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HomeMy WebLinkAboutReso 99-141RESOLUTION NO.99-� A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES AND THE CITY OF SUNNY ISLES BEACH WITH RESPECT TO THE PROPOSED GOVERNMENT CENTER ON SUNNY ISLES BEACH BOULEVARD ON THE TERMS AND CONDITIONS PROVIDED IN THE CONTRACT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MANAGER TO EXECUTE SUCH CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission have purchased property on Sunny Isles Beach Boulevard with the intent of building a ten million dollar government center complex; and WHEREAS, the Manager and the Attorney have negotiated and agreed upon the terms of a contract with the State of Florida, Department of Management Services to act as the City's agent with respect to all design, development, and construction issues, subject to Commission approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES AS FOLLOWS: Section 1. Approval of Contract. The proposed Agreement by and between the State of Florida, Department of Management Services and the City of Sunny Isles Beach to act as the City's agent with respect to the design, development and construction of the Government Center located on Sunny Isles Beach Boulevard on the terms and conditions as more fully set forth as Exhibit "A" hereto, be, and the same is, hereby approved by the City Commission of the City of Sunny Isles Beach. Section 2. Execution of Agreement. The Manager is hereby directed to executed said contract and the City Attorney is hereby directed to prepare any other documentation necessary to effectuate State of Florida management services res. - I - this Agreement. Section 3. Effective Date. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED this 17'h day of June, 1999. av d Samson, yor Richard grow -Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4Z.—Dannheisser, City Attorney Moved by: - 10 y K5��A�� Seconded by: Lk o,,, 0 Vote: Lk— 0— , Mayor Samson V(Yes) Vice Mayor Turetsky ✓(Yes) Commissioner Iglesias (Yes) Commissioner Kauffinan (Yes) Commissioner Morrow (Yes) State of Florida management services res. -2- (No) (No) a�aS (No) (No) (No) 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: CSIB-98073000 PROJECT NAME AND LOCATION: GOVERNMENT CENTER, POLICE FACILITY AND LIBRARY, CITY OF SUNNY ISLES BEACH CLIENT: CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, SUITE 250 SUNNY ISLES BEACH, FLORIDA 33160 PHONE: (305) 947-0606 FAX #: (305) 947-3113 Jeb Bush Governor Tom McGurk Secretary cityofsunnyislesbeachca AGREEMENT FOR SERVICES THIS AGREEMENT made this _day of 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 CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, SUITE 250 SUNNY ISLES BEACH, FLORIDA 33160 PHONE: (305) 947-0606 FAX #: (305) 949-3113 herinafter called the CLIENT or OWNER WITNESSETH, that 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 considerations 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 as shown in the attached Exhibit II, which Exhibit II by reference and attachment hereto forms a part of this Agreement. No changes in the project budget, including, but not limited to change order, will be approved without the prior written consent of the Owner. Article 3. The proposed schedule is as shown in the attached Exhibit III, which Exhibit III by reference and attachment hereto forms a part of this Agreement. No changes in the project schedule will be approved without the written consent of the Owner unless the change is to complete the project at an earlier date. the Article 4. BC is authorized and requested to negotiate- agreement,-t`�litten approva}-brthe Own-er, with architects, engineers, contractors, etc., using BC forms and procedures, for the design, bidding and construction of those parts of the Project. The CLIENT understands and agrees that those agreements 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 City of Sunny Isles Beach, Florida. The funds with which the compensation of the architects, engineers, contractors, etc., will be paid are under the control of City of Sunny Isles Beach, Florida. Payments under this contract, as prescribed hereinabove, will be made by City of Sunny Isles Beach, Florida, based on approval of each payment by BC, Department of Management Services, State of Florida. Any remedies that are available to the Owner shall remain intact and no contract with BC shall be deemed to contravene such remedies in any manner. CLIENT agrees that the agreements 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 agreements. 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; and to pay, within thirty (30) calendar days, all invoices approved by BC and transmitted to the CLIENT for payment, not exceeding the portions of the budget shown on the attached Exhibit II. BC agrees that no service, work or construction contained in the scope of services as defined in the Guaranteed Maximum Price (GMP) contract shall be left incomplete. The Construction Manager will have a labor and material and performance bond that guarantees completion of those services contained in the GMP contract. Article 6. BC does not guarantee the Project can be completed within the budget shown in the attached Exhibit II, but does agree not to commit funds in excess of this budget without mutual agreement and an Amendment to this agreement authorizing such increase within the sole discretion of the City. 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: ONE HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED TWENTY DOLLARS ($189,920.00) This fee shall include transporation, reproduction of documents, telephone/fax, insurance, etc. There shall be no additional charges to this fee except as otherwise provided hereinbelow. If the Project Budget is increased in excess of $500,000.00 BC's fee shall be increased by 2% of the revised budget in excess of $10,500,000.00. If the Design and Construction Schedule exceeds 20 months then the monthly fee will be $9,496.00 per month, conversely if the project can be completed earlier than the scheduled 20 months the fee will be reduced by $9,496.00 per month. 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 are to be made in 20 consecutive monthly payments against the invoice/Purchase Order based on a 20 month final completion date. $189,920.00 - 20 Months = $9,496.00 20 Equal Monthly Payments of $9,496.00 Article 9. Attendance at Commission meetings and/or workshops shall be part of the services provided within the fixed fee described above, provided however, BC shall not be required to appear more than one time per month at a Commission meeting or workshop. Article 10. This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. In case of termination, BC, its Contractors and Architect -Engineer's shall be paid for services actually performed up to the date of termination based on time, provided however, if this agreement is terminated by BC's failure to perform within the sole determination of the City, and BC, after seven (7) days written notice, fails to cure such default, the Owner may terminate this agreement and BC will provide copies of all records to the date of termination related to this project to the City of Sunny Isles Beach. Article 11. In the event of a dispute between the parties, venue shall be located in Miami -Dade County, and the prevailing party shall be entitled to all reasonable attorney's fees and costs, up to and including the appellate levels. Article 12. All documents that relate to the project in possession of BC or the Owner are considered public records. Article 13. Included in the basic services are 8 hours of inspection time per week, in the event that the Owner wishes to incorporate more inspection time, the hourly rate for such services shall not exceed $52.28 per hour plus state rate for travel and per diem. tN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fast written above. CLIENT As Witnessed: By: As Witnessed: By: AGENT CITY OF SUNNY ISLES BEACH SUNNY ISLES BEACH, FLORIDA APPROVED: Reviewed and Approved By - BUILDING C NSTRUCTION, DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA Approved: By: H.R. Hough Contracts Administrator Approved As To Form And Legality: By: utfice of General Counsel, Department of Management Services State of Florida 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 Negotiations BC WILL; Establish A/E Negotiation Team Consisting Of BC & CLIENT Personnel Prepare & Publish Detailed Scope For A/E Services Notify Number 1 A/E Of Negotiation & Proposal Requirements Answer Number 1 A/E's Questions Receive & Analyze Proposal From Number 1 A/E Conduct Pre -Negotiation Conference With Negotiation Team Conduct Negotiations With Number 1 A/E Define Scope Of Work Establish Required Design Phases Establish Personnel To Be Copied With Submittals Establish Number Of Copies Per Person Per Submittal Establish Distribution For General Correspondence Ensure A/E Has Copy Of Professional Services Guide Establish Energy Use Analysis Establish Artwork Requirements Establish A/E's Basic Fees Establish How A/E's Basic Fees Are To Be Paid Establish Overall Schedule Of A/E's Services Establish Overall Project Budget Establish A/E's Periodic Construction Inspection Schedule Distribute Results Of A/E Negotiation Obtain CLIENT Approval Of A/E Negotiation 2. 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 3. 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 A/E 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. 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 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: 6 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 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 5. 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 Technical Specifications Bid Packages Alternates Mechanical Test And Balance 100% Documents Review 100% Review Response 6. 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 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, AS[, 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 8. 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 9. 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 10. 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 11. 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 10 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 12. 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 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 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 11 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 Review Construction Schedule Review Change Proposals. Reviews And Implementation Are To Be By The Construction Team On Changes To The GMP That Are Less Than $100,000. Those Changes Equal To Or Greater Than $100,000 Will Require CLIENT Approval. Review MBE Participation Reports Review Testing Reports Review Building Code Inspection Reports Review Requests For Payment & Transmit To CLIENT For Review & Payment Establish Transition Team Monitor As -Built Development Substantial Completion Inspection Review A/E Certifications Expedite & Verify Punchlist Corrections Review Warranties & Submittals Final Inspection & DOE Certification 12 13. Occupancy Services (Additional Service to Owner) BC WILL; Assure Staff Training Occurs For Equipment THE FOLLOWING WILL BE PROVIDED BY THE CONTRACTOR/CM UNDER CONTRACT TO BC (WITHOUT ASSUMING DESIGN RESPONSIBILITIES) Review Occupancy Requirements Coordinate Maintenance & Operational Training Review Systems Testing & Certifications 13 EXHIBIT II Project Budget PROJECT BUDGET 14 $10,000,000.00 EXHIBIT III Project Schedule PROJECT SCHEDULE 15 20 Months Ending March 2001 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson Mayor June 22, 1999 Irving Turetsky Vice Mayor Commissioners Danny Iglesias Lila Kauffman H.R. Hough, Contracts Administrator Connie Morrow State of Florida James DiPietro Department of Management Services City Manager 4050 Esplanade Way Lynn M. Dannheisser Tallahassee, FL 32399-0950 City Attorney VIA FEDERAL EXPRESS Re: CSIB-9803000 Government Center City of Sunny Isles Beach, Florida Dear Mr. Hough: Enclosed please find the City Resolution and the two originals of the Agreement for Services in connection with the above -referenced matter fully executed by the City of Sunny Isles Beach. It now awaits signature by your Department. Please return a fully executed copy to our Clerk, Richard Brown and retain one original for your records. (Please note that on page 1, we have changed the language to reflect that which was approved by the Commission by Resolution.) We would request that, immediately upon receipt of this document, you contact Spillis Candela & Partners, Inc., to begin negotiations on the owner/architect agreement. To the extent you require either the City Manager or myself to be involved, please let us know at what time, date and location you have scheduled these negotiations. Thank you for your prompt attention to this matter. Yours truly, L M. Dannheisser City Attorney LMD:ch cc: City Commission James DiPietro, City Manager/ Richard Brown, City Clerk ✓ City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson Mayor June 18, 1999 Irving Turetsky Vice Mayor Commissioners Danny Iglesias Reggie Hough, Contracts Administrator Building Construction Lila Kauffman Florida Department of Management Services Connie Morrow 4050 Esplande Way James DiPietro Tallahassee, Florida 32399-0950 City Manager Lynn M. Dannheisser Dear Mr. Hough: City Attorney At its regular meeting of June 17, 1999, the City Commission adopted the attached mutually agreed upon State of Florida Department of Management Services agreement. Please proceed to negotiate and conclude an agreement with the architect Spillis, Candela and Partner, Inc., as soon as practical (by July 2nd) Enclosed you will find two original City executed agreements. Upon execution by the State, please return one for our files. I look forward to having the broad experience of your division in administrating this very important public service project. Thank you. Sincerely, CITY OF SUNNY ISLES CH James DiPietro City Manager JD/pw cc: Lynn Dannheisser, City Attorney Richard Brown, City Clerk Attachment A certified copy of this Resolution will be forwarded under separate cover. RESOLUTION NO. 99- A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES AND THE CITY OF SUNNY ISLES BEACH WITH RESPECT TO THE PROPOSED GOVERNMENT CENTER ON SUNNY ISLES BEACH BOULEVARD ON THE TERMS AND CONDITIONS PROVIDED IN THE CONTRACT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MANAGER TO EXECUTE SUCH CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission have purchased property on Sunny Isles Beach Boulevard with the intent of building a ten million dollar government center complex; and WHEREAS, the Manager and the Attorney have negotiated and agreed upon the terms of a contract with the State of Florida, Department of Management Services to act as the City's agent with respect to all design, development, and construction issues, subject to Commission approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES AS FOLLOWS: Section 1. Approval of Contract. The proposed Agreement by and between the State of Florida, Department of Management Services and the City of Sunny Isles Beach to act as the City's agent with respect to the design, development and construction of the Government Center located on Sunny Isles Beach Boulevard on the terms and conditions as more fully set forth as Exhibit "A" hereto, be, and the same is, hereby approved by the City Commission of the City of Sunny Isles Beach. Section 2. Execution of Agreement . The Manager is hereby directed to executed said contract and the City Attorney is hereby directed to prepare any other documentation necessary to effectuate State of Florida management services res. - I - this Agreement. Section 3. Effective Date. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED this 171h day of June, 1999. David Samson, Mayor ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Lynn M. Dannheisser, City Attorney Moved by: Seconded by: Vote: Mayor Samson (Yes) (No) Vice Mayor Turetsky (Yes) (No) Commissioner Iglesias (Yes) (No) Commissioner Kauffman (Yes) (No) Commissioner Morrow (Yes) (No) State of Florida management services res. -2- 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: CSIB-98073000 PROJECT NAME AND LOCATION: GOVERNMENT CENTER, POLICE FACILITY AND LIBRARY, CITY OF SUNNY ISLES BEACH CLIENT: CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, SUITE 250 SUNNY ISLES BEACH, FLORIDA 33160 PHONE: (305) 947-0606 FAX #: (305) 947-3113 Jeb Bush Governor Tom McGurk Secretary c ityofsunnyislesbeachca AGREEMENT FOR SERVICES THIS AGREEMENT made this _day of 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 CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, SUITE 250 SUNNY ISLES BEACH, FLORIDA 33160 PHONE: (305) 947-0606 FAX #: (305) 949-31 13 herinafter called the CLIENT or OWNER. WITNESSETH, that 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 considerations 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 as shown in the attached Exhibit II, which Exhibit II by reference and attachment hereto forms a part of this Agreement. No changes in the project budget, including, but not limited to change order, will be approved without the prior written consent of the Owner. Article 3. The proposed schedule is as shown in the attached Exhibit III, which Exhibit III by reference and attachment hereto forms a part of this Agreement. No changes in the project schedule will be approved without the written consent of the Owner unless the change is to complete the project at an earlier date. the Article 4. BC is authorized and requested to negotiate miderterint6 agreement,��li BR } 9*.qier, with architects, engineers, contractors, etc., using BC forms and procedures, for the design, bidding and construction of those parts of the Project. The CLIENT understands and agrees that those agreements 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 City of Sunny Isles Beach, Florida. The funds with which the compensation of the architects, engineers, contractors, etc., will be paid are under the control of City of Sunny Isles Beach, Florida. Payments under this contract, as prescribed hereinabove, will be made by City of Sunny Isles Beach, Florida, based on approval of each payment by BC, Department of Management Services, State of Florida. Any remedies that are available to the Owner shall remain intact and no contract with BC shall be deemed to contravene such remedies in any manner. CLIENT agrees that the agreements 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 agreements. 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; and to pay, within thirty (30) calendar days, all invoices approved by BC and transmitted to the CLIENT for payment, not exceeding the portions of the budget shown on the attached Exhibit 11. BC agrees that no service, work or construction contained in the scope of services as defined in the Guaranteed Maximum Price (GMP) contract shall be left incomplete. The Construction Manager will have a labor and material and performance bond that guarantees completion of those services contained in the GMP contract. Article 6. BC does not guarantee the Project can be completed within the budget shown in the attached Exhibit II, but does agree not to commit funds in excess of this budget without mutual agreement and an Amendment to this agreement authorizing such increase within the sole discretion of the City. 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: ONE HUNDRED EIGHTY NINE THOUSAND NINE HUNDRED TWENTY DOLLARS ($189,920.00) This fee shall include transporation, reproduction of documents, telephone/fax, insurance, etc. There shall be no additional charges to this fee except as otherwise provided hereinbelow. If the Project Budget is increased in excess of $500,000.00 BC's fee shall be increased by 2% of the revised budget in excess of $10,500,000.00. If the Design and Construction Schedule exceeds 20 months then the monthly fee will be $9,496.00 per month, conversely if the project can be completed earlier than the scheduled 20 months the fee will be reduced by $9,496.00 per month. 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 are to be made in 20 consecutive monthly payments against the invoice/Purchase Order based on a 20 month final completion date. $189,920.00 - 20 Months = $9,496.00 20 Equal Monthly Payments of $9,496.00 Article 9. Attendance at Commission meetings and/or workshops shall be part of the services provided within the fixed fee described above, provided however, BC shall not be required to appear more than one time per month at a Commission meeting or workshop. Article 10. This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or should one party fail substantially to perform in accordance with its terms through no fault of the other. In case of termination, BC, its Contractors and Architect -Engineer's shall be paid for services actually performed up to the date of termination based on time, provided however, if this agreement is terminated by BC's failure to perform within the sole determination of the City, and BC, after seven (7) days written notice, fails to cure such default, the Owner may terminate this agreement and BC will provide copies of all records to the date of termination related to this project to the City of Sunny Isles Beach. Article 11. In the event of a dispute between the parties, venue shall be located in Miami -Dade County, and the prevailing party shall be entitled to all reasonable attorney's fees and costs, up to and including the appellate levels. Article 12. All documents that relate to the project in possession of BC or the Owner are considered public records. Article 13. Included in the basic services are 8 hours of inspection time per week, in the event that the Owner wishes to incorporate more inspection time, the hourly rate for such services shall not exceed $52.28 per hour plus state rate for travel and per diem. rN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CLIENT As Witnessed: As Witnessed: By: AGENT 3 CITY OF SUNNY ISLES BEACH SUNNY ISLES BEACH, FLORIDA APPROVED: Reviewed and Approved By: BUILDING ONSTRUCTI N, DEPARTMENT OF MANAGEhiBNT SERVICES, STATE OF FLORIDA Approved: By: H.R. Hough Contracts Administrator Approved As To Form And Legality: By: Office of General Counsel, Department of Management Services State of Florida 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: A/E Negotiations BC WILL; Establish A/E Negotiation Team Consisting Of BC & CLIENT Personnel Prepare & Publish Detailed Scope For A/E Services Notify Number 1 A/E Of Negotiation & Proposal Requirements Answer Number 1 A/E's Questions Receive & Analyze Proposal From Number 1 A/E Conduct Pre -Negotiation Conference With Negotiation Team Conduct Negotiations With Number 1 A/E Define Scope Of Work Establish Required Design Phases Establish Personnel To Be Copied With Submittals Establish Number Of Copies Per Person Per Submittal Establish Distribution For General Correspondence Ensure A/E Has Copy Of Professional Services Guide Establish Energy Use Analysis Establish Artwork Requirements Establish A/E's Basic Fees Establish How A/E's Basic Fees Are To Be Paid Establish Overall Schedule Of A/E's Services Establish Overall Project Budget Establish A/E's Periodic Construction Inspection Schedule Distribute Results Of A/E Negotiation Obtain CLIENT Approval Of A/E Negotiation 2. 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 3. 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 4 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 A/E 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. 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 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 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 5. 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 Technical Specifications Bid Packages Alternates Mechanical Test And Balance 100% Documents Review 100% Review Response 6. 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 7. 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 8. 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 9. 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 I 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 10. 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 11. 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 10 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 12. 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 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 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 Review Construction Schedule Review Change Proposals. Reviews And Implementation Are To Be By The Construction Team On Changes To The GMP That Are Less Than $100,000. Those Changes Equal To Or Greater Than $100,000 Will Require CLIENT Approval. Review MBE Participation Reports Review Testing Reports Review Building Code Inspection Reports Review Requests For Payment & Transmit To CLIENT For Review & Payment Establish Transition Team Monitor As -Built Development Substantial Completion Inspection Review A/E Certifications Expedite & Verify Punchlist Corrections Review Warranties & Submittals Final Inspection & DOE Certification 12 13. Occupancy Services (Additional Service to Owner) BC WILL; Assure Staff Training Occurs For Equipment THE FOLLOWING WILL BE PROVIDED BY THE CONTRACTOR/CM UNDER CONTRACT TO BC (WITHOUT ASSUMING DESIGN RESPONSIBILITIES) Review Occupancy Requirements Coordinate Maintenance & Operational Training Review Systems Testing & Certifications 13 EXHIBIT 11 Project Budget PROJECT BUDGET 14 $10,000,000.00 EXHIBIT III Project Schedule PROJECT SCHEDULE 15 20 Months Ending March 2001 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson mayor June 22, 1999 Irving VieTlavor VIA FEDERAL EXPRESS Vice Mavor Commissioners Danny Iglesias Lila Kauffman H.R. Hough, Contracts Administrator Connie Morrow State of Florida James DiPietro Department of Management Services City Manager 4050 Esplanade Way Lynn M. Dannheisser Tallahassee, FL 32399-0950 City Attorney Re: CSIB-9803000 Government Center City of Sunny Isles Beach, Florida Dear Mr. Hough: Enclosed please find the City Resolution and the two originals of the Agreement for Services in connection with the above -referenced matter fully executed by the City of Sunny Isles Beach. It now awaits signature by your Department. Please return a fully executed copy to our Clerk, Richard Brown and retain one original for your records. (Please note that on page 1, we have changed the language to reflect that which was approved by the Commission by Resolution.) We would request that, immediately upon receipt of this document, you contact Spillis Candela & Partners, Inc., to begin negotiations on the owner/architect agreement. To the extent you require either the City Manager or myself to be involved, please let us know at what time, date and location you have scheduled these negotiations. Thank you for your prompt attention to this matter. Yours truly, L M. Darmheisser City Attorney LMD:ch cc: City Commission James DiPietro, City Manager Richard Brown, City Clerk David Samson \layor Irving Turetsky Vice Mayor Commissioners Danny Iglesias Lila Kauffman Connie Morrow James DiPietro City Manager Lynn NI. Dannheisser City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 fax June 18, 1999 Reggie Hough, Contracts Administrator Building Construction Florida Department of Management Services 4050 Esplande Way Tallahassee, Florida 32399-0950 Dear Mr. Hough: At its regular meeting of June 17, 1999, the City Commission adopted the attached mutually agreed upon State of Florida Department of Management Services agreement. Please proceed to negotiate and conclude an agreement with the architect Spillis, Candela and Partner, Inc., as soon as practical (by July 2nd) Enclosed you will find two original City executed agreements. Upon execution by the State, please return one for our files. I look forward to having the broad experience of your division in administrating this very important public service project. Thank you. Sincerely, CITY OF SUNNY ISLES CH James DiPietro City Manager JD/pw cc: Lynn Dannheisser, City Attorney Richard Brown, City Clerk Attachment