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HomeMy Public PortalAbout1999-50 Authorizing a contract with the Division of Management Services of the State of Florida through the planning and construction of upcoming building projectsRESOLUTION NO. 99-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE A CONTRACT WITH THE DIVISION OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA TO PROVIDE PROFESSIONAL SERVICES TO THE VILLAGE OF KEY BISCAYNE THROUGH THE PLANNING AND CONSTRUCTION OF UPCOMING BUILDING PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to negotiate a contract with the Department of Management Services, State of Florida Division of Building Construction to provide professional services to the Village of Key Biscayne through the planning and construction of upcoming building projects. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 11th day of May , 1999. JOE I. RASCO CONCHITA H. ALVAREZ, CMC VILLAGE CLERK Pr' 6 911,11.b APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES BUILDING CONSTRUCTION (BC) BUILDING 4030, SUITE 315 4050 ESPLANADE WAY TALLAHASSEE, FLORIDA 32399-0950 FORM OF AGREEMENT BETWEEN CLIENT AND AGENT BC PROJECT NUMBER: PROJECT NAME AND LOCATION: CLIENT: VKB-98069000 PROPOSED VILLAGE COMMUNITY CENTER, VILLAGE FIRE STATION, POLICE STATION AND ADMINISTRATIVE OFFICE OF THE VILLAGE, VILLAGE OF KEY BISCAYNE, FLORIDA VILLAGE OF KEY BISCAYNE 85 WEST MCINTYRE STREET KEY BISCAYNE, FLORIDA 33149 PHONE: (305) 365-5500 FAX: (305) 365-8936 Jeb Bush Governor Tom McGurk Secretary villageofkeybiscayne AGREEMENT FOR SERVICES THIS AGREEMENT made this 1014, day of 4,,f in the year Nineteen Hundred and Ninety Nine; BY AND BETWEEN BUILDING CONSTRUCTION (BC), DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, hereinafter called the AGENT or BC, and VILLAGE OF KEY BISCAYNE 85 WEST MCINTYRE STREET KEY BISCAYNE, FLORIDA 33149 PHONE: (305) 365-5500 FAX: (305) 365-8936 hereinafter called the CLIENT or OWNER. WITNESSETH WHEREAS, the CLIENT wishes to retain the services of (BC), as permitted by Chapter 255.31, Florida Statutes, for providing certain project management services for the Project described on the cover page of this Agreement. NOW THEREFORE, BC and the CLIENT, for the consideration hereinafter set forth, agree as follows: Article 1. BC agrees to furnish those Project Management Services described in the attached Exhibit I, which Exhibit I by reference and attachment hereto forms a part of this Agreement. Article 2. The Project Budget is to be determined. Article 3. The proposed schedule for the three buildings is to be determined. One Construction Management Firm (CM) will be selected to manage and schedule this project. Article 4. BC is authorized and requested to enter into agreements with architect, engineers, contractors, etc., using BC forms and procedures, for the design, bidding and construction of the Project (the "Project Contracts"). However, BC recognizes that architectural services for the Community Center shall be provided by Robert G. Currie Partnership, pursuant to Exhibit II, which Exhibit II by reference and attachment hereto forms a part of this Agreement. Further, BC recognizes that architectural services for the Fire Station shall be provided by Q.B.M., Miami, Inc., pursuant to Exhibit III, which Exhibit III by reference and attachment hereto forms a part of this Agreement. The CLIENT understands and agrees that the Project Contracts will designate BC as the AGENT for the OWNER and will contain a provision substantially as follows: The entity that will occupy, use and own the Project upon substantial completion is the Village of Key Biscayne, Florida. The funds with which the compensation of the architects, engineers, contractors, etc., will be paid are under the control of the Village of Key Biscayne, Florida. Payments under this contract, as prescribed hereinabove, will be made by the Village of Key Biscayne, Florida, based on approval of each payment by BC, Department of Management Services, State of Florida. BC shall provide for CLIENT to participate in the contractor selection and contractor fee negotiation process, in a manner approved by the Village Manager of OWNER. CLIENT agrees that, upon review and approval by the Village Council, the Project Contracts shall be deemed to be the agreements of the CLIENT in view of the fact that the funds are under the control of the CLIENT and BC will not have responsibility to make payments on the Project Contracts. Each of the Project Contracts shall contain provisions requiring insurance and indemnification by the architects -engineers and contractors, which protects OWNER and BC, in a form approved by OWNER and BC. 1 Article 5. CLIENT agrees to designate a representative for the project to be solely responsible for all CLIENT actions under this agreement, and who will receive, review and respond in a timely manner to all questions and requests from BC. CLIENT agrees to pay, within thirty (30) calendar days, all invoices approved by BC and transmitted to the CLIENT for payment. Article 6. BC agrees not to commit funds in excess of the budget, when it is determined, without mutual agreement and an Amendment to this Agreement authorizing such increase. The Project Contracts for architect - engineering services shall contain a provision which provides substantially as follows: The inability of the OWNER to approve the award of an acceptable construction contract because the BC is unable to successfully negotiate with the most qualified contractor for a guaranteed maximum price which is not greater than the available budgeted funds shall be cause for the architect-engineerto be required, at no additional charge to OWNER, to revise the project design at architect -engineers own cost and expense in accordance with the requirements of this Agreement until a contract can be awarded within the Project amount budgeted. Article 7. BC's administrative fees for the various Project management services are based on services as shown in Exhibit I and shall be as follows: A TOTAL FEE OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) If the Construction Schedule for the three (3) buildings equals or exceeds 25 months then the monthly fee will be $6,000.00 per month, conversely if the Project can be completed earlier than the scheduled 25 months, the total fee will be reduced by $6,000.00 per month. Partial months shall be prorated. Article 8. BC's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the total amount due and the CLIENT will issue a Purchase Order to BC. The Purchase Order will identify a Fiscal Contact Representative to be responsible for all payments under this Agreement. Payments to BC are to be made in 25 consecutive monthly payments against the invoice/PurchaseOrder based on a 25 month final completion date from the notice to proceed with BC's services. $150.000.00 = 25 Months = S6.000.00 25 Equal Monthly Payments of $6,000.00 each. Article 9. Additional Services may be performed for a separate fee to be negotiated and authorized later. Such services may include, but are not limited to the following: Attendance at Special Council meetings or workshops; Full or Part time Project inspector during construction. The Hourly Rate is $55.00 for the Project inspector Article 10. This Agreement may be terminated by either party upon thirty (30) days' advance written notice, to the other, with or without cause. In case of termination, BC, the Project contractor and architect -engineers shall be paid for services performed up to the date of termination. OWNER reserves the right to assume or continue a direct contractual relationship with contractor, architect -engineers, in the event this Agreement is terminated. Article 11. No services shall be undertaken or performed by BC or the Project contractor for any construction phase of the Project unless CLIENT advises BC in writing that sufficient funds are lawfully available and budgeted in CLIENT's annual budgets for such purpose. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CLIENT:: VILLAGE OF KEY BISCAYNE, FLORIDA Attest: Village Clerk By Village Manager Reviewed and Approved for Legal Form And sufficiency By: V-1( k" Village Attorney AGENT: BUILDING CONSTRUCTION DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA As Witnessed: Approved: By W! Z */.4 1.__ By H.R. Hough, Contracts Administrator Approved As To Form And Legality: By: Office of Gene fal,Counsel, Department of Management Services, State of Florida 3 EXHIBIT I SCOPE OF SERVICES Building Construction, Department of Management Services, State of Florida, hereinafter referred to as "BC", proposes to provide the following project management services for the projects identified on the face of this Agreement: 1. A/E Contract Preparation/Execution BC WILL; Prepare Contract On BC's Form For A/E & BC Execution Process Contract Documents To A/E For Execution Receive Executed Documents Back From A/E & Thoroughly Check For Proper Execution Execute Documents On Behalf Of CLIENT Give A/E Notice -To -Proceed With Basic Services 2. A/E's Conceptual Schematics Services BC WILL; Provide Direction/Consultation To The A/E As Required Regarding Scope, Additional Services, Procedures , etc. Provide Information To The A/E Regarding Permitting Agencies and Codes to Use Provide Budgetary Direction To The A/E Participate In Value Engineering Analysis To Provide The Best Project Within Budget Review Plans For Architectural, And Civil And Provide Comments To The A/E Monitor The Schedule For Submittals And Establish Dates For Reviews Reviews A/E Requests For Additional Services For Scope, Completeness, Fairness Issue A/E Additional Services Authorizations Agreed Upon Receive, Review and Approve A/E Invoices For Services Rendered Versus Contract Conditions Process A/E Invoices To Proper Accounting Office For Vouchering Review And Analyze Cost Estimates Assure Meetings Are Documented And Minutes Distributed To All Parties Assure All Decisions Required For That Particular Design Phase Are Made Issue Approval To A/E To Proceed Into Next Phase THE FOLLOWING WILL BE PROVIDED BY THE ALE UNDER CONTRACT TO BC Design Team Meeting & Minutes Plan For Master Plan Compliance Site Plan Studies And Reports Relative To Site Description Of Zoning & Its Restrictions Floor Plans, Elevations, Building Sections & Sketches Existing Facilities Arrangements & Relationships Details As Required Program Area & Budget Review Cost Analysis Project Schedule Update Local Requirement Review Additional Service Recommendations Schematic Phase Checklist Distribute Documents Review Meeting With Owner & Others 4 3. A/E's Design Development Phase Services BC WILL; Provide Direction/Consultation To The A/E As Required Regarding Scope, Additional Services, Procedures , etc. Provide Information To The A/E Regarding Permitting Agencies and Codes to Use Provide Budgetary Direction To The A/E Participate In Value Engineering Analysis To Provide The Best Project Within Budget Review Plans For Architectural, Mechanical, Electrical And Civil And Provide Comments To The A/E Reviews A/E Responses And/Or Revisions Due To DBC (And Other Reviewing Agencies) Comments Monitor The Schedule For Submittals And Establish Dates For Reviews Reviews A/E Requests For Additional Services For Scope, Completeness, Fairness Issue A/E Additional Services Authorizations Agreed Upon Receive, Review And Approve A/E Invoices For Services Rendered Versus Contract Conditions Process A/E Invoices To Proper Accounting Office For Vouchering Review And Analyze Cost Estimates Review Specifications Assure Meetings Are Documented And Minutes Distributed To All Parties Assure All Decisions Required For That Particular Design Phase Are Made Issue Approval To A/E To Proceed Into Next Phase THE FOLLOWING WILL BE PROVIDED BY THE A/E UNDER CONTRACT TO BC Conferences With Client & Others Site - Informational Data Master Plan Environmental Considerations Grading & Site Development Site Construction Roads, Walks, Paths & Parking Utility Services Fencing Landscaping Lateral & Transverse Site Sections Special Site Considerations Buildings - Architectural: Floor Plans Area Recap Elevations Building Sections Typical Wall Sections Finish & Equipment Schedules Color Pallet & Schedule Code Classifications Complex Area Plans List Of Safety Equipment Design Concept Sketch Materials List Other Information Buildings - Structural: Describe Foundation Conditions Describe Structure Selected Preliminary Framing Plan Describe Roof Structure Structural Building Sections 5 Identify Building Loads Design Calculations & Criteria Special Conditions Buildings - HVAC: Single Line Layout With Equipment Sections Showing Equipment Fleet Forms Describe Auto Management System Describe Criteria For Heating System Describe Ventilation System Describe AC Criteria & System Describe Evaporative Cooling System Buildings - Refrigeration: Areas To Be Refrigerated Outside Design Temperatures Type Refrigeration Equipment Type/Thickness Insulation Buildings - Electrical: Describe Electrical Service Entrance Describe Electrical Characteristics Identify Panel Locations Describe Wiring Systems Describe Conductors Locate Lights, Outlets & Switches Describe Standards Of Design Describe Short -Circuit Duty Describe Emergency Electrical Systems Coordinate Building & Site Electrical Other Buildings - Communication: Describe Systems Describe Materials Describe Locations Describe Radio Paths Describe Antenna Requirements Describe Antenna Transmission Describe Bonding & Grounding Describe Cable/Radio Links Describe Test Equipment Describe Equipment Arrangement Describe Wiring/Cable Requirements Describe Lighting/Power Requirements Describe AC Requirements Describe Interference/Clearance Buildings - Plumbing: Preliminary Layout Of Lines Preliminary Plan Locations Preliminary Section With Risers Identify Number Of Fixtures Identify Water Pressure Identify Hot Water System Other Buildings - Fire Protection: Identify Hydrant Identify Riser/Hose Cabinets Identify Sprinkler Criteria 6 Insurance Design Criteria Sprinkler Head Layout Buildings - Special Equipment: Kitchen Equipment Auditorium Seating Stage Curtain And Equipment Gym Layout And Equipment Window Coverings Hospital Equipment Lawn Sprinkler Equipment Vacuum Cleaning Systems Material Handling Equipment Telephone Systems Other Systems Checklist Bid Packages/Sequences:Base Bid & Alternates Probable Construction cost Area Analysis Telephone Site Plan Distribution Of Review Packages BC Review A/E's Response To Review Comments 4. A/E's Construction Documents Phase Services BC WILL; Provide Direction/Consultation To The A/E As Required Regarding Scope, Additional Services, Procedures , etc. Provide Information To The A/E Regarding Permitting Agencies and Codes to Use Provide Budgetary Direction To The A/E Participate In Value Engineering Analysis To Provide The Best Project Within Budget Review Plans For Architectural, Mechanical, Electrical And Civil And Provide Comments To The A/E Reviews A/E Responses And/Or Revisions Due To BC (And Other Reviewing Agencies) Comments Monitor The Schedule For Submittals And Establish Dates For Reviews Reviews A/E Requests For Additional Services For Scope, Completeness, Fairness Issue A/E Additional Services Authorizations Agreed Upon Receive, Review And Approve A/E Invoices For Services Rendered Versus Contract Conditions Process A/E Invoices To Proper Accounting Office For Vouchering Review And Analyze Cost Estimates Review Specifications Assure Meetings Are Documented And Minutes Distributed To All Parties Assure All Decisions Required For That Particular Design Phase Are Made Issue Approval To A/E To Proceed Into Next Phase THE FOLLOWING WILL BE PROVIDED BY THE A/E UNDER CONTRACT TO BC Conferences With CLIENT 50% Documents Review Non -Technical Specifications Fleet/Solar Energy Codes Certification Check List Cost Estimates Area Analysis Color Schedules Handicapped Check List Drawings 7 Technical Specifications Bid Packages Alternates Mechanical Test And Balance 100% Documents Review 100% Review Response 5. A/E's Bidding Phase Services (If Applicable) BC WILL; Prepare Sample Advertisement For A/E To Use In Newspapers Issue State MBE Directory To The A/E To Be Made Available To Contractors (As Required To Meet Project Goals) Monitor Addenda For Scope And Clarity Participate In Bid Openings Review Contracts Financial Qualifications And Experience Make Recommendations For Bid Award THE FOLLOWING WILL BE PROVIDED BY THE A/E UNDER CONTRACT TO BC Prepare Camera Ready Copy Of Documents For Each Bid Package Prepare & Issue Addenda Attend Bid Openings Award Recommendations 6. A/E's Construction Phase Services BC WILL; Prepare And Issue The Notice To Proceed Participate With The A/E And Contractor In The Initial Construction Conference Review The Contractor's Schedule For The Project Participate In All Monthly (Or Bi-Weekly) Team Meetings Assure All Team Meetings Are Documented And Minutes Sent To All Parties Review Contractors List Of Subcontractors Review Monthly RFI, ASI, Submittal, Shop Drawings And Other Logs For Timeliness Review Contractor's Progress Against The Schedule On A Monthly (Or Bi-Weekly) Basis Analyze Change Order Proposals For Scope, Need, Completeness, Fairness Recommend Change Orders As Required Review Contractor's Pay Requests Process Pay Requests To The Appropriate Accounting Office For Vouchering Participate In Monthly Inspections With The A/E Participate In Substantial Completion Inspections Participate In Final Completion Inspections Review And Sign Affidavits Of Completion THE FOLLOWING WILL BE PROVIDED BY THE A/E UNDER CONTRACT TO BC Initial Construction Conferences Project Sign Design Monthly Construction Conferences Review Contractor's Progress Schedule Review Contractor's List Of Subcontractors Review Contractor's Shop Drawings Transmit Payroll Records Required By Federal Grants Review As -Built Drawings Clarification Documents Monthly Status Report Site Visits And Reports Monthly Contractor Payment Reviews Review Testing Invoices Change Orders Claim Reviews And Correspondence Substantial Completion Inspection Final Completion Punchlist Final Inspection Review Contractor's Affidavits Of Completion Review Contractor's Guarantees And Operating Manuals Review Contractor's As -Built Drawings 7. Contractor Selection BC WILL; Establish Contractor Selection Team Consisting Of BC, A/E & CLIENT Personnel Advertise For Qualified Contractors Prepare Project Scope Information For Contractors Answer Contractor's Questions Verify Contractor Prequalification Criteria County & State Licensure/Certification/Corporation Analyze Previous Experience On Similar Projects Analyze Management Staff & Experience Analyze Site Management Capability Analyze Present Workload Schedule/Arrange Contractor Selection Meetings Conduct Preliminary Selections, Reducing Applicants To 5 Contractors Publish Shortlist Results Of Contractor Selections Debrief Unsuccessful Contractors Brief Successful Contractors Conduct Interviews With Remaining 5 Contractors Finalize Selection, Reducing To 3 Contractors In Order Of Preference Debrief Ranked Contractors 8. Contractor Fee Negotiations BC WILL; Establish Contractor Negotiation Team Consisting Of BC, A/E & CLIENT Personnel Prepare & Publish Detailed Scope For Contractors Notify Number 1 Contractor Of Negotiation & Proposal Requirements Answer Number 1 Contractor's Questions Receive & Analyze Proposal From Number 1 Contractor Conduct Pre -Negotiation Conference With Negotiation Team Conduct Negotiations of Contractor's Fee With Number 1 Contractor Establish On -Site Design Personnel Requirements Establish Off -Site Design Personnel Requirements Establish On -Site Construction Personnel Requirements Establish Off -Site Construction Personnel Requirements Establish General Conditions Requirements Establish Design & Construction Phase Fee Establish Overhead & Profit Fee Establish Preliminary Schedule Requirements Establish Construction Team, Consisting Of BC, CLIENT, A/E & Contractor Personnel Coordinate With CLIENT Distribute Results Of Negotiation Obtain CLIENT Approval 9. Contractor Contract Preparation/Execution BC WILL; Prepare Contract On BC's Form For Contractor & BC Execution Prepare Performance Bond On BC's Form In Budget Amount Prepare Labor & Material Payment Bond On BC's Form In Budget Amount Prepare Certificate Of Insurance On BC's Form Prepare Assignment Of Contractor's Antitrust Rights To CLIENT On BC's Form Process Contract Documents To Contractor For Execution Receive Executed Documents Back From Contractor & Thoroughly Check For Proper Execution Execute Documents On Behalf Of CLIENT Give Contractor Notice -To -Proceed With Design Phase Services 10. Contractor's Design Phase Services BC WILL; Participate With The A/E And Contractor/CM In Plan Reviews At Each Submittal Phase Participate With The A/E And Contractor/CM In Value Engineering Alternative Design/Construction Approaches Review All Contractor/CM Estimates Review Contractor/CM GMP With The Team And Recommend For Contracting Explore Tax Savings And Implement Procedures As Necessary THE FOLLOWING WILL BE PROVIDED BY THE CONTRACTOR/CM UNDER CONTRACT TO BC (WITHOUT ASSUMING DESIGN RESPONSIBILITIES) Distribute Document Package Schedule Familiarization Meeting Conduct Familiarization Meeting Manage Requests For Information Pricing & Value Engineering (VE) Review & VE Site Civil Review & VE Mechanical -Electrical Systems Review & VE Structural Systems Review & VE Roof & Exterior Review & VE ADA Compliance Review & VE Detail Coordination Evaluate Construction Phasing Evaluate Constructability Propose Guaranteed Maximum Price (GMP) Negotiate Final GMP & Conditions Document Final GMP & Conditions Review Final GMP & Conditions With CLIENT Team Obtain CLIENT Team Approval Of Final GMP & Conditions Amend Contractor's Contract To Reflect Final GMP/Conditions Prepare GMP Amendment To Construction Contract Process GMP Amendment To Contractor For Execution Receive Executed Amendment Back From Contractor & Thoroughly Check For Proper Execution Execute GMP Amendment On Behalf Of CLIENT Process Executed GMP Amendment To Contractor 10 11. Contractor's Construction Phase Services BC WILL; Prepare And Issue The Notice -To -Proceed Participate With The A/E And Contractor In The Initial Construction Conference Review The Contractor's Schedule For The Project Participate In All Monthly (Or Bi-Weekly) Team Meetings Assure All Team Meetings Are Documented And Minutes Sent To All Parties Review Contractor's List Of Subcontractors Review Monthly RFI, ASI, Submittal, Shop Drawings And Other Logs For Timeliness Review Contractor's Progress Against The Schedule On A Monthly (Or Bi-Weekly) Basis Analyze Change Order Proposals For Scope, Need, Completeness, Fairness Recommend Change Orders As Required Review Contractor's Pay Requests Process Pay Requests To The Appropriate Accounting Office For Vouchering Participate In Monthly Inspections With The ALE Participate In Substantial Completion Inspections Participate In Final Completion Inspections Review And Sign Affidavits Of Completion THE FOLLOWING WILL BE PROVIDED BY THE CONTRACTOR/CM UNDER CONTRACT TO BC (WITHOUT ASSUMING DESIGN RESPONSIBILITIES) Coordinate Contractor's Project Promotion & Advertisement Contact Qualified Sub -Contractors Promote Through Associations & Exchanges Promote MBE participation To Make Good Faith Effort Toward Meeting District Board Of Trustees Requirements Use BC & CLIENT Databases Of Interested Contractors BC & CLIENT To Participate In Pre -Bid Meetings & Bid Openings Coordinate Contractor's Review Of 100% Construction Documents Give Contractor Notice -To -Proceed With Construction Coordinate Contractor's Project Information Management Key Personnel Contacts Budget & Financial Data Project Construction Scheduling Construction Progress Conference Scheduling Interface With Construction Management Systems Initial Team Construction Conference Maintain Constructive Agenda Document Potential Areas Of Concern Develop Subcontractor Coordination Plan Review Construction Critical Path Confirm Communications Network Weekly Team Meetings Monthly Team Meetings Prepare For Meetings Attend Meetings Prepare Monthly Report Review Submittal Schedule Identify Long -Lead Submittals Coordinate Review Periods With Construction Schedule Review Budget Status Review Value Analysis Reports Perform Quality Control Observations 11