HomeMy Public PortalAbout12-8418 Extend the Lawrence Wright & Partners LLC Sponsored by: City Manager
Resolution No. 12-8418
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO EXTEND THE LAWRENCE WRIGHT &
PARTNERS, LLC., CONTRACT FOR EIGHT MONTHS,
RETROACTIVE FROM DECEMBER 2011 AND ENDING JULY
2012, AS PROJECT MANAGEMENT FOR COMPLETION OF
THE SHERBONDY PARK VILLAGE INITIATIVE, PAYABLE
FROM ACCOUNT NUMBER 44-541802; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to Resolution 10-8040, the City of Opa-locka issued an RFQ for qualified
construction management services, and pursuant to Resolution 10-8143, approved an agreement with
Lawrence Wright and Partners, LLC; and
WHEREAS, several construction items have not been completed on the Sherbondy Park Village
Project; and
WHEREAS, an extended eight (8) month contract with Lawrence Wright and Partners, LLC,
will cost the city a monthly rate of$8,125.00 a month, for services to include 1)organizing and finalizing
close out of property with contractor, 2) review and final close out of Change Order, 3) installation of
wireless communication infrastructure,4) Attendance at public meeting if required, 5) Coordination of all
furniture,fixtures and equipment purchase,and 6)training of staff on building maintenance; and
WHEREAS, the City of Commission of the City of Opa-locka desires the City Manager to
extend the contract with Lawrence Wright & Partners, LLC., for eight (8) months for the project
management services, to assist the City in the completion and close out of the project.
NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Sponsored by: City Manager
Resolution No. 12-8418
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO EXTEND THE LAWRENCE WRIGHT &
PARTNERS, LLC., CONTRACT FOR EIGHT MONTHS,
RETROACTIVE FROM DECEMBER 2011 AND ENDING JULY
2012, AS PROJECT MANAGEMENT FOR COMPLETION OF
THE SHERBONDY PARK VILLAGE INITIATIVE, PAYABLE
FROM ACCOUNT NUMBER 44-541802; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to Resolution 10-8040, the City of Opa-locka issued an RFQ for qualified
construction management services, and pursuant to Resolution 10-8143, approved an agreement with
Lawrence Wright and Partners, LLC; and
WHEREAS, several construction items have not been completed on the Sherbondy Park Village
Project; and
WHEREAS, an extended eight (8) month contract with Lawrence Wright and Partners, LLC,
will cost the city a monthly rate of$8,125.00 a month, for services to include 1)organizing and finalizing
close out of property with contractor, 2) review and final close out of Change Order, 3) installation of
wireless communication infrastructure,4) Attendance at public meeting if required, 5) Coordination of all
furniture,fixtures and equipment purchase,and 6)training of staff on building maintenance; and
WHEREAS, the City of Commission of the City of Opa-locka desires the City Manager to
extend the contract with Lawrence Wright & Partners, LLC., for eight (8) months for the project
management services, to assist the City in the completion and close out of the project.
NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting June 13, 2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 44-541802 (Enter X in box) X
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational El
Bus.&Economic Dev 0 1)Work towards close out of
Public Safety 0 Sherbondy Village Project
Quality of Education El
Qual.of Life&City Image •
Communcation El
Sponsor Name: City Manager Department: Office of the City Manager
Short Title:
APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXTEND LAWRENCE WRIGHT, LLP'S
CONTRACT FOR EIGHT(8) MONTHS FOR A PERIOD RETROACTIVE TO DECEMBER 2011 AND ENDING JULY 2012.
Staff Summary:
The contract for Lawrence Wright and Partners, LLC will be for eight (8) months for retroactive at a monthly rate
of$8,125.00. As per the project description section the Lawrence Wright and Partners, LLC group will perform all
the essential services necessary to close out this project the scope of services will incorporate the information in
the description section. However, what LWP, LLC Group brings to the table is its institutional history of this
project. This knowledge base will allow us to close out this project in a responsible and cost effective manner and
avoid a $213,000 change order.
Lawrence Wright, LLC 1
Agreement Extension
Proposed Action:
Extending Lawrence Wright, LLC staff recommends existing contract for a period of eight(8) months in accordance
with the previously mentioned scope of services.
Attachment(s):
1) Resolution#10-8040
2) Resolution#10-8143
3) LWP, LLC Agreement 2010
Lawrence Wright, LLC 2
Agreement Extension
04
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Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner G ,4, 1 ler
FROM: Bryan K. Finnie,``C 1 anager
DATE: June 13, 201/
RE: Lawrence Wright and Partners, LLC Agreement Extension,Project Management
-Sherbondy Park Village
Request: APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY
MANAGER TO EXTEND LAWRENCE WRIGHT, LLP'S CONTRACT
FOR EIGHT (8) MONTHS FOR A PERIOD RETROACTIVE TO
DECEMBER 2011 AND ENDING JULY 2012. THIS PROJECT
MANAGEMENT CONTRACT IS IN CONNECTION WITH THE
SHERBONDY PARK VILLAGE INITIATIVE.
Description: The Sherbondy Park Village Project is nearly complete based on the current
numbers the total project cost is estimated to be $ 4,000,000. Never the less,
there are several construction items which remain to be completed. Staff is
requesting the us of Lawrence Wright LLP to facilitate familiarization of the
building, DERM permit (final plans submitted two weeks ago); challenging a
$213,000 change order (time delay); utilizing his services to sign off on the final
payment; assist in developing a site plan for the facility and supporting our Silver
Certification efforts. In addition the following items will be addressed:
1. Low Voltage Wiring: Installing the wireless infrastructure throughout
the entire building. The cost of this infrastructure is $46,000. LPW
negotiated down to this number from $142,000. This all comes under
low voltage wiring category.
2. Installation of Kitchen: Coordinated the purchase and potential
installation of a commercial kitchen. Market price at $120,000. LWP
recommended a purchase price estimated of $40,000. Will assist in
coordinating relocation,installation of electrical upgrades and plumbing.
3. Pool Cover: Measure and ordered pool cover. Will coordinate
installation.
Lawrence Wright, LLC Agreement Extension 1
Attachments: 1)Resolution#10-8040
2) Resolution#10-8143
3)LW&Partners, LLC Agreement 2010
Prepared by: Office of the City Manager
End of Memorandum
Lawrence Wright, LLC Agreement Extension 3
Resolution No. 12-8418
Section 2. The City Commission of the City of Opa-locka directs and authorizes the City
Manager to extend the contract with Lawrence Wright & Partners, LLC., for eight months, at a cost of
$8,125.00 a month, retroactive from December 2011 and ending July 2012, as project management for
completion of the Sherbondy Park Village initiative,payable from account number 44-541802.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of June, 2012.
YRA T 1c LOR
MAYOR
• est to:
Joanna Flores
Interim City Clerk
Approved as to form and legal sufficiency:
li/iLl • A
Jo -ph S. Geller
C y Attorney
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 3-2
Commissioner Holmes: NO
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: NO
9452430 vl
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting June 13, 2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 44-541802 (Enter X in box) X
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational El
Bus.&Economic Dev 0 1)Work towards close out of
Public Safety 0 Sherbondy Village Project
Quality of Education El
Qual.of Life&City Image •
Communcation El
Sponsor Name: City Manager Department: Office of the City Manager
Short Title:
APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXTEND LAWRENCE WRIGHT, LLP'S
CONTRACT FOR EIGHT(8) MONTHS FOR A PERIOD RETROACTIVE TO DECEMBER 2011 AND ENDING JULY 2012.
Staff Summary:
The contract for Lawrence Wright and Partners, LLC will be for eight (8) months for retroactive at a monthly rate
of$8,125.00. As per the project description section the Lawrence Wright and Partners, LLC group will perform all
the essential services necessary to close out this project the scope of services will incorporate the information in
the description section. However, what LWP, LLC Group brings to the table is its institutional history of this
project. This knowledge base will allow us to close out this project in a responsible and cost effective manner and
avoid a $213,000 change order.
Lawrence Wright, LLC 1
Agreement Extension
Proposed Action:
Extending Lawrence Wright, LLC staff recommends existing contract for a period of eight(8) months in accordance
with the previously mentioned scope of services.
Attachment(s):
1) Resolution#10-8040
2) Resolution#10-8143
3) LWP, LLC Agreement 2010
Lawrence Wright, LLC 2
Agreement Extension
04
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Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner G ,4, 1 ler
FROM: Bryan K. Finnie,``C 1 anager
DATE: June 13, 201/
RE: Lawrence Wright and Partners, LLC Agreement Extension,Project Management
-Sherbondy Park Village
Request: APPROVAL OF RESOLUTION TO AUTHORIZE THE CITY
MANAGER TO EXTEND LAWRENCE WRIGHT, LLP'S CONTRACT
FOR EIGHT (8) MONTHS FOR A PERIOD RETROACTIVE TO
DECEMBER 2011 AND ENDING JULY 2012. THIS PROJECT
MANAGEMENT CONTRACT IS IN CONNECTION WITH THE
SHERBONDY PARK VILLAGE INITIATIVE.
Description: The Sherbondy Park Village Project is nearly complete based on the current
numbers the total project cost is estimated to be $ 4,000,000. Never the less,
there are several construction items which remain to be completed. Staff is
requesting the us of Lawrence Wright LLP to facilitate familiarization of the
building, DERM permit (final plans submitted two weeks ago); challenging a
$213,000 change order (time delay); utilizing his services to sign off on the final
payment; assist in developing a site plan for the facility and supporting our Silver
Certification efforts. In addition the following items will be addressed:
1. Low Voltage Wiring: Installing the wireless infrastructure throughout
the entire building. The cost of this infrastructure is $46,000. LPW
negotiated down to this number from $142,000. This all comes under
low voltage wiring category.
2. Installation of Kitchen: Coordinated the purchase and potential
installation of a commercial kitchen. Market price at $120,000. LWP
recommended a purchase price estimated of $40,000. Will assist in
coordinating relocation,installation of electrical upgrades and plumbing.
3. Pool Cover: Measure and ordered pool cover. Will coordinate
installation.
Lawrence Wright, LLC Agreement Extension 1
4. Final Furniture Fixtures and Equipment (FF&E): Coordinate/negotiate
pricing for FF&E items such as bleachers, weight room equipment dance
studio equipment, computer lab equipment, break room furniture, sports
equipment and most importantly signage.
5. Final Punch List Review (Approximately 60 items): Review the entire
building to identify imperfections of contracted work which must be
immediately corrected prior to the contractor being released from the
project. This assures that the City gets the end product promised.
In addition to the items remaining to be completed, directly linked to the project
is the completion of the Lift Station 11A. Work has begun on the lift station and
it is anticipated that it will be completed in five (5) months. Staff will be
working with the contractor and Miami-Dade County to determine the quickest
path of completion.
The contract for Lawrence Wright,LLC will be for eight(8)months at a monthly
rate of$8,125.00 As per the project description section the Lawrence Wright and
Partners,LLC group will perform all the essential services necessary to close out
this project the scope of services will incorporate the information in the
description section. However, what LWP, LLC Group brings to the table is its
institutional history of this project. This knowledge base will allow us to close
out this project in a responsible and cost effective manner. Lawrence Wright &
Partners,LLC group's#1 priority is to eliminate the$213,000 change order.
Account Number: 44-541802
Financial Impact: The funds will be used to complete the project and conduct the final close-
out phase, and approved Lawrence Wright & Partners, LLC shall be paid
on average of$8,125.00 per month for eight (8) months for a total cost of
$65,000. In this agreement Lawrence Wright & Partners will accept a
payment of$12,500 for the months of December 2011 and January 2012.
Lawrence Wright & Partners will accept $8,125.00 average monthly
payment for eight(8)months ending in July.
Implementation Time Line: Immediately
Legislative History: Resolutions#10-8040 and#10-8143
Recommendation(s): Extending Lawrence Wright& Partners, LLC staff recommends existing
contract for a period eight (8) months in accordance with the previously
mentioned scope of services.
Analysis: Utilization of this company will assist the City of Opa-locka in the completion
and close out of the project.
Lawrence Wright, LLC Agreement Extension 2
Attachments: 1)Resolution#10-8040
2) Resolution#10-8143
3)LW&Partners, LLC Agreement 2010
Prepared by: Office of the City Manager
End of Memorandum
Lawrence Wright, LLC Agreement Extension 3
•
Sponsored by: City Manager
Resolution No. 10-8040
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ) FOR PROFESSIONAL
CONSTRUCTION MANAGEMENT SERVICE TO PROVIDE
OVERSIGHT OF THE CONSTRUCTION AT SHERBONDY
VILLAGE, AND RESCINDING ANY RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT THEREWITH;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka desires to have a Professional
Construction Management Service to oversee the City's major development at Sherbondy Village;
and
WHEREAS, the City of Opa-locka will benefit by having a Professional Construction
Management Service to oversee the construction of Sherbondy Village:
WHEREAS, the Request for Qualification will be issued within thirty(30) days and the
procurement process is expected to be completed by May 2010:
NOW,THEREFORE,BE IT DULY RESOLVED BY'1 HE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka directs and authorizes the City
Manager to create and issue a Request for Qualifications for Professional Construction Management
Services for the construction of Sherbondy Village.
Resolution No. 10-8040
Section 3. Any resolution or part of resolutions in conflict with this resolution are hereby
rescinded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of April,2010.
JOSEPH L .4■ EY
MAY• '
Approved as to form and legal sufficiency.
Atteskto-
/ ,
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- .•rah S.Irby eph '.Geller
City Clerk / fa to 'I, City Attorney
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vicc Mayor Taylor: YES
Mayor Kelley: YES
•
Sponsored by: City Manager
Resolution No. 10-8143
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING AN
AGREEMENT WITH LAWRENCE WRIGHT&PARTNERS,
LLC.FOR CONSTRUCTION INSPECTION SERVICES FOR
SHERBONDY PARK. COMMUNITY CENTER AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Opa-locka approved Resolution 10-8101,
• selecting Lawrence Wright &Partners, LLC for Construction Inspection Services for Sherbondy
Park Community Center; and
WHEREAS,the firm of Lawrence Wright,LLC is a full-service general contractor offering
general construction,construction management and design build services; and
WHEREAS, Lawrence Wright & Partners, LLC, will provide construction
management/inspections services for Sherbondy Park;and
WHEREAS,the proposed agreement with Lawrence Wright&Partners,LLC,is attached
hereto:
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
TILE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of Opa-locka directs and authorizes the City Manager
to execute an agreement with Lawrence Wright& Partners, LLC, and the City of-Opa-locks for
Resolution No. 10-8143
construction management/inspection services for Sherbondy Park Community Center in substantially
the form attached hereto.
Section 3. This resolution shall take effect immediately upon adoption.
NOW,THEREFORE,BE I T DULY RESOLVED BY THE CITY COMNIISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
PASSED AND ADOPTED this 13th day:of October,2010.
JOS ' ' L.KELLEY
MA' OR
Attest:
,orah Irby
City Clerk
Approved as to form and legal sufficiency:
1t
Jos j i •. (eller,Esq.
Ci Atto •ey
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tyduss: -__YES
Vice-Mayor Taylor: NOT PRESENT
Mayor Kelley: YES
1817077 vl
TOTAL DEVELOPMENT MANAGEMENT SYSTEM AGREEMENT
Project: RFQ-10-0524 Construction Management Services For
Sherbondy Village Community Center/Miscellaneous Projects.
THIS AGREEMENT is entered into and made effective on the latest date executed below, by and
between Lawrence Wright and Partners,LLC with its principal address located at 3827 NW 125th Street,
Miami, FL 33054 'Manager"), and City Of Opa-Locka with its principal address located at 780
Fisherman Street, 4' FIoor, Opa-Locka, FL 33054 ("Owner"). Separately, each may be referred to as
"Party"and together as"Parties".
WHEREAS, Manager has offered to provide management services under its Total Development
Management system("TDM")to Owner for the RFQ- 10-0524 as to Sherbondy Village("Project").
WHEREAS,Owner desires to have Manager provide management services under TDM to Owner for the
Project and as further agreed.
NOW THEREFORE, in consideration of the mutual promises and obligations contained herein, and for
other good and valuable consideration,the receipt of which is hereby acknowledged, the Parties agree as
fol lows:
ARTICLE I. SCOPE OF TRANSACTION
Section 1.01 Engagement of Manager. Owner engages Manager to utilize the TDM system to
manage and coordinate the work on the Project("Work") and to provide those management services as
contained herein. Manager shall furnish efficient business administration and supervision, use its best
efforts to guide the Project and provide its advice to achieve all of Owner's objectives within the budget
in the most expeditious and economical manner consistent with the interest and goals of Owner. Manager
shall be solely responsible for and have control over all management services provided under this
Agreement, unless otherwise agreed in writing. To the extent that construction services are rendered it
shall be included in Work herein.
Section 1.02 Designated PersonneL Owner shall designate one representative in writing to Manager,
who shall have full authority to accept instructions,make decisions,communicate for and act on behalf of
the Owner at all times. Manager shall designate in writing the lead contact and any specialists for
communication to Manager regarding the Work. Subject to proper written notice to the other Party,each
Party may add or replace from time to time any of its designated representatives.
Section 1.03 Contract Duration-The Term of this Agreement for any Project of the Owners shall be
for one(1)year,unless extended due to delays in completing the Project.
ARTICLE H. SCOPE OF SERVICES
Section 2.01 Scope of Services - TDM System(Exhibit A). Total Development Management system
allows for customization of services to be performed by the Manager based on the Owners' needs and the
project requirements.--Fnrther_thc TDM system allows the Owner to understand the costs and scope
without renegotiations, while maintaining control. The provision and payment for labor, materials,
equipment, tools, transportation and all other services necessary for proper execution and completion of
the Work shall be set forth in the Contract Documents.See Addendum#1 for detail scope of services.
L`�/
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-Owner Page 1 of 10 Contractor-
Section 2.02 Commencement.Upon execution of this agreement,Manager shall commence its services
as set forth herein and shall proceed expeditiously with its performance of its services under this
Agreement.
Section 2.03 Force Majeure. If Manager's performance is delayed by change orders, labor disputes,
fire, weather, "Acts of God," unusual delay in deliveries, unavoidable casualties or any other factors
beyond Manager's direct control,Manager shall not be in breach, but shall be given an additional amount
of time to complete performance which is reasonable under the circumstances.
ARTICLE III. OWNER'S OBLIGATIONS
Section 3.01 Existing Conditions. Owner shall furnish such information, surveys and reports that are
known to it or its professionals with the existing conditions, defects or other material information,
including the physical characteristics, soil conditions, subsurface investigations, boundaries, topography,
legal limitations, setbacks, easements, rights of way, utility locations and a legal description of the
Projects. Owner shall notify Manager promptly if it observes or is aware that a portion of the design is at
variance with any specifications,surveys or reports provided by or on behalf of the Owner.
Section 3.02 Surveys and Permits. Owner shall furnish and pay for a survey and a legal description
of the site if required by Manager. Owner shall obtain and pay for all other necessary approvals,
easements,assessments and charges.
Section 3.03 Testing. Tests, inspections and approvals of portions of the Work required or reasonably
needed for the Work or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be done timely at Owner's expense or as otherwise agreed with the general contractor.
Section 3.04 Selection of TDM System Components as indentified on Exhibit A.
Section 3.05 Documents to be provided by Owner.
1. Contract between The City of Opa-Locka and General Contractor.
2. Contract between General Contractor and Engineer.
3. NTP.
4. All Meeting Minutes to date.Construction Schedule.
5. Schedule of Values.
6. Weekly Job report from General Contractor.
7. Shop Drawings.
8. Product Approvals to date.
9. Product Approval Schedule.
10. Permits.
11. All Testing and Inspection Reports.
12. LEED-Commissioning Agent Information/Contract.
13. LEED Score Card.
14. LEED Tracking Log.
15, Two Week Look ahead schedule from Contractor
16. Change Order Request to date.
17. Approved Change Orders.
18. Change Order log.
19. Field office with equipment
Contractor- V
-Owner Page 2 of 10
ARTICLE IV. COMPENSATION AND TERMS OF PAYMENT
Section 4.01 Basis of Compensation for TDM System. For Manager's services herein, the Basis of
Compensation shall be as set forth in Addendum#l (RFQ 10-0524) for Sherbondy Village—Phase 1.
(a) Consultant Fees As may be necessary during the life of the project,Owner and Manager
agree that consultant fees(if requested in writing)and/or reimbursable costs(including mark ups)shall be
pre-approved and duly authorized prior to being billed by Manager.
(b) Reimbursable expenses shall include all costs incurred by Manager in the performance
of the Work that are not included in Staff Costs or Consultant fees. Owner shall pay as part of Manager's
compensation,reimbursable expenses,including any out of pocket costs under the TDM,will be invoiced
as an itemized expense with a 15% markup. Reimbursable expenses should be pre-approved and duly
authorized by the City prior to being billed by the Manager.
(c) TDM System services shall be performed at 2.5% of the total cost/purchases for the
customized services (and products) selected by the Owner for the Projects as part of Manager's
compensation. Such mark-up excludes third party costs,which shall be paid per above.
Section 4.02 Application for Payment. Manager shall submit monthly applications for payment on
account of its services. Payments shall be made proportionally to completion of the job/project and
payments to general contractor.Upon payment by Owner,Manager shall promptly, but in no event later
than thirty (30)days after receiving Owner's payment, pay its consultants and any subcontractors the
amounts to which they are entitled. If there is a dispute or issue with the submission, the Owner shall
raise in writing said issue within 10 days of submission for a prompt resolution within the 30 days. Any
undisputed amounts shall be timely paid.
ARTICLE V. INSURANCE
Section 5.01 Insurance. During the Construction Phase, Manager shall provide for and maintain
Worker's Compensation insurance as provided in chapter 440, Florida Statutes and the Florida
Administrative Code.For the duration of this Agreement and for all other terms and requirements Exhibit
F Enumeration of Insurance Requirements shall govern.
ARTICLE VI. TERMINATION OR SUSPENSION
Section 6.01 Termination and Suspension by Owner. Owner may terminate and suspend the
Work or services of Manager only in accordance with this Article.
Section 6.02 Termination for Convenience by Owner. Termination under this Section shall
require sixty(60)days prior written notice to Manager.•!- _ ._ • . i • .[. I I.• _ a -.0 -1 -iU t. -• cart or whole for any
reason prior to completion of the Project, Manager shall receive all compensation and other monies due
under Article IV through the effective date of termination.
Section 6.04 Termination by Owner for Cause. Owner may terminate this Agreement-upon tli&iy
(30) days prior written notice in the event of a material breach of the terms of this Agreement by
Manager, provided such material breach is not corrected within the thirty (30) day notice period and if
cure cannot be completed within 30 days that such curative action has not begun within third days.
-Owner Page 3 of 10 Contractor-_
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Section 6.05 Termination or Suspension by Manager for Cause. Manager may terminate this
Agreement upon thirty (30) days prior written notice in the event of a non-monetary breach of this
Agreement by Owner, provided such breach is not corrected within the thirty (30) day notice period.
Manager may suspend its performance under this Agreement upon the occurrence of a breach by Owner
without need to wait for a cure and shall resume upon cure. In the event of a monetary breach,the Owner
shall have only a ten (10) days cure period, in which the Manager can cease all work until cured or
terminated.
ARTICLE VII. CLAIMS AND DISPUTE RESOLUTION
Section 7.01 Claims and Dispute Resolution.All claims and disputes must be made on a written basis,
defining the basis of the dispute with reasonable clarity, citing any relevant provision in this Agreement
or supporting documentation subsequently executed by the Parties. At all times and during all Project
phases, all claims, disputes, Agreement interpretations and other matters in question between Owner and
Manager, including its subcontractors and consultants of all tiers, shall be resolved by arbitration
administered by the American Arbitration Association under its Construction Industry Arbitration Rules
and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The arbitration shall be presided over by one (1)arbitrator,which if the Parties cannot agree to
within thirty(30) days, shall be appointed by the American Arbitration Association. The procedure shall
be expedited, with the initial notice demanding arbitration giving ten (10) days notice, with up to an
additional twenty(20)days set aside to appoint an arbitrator and resolve any procedural issues—meaning
that the proceeding shall formally commence no later than thirty (30) days from the date of the initial
demand to arbitrate. The entire proceeding shall be completed and an award issued no later than one
hundred twenty(120)days after the initial notice. The award shall include costs and attorney's fees to the
prevailing Party.
Section 7.02 Separate or Collective Arbitration of Issues. Any Party may submit disputed issues for
arbitration on an individual or collective basis. The passing of time for the submission of issues on a
collective basis shall not be deemed to operate as a waiver of rights under this Agreement. If the breach
is a monetary breach by Owner, Manager shall have the right to bring a separate action outside of
arbitration regardless of any other claims.
Section 7.03 Payment Portion Not in Dispute. If a dispute deals with any payment to Manager, then
that portion of payment not in dispute must be timely paid to Manager, or Manager may suspend its
performance without liability and/or tender written notice to Owner for breach as per Section 6 of this
Agreement. Owner may not withhold any portion of payment to Manager that is not in dispute and may
not in any event withhold any portion of payment in dispute beyond one hundred twenty(120)days. in
the event that the arbitration proceedings in Section 8.01 shall go beyond one hundred twenty(120)days
in duration for any reason, Owner must release the funds in dispute to Manager, but Owner may make
payment under protest and not waive its rights to dispute and reclaim the funds.
ARTICLE VIII. MISCELLANEOUS
Section 8.01 Indemnifeation.Tn the fitlJe t Byte. • . ,•.-• _ -_ - _ ••
losses or expenses are not covered by project management protective liability insurance purchased by the
Manager in accordance with Exhibit F, Manager shall indemnify and hold Owner harmless from and
against claims,damages, tosses and expenses, including but not limited to attorneys'fees, arising out of or
resulting from Manager's performance of the Work to the extent caused by the grossly negligent or
intentional acts or omissions of Manager, its subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable,regardless of whether or not such claim, damage, loss
or expense is caused in part by a party indemnified hereunder.
f -Owner Page 4 of 10 Contractorditi
Section 8.02 No Limitations for Coverage. In claims against any person or entity indemnified under
Section 8.01 by an employee of Manager, its subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable,the indemnification obligation under Section 8.0t shall
not be limited by a limitation on amount or type of damages,compensation or benefits payable by or for
Manager or its subcontractor under workers'compensation acts,disability benefit acts or other employee
benefit acts.
Section 8.03 Independent Contractor. Manager is an independent contractor of Owner.
Section 8.04 Interpretation. Time is of the essence with respect to the performance of every provision
of this Agreement. All Parties acknowledge and agree that this Agreement has been freely negotiated and
that in any dispute over the meaning, interpretation,validity or enforceability of this Agreement or any of
its terms or conditions, there shall be no presumption whatsoever against either Party by virtue of that
Party having drafted this Agreement or any portion thereof. All references to"days"mean calendar days,
unless expressly defined otherwise.
Section 8.05 Severability. In the event that any term or provision of this Agreement is held to be illegal,
invalid or unenforceable under law,regulations or ordinances of any federal,state or local governments to
which this Agreement is subject, such term or provision, or part thereof, shall be deemed severed from
this Agreement and the remaining term(s)and provision(s)shall remain unaffected thereby.
Section 8.06 Governing Law; Venue. The law of the State of Florida (without giving effect to its
conflicts of laws principles) shall govern all matters arising under or related to this Agreement. Proper
venue for any disputes resolution proceeding shall be Miami-Dade County, Florida. The prevailing party
in any proceeding shall be entitled to an award of its attomey's fees and costs,
Section 8.07 Successors and Assigns. The benefits and burdens of this Agreement shall inure to each
Party's successors and assigns.
Section 8.08 Multiple Counterparts.This Agreement may be executed in multiple counterparts,each of
which shall be enforceable to the same extent as an original.
Section 8.09 Amendment. This Agreement may only be amended by mutual consent and signature.
Section 8.10 Entire Agreement. This Agreement contains the entire agreement between the parties
concerning its subject matter and supersedes all oral or written agreements, negotiations,correspondence,
documentation,and statements made before its acceptance and execution.
,
��
`�___-Owner Page 5 of 10 Contractor-
It)
o
03'7'
C1ar8ce
City tla TIEF,Er.
12, 2010 j
6 of'i0
LIST OF INCORPORATED DOCUMENTS
Exhibit A: FES Proposal for Professional Services
Exhibit B: Lien Waiver and Release Forms
Exhibit C: Final Payment Lien Waiver and Release
Exhibit D:General Contractors Accord Certificate
Exhibit E: Engineers Accord Certificate
Exhibit F: Enumeration of Insurance Requirements
EXHIBIT F: ENUMERATION OF INSURANCE REQUIREMENTS
I. MANAGER'S LIABILITY INSURANCE
A. If Manager is the General Contractor for the Project, Manager shall purchase from and maintain
in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is
located such insurance as will protect Manager from claims set forth below which may arise out of or
result from Manager's operations under the Contract and for which Manager may be legally liable.
B. The insurance required by Section A shall be written for not less than limits of liability specified
in the Contract Documents or required by law,whichever coverage is less. Coverages,whether written on
an occurrence or claims made basis,shall be maintained without interruption from date of commencement
of the Work until date of final payment and termination of any coverage required to be;maintained after
final payment.
C. Certificates of insurance acceptable to Owner shall be filed with Owner prior to commencement
of the Work. These certificates and the insurance policies required by this Section shall contain a
provision that coverages afforded under the policies will not be canceled or allowed to expire until at least
30 days'prior written notice has been given to Owner.
D. OWNER HEREBY WAIVES ANY AND ALL CLAIMS, DEMANDS, DISPUTES AND
CAUSES OF ACTION OF ANY NATURE WHATSOEVER AGAINST MANAGER AS OWNER'S
REPRESENTATIVE OR MANAGER, AND ANY OF MANAGER'S AGENTS AND EMPLOYEES,
FOR ANY AND ALL LIABILITY, DAMAGE OR CONTRIBUTION, WHENEVER CAUSED,
DIRECTLY OR INDIRECTLY RELATED TO THE PROJECT DESIGN, ARCHITECTURE AND
PLANS, INCLUDING BUT NOT LIMITED TO CHANGE ORDERS.
E. Owner assumes all liability and a direct relationship with any party retained or contracted by it or
as an accommodation to it for liability purposes and shall not in any way infer,impute, shift or in any way
transfer liability to Manager.
II. OWNER'S LIAI31LI'I Y INSURANCE
A. Owner shall be responsible for purchasing and maintaining Owner's usual liability insurance.
B. Owner shall not require Manager to include Owner, Architect or other persons or entities as
additional insured's on Manager's Liability Insurance coverage under this Section.
-Owner Page 7 of 10 Contractor
11I. PROPERTY INSURANCE
A. Unless otherwise provided, Owner shall purchase and maintain, in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance
written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum,
plus value of subsequent Contract modifications and cost of materials supplied or installed by others,
comprising total value for the entire Project at the site on a replacement cost basis without optional
deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such
insurance, until final payment has been made as provided in the Agreement or until no person or entity
other than Owner has an insurable interest in the property required by this Section to be covered,
whichever is later. This insurance shall include interests of Owner, Manager, Subcontractors and Sub-
subcontractors in the Project.
B. Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage
including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake,
flood, windstorm, false work, testing and startup, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable
compensation for Architect's and Manager's services and expenses required as a result of such insured
loss.
C. If Owner does not intend to purchase such property insurance required by the Contract and with
all of the coverages in the amount described above, Owner shall so inform Manager in writing prior to
commencement of the Work. Manager may then effect insurance which will protect the interests of
Manager, Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the Cost
thereof shall be charged to Owner. If Manager is damaged by the failure or neglect of Owner to purchase
or maintain insurance as described above,without so notifying Manager in writing,then Owner shall bear
all reasonable costs properly attributable thereto.
D. If the property insurance requires deductibles, Owner shall pay costs not covered by such
deductibles.
E. This property insurance shall cover portions of the Work stored off the site, and also portions of
the Work in transit.
F. Boiler and Machinery Insurance. Owner shall purchase and maintain boiler and machinery
insurance required by the Contract Documents or by law, which shall specifically cover such insured
objects during installation and until final acceptance by Owner; this insurance shall include interests of
Owner, Manager, Subcontractors and Sub-subcontractors in the Work, and Owner and Manager shall be
named insured's.
G. Loss of Use Insurance. Owner shall purchase and maintain such insurance as will insure Owner
against loss of use of Owner's property due to fire or other hazards, however caused. Owner waives all
rights of action against Manager for loss of use of Owner's property, including consequential losses due to
fire or other hazards however caused.
H. If Manager requests in writing that insurance for risks other than those described herein or other
special causes of loss be included in the property insurance policy, Owner shall, if possible, include such
insurance, and the cost thereof shall be charged to Manager by appropriate Change Order.
l , _Owner Page 8 of 10 Contractor- "V
1. If during the Project construction period Owner insures properties, real or personal or both, at or
adjacent to the site by property insurance under policies separate from those insuring the Project, or if
after final payment property insurance is to be provided on the completed Project through a policy or
policies other than those insuring the Project during the construction period, Owner shall waive all rights
for damages caused by fire or other causes of loss covered by this separate property insurance. All
separate policies shall provide this waiver of subrogation by endorsement or otherwise.
J. Before an exposure to loss may occur, Owner shall file with Manager a copy of each policy that
includes insurance coverages required by this Exhibit. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a
provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced,
until at least 30 days'prior written notice has been given to Manager.
K. Waivers of Subrogation. Owner and Manager waive all rights against(1)each other and any of
their subcontractors, sub-subcontractors, agents and employees,each of the other, and (2) the Architect,
Architect's consultants,separate contractors described herein, if any,and any of their subcontractors,sub-
subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent
covered by property insurance obtained pursuant to this Section or other property insurance applicable to
the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary.
Owner or Manager, as appropriate, shall require of the Architect, Architect's consultants, separate
contractors described herein, if any, and the subcontractors, sub-subcontractors, agents and employees of
any of them,by appropriate agreements, written where legally required for validity,similar waivers each
in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though
that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not
pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable
interest in the property damaged.
L. A toss insured under Owner's property insurance, shall be adjusted by Owner as fiduciary and
made payable to Owner as fiduciary for the insureds; as their interests may appear, subject to
requirements of any applicable mortgagee clause. Manager shall pay Subcontractors their just shares of
insurance proceeds received by Manager, and by appropriate agreements, written where legally required
for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
M. If required in writing by a party in interest, Owner as fiduciary shall, upon occurrence of an
insured loss, give bond for proper performance of Owner's duties. The cost of required bonds shall be
charged against proceeds received as fiduciary. Owner shall deposit in a separate account proceeds so
received, which Owner shall distribute in accordance with such agreement as the parties in interest may
reach, or in accordance with an arbitration award in which case the procedure shall be as provided in this
Agreement. If after such loss no other special agreement is made and unless Owner terminates the
Contract for convenience, replacement of damaged property shall be performed by Manager after
--notificatieft-e-a C ange ;rror in-accordancewith-this-Agreement
N. Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the
parties in interest shall object in writing within five days after occurrence of loss to Owner's exercise of
this power, if such objection is made, the dispute shall be resolved as provided in this Agreement. Owner
as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions
of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct
such distribution.
/ -Owner Page 9 of 10 Contractor-
tN WITNESS WKIEFLE01-?, the pariies have exeouted this Agreement by their respective proper officers
duly au.therize6 the day end year first ITyrittm above.
ATTEST: Lawrence Wright&Partners;LLC
a Florida for-profit corporation:
"Coutracto r9'
C oi-cpors te Secretary:
. .
By: •
,
_
Print Name: Print Name: .
Tide: Title:
ATTEST: CYTY OF OPA LOCKA,
a Florida municipal Corporation
"City"
By: . -
— toorallSCirby - •Clerk
Clarfnce Patterson,City fvfanager
By: ;
Ge. City Attontey
1•1
Page 0 of 10 Oacecr-
Addendum#1(RFQ 10-0524) for Sherbondy Village—Phase 1
This Addendum shall only apply to the following scope,which Is part of the Project, and not apply to the
balance of the Project or additional work selected by owner or as required under the contract.
A. Scope of Work
1. Sr.Project Manager-On site Project Management of all field operation,
Coordination of all construction personnel and activities.Cost control scheduled Vs
Actual, Document Control for receipt of all material used on site,labor relations,
Requisition and Change Order review,monitor all scheduled activities,maintain
meeting logs.Coordination of all QA/QC,Review of submittals and product
approvals,code compliance.
ii. General Superintendent-Field Supervision and Coordination of trades.
B.
C. Negotiated Rate for Work(Total$150,000)
I. Sr. Project Manager-negotiated to $83,333(for the Phase 1)
R. General Field Supervisor negotiated to$66,667(for the Phase 1)
ill. Fee not applicable for phase 1
TDM Services/Donated
1. Construction Management
il. Construction supervision
LEED—(Donated).
iv. Design and Plan Review(Donated).
v. Project Collaboration(Donated).
vi. Virtual Document Management(Donated).
O. Training(Donated).
viii. Small Business Development(Donated).
Ix. Community Planning and Dutreach.(Donated) •
L(;)Owner Initials to, Contractor Initials
•
1847465 v)
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