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HomeMy Public PortalAbout2003-12 Agreement with Skyline Management Group, IncRESOLUTION NO. 2003-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC. ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR VILLAGE TO OBTAIN THE SERVICES OF SKYLINE AS THE OWNER'S REPRESENTATIVE FOR VILLAGE'S COMMUNITY CENTER PROJECT; AUTHORIZING IMPLEMENTATION OF CONTRACT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village solicited proposals for professional services as Owner's Representative for the Village's Community Center Project (the "Project"); and WHEREAS, eight separate proposals were received from persons or firms interested in serving as the Owner's Representative for the Project; and WHEREAS, on March 6, 2003, the Village's screening committee, composed of three highly qualified residents of the Village, convened at a public meeting and carefully considered each of the proposals submitted and the presentation of each proposer; and WHEREAS, the screening committee found that the top three firms most qualified to provide the requested professional services are: 1) Skyline Management Group, Inc.; 2) 3D International; and 3) Nova Consulting, Inc., and further determined that it is the recommendation of the screening committee that the Village Council retain the services of the highest ranked firm, to wit: Skyline Management Group, Inc., as the Owner's Representative, at a fee not to exceed a total compensation of $200,000 for the anticipated fourteen month duration of the services of the Owner's Representative; and WHEREAS, the Village Council having received the recommendation of the screening committee and the advise of the Village's professional staff, hereby finds and determines that retaining the professional services of Skyline, as Owner's Representative for the Project, is in the best interest of the Village; and WHEREAS, Skyline shall be compensated from Village funds which are allocated to the Project budget. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Professional Service Contract Authorized. That the Professional Services Agreement (the "Agreement") between the Village and Skyline Management Group, Inc., ("Skyline") for Owner's Representative services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the Agreement, in substantially the form attached hereto, once approved as to form and legal sufficiency by the Village Attorney. Section 3. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement this Resolution and the Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. 2 PASSED AND ADOPTED this 8th day of April , 2003. 4O Ci MAYOR ROBERT OLDAKOWSKI ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENCY: AGE A ` ORNE F:\100\103001 \Resolutions\Skyline Management.doc 3 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this .11. day of April, 2003, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and SKYLINE MANAGEMENT GROUP, INC., a Florida corporation (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as Owner's Representative for the VILLAGE's Community Center Project (the "Project"), specifically described in the Scope of Services provided in Exhibit "A" to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager. The Specified Services shall also include: i. maintaining the Village's web site to provide information to Village residents concerning the Project; ii. utilizing best efforts towards achieving $200,000.00 in Project savings for the Village by accomplishing value engineering changes. Village shall give reasonable consideration to such value engineering changes. iii. meeting with any concerned residents of the Village concerning construction activities at the Project site, and attending and participating at all meetings and workshops held by the Village concerning the Project, each as may be requested by the Village Manager. B. The Village Manager may delete any items from the Specified Services which she finds are not necessary. C. At least Fifty percent (50%) of the time expended by CONSULTANT on the performance of the Specified Services shall be expended directly by the work of Paul Abbott on behalf of CONSULTANT. D. CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks of the Owner's Representative so that the Project is successfully completed. 2. FEES FOR SERVICES, OFFICE SPACE A. As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by VILLAGE in accordance with the following fee schedule: The total amount of all fees payable to CONSULTANT by VILLAGE for the performance of the Specified Services shall not exceed the sum of Two Hundred Thousand ($200,000.00) Dollars. Fees shall be paid in arrears pursuant to monthly invoice based upon the percentage of completion of the tasks of the Specified Services performed by CONSULTANT for the applicable month, subject to supporting documentation required by the Village Manager. The hourly rates set forth in the formal proposal of CONSULTANT dated March 3, 2003, may be referenced for this purpose, subject to the mandatory total fee limit of $200,000.00 specified herein. B. Additionally, CONSULTANT s hall b e r eimbursed b y VILLAGE for reasonable and necessary costs, including: travel (outside of Dade, Broward and Palm Beach Counties), photocopying, plan reproduction requested by VILLAGE, long distance telephone, federal express, and postage, as approved by the Village Manager. C. VILLAGE shall reimburse CONSULTANT for fifty percent (50%) of the premium paid by CONSULTANT for CONSULTANT'S professional liability insurance coverage required by VP 44643 paragraph 5 hereof, in an amount not to exceed Five Thousand ($5,000.00) Dollars. L D. The VILLAGE shall provide, at no cost to the CONSULTANT, office space and supplies, office furniture, telephone, office equipment excluding computers and accessories. All of the foregoing shall be used exclusively for the provision of services required by this Agreement. 3. TERM The duration 'of the term of this Agreement shall commence upon execution hereof and is for a term of fourteen (14) months, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 or by early completion of the construction of the Project. 4. RECORDS All original sketches, tracings, drawings, computations, details, reports, design calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE A. The CONSULTANT shall at all times carry professional liability insurance, workers' compensation insurance (if applicable), comprehensive general liability insurance, and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least Five Hundred Thousand ($500,000.00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if applicable) shall be as provided by Chapter 440, Fla. Stat. The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of coverage. B. CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon forty-five (45) days written notice with or without cause and by the CONSULTANT upon ninety (90) days written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of termination. B. In the event that a referendum or initiative measure is adopted at an election by the majority of the electors of the VILLAGE voting on such measure, which repeals the VILLAGE's October 22, 2002, Community Center Capital Project Authorizing Ordinance (Ordinance No. 2002- 4 10) or otherwise operates to prohibit the construction of the Community Center in accordance with the previously approved site plan; the Village Council shall have the authority, within thirty (30) days after any such event, to terminate the Agreement by providing no less than five (5) days written notice of termination to the CONSULTANT. In the event of such termination the VILLAGE shall not be liable to CONSULTANT for payment of any compensation, penalties, damages, loss of profits or other fee, as a result of such termination, and the CONSULTANT shall only be paid by VILLAGE in accordance with the Agreement, for the portion of the work of the Specified Services for the Community Center which has been performed by CONSULTANT up to the time of notice of termination of the Agreement. Further, VILLAGE may suspend CONSULTANT's performance of Specified Services during the pendency of any such referendum or initiative proceeding if construction of the Project is suspended. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. The Village Manager shall act for VILLAGE hereunder except for any amendment of the total fee limitation provided by paragraph 2. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this 5 Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 12. NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: Jacqueline R. Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: CONSULTANT: Village Attorney c/o Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Skyline Management Group, Inc. 4040 N.E. 2nd Avenue, Suite 305 Miami, Florida 33137 Attention: Paul T. Abbott 13. GOVERNING LAW; LITIGATION A. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties voluntarily waive the right to any trial by jury in any litigation hereunder. B. In the event that as a result of CONSULTANT'S status as Owner's Representative for the VILLAGE, CONSULTANT is named as a party defendant in any action filed by any third party in which the Project or this Agreement is attempted to be invalidated or enjoined the VILLAGE shall defend and save harmless CONSULTANT in any such litigation. 6 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: SKYLINE MANAGEMENT GROUP, INC. 4040 N.E. 2nd Avenue, Suite 305 Miami, Florid 33137 By: u1 T. Abbott Title:•. ZrC„„ 6 4;10.4 C.1 Dwk•.... VILLAGE: VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 B Ja !reline R. M - e - dez Village Manager A‘ele, Ic/fdle Village Clerk Approved as to Legal orm and Sufficiency: Village Attorney F:\100\103001\Agreements\Professional Services With Skyline Management Group.doc Village Council Robert Oldakowski, Mayor forge E. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Castro Mortimer Fried James L. Peters Robert L. Vernon Director Jud ICurlancheek,AICP VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning EXHIBIT "A" SPECIFIED SERVICES A. Post Design Phase / Pre -construction Services: 1. Verify that the value engineering services provided by the Manager At Risk and the Architect during the design Construction phases are proper and acceptable, gn and construction 2. Establish document controls and filing systems. 3. Establish project financial accounting systems in consultation Village's Finance Director. with the 4. Review project schedules and clearly identify the critical paths. 5. Provide regular, periodic status reports ports to the Village detailing recent and current significant actions. 6. Assist in arranging and participating in any public workshops meetings related to the project. and/or 7. Review A/E's requests for periodic progress payments, correct any ambiguities thereon, stamp approved, and send to City with certificati or that the pay request has been reviewed, that the payment os requested is appropriate and correct for the work which has been completed, and recommend that the City make payment n #tsfactonly 8. Verify that the Construction Man to the NEconstructability review of plans prior to final At Risk has performed the 9. Review and evaluate construction contract packages and recommend• during construction. documents as a management tool B. Guaranteed Maximum Price (GMP) Phase: 1. Continue acting as the Village's representative throughout the phase of the project. g bidding 2. Continue validation of program requirements and budgets. 3. Continue project management plan. 4. Continue cash flow analysis. 5. Maintain document controls and filing systems. 6. Maintain project financial accounting systems. 7. Maintain project schedules. 8. Attend pre bid and negotiating meetings with the Construction Man ager. C. Permitting: 1. Provide the Village's Building, Zoning, and Planning Department ' of all agencies and permits that must be obtained during the with course ofth a list construction. 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5512 • Fax (305) 365-5556 MISSION STATEMENT: 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.' 2. Provide the Village's Building, Zoning, and Planning Department with verification each time a permit is obtained and certification that all required permits and approvals have been obtained prior to the issuance of a Certificate of Occupancy. 3. Provide the Village's Building, Zoning, and Planning Department with verification that all required inspections and approvals have been obtained prior to the issuance of a Certificate of Occupancy. D. Construction Services Phase: 1. Continue acting as the Village's representative throughout the construction phase of the project. 2. Continue validation of program requirements and budgets. 3. Continue project management plan. 4. Continue cash flow analysis. 5. Maintain document controls and filing systems. 6. Maintain project financial accounting systems. 7. Maintain project schedules. 8. Schedule and conduct monthly or more frequent meetings with Village staff, Project Architect, and the Construction Manager. 9. Issue notice to proceed to the Construction Manager. 10. Enforce, administer, and perform for the Village all terms of the construction contract between the Village and contractor or construction manager at -risk as applicable, subject to the Village Manager's approval. 11. Assist in the answering Request for Information (BFI's) in a timely manner. 12. Direct the removal and replacement of defective work which does not meet specifications, or is otherwise incorrectly constructed. 13. Review and analyze contract change order requests and proposals to determine validity thereof, and recommend appropriate action to the Village. 14. Review claims and disputes and recommend necessary actions. 15. Review and recommend for approval contract change orders and forward necessary documentation and paperwork to the Village as to the necessity for such changes, including substantiation of the extra costs thereof. 16. Review construction inspection reports relating to the contractor's or construction manager's at -risk performance and communicate with each, if necessary, regarding non-conformance to plan, specifications, workmanship, etc. 17. Review Construction Manager's requests for monthly progress payments and, if appropriate, certify pay applications are proper and transmit to Village with recommendation that the pay requests be paid 18. Adjust requests for monthly progress payments, as necessary, to align amount of pay requested with actual progress of construction satisfactorily performed. 19. Prepare and maintain monthly progress reports applicable to all phases of the construction operations, and such special reports as may be required to keep the Village fully advised with respect to the progress of construction of the project 20. Monitor the Construction Manager's preparation of in -progress as -built drawings during the course of construction to ensure that final as -built drawings on mylar will be easily produced. 21. Establish the Village's procedures -with regarding the sales tax recovery. 22. Collect and provide the final as -built drawings on mylar and CADD discs for the project to the Building, Zoning, and Planning Department, review for conformance with the contradt documents and specifications, and recommend approval/disapproval to the Village. 23. If final as-builts on lnnylar are recommended for disapproval, monitor Construction Manager's preparation of revised final as -built drawings which will be approved. 24. Recommend in writing that the Village accomplishments of substantial and final completion and make final, payment on the project when appropriate 25. Ensure that all operations and maintenance manuals for all aspects of the building are collected, and that all Village representatives required to operate the facilities are given instructions on how to do so 26. Collect all documents and deliverables, including release of liens and consents of surety, from the Construction Manager prior to recommending that final payments be made 27. Continue assisting in arranging and participating in any public meetings or workshops related to the project 28. Provide any other services during the construction phase as may be necessary to implement the project itself and as a component of the Civic Center project. 29. Collect and assemble all warranty documents and provide them through written notification to the Village's Public Works Director. E. Value Engineering: The consultant shall provide value engineering services throughout the entire project. F. Additional Services: The Construction Program Manager shall also provide the following additional services 1. Verify that actual materials delivered and installed are in compliance with the bid documents and/or shop drawings. 2. Verify that all applicable testing has been professionally performed and all substantial work has been completed. 4, Verify accuracy of alt requests for sales tax recovery invoices. 5. Verify acceptance of substantial completion and final completion contract work. 6. Verify applicable punch lists. A HUN K 1 K StKU 1 1.t5 JUJ March 24, 2003 Mr. Jud Kurlancheek The Village of Key Biscayne 87 West McIntire Key Biscayne, FL 33149 Re: Professional Liability Insurance Dear Mr. Kurlancheek: AON Aon Risk Services I wanted to confirm that Professional Liability Insurance in the amount of $500,000 per occurrence has been obtained by Skyline Management, Inc. A Certificate of Insurance will be issued for your review upon execution of your contract with them. Please contact me if you would like any additional information. Sincerely, Wirth T. Munroe Vice President Cc: Paul Abbott Mm Risk Services, Inc. of Florida 1001 Brkketi BPy Drive, Suit. 1 100 • Mum,, Florida 33131 eel! 305.372.9910 • fax: 305.372 8599 • Toll Pree• 1.800.743-3486 •www.ann.eom TOTAL P.02