1412206079 Appendix A - Terms and Conditions.docx
DOCX document 190 KB Posted
- Attached to
- Progressive Design-Build Services for the Brandy Branch to Normandy 230kV Transmission Line
- Solicitation number
- 1412206079
- Issued by
- Duval County, Florida
About this file
Summary of Appendix A - Terms and Conditions for JEA Design-Build Contract
This document is a standard contract terms and conditions agreement between JEA (Jacksonville Electric Authority), a municipal utility in Jacksonville, Florida, and a Design-Build Firm for progressive design-build services. The project involves the design and construction of a new overhead 230kV transmission circuit (circuit 979) extending approximately from the Brandy Branch substation to the Normandy Substation in Jacksonville, Florida. The contract encompasses all engineering, permitting, surveying, design, structure and material procurement, and construction services. The solicitation due date is September 15, 2026. The work is divided into two primary phases: Phase I includes planning and design services with deliverables at 10%, 30%, 60%, and final design stages, culminating in a Guaranteed Maximum Price (GMP) proposal; Phase II includes final design (90% and 100% design documents), permitting, and full construction completion. The Design-Build Firm must submit a Master Project Schedule upon award and provide detailed Phase I and II schedules with intermediate milestones. The contract requires the establishment of a Guaranteed Completion Date to be identified in a GMP Amendment prior to Phase II commencement.
The contract price is structured as a Guaranteed Maximum Price that includes all design fees, engineering costs, permitting, material procurement, construction labor, general conditions, insurance, and the Design-Build Firm's fee, with the actual amount to be determined and approved by JEA through the GMP Amendment process. The GMP shall include construction contingency funds for unforeseen circumstances, which require written authorization from JEA prior to use. Liquidated damages are established at $1,000 per calendar day for failure to meet design phase milestones, with additional daily liquidated damages to be determined in the GMP Amendment for overall project completion delays; total liquidated damages are capped at ten percent of the total contract price. The Design-Build Firm is responsible for all subcontractor management, quality control, code compliance inspections, customer service requirements including a designated Customer Service Representative, and performance bonding (100% Performance Bond and 100% Labor and Material Payment Bonds). Multi-year funding provisions apply, with JEA responsible for securing necessary approvals, easements, and providing available surveys and reports; any work stoppage due to lack of funding entitles the Design-Build Firm to change orders covering demobilization, remobilization, additional general conditions, and price escalation costs.
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CONTRACT
BETWEEN
JEA
AND
CONTRACTING PARTY NAME
JEA CONTRACT #
THIS CONTRACT is made and entered into as of the ____day of ______2026 (the “Effective Date”) by and between JEA, a body politic and corporate in the City of Jacksonville, Florida (“JEA” or “OWNER”) and, CONTRACTING PARTY NAME, a (State of Authority) (Type of Organization) authorized to conduct business in the state of Florida with its principal address at (Enter Principal Address from Sunbiz) (hereinafter called the “DESIGN-BUILD FIRM” or “Company”).
WHEREAS, JEA issued a Solicitation No. __________ for “Project Title”, as amended by Addendum Number One dated _______, Addendum Number Two dated __________, and Addendum Number Three dated _________ (the “Solicitation”); and
WHEREAS, based on Company’s response to the Solicitation (the “Response”), on Award Date, JEA’s Awards Committee awarded a contract to Company to provide certain services to JEA as described in the Solicitation (the “Work”); and
WHEREAS, the Company accepts the relationship established between it and JEA by this Agreement and covenants with JEA to demonstrate high performance in the industry to its best skill and judgment and to cooperate in furthering the interests of JEA; and
WHEREAS, Company agrees to furnish efficient business administration and superintendence and use its best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the best interest of JEA and with the terms and conditions provided herein.
NOW THEREFORE, in consideration of the mutual covenants contained below, JEA and Company agree as follows:
ARTICLE 1 - THE DESIGN-BUILD TEAM AND EXTENT OF AGREEMENT
1.1 The DESIGN-BUILD TEAM – The DESIGN-BUILD FIRM, and the OWNER, collectively called the “DESIGN-BUILD TEAM,” shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The DESIGN-BUILD FIRM will provide leadership during the design phase with direction from the OWNER.
1.2 Extent of Agreement – This Contract for the planning, design and construction services for the Progressive Design-Build Services for the Water Purification Demonstration Facility project (JEA Contract No.___________) between the OWNER and the DESIGN-BUILD FIRM, supersedes any prior negotiations, representations or agreements. When drawings, specifications and other descriptive documents defining the work to be included under a construction authorization are complete, they shall be identified in the construction authorization issued by the Project Manager. When drawings, specifications and other descriptive documents defining the work to be included in the guaranteed maximum price (GMP) are complete, an Amendment to the Agreement shall be approved and signed by the OWNER and DESIGN-BUILD FIRM, acknowledging the GMP amount and the drawings, specifications and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the OWNER, the DESIGN-BUILD FIRM shall furnish three (3) sets of dated drawings, specifications and other documents upon which the GMP is based, and shall include a letter from the Engineer of Record certifying the design documents and design intent are correct to the best of their knowledge.
This Contract shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both OWNER and DESIGN-BUILD FIRM.
| 1.3 | Definitions – |
| Words and terms defined in this section shall have the same meaning throughout all parts of this Solicitation and Contract Documents. Where intended to convey the meaning consistent with that set forth in its definition, a defined word or term is marked by initial capitalization. The "Technical Specifications" portion of this Solicitation may define additional words and terms where necessary to clarify the Work. Unless otherwise stated in this Solicitation and/or Contract Documents, definitions set forth in the "Technical Specifications/Scope of Services" shall apply only within the "Technical Specifications/Scope of Services." |
| A. | Acceptance - JEA's written notice by the JEA Representative to the DESIGN-BUILD FIRM that all Work as specified in the Contract, or a portion of the Work as specified in a Task or Work Order, has been completed to JEA's satisfaction. Approval or recognition of the DESIGN-BUILD FIRM meeting a Milestone or interim step does not constitute Acceptance of that portion of Work. Acceptance does not in any way limit JEA's rights under the Contract or applicable laws, rules and regulations. |
| B. | Addendum/Addenda - A written change or changes to the Solicitation which is issued by JEA Procurement Services and is incorporated into the Solicitation as a modification, revision and/or further clarification of the intent of the Solicitation. |
| C. | Award - The written approval of the JEA Awards Committee that the procurement process for the purchase of the Work was in accordance with the JEA Procurement Code and Florida Statutes. Once an Award is approved, JEA will either issue a Purchase Order or execute a Contract with the successful bidder or proposer. |
| D. | Change Order - A Change Order is a written order on an approved change order form under the authorization of JEA to the DESIGN-BUILD FIRM signed by JEA issued after the execution of this Contract, authorizing a Change in the Project, the DESIGN-BUILD FIRM’s fee, or the Substantial Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Project. Execution of a Change Order by the DESIGN-BUILD FIRM serves as a waiver and an accord and satisfaction of all issues related to the Work identified in the Change Order. All Change Orders shall require a written amendment to this Contract to be executed by the DESIGN-BUILD FIRM and JEA in order for such Change Order to become effective. |
| E. | Construction Authorization - The term Construction Authorization shall mean a written work order based on a defined scope of work excluding DESIGN-BUILD fees, prepared by the Project Manager and issued to the DESIGN-BUILD FIRM. Construction Authorizations shall be used prior to the date of the GMP Amendment and all work performed pursuant to Construction Authorizations shall be included in the GMP. |
| F. | Contract - An agreement between JEA and the DESIGN-BUILD FIRM, signed by both parties, which incorporates all the Contract Documents. The Contract shall not be altered without an Amendment to the Contract and executed by JEA and the DESIGN-BUILD FIRM, or a JEA issued Change Order. |
| G. | Contract Price - The total amount payable to the DESIGN-BUILD FIRM during the initial Term of the Contract. However, this amount is not a guaranteed amount. Also referred to as the "Maximum Indebtedness" of JEA. |
| H. | Contract Time - The number of calendar days or the period of time from when the written Purchase Order is issued to the DEISGN-BUILD FIRM, to the date DESIGN-BUILD FIRM has agreed to complete the Work, as set forth in the Contract Documents. |
| I. | Day or Days - Shall mean calendar days unless otherwise specifically noted in the Contract Documents. |
| J. | Defect - Work that fails to reach Acceptance, or Work that fails to meet the requirements of any required test, inspection or approval, and Any Work that meets the requirements of any test or approval, but nevertheless does not meet the requirements of the Contract Documents. |
| K. | DESIGN-BUILD FIRM - DESIGN-BUILD FIRM – CONTRACTING PARTY NAME, the primary and authorized representative of the DESIGN-BUILD FIRM, which includes its architects, consultants and subcontractors. |
| L. | DESIGN-CRITERIA PROFESSIONAL - Firm assigned to review, approve and assist in the development of a design criteria package and design guidelines. |
| M. | Estimate - The DESIGN-BUILD FIRM’s latest estimate of probable project construction cost. |
| N. | Final Completion - Final Completion shall mean the point at which each of the elements set forth in JEA’s Certificate of Final Completion available at jea.com shall have been completed and the DESIGN-BUILD FIRM has completed, certified and submitted the Certificate of Final Completion to the OWNER. |
| O. | Hazardous Conditions - Any substance which is or contains (i) any "hazardous substance" as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. '9601 et seq.) ("CERCLA") or any regulations promulgated under or pursuant to CERCLA; (ii) any "hazardous waste“ as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C. '6901 et. seq.) ("RCRA") or regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the Toxic Substances Control Act (15 U,S.C. '2601 et seq.); (iv) gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) radon gas; and (viii) any additional substances or materials which are now or hereafter classified or considered to be hazardous or toxic under Environmental Requirements (as hereinafter defined) or the common law, or any other applicable laws relating to the Licensed Property. Hazardous Materials shall include, without limitation, any substance, the presence of which on the Licensed Property, (A) requires reporting, investigation or remediation under Environmental Requirements; (B) causes or threatens to cause a nuisance on the Licensed Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the Licensed Property or adjacent property; or(C) which, if it emanated or migrated from the Licensed Property, could constitute a trespass. |
| P. | Invoice - A document seeking payment to the DESIGN-BUILD FIRM from JEA for all or a portion of the Work, in accordance with the Contract Documents, and including at a minimum the following items: the DESIGN-BUILD FIRM’s name and address, a description of the product(s) or service(s) rendered, a valid JEA PO number, the amount payable, the Unit Price, the payee’s name and address, any associated JSEB forms and any other supporting documentation required by the Contract Documents. |
| Q. | JEA/JEA Representatives - JEA on its own behalf, or the person or persons designated by JEA as the representative acting in a capacity related to the Work. |
| R. | Legal Requirements - All applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project, the practices involved in the Project, or any Work. |
| S. | Multi-Year Funding - The term Multi-Year Funding shall mean a project funded by the OWNER over two or more years. However, only the first year has been appropriated by the OWNER. Any other provision in this Contract to the contrary and notwithstanding the duration of this Contract, this Contract shall be contingent upon the existence of lawfully appropriated funds. |
| T. | Notice to Proceed - The written notice, duly authorized and delivered by JEA that authorizes the DESIGN-BUILD FIRM to begin the Work. The Notice to Proceed is normally issued in the form of a purchase order, unless otherwise specified in the Contract Documents. Site is the land or premises on which the Project is located. |
| U. | OWNER - JEA acting through its Project Manager or those persons designated by the Project Manager to act on his/her behalf. |
| V. | OWNER ADVISOR - A design and/or construction consultant or consulting firm contracted by the OWNER to assist with administration, decision support and analysis with related to the Design Build contract that includes, but is not limited to, estimate review, schedule review, procurement recommendations, GMP review, etc. |
| W. | OWNER ALLOWANCE - The amount established by JEA and DESIGN-BUILD FIRM in the GMP Amendment which is available for changes in the Scope of Work as a result of unforeseen conditions, force majeure or other issues and which is either requested by JEA or approved by JEA in advance. |
| X. | Project - The Project is the total Work to be performed under this Agreement. The Project consists of planning, design, permitting, construction and code inspection. |
| Y. | Project Manager - The person designated by the OWNER to provide direct interface with the DESIGN-BUILD FIRM with respect to the OWNER’s responsibilities. |
| Z. | Purchase Order - An accounting document generated by the OWNER provided to a contractor or vendor. The terms and conditions of the contract documents, except as expressly and clearly modified by the OWNER, shall be incorporated in any purchase order. |
| AA. | Subcontractor - The legal person, firm, corporation or any other entity or business relationship that provides a portion of the work, or provides supplies and materials, to the DESIGN-BUILD FIRM which has an executed Contract with JEA. Unless noted otherwise, JEA is not in privity of contract with the Subcontractor. |
| BB. | Substantial Completion - The term Substantial Completion, as used herein, shall mean that point at which the Work, or designated portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that the OWNER or its designee can enjoy use or occupancy for its intended purpose. In the event the Work includes more than one phase, the OWNER, at its discretion, may set Substantial Completion dates for each phase and may impose provisions for liquidated damages for each phase. |
| CC. | Work or Scope of Services - Work includes as defined in the Contract Documents all actions, products, documentation, electronic programs, reports, testing, transport, administration, management, services, materials, tools, equipment, and responsibilities to be furnished or performed by the DESIGN-BUILD FIRM under the Contract, together with all other additional necessities that are not specifically recited in the Contract, but can be reasonably inferred as necessary to complete all obligations and fully satisfy the intent of the Contract. |
ARTICLE 2 - DESIGN-BUILD FIRM’S SERVICES
The services which the DESIGN-BUILD FIRM shall provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned.
2.1 PROJECT INFORMATION REPORTING
2.1.1 General:
A. Commencing immediately after contract award, the DESIGN-BUILD FIRM shall implement and shall utilize throughout the life of this Contract all subsystems of Project Management Reporting.
B. The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the OWNER monthly and shall accompany each pay request.
C. The report shall be described in terms of the following major subsystems: Narrative Reporting, on a monthly basis; Schedule Control, on a monthly basis; Cost Control, and estimating; Project Accounting; Accounting and Payment and Action Reports.
2.1.2 NARRATIVE REPORTING SUBSYSTEM
A. The DESIGN-BUILD FIRM shall prepare written reports as described hereunder. All reports shall be in 8½” x 11” format.
B. The Narrative Reporting Subsystem shall include the following reports:
1. A Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any known problems or delays, including code violations found by Permitting Authority.
2. A Monthly Cost Narrative describing the current construction cost estimate status of the Project.
3. A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This report shall include an analysis of the various project schedules, a description of the critical path, and other analyses as necessary to compare planned performance with actual performance.
4. A Monthly Accounting Narrative Report describing the current cost and payment status of the entire project. This report shall relate current encumbrances and expenditures to the budget allocations.
5. A Monthly Construction Progress Report during the construction phase summarizing the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as general conditions, long lead supplies, current deliveries, safety and labor relations programs permits, construction problems and recommendations, and plans for the succeeding month.
6. A Monthly Jacksonville Small and Emerging Business Report during the construction and design phases summarizing the participation of JSEB certified subcontractors/ material suppliers for the current month, and project to date. The report shall include the name, address, and dollar amount of each certified JSEB participant.
C. The reports outlined in subsection B(1) through B(6) above shall be bound with applicable computer reports and submitted monthly during design and construction phases and shall be current through the end of the preceding month. Copies shall be transmitted to the OWNER and others designated by the Project Manager with the monthly pay requisition. Up to three (3) Additional copies of the report outlined in subsection B(1) shall be bound separately and distributed monthly as directed by the OWNER’s Project Representative.
D. A Daily Construction Diary Report during the construction phase describing events and conditions on the site consisting of the following information: a visitor’s log for recording visits by the Architect, Consultants, Owner, Inspectors and all visitors. This log shall include name and who represented, phone number, date, time of arrival and departures. A copy, bound, of the complete diary shall be submitted to the OWNER at the conclusion of the project at the OWNER’s request, and may be requested earlier by the OWNER without waiving any right to obtain this data at project conclusion.
2.1.3 Scheduled Control Subsystem
A. Master Project Schedule – Upon award of this Contract, the DESIGN-BUILD FIRM, shall submit a master project schedule covering the planning and design approvals, construction and Material procurement for the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project.
B. Within thirty (30) calendar days after the date of the OWNER’s issuance of a Notice to Proceed, the DESIGN-BUILD FIRM shall prepare and submit to the Owner a Phase 1 schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the DESIGN-BUILD FIRM proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The Owner shall determine whether the construction schedule developed and submitted by the DESIGN-BUILD FIRM meets the requirements stated above and such determination shall be binding on the DESIGN-BUILD FIRM. Failure of the DESIGN-BUILD FIRM to develop and submit a construction schedule as aforesaid shall be sufficient grounds for the Owner to withhold any payment, or any other remedy that exists pursuant to the contract or Florida law. Following development and submittal of the construction schedule as aforesaid, the DESIGN-BUILD FIRM shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the subject project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the OWNER in duplicate. Failure of the DESIGN-BUILD FIRM to update, revise, and submit the construction schedule as aforesaid shall be sufficient grounds for the OWNER to find the DESIGN-BUILD FIRM in default and to withhold payment to the DESIGN-BUILD FIRM until a schedule or schedule update acceptable to the OWNER is submitted, or any other remedy that exists pursuant to the contract or Florida law.
2.1.4 Detailed Phase I and II and Construction Schedules - The DESIGN-BUILD FIRM shall prepare a construction schedule for work encompassed in each bid package. The schedule shall be sufficiently detailed as to be suitable for inclusion in the bid package as a framework for contract completion by the successful bidder. It shall show the interrelationships between the work of the successful bidder and that of other subcontractors, and shall establish milestones keyed to the overall master schedule.
A. The DESIGN-BUILD FIRM shall prepare and incorporate into the schedule database, at the required intervals, the following schedules:
· Phase I includes 10% design, 30% design, 60% design, \ and submittal of a Final Gross Maximum Price (GMP).
· Phase II includes the 90% design, 100% construction documents, permit coordination and approvals and the construction of the Transmission Line, Transmission and Substation Improvements, and begins upon approval of the Final GMP. The GMP submittal will include a Phase II schedule in Microsoft Project for completion of design, permitting and construction of the Transmission Line and Transmission/ Substation Improvements.
B. Subcontractor Construction Schedules – Upon the award of each subcontract, the DESIGN-BUILD FIRM shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the specifications, taking into account the work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules.
2.1.5 Project Accounting Subsystem – The operation of this subsystem shall enable the DESIGN-BUILD FIRM to plan effectively and to monitor and control the funds available for the project, cash flow, costs, change orders, payments, and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable. This subsystem will be produced and updated monthly and includes the following reports, which together will serve as a basic accounting tool and an audit trail. This report will also provide for accounting by building and site element and shall be prepared and maintained pursuant to generally accepted accounting principles.
A. Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and purchase orders) for any given contract or budget line item. It shall show approved change orders for each contract which when added to the base commitment will become the total commitment. Pending change orders will also be shown to produce the total cost to complete the work.
B. A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative), the retained, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request in the form of AIA Schedule of Values.
C. A Detailed Status Report showing the complete activity history of each item in the project accounting structure. It shall include the budget, estimate and base commitment figures for each contract. It shall give the change order history including change order number, description, proposed and approved sates and the proposed and approved dollar amounts. It shall also show all pending or rejected change orders.
D. A Cash Flow diagram showing the projected accumulation of cash payments against the project. Cash flow projections shall be generated for anticipated monthly payments as well as cumulative payments.
2.1.6 A Job Ledger shall be maintained as necessary to supplement the operation of the project accounting subsystem. The job ledger will be used to provide construction cost accountability for general conditions work, on-site reimbursable expenses, and costs requiring accounting needs.
2.2 DESIGN PHASE (PHASE I)
2.2.1 Design Development 10%, 30%, 60%, and GMP Pricing
A. The DESIGN-BUILD FIRM shall perform the services necessary to generate a Guaranteed Maximum Price (GMP).
i. The Services for this Phase include identification of all JEA requirements, all engineering design and analyses in civil, mechanical, structural, electrical, instrumentation & control, telemetry disciplines, value engineering, constructability analysis,all permitting including storm water management, finalization of bid packages for subcontractor and material procurement based upon the 60% design documents (or at such time as agreed between Owner and DESIGN-BUILD FIRM), establishment of JSEB bidding packages, advertisement of bid packages, receipt, analysis and provision of bid tabulations to OWNER, establishment and submittal of GMP and Schedule (including Guaranteed Completion Date) as further outlined in Article 9.
ii. Deliverables for this Phase shall include detailed 10%, 30%, and 60% design documents including plans, specifications, permit drawings, permit applications, GMP Proposal, as outlined in Article 9, and Construction Schedule of Values. OPPC estimates shall be provided at 10%, 30% and 60% design submittals, and be provided in Excel format to be approved by the OWNER with formulas and subtotals.
iii. The DESIGN-BUILD FIRM shall provide and distribute hard copies and an electronic copy in PDF format on USB drive, or online file transfer, for review and comment by the OWNER. OPPC estimates shall be provided in Excel format to be approved by the OWNER, with formulas and subtotals.
iv. The OWNER shall review the design documents and other deliverables and shall provide comments at a project meeting to be held within 20 business days of delivery of documents from the DESIGN-BUILD FIRM.
v. The DESIGN-BUILD FIRM shall perform the services necessary to incorporate OWNER’s comments from the project meeting and resubmit the deliverables in electronic, PDF format, within 10 business days from the review meeting for the OWNER’s review and approval.
B. The DESIGN-BUILD FIRM will work in partnership with JEA and OWNER Advisor to develop/identify activities related to risk and scope management. The DESIGN-BUILD FIRM shall create the initial Risk Register, develop and lead all Risk, Opportunity, and Innovation workshops to identify, define, track and document other project-specific risk, opportunity, and/or innovation. The DESIGN-BUILD FIRM shall utilize the Risk Register to form the basis of the DESIGN-BUILD FIRM Construction Contingency and OWNER’s Allowance.
C. Prior to commencing Phase II, the GMP proposal will be reviewed and accepted by the OWNER as stated in Article 9.
2.3 PHASE II (90%, 100% DESIGN, AND CONSTRUCTION)
2.3.1 CONSTRUCTION DRAWINGS AND SPECIFICATIONS
A. The DESIGN-BUILD FIRM shall prepare from the approved Phase I documents, the Phase II Construction drawings consisting of 90% and 100% design build construction documents that are consistent with the approved Phase I documents.
B. The DESIGN-BUILD FIRM scope of services for this Phase include acquisition of all permits, any required modification of permits, finalized construction drawings consisting of 100% design build construction documents including plans and specifications, coordination, procurement, demolition, construction, site improvements, quality control, start-up, testing, training, site restoration and all other activities.
C. The Design-Builder shall be responsible for coordinating all construction activities with JEA’s engineering personnel and JEA’s Project Manager. The Design-Builder shall be responsible for project safety and quality control, as well as all other activities necessary to design and construct the project. The Design-Builder shall prepare applicable Operation and Maintenance Manuals, record drawings, and all other required documentation.
D. The Design-Builder shall demonstrate good project management practices while working on this project. These include communication with the OWNER and others as necessary, management of time and resources, and documentation.
E. The OWNER shall review the Phase II construction drawings and specifications and shall provide comments within 20 business days of delivery of documents from the DESIGN-BUILD FIRM.
F. The DESIGN-BUILD FIRM shall provide design documents, drawings and specifications which conform to applicable standards and regulations including JEA’s standards, the City of Jacksonville building codes and zoning codes and generally accepted construction industry standards.
G. The DESIGN-BUILD FIRM shall signify its responsibility for the Approved for Construction drawings and specifications prepared pursuant to this Agreement by affixing its signature, date and seal thereto as required by Chapters 471 and 481, Florida Statutes. If the facility being constructed meets the definition of a threshold building as defined in Chapter 553.71(7), Florida Statutes, then the DESIGN-BUILD FIRM shall insert the following statement on each sheet required by Chapters 471 and 481, Florida Statutes, to be signed, sealed and dated by the DESIGN-BUILD FIRM: To the best of my knowledge, the plans, specifications and addenda comply with the applicable minimum codes.
H. Where this Agreement provides for the OWNER’s approval of the DESIGN-BUILD FIRM’s design suggestions and decisions, such approval shall not relieve the DESIGN-BUILD FIRM of any responsibility or warranty hereunder.
I. The DESIGN-BUILD FIRM, utilizing a computer-aided design and drafting application (CADD), shall provide the OWNER with one (1) USB drive (or other electronic file transfer) at the conclusion of 100% Construction Documents defined in Article 3.5(1). Drawing files will be compatible with AutoCAD in a .dwg file format and will contain all font, symbol, block and attribute files used to assemble the documents. Files must be submitted on USB (or other electronic file transfer) with the contents of each disk appropriately labeled. Layering of drawing files will conform to the industry’s generally accepted Standards. The DESIGN-BUILD FIRM shall provide along with the USB files a directory of the layers used and the identification of each layer. The DESIGN-BUILD FIRM shall also provide plot files to enable plotting with correct pen style settings. The Owner recognizes that data, plans, specifications, reports, documents or other information recorded as electronic media are subject to alteration, due to, among other things, transmission, conversion, software error or human alteration. Accordingly, the CADD documents provided are for information only and not as an end product. Technical specifications shall be in a Microsoft Word format.
2.3.2 DESIGN REVIEW AND RECOMMENDATIONS
| A. | Review and Recommendations and Warranty - The DESIGN-BUILD FIRM's construction personnel shall familiarize themselves thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical, and structural plans and specifications and shall follow the development of design from Phase I through Phase II. They shall make recommendations to the designers with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the OWNER in evaluating alternative comparisons versus long term cost effects. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. They shall furnish pertinent information as to the availability of materials and labor that will be required. They shall call to the DESIGN-BUILD FIRM's designer's attention any apparent defects in the design, drawings and specifications or other documents. They shall prepare an estimate of the construction cost utilizing the unit quantity survey method to be approved by the OWNER. |
| B. | Long Lead Procurements - The DESIGN-BUILD FIRM's construction personnel shall review the design for the purpose of identifying long lead procurement items (poles, conductors, materials and supplies). When each item is identified, the DESIGN-BUILD FIRM shall notify the subcontractors and the Project Manager of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. The DESIGN-BUILD FIRM shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Manager and OWNER of any problems or prospective delay in delivery. |
C. Separate Contracts Planning - The DESIGN-BUILD FIRM shall review the design with the OWNER and make recommendations to the OWNER with respect to dividing the work in such manner as will permit the DESIGN-BUILD FIRM to take bids and award separate construction sub-contracts on the current schedule while the design is being completed. It shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the OWNER. The DESIGN-BUILD FIRM shall have final authority for scope of work within bid packages provided, however that OWNER shall review and provide any written comments related to the bid packages, changes to the bid packages or any addenda issued after the bid packages are let to DESIGN-BUILD FIRM within 20 business days of receipt of such bid packages or any changes thereto and any OWNER comments shall comply with the duties and obligations of the parties under this Agreement so as to not delay the Work and/or cause DESIGN-BUILD FIRM to incur additional costs.
D. Interfacing - The DESIGN-BUILD FIRM shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate subcontracts for procurement of long lead items, the separate construction subcontracts and the general conditions items performed without duplication or overlap, sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the work included in that particular separate subcontract, its schedule for start and completion and its relationship to other separate contractors.
E. Job-Site Facilities - The DESIGN-BUILD FIRM shall arrange for all job-site facilities necessary to enable the DESIGN-BUILD FIRM to perform its duties. The DESIGN-BUILD FIRM is responsible for proper care, maintenance and insurance, and all job-site facilities while in its control.
F. Weather Protection - The DESIGN-BUILD FIRM shall ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced.
G. Market Analysis and Stimulation of Bidder Interest
1. The DESIGN-BUILD FIRM shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the project; it shall make analysis as necessary to (1) determine and report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (2) in light of such determinations, make recommendations as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the scheduled time.
2. The DESIGN-BUILD FIRM shall be responsible for stimulating bidder interest in the local marketplace and identifying and encouraging bidding competition for subcontracted scopes of work.
3. The DESIGN-BUILD FIRM shall carry out an active program of stimulating interest of qualified contractors and suppliers in bidding on the work and of familiarizing those bidders with the requirements.
2.3.3 STANDARD OF CARE - Notwithstanding any provision to the contrary, the standard of care for all professional services to be performed by DESIGN-BUILD FIRM pursuant to this Agreement, including but not limited to this Section 2.3, 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.
2.3.4 CONSTRUCTION AND CONSTRUCTION ADMINISTRATION
A. DESIGN-BUILD FIRM's Staff - The DESIGN-BUILD FIRM shall maintain sufficient offsite support staff, and competent full time staff at the Project site authorized to act on behalf of the DESIGN-BUILD FIRM to coordinate, inspect and provide general direction of the work and progress of the subcontractors. DESIGN-BUILD FIRM shall provide no less than those personnel during the respective phases of construction that are set forth in the DESIGN-BUILD FIRM’S proposal. It shall not change any of those persons named in the proposal unless mutually agreed to by the OWNER and DESIGN-BUILD FIRM. In such case, the OWNER shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld.
B. Lines of Authority - The DESIGN-BUILD FIRM shall establish and maintain lines of authority for its personnel, and shall provide this definition to the OWNER and all other affected parties such as the code inspectors of the Permitting Authority, the sub-contractors and the OWNER's representatives, to provide general direction of the work and progress of the various phases and subcontractors. The OWNER may attend meetings between the DESIGN-BUILD FIRM and his Subcontractors; however, such attendance shall not diminish either the authority or responsibility of the DESIGN-BUILD FIRM to administer the subcontractor.
C. Schedule, and Project Manual Provisions - The DESIGN-BUILD FIRM shall continue to update scheduling information, coordination of milestones, coordination of subcontractor work and delivery of materials in order to adhere to the project schedule.
D. Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, the DESIGN-BUILD FIRM shall provide to the OWNER, on forms furnished by the OWNER, a 100% Performance Bond and a 100% Labor and Material Payment Bond, each in an amount not less than Guaranteed Maximum Price less the Design and Engineering Fees and the DESIGN-BUILD FIRM’s FEE. No revisions or modifications to the language contained in the JEA Bond forms are permitted. The Payment and Performance Bonds must be duly recorded in the Duval County Public Records as a condition precedent to the OWNER’s issuance of a Notice to Proceed on the Construction phase of the Project. Examples of JEA bond forms are attached hereto as Exhibit C.
To be acceptable to the OWNER as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
2. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Codes.
3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code during the life of this agreement.
5. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions:
a. The Surety Company shall have at least the following minimum ratings in the latest issue of A.M. Best's Key Rating Guide.
| POLICY | REQUIRED | |
| HOLDER'S | FINANCIAL | |
| CONTRACT AMOUNT | RATING | RATING |
| $ 500,000 TO 1,000,000 | A- | CLASS IV | |
| 1,000,000 TO 2,500,000 | A- | CLASS V | |
| 2,500,000 TO 5,000,000 | A- | CLASS VI | |
| 5,000,000 TO 10,000,000 | A- | CLASS VII | |
| 10,000,000 TO 25,000,000 | A- | CLASS VIII | |
| 25,000,000 TO 50,000,000 | A- | CLASS IX | |
| 50,000,000 TO 75,000,000 | A- | CLASS X |
b. 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:
1) 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 this state have been met.
2) 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.
F. Quality Control - The DESIGN-BUILD FIRM shall develop and maintain a program, acceptable to the OWNER, to assure quality control of the construction. The DESIGN-BUILD FIRM shall supervise the work of all subcontractors providing instructions 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-BUILD TEAM 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.
G. Subcontractor Interfacing - The DESIGN-BUILD FIRM shall be the single 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-BUILD FIRM shall act immediately to remove the threat to health and safety. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGN-BUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested of it by the subcontractors and shall maintain a suspense control system to promote timely response. It shall advise the Project Manager when timely response is not occurring on any of the above.
H. Permits - The DESIGN-BUILD FIRM shall secure all necessary permits, the cost of which will be an allowance item.
I. Job Site Requirements
1. The DESIGN-BUILD FIRM shall provide for each of the following activities as a part of its Construction Phase fee:
a. Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc.
b. Maintain a roster of companies on the project with names and telephone numbers of key personnel.
c. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline.
d. Provide labor relations management for a harmonious, productive project.
e. Provide a safety program for the project to meet JEA & OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice.
f. Provide a quality control program as developed under Article 2.3 (F). herein above.
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.
2. The DESIGN-BUILD FIRM 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 Authority's inspectors.
J. Job Site Administration - The DESIGN-BUILD FIRM shall provide as part of its job site fee, job site administrative functions during construction to assure proper documentation, including but not limited to such things as the following:
1. Job Meetings - Hold weekly progress 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 DESIGN-BUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for establishing procedures, responsibilities, and identification of authority for all to clearly understand.
Identify party or parties responsible for follow up on any problems, delay items or questions and record course for 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.
2. Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and closely monitor their submittal and approval process.
3. 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.
4. 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.
5. Document Interpretation - Refer all questions for interpretation of the technical documents to the DESIGN-BUILD FIRM and all others to the Owner.
6. 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 Authority inspectors for review and copying.
7. Subcontractor's Progress - Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion.
8. Substantial Completion - Substantial Completion shall be established by way of the following steps:
a. DESIGN-BUILD Firm shall notify the OWNER that the project is ready for Substantial Completion inspections.
| b. | The OWNER shall conduct the Substantial Completion inspections. | |
| c. | Inspections shall be completed by the OWNER’s Representative. |
d. The OWNER shall consolidate a punch list (OWNER's punch list)
e. The OWNER shall issue a Certificate of Substantial Completion with the OWNER's punch list attached.
9. 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 books including the Final Completion form.
10. Start-Up - With the OWNER's personnel, direct the checkout of utilities, operations, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors.
11. Record Drawings - The DESIGN-BUILD FIRM shall monitor the progress of its own forces or its Subcontractors on marked up field prints and at project completion will prepare the final record drawings. Shall submit on monthly basis marked up with field print.
12. Schedule of Assets (SA) - The DESIGN-BUILD FIRM shall record the assets installed of…
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