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HomeMy WebLinkAboutReso 2016-2539 RESOLUTION NO. 2016-2537 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PRECONSTRUCTION SERVICES AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND WEITZ COMPANY LLC, FOR THE GOVERNMENT CENTER ANNEX MULTI- PURPOSE BUILDING LOCATED AT 18080 COLLINS AVENUE, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS (S200,000.00), IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS ATTACHMENT "A"; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 2015-2503, the City Commission authorized the City Manager to negotiate and enter into an agreement with Weitz Company, LLC to provide Construction Management at Risk (CMAR) Services for the Government Center expansion at 18080 Collins Avenue (the "Project"); and WHEREAS, the Weitz Company, LLC is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; and WHEREAS, both parties have agreed on terms and conditions in which to enter into a Preconstruction Services Agreement ("Agreement"); and WHEREAS, the City Commission wishes to enter into an agreement with Weitz Company, LLC for the preconstruction services of the Project, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving Preconstruction Services Agreement. The City Commission hereby approves the Preconstruction Services Agreement between the City of Sunny Isles Beach and Weitz Company, LLC for Government Center expansion at 18080 Collins Avenue, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), in substantially the same form attached hereto as Attachment "A". Section 2. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. R2016-Pre-Cons.Svcs Agmt-Weitz ' Page 1 of 2 PASSED AND ADOPTED this 2154-day of ■ . 016. Georg; H. Scholl, Mayor . .'ATTEST: ., _ .. si_±.::: iko...,„4„) Jane A. Hines;'MMC, City Clerk APPROVED AS TO FORM AND Ei AL SUFFICIENCY: /,, A 40 /it .ns •ttinot, ity Attorney Moved by: 0.-)5h AUoA) Seconded by: V tLQ 0101,37)-r TTb Vote: -0 Mayor Scholl 1Yes) (No) Vice Mayor Gatto ✓(Yes) (No) Commissioner Aelion ✓Yes) (No) Commissioner Goldman V(Yes) (No) Commissioner Levin ✓(Yes) (No) R2016-Pre-Cons.Svcs Agmt-Weitz Page 2 of 2 SUNNY S�F . Preconstruction Services Agreement • : Between Owner and Construction Manager '6 C9r `.FtOP oya or S V N THIS Agreement, made and entered into by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida, hereinafter designated the OWNER or CITY, and WEITZ COMPANY, LLC ("Construction Manager"), a Florida Corporation, to perform pre-construction services in connection with that certain construction of the Government Center Annex Multi-Purpose Building ("Project" or "Work"), located at 18080 Collins Avenue, Sunny Isles Beach, Florida, said Work being set forth in the plans and specifications being pre- pared by Perkins & Will, the Architect/Engineer of Record ("Architect/Engineer"). The Owner and the Construction Manager, for consideration herein set forth, agrees as follows: ARTICLE 1 The Construction Team and Extent of Agreement The Owner and the Construction Manager accept the relationship of trust and confidence estab- lished between themselves by this Agreement. Each covenants with the other to cooperate with one another and the Architect/Engineer in furthering the best interests of the Project; to treat one another with fairness and in good faith; and as to Construction Manager, to furnish its best skill and judgment. 1.1 The Project Delivery Team: The Construction Manager, the Owner, and the Archi- tect/Engineer called the "Project Delivery Team" shall work from the beginning of design through establishment of Final Project Budget and bidding of various bid packages. The Con- struction Manager shall provide leadership to the Project Delivery Team on all matters relating to construction. 1.2 Extent of Agreement: This Agreement represents the entire agreement for Preconstruction Services between the Owner and the Construction Manager and supersedes all prior negotiations, representations, or agreements. This Agreement may be amended only by written instrument signed by both the Owner and the Construction Manager. It is anticipated that this Agreement shall be superseded by a Contract for Construction Services with terms as outlined in Article 3. ARTICLE 2 Construction Manager's Services 2.1 Preconstruction Phase: The Construction Manager shall provide preconstruction ser- vices as set forth in this Section 2.1 provided that Construction Manager shall not assume re- sponsibility or liability for design in connection therewith. 2.1.1 Review, Recommendations and Warranty: The Construction Manager shall familiarize itself thoroughly with the plans and specifications for the Project. If applicable, the Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost-reducing alternatives including assistance to the Architect/Engineer and Owner in evaluat- ing alternative comparisons versus long term cost effects. The evaluation shall address the bene- fits of the speed of erection and early completion of the Project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction feasibility and practicality. The Construction Man- ager shall call to the Owner's and the Architect/Engineer's attention any defects in the design, drawings and specifications or other documents of which it is aware. 2.1.2 Review Reports: If applicable, after receiving the documents produced by the Archi- tect/Engineer, the Construction Manager shall perform a specific review thereof, focused upon factors of a nature encompassed in Paragraph 2.1.1 above and on factors set out in Paragraphs 2.1.3 and 2.1.4 below. After receiving the documents, the Construction Manager shall submit to the Owner, with copies to the Architect/Engineer, a written report covering suggestions or rec- ommendations previously submitted, additional suggestions or recommendations as the Con- struction Manager may deem appropriate, and all actions taken by the Architect/Engineer with respect to same, any comments the Construction Manager may deem to be appropriate with re- spect to separating the Work into separate subcontracts, alternative materials, and any other ap- propriate or required comments. AT THE TIME THE GMP IS MUTUALLY ESTABLISHED, EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAY BE IDENTIFIED IN THE GMP AMENDMENT, THE CONSTRUCTION MANAGER SHALL BE DEEMED TO HAVE WARRANTED TO OWNER, WITHOUT ASSUMING ANY ARCHITECTURAL OR ENGINEERING RESPONSIBILITY, THAT THE CONSTRUCTION DOCUMENTS ARE CONSISTENT WITH EACH OTHER, PRACTICAL, FEASIBLE AND CONSTRUCTABLE. FURTHER, THE CONSTRUCTION MANAGER SHALL BE DEEMED TO HAVE WARRANTED TO OWNER THAT THE WORK DESCRIBED IN THE CONSTRUCTION DOCUMENTS FOR THE VARIOUS BIDDING PACKAGES IS CONSTRUCTABLE WITHIN THE CONTRACT TIME. 2.1.3 Long Lead Procurement: If applicable, the Construction Manager shall review the Pro- ject design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies) and consult with Architect/Engineer concerning same. When each item is identified, the Construction Manager shall notify the subcontractors, Owner and the Archi- tect/Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected subcontracts. The Construction Manager shall keep itself informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items, and advise Owner and Architect/Engineer of any problems or possible delays in delivery. 2.1.4 Interfacing: If applicable, the Construction Manager shall take such measures as are ap- propriate to provide that all construction requirements will be covered in the separate procure- ment of long lead items, the separate construction subcontractors and the general conditions Page 12 items without duplication or overlap, and sequenced to maintain completion of all Work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the Work included in that particular separate subcontract, its schedule for start and completion and its relationship to the other separate subcontractors. 2.1.5 Without assuming any design responsibilities of the Architect/Engineer, the Construction Manager shall include in the reports required under Paragraph 2.1.2 above, comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that the Architect/Engineer may arrange for necessary correc- tions. 2.1.6 Consultation During Project Development: Schedule and attend regular meetings with the Architect/Engineer during the development of the design to advise on site use and improve- ments, selection of materials, building systems and equipment. Provide suggestions on construc- tion feasibility, availability of materials and labor, time requirements for installation and con- struction, and factors related to cost including costs of alternative designs or materials, prelimi- nary budgets, and possible economies. 2.1.7 Scheduling: Develop a Project Time Schedule that coordinates and integrates the Archi- tect/Engineer's design efforts with construction schedules. Update the Project Time Schedule in- corporating a detailed schedule for the construction operations of the Project, including realistic activity sequences and durations, and delivery of products requiring long lead time procurement. Include the Owner's occupancy requirements showing portions of the Project having occupancy priority. Updates will coincide with the various budget updates. 2.1.8 Project Construction Budget: Prepare a Project budget as soon as major Project re- quirements have been identified, and update periodically for the Owner's approval. Prepare an estimate based on a quantity survey of Drawings and Specifications at the end of the schematic design phase for approval by the Owner as the Project Construction Budget. Update and refine this estimate for the Owner's approval as the development of the Drawings and Specifications proceeds, and advise the Owner and the Architect/Engineer if it appears that the Project Con- struction Budget is less or will be exceeded and make recommendations for corrective action. One formal cost estimate shall be generated at each of the following stages of design: 1.Conceptual Model - 0% to 15% complete drawings 2.Design Development - 15%to 50% complete drawings 3.Construction Drawings - 50% complete drawings 4.Construction Drawings - 100% complete drawings/ GMP 2.1.9 Extent of Responsibility: The Construction Manager does not warrant or guarantee esti- mates and schedules except for such estimates and schedules as set forth in the Construction Agreement. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and the Owner's profes- sional consultants. Page I3 1 2.1.10 Value Analysis: During Design Development, the Construction Manager will analyze building components and overall systems and provide to the Project Delivery Team potential de- sign and systems economies in order to maximize project cost effectiveness. The Construction Manager will offer various options involving substitutions of materials, quantity reductions, de- sign modifications, constructability alternatives, and other emerging technologies which will im- pact the budget. 2.1.11 Bid Management: The Construction Manager will make recommendations to the Pro- ject Delivery Team on the division of work respective to the Project drawings and specifications. These recommendations will initiate the Bid Management process and the award of trade con- tracts. Bid packages will be prepared and issued by the Construction Manager to ensure scope of Project is complete during the receipt of final pricing proposals. 2.1.12 Termination: At any time prior to Construction Manager's commencement of CONSTRUCTION PHASE Services (which services may not be commenced until Owner's ac- ceptance of the GMP for the Project in the manner provided in 2.1.13), Owner at its sole option may terminate this Agreement by giving Construction Manager written notice of such termina- tion and paying Construction Manager a pro rata portion of the lump sum compensation provided in Article 3 for all services rendered to the date of termination and cost of termination, which payment will be in full satisfaction of payments due Construction Manager and Owner shall have no further liability to Construction Manager with respect to this Agreement whatsoever. Any work product of Construction Manager completed at the time of said termination shall be deliv- ered to Owner to be utilized as Owner deems appropriate. Owner's right to terminate this Agreement during the PRE-CONSTRUCTION PHASE is understood, and agreed to. 2.1.13 Estimate of Guaranteed Maximum Cost: a. In addition to all other budgeting requirements, during the Schematic Design Phase, the Construction Manager shall submit a detailed estimate of the cost for the Work. After further consultation, additional detailed estimates will be required as provided herein, with a minimum of one at the end of each design milestone phase as set forth in Subpara- graph 2.1.8 above. b. When the Drawings and Specifications have been sufficiently completed by the Archi- tect/Engineer in the opinion of the Owner and Construction Manager and approved in writing by Owner with respect to the Work, Construction Manager shall provide to the Owner a Guaranteed Maximum Price proposal for the total sum of the Construction Manager's Fee, plus the Cost of the Work (including General Conditions), plus the Con- struction Manager's Contingency. (Herein after referred to as the "GMP") for the Project within a reasonable time, but in no event later than sixty (60) days following the written acceptance of a sufficiently complete Drawings and Specifications. It is understood that prior to commencement of any construction, the GMP must be established and accepted by Owner for the Project. Such GMP for the Project shall become binding on Construc- tion Manager only when executed and identified in the appropriate articles in the CONSTRUCTION PHASE contract. Page 14 c. The Owner may authorize and cause the Architect/Engineer to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions, clarifica- tions, and value analysis items contained in any amendments which establishes a GMP. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Man- ager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed-upon assumptions and clarifications. d. The Guaranteed Maximum Price shall be based on actual subcontractor cost proposals as negotiated with various subcontractors. The proposal shall be broken down into the cate- gories and level of detail required by Owner. Construction Manager agrees that all of its books, records and files, with respect to its development the GMP shall be open to Owner for review and copying. The GMP shall be mutually agreed upon by Owner and Con- struction Manager. Construction Manager guarantees that in no event shall the sum of the Construction Manager's Fee, the total cost of the Work (including General Conditions) and the Construction Manager's Contingency exceed the GMP. However, the GMP may be adjusted pursuant to the terms herein for Change Orders and Construction Change di- rectives. In the event Construction Manager and Owner fail to reach an agreement on the GMP, Owner may elect to terminate this contract. ARTICLE 3 Construction Manager Fee 3.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construc- tion Manager in current funds as compensation for his services a Preconstruction Services Fee as set forth in Subparagraph 3.1.1. 3.1.1 For the performance of the Preconstruction Phase Services, a fee of$200,000 which shall be paid proportionately based on the scheduled Design Phase budget deliverable presentation. 3.1.2 The Construction Manager's fee as set forth in Subparagraph 3.1.1 above is based on an overall duration for Design Phase services of seven (7) months, commencing on or about January 1, 2016 and concluding on or about July 1, 2016. Should the Design Phase services extend be- yond this duration for any reason outside the control of the Construction Manager, the Construc- tion Manager shall be entitled to additional compensation as set forth in §3.1.4 below. 3.1.3 The Construction Manager has based its fee on four (4) estimates as set forth in Subpara- graph 2.1.9. If additional estimates are deemed necessary by the Owner, the Construction Man- ager shall be entitled to additional compensation for its efforts. Further, if the scope of Design Phase services is increased beyond those items as described within this agreement, the Construc- tion Manager shall be entitled to additional compensation for these efforts, as well. Page 3.1.4 Additional compensation for any Design Phase services as described in Subparagraphs 3.1.2 and 3.1.3 above shall be calculated based on additional time expended times the monthly Preconstruction Services Fee. Reimbursable expenses shall be at actual cost subject to approval of the city Manager or designee. If agreed to by both parties beforehand, lump sum amounts may be established for specific items of additional work and the overall Construction Manager fee ad- justed accordingly. This Agreement executed the day and year first written above. r i; OWN P ' . CITY IF S k Y ISLES BEACH . ATTEST.: . ,\ a Flor da M icipal r1 - 1 z,. .r 1 • ‘ c GL'A---''' By A -• /-Jane A. Hines, City Clerk, MMC Geo ge I Scholl, Mayor Approved as_ : or :4 :11 ! 1 H.) ot, •!y Attorne CONSTRUCTION MANAGER Witness: WITNESS:WEITZ COMPANY,LLC • i L B -----/— i.ii - 0ennis Gallagher 'xecutive Vice President 1\1 IUD ()- 6Ctitf\- Print Name Page 16 . I k/v''N" '3•F City of Sunny Isles Beach 18070 Collins Avenue ` Z Sunny Isles Beach, Florida 33160 .. Y +10 CS 9, nR:°o. ' (305)947-0606 City Hall r ox sus ' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 4/21/2016 A Resolution Approving the Agreement with The Weitz RE: Company for Pre-Construction CMAR Services Associated with the Government Center Annex RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: Resolution 2015-2503 approved by the City Commission in December 2015, authorized the City Manager to negotiate and enter into an Agreement with The Weitz Company, LLC to provide Construction Management at Risk (CMAR) for the Government Center Annex Multipurpose building located at 18080 Collins Ave. Commission approval is sought for the agreement with The Weitz Company for Pre-Construction CMAR services associated with the Government Center Annex in the amount not to exceed Two Hundred Thousand Dollars ($200,000.00). The proposed scope of services shall cover an overall period of seven (7) months beginning with Design, through the completion of construction drawings and the establishment of a Final Project Budget/Guaranteed Maximum Price (GMP)for construction. 117 The terms and conditions for CMAR services during the Construction period shall be addressed as separate agreement when the GMP price has been established. FUNDING SOURCE: Account No. 300-5-5390-465010-32001 ATTACHMENTS: Description Resolution Agreement Item Number: 10.A • 118