3-02. Appendix 2-2 Contract Draft Precon Amend .docx
DOCX document 63 KB Posted
- Attached to
- Sandhill Water Reclamation Facility (WRF) Advanced Wastewater Treatment (AWT) and Odor Control Project
- Solicitation number
- RFQu-25-012
- Issued by
- Osceola County, Florida
About this file
This document is a Preconstruction Amendment for a Contract between the Tohopekaliga Water Authority (TOHO) and an unnamed Construction Manager at Risk (CMAR) entity for the Sandhill Water Reclamation Facility (WRF) Advanced Wastewater Treatment (AWT) and Odor Control Project in Florida. The amendment outlines the preconstruction services, including defining project team representatives, key personnel, and the scope of preconstruction services. The document establishes the framework for the project, including project management roles, communication protocols, and the initial phase of the construction management process.
The amendment includes provisions for preconstruction services fees, which can be structured as either an invoice-based monthly reimbursement or a fixed monthly amount, not to exceed a mutually agreed-upon lump sum. The document specifies notice requirements, potential state and federal financial assistance, and includes a human trafficking affidavit as required by Florida Statutes. The contract allows for electronic signatures and counterpart execution, with the total contract value to be determined through the attached appendices (PCA-1, PCA-2, and PCA-3), which will detail the specific scope of services, schedule, and any applicable wage determinations.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 1-RFQu-25-012 Sandhill (WRF) (AWT) and Odor Control Project 7625 .pdf | ||
| 4-02. Appendix 2 -1(Contract) - CMAR Contract.docx | DOCX document | |
| 7-Addendum 2- RFQu-25-012 .pdf | ||
| 6-Addendum 1- RFQu-25-012 .pdf | ||
| 5-Appendix 1.pdf | ||
| 2-02. Appendix 2-3 (Draft GMP Amendment).docx | DOCX document |
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Text version
ATTACHMENT 2: PRECONSTRUCTION AMENDMENT
RFQu- YY-####
PRECONSTRUCTION AMENDMENT
to
CONSTRUCTION MANAGER AT RISK CONTRACT
between
TOHOPEKALIGA WATER AUTHORITY
and CMAR Entity Name regarding Project Title
THIS PRECONSTRUCTION AMENDMENT (“Preconstruction Amendment”) is made and entered into between TOHOPEKALIGA WATER AUTHORITY, an independent special district established pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, with its principal place of business located at 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (“TOHO”), and CMAR Entity Name, a CMAR Entity Type of the State of State Name that is authorized to do business in the State of Florida, with its principal place of business located at CMAR Principal Address (“CMAR”), in consideration of the mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged. TOHO and CMAR may be herein referred to individually as the “Party” or collectively as the “Parties”.
Execution; Definitions Execution This Preconstruction Amendment shall be executed in tandem with the Contract numbered RFQu-YY-### between the Parties (the “Contract”). This Preconstruction Amendment, as well as any appendices and attachments to this Preconstruction Amendment, shall be incorporated into and serve as a material part of the Contract.
Definitions The terms used in this Preconstruction Amendment, unless otherwise defined in this Preconstruction Amendment, shall have the meanings ascribed to them in the Contract.
Incorporation of Appendices The documents listed in Table 1: Preconstruction Amendment Appendices are hereby incorporated into the Contract Documents and are made part thereof:
Table 1: Preconstruction Amendment Appendices
| Appendix No. |
| Description |
| PCA-1 |
| Preconstruction Services Scope and Fee |
| PCA-2 |
| Preconstruction Phase Schedule |
| PCA-3 |
| U.S. Department of Labor Wage Determinations (if applicable) |
Negotiated Fees/Costs Preconstruction Services Fee In accordance with Section 6.7: Preconstruction Services Fee of the Contract, Toho and CMAR hereby agree that the Preconstruction Services Fee shall be paid:
Select one of the following:
| ☐ | Invoice-based monthly reimbursement of actual Preconstruction Phase costs incurred by CMAR up to a not-to-exceed lump-sum amount established by mutual agreement by the Parties in the PCA-1: Preconstruction Services Scope and Fee; or |
| ☐ | As a fixed monthly amount up to a not-to-exceed lump-sum amount, both such amounts as established by mutual agreement by the Parties in the PCA-1: Preconstruction Services Scope and Fee. |
Construction Manager Fee TOHO and CMAR hereby agree that the Construction Manager Fee shall be paid for by TOHO in accordance with Section 8.9: Construction Manager Fee of the Contract.
Project Team Project Team Representatives In accordance with Section 5.2: Project Managers of the Contract, the following individuals are the Project Managers assigned to this Contract:
Toho’s Project Manager (“TOHO PM”)
| Name: |
| Name |
| Title: |
| Title |
| Phone: |
| Phone Number |
| Email: |
| Email Address |
CMAR’s Project Manager (“CMAR PM”)
| Name: |
| Name |
| Title: |
| Title |
| Phone: |
| Phone Number |
| Email: |
| Email Address |
In accordance with Section 5.3: Design Engineer’s Representative, the following individual is the representative of DESIGN ENGINEER that is assigned to this Contract:
| Name: |
| Name |
| Title: |
| Title |
| Phone: |
| Phone Number |
| Email: |
| Email Address |
CMAR’s Key Personnel & Staff In accordance with Section 5.5: Key Personnel, and as defined in Section 2.1: General Definitions of the Contract, the following are the Key Personnel that CMAR has assigned to this Contract, this list shall include any Key Personnel for both the Preconstruction and Construction Phases of the Contract as they were presented by CMAR in its applicable Solicitation Response:
Table 2: CMAR’s Key Personnel & Staff
| Key Personnel Name |
| Project Role |
| % of Time Assigned |
Notices In accordance with Section 28.9: Notices of the Contract, the following shall be the addresses to which any notices required by the Contract or the Contract Documents may be received by each Party:
Notice to TOHO Project Manager “PM” Tohopekaliga Water Authority Attn: Name and/or Title Re: Contract RFQu-YY-### 951 Martin Luther King Blvd.
Kissimmee, Florida 34741
COPY TO:
Tohopekaliga Water Authority Attn: Procurement Services Re: Contract RFQu- YY-### 951 Martin Luther King Blvd.
Kissimmee, Florida 34741 Notice to CMAR CMAR Entity Name Attn:
Address Line #1 Address Line #2
COPY TO:
CMAR Entity Name Attn:
Address Line #1 Address Line #2 State and/or Federal Financial Assistance Requirements If there are any State and/or Federal Financial Assistance Requirements, insert them here. If not, enter “None Applicable.”
Project-Specific Requirements If there are any Project-Specific Requirements, insert them here. If not, enter “None Applicable.”
Contract Value Summary Table 3: Contract Value Summary
| Description |
| Amount |
| Previous Contract Total Dollars: |
| $ |
| NET Dollars for this Amendment (Addition/Subtraction): |
| $ |
| NET CONTRACT TOTAL DOLLARS: |
| $ |
Human Trafficking Affidavit CMAR hereby represents, warrants, and certifies that CMAR does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. CMAR previously has provided to TOHO the affidavit as required by Section 787.06(13), Florida Statutes, and hereby reasserts and reincorporates that affidavit as if fully set forth herein.
Counterparts, Electronic Transactions, And Electronic Signatures.
This document may be electronically executed by the Parties in counterparts up to but not exceeding the number of parties, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Each Party may deliver its executed signature page by email transmission to the other Parties at the email addresses set forth herein. Delivery shall be effective and complete upon completion of such email transmission. The Parties agree that electronic signatures may be used in the execution of this document in accordance with Parts I and II of Chapter 668, Florida Statutes.
Full Force and Effect Except as specifically modified or amended by the terms of this Preconstruction Amendment, the Contract, Contract Documents, and all provisions contained therein shall continue in full force and effect and are hereby ratified and confirmed by the Parties. Wherever the terms of this Preconstruction Amendment and the terms of the Contract Documents are in conflict, the terms of this Preconstruction Amendment shall govern and control.
[ SIGNATURES ON FOLLOWING PAGES ]
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.
INSERT VENDOR LEGAL NAME TOHO WATER AUTHORITY
| By: _________________________ | By: __________________________ |
| Print Name: __________________ | Print Name: Todd Swingle |
| Title: ________________________ | Title: Chief Executive Officer |
| Date: ________________________ | Date: _________________________ |
| Attest: ______________________ | Attest: _______________________ | |
| Print Name: __________________ | Print Name: Allison Smith | |
| Title: Executive Secretary |
STATE OF _____________________________
COUNTY OF ___________________________
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _______ day of __________________, 2024, by ____________________ as ____________________ of INSERT VENDOR NAME AND TYPE OF ENTITY FROM SUNBIZ, on behalf of the company, who [ ] is personally known to me OR [ ] has produced _______________, as identification.
Notary Signature
Printed Name: ___________________________
My Commission No.:______________________
My Commission Expires:___________________
(Stamp)
PCA-1: Basis of Preconstruction Services Scope and Fee
Enter Basis of Preconstruction Services Fee here.
V.20250612.01
PCA-2: Preconstruction Phase Schedule
Enter Preconstruction Services Schedule here.
PCA-3: U.S. Department of Labor Wage Determinations
If Applicable, paste all applicable current U.S. Department of Labor Wage Determinations here. If inapplicable, enter “NOT APPLICABLE”.
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