Dr. Phillips Center for the Performing Arts, Inc. (DPAC) issued a Request for Proposals on September 8, 2015, to select a firm to provide Construction Manager at Risk services for the Dr. Phillips Center for the Performing Arts—Stage II.

Section 5.2 of the Orlando Performing Arts Center Agreement between the City, City of Orlando Florida Community Redevelopment Agency and DPAC dated June 20, 2007, as amended (PAC Agreement), requires an open and competitive procurement process in the selection of the consultant and City Council approval of the selection and contract.  In compliance with the PAC Agreement, proposals were reviewed by the Procurement Committee (which included two City Representatives).  Based on the information presented in the proposal documents, presentations and the evaluation criteria set forth in the Request for Proposals, The Whiting-Turner Contracting Company was ranked #1.  City Council approved this ranking on 4/18/2016.

The attached agreement was successfully negotiated with The Whiting-Turner Contracting Company to provide Construction Management Services for Stage II, initially for Pre-Construction Services in an amount up to a total cap of $4,000,000 thru Guaranteed Maximum Price (GMP) submission.  Pre-Construction Services include cost estimating, constructability review, development of construction  schedule and GMP, early award shop drawings/submittals and General Conditions/General Requirements.  The Construction Manager (CM), under the direction of DPAC and DPAC’s Owner’s Representative (The Projects Group), will be responsible for pre-construction activities and ultimately construction of the Stage II project.  The CM will be the prime contractor and will contract with subcontractors and suppliers.  Stage II includes a 1,700 seat multipurpose acoustic hall.  No Stage II construction activities will occur until construction is funded and a GMP Amendment to this agreement is approved by City Council (at a later date).

The agreement has been reviewed by DPAC’s Owner’s Representative and has been recommended for approval by DPAC.  Whiting-Turner has committed to having (1) twenty four percent of its management team and (2) twenty four percent of its subcontractor procurements fulfilled by City Certified M/WBE firms.  Therefore, the M/WBE participation goal for this project is twenty four percent at the management level and twenty four percent at the subcontractor procurement level.  The Venues Blueprint Office has reviewed and approved the agreement.  The M/WBE requirements apply to the project – pre-construction, general conditions, etc.

Approval of the agreement between DPAC and The Whiting-Turner Contracting Company, substantially as attached hereto, subject to final review and approval of the City Attorney’s Office, with the condition that any services authorized under this agreement by this action will be paid using DPAC's private funding/contributions, pursuant to the PAC agreement and further that no services are authorized to be paid from public funds until City Council approval of a GMP Amendment.  Also authorize the Chief Administrative Officer (CAO) to approve amendments in an amount not-to-exceed 10% of the Pre-Construction cost.