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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-323Introduced by: Ate- Temp. Reso. # . 429g 1 2 3 4 u 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 `_6 27 28 179 3i 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86_3213 A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND CONSTRUCTION MANAGEMENT SERVICES, INC. FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES IN CONNECTION WITH THE CONSTRUCTION OF THE TAMARAC CITY HALL PROJECT; PROVIDINGRROVIDING AN EFFE T BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: That the City Council of the City of Tamarac hereby approves an Agreement between the City of Tamarac and Construction Management Services, Inc. 440 East Sample Road, Suite 209, Pompano Beach, Florida for professional construction management services in connection with the construction of the Tamarac City Hall project, attached hereto and made part hereof as Exhibit "An. SE.Q_TION- 2: That the appropriate City Officials are hereby authorized to execute said Agreement. SECTION 3; This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 1986. % BERNARD HART ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. rRYANT"'APP4' GATE ITY ATTORNEY 100-86-9-RMS UR 0T1* MAYOR: HART �-�-- DIST, 1: C/W MASSARO DIST. 2: V/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: C/M STEIN t, �Y� /� 1Z-6--19 A G R E E M E N T Project 1297 THIS AGREEMENT made this 24th day of September 1986, by and between the CITY OF TAMARAC, A Florida Municipal Corporation, hereinafter referred to as the "CITY", and CONSTRUCTION MANAGEMENT SERVICES, INC., 440 Fast Sample Road, Suite 203, Porpano Beach, Florida 33064, hereinafter referred to as "CONSTRUCTION MANAGEMENT." WHEREAS, the CITY is desirous of procuring certain construction management services in connection with the construction of the new City Hall Complex; and WR10EAS, CONSTRUCTION MANAGEMENT is capable of providing said services and desires to provide same; now, therefore IN CONSIDERATION of mutual covenants, promises and agreements herein contained, and of the payments herein agreed to be made, the CITY and the CONSULTANT hereby agree as follows: PRE-<)DNSTRUCTION PHASE - SECTION I 1. The CITY hereby hires CONSTRUCTION MANAGEMENT to provide professional construction management services required in connection with the construction of the new City Hall project. CONSTRUCTION MANAGEMENT, having examined the proposed project, does hereby agree to execute and complete pre -construction services prior to construction for a period. of 4 months. The fee for this section of the contract is $10,000.00 2. Pre -construction services will be, but not limited to, the following: a) A Detailed Cost Analysis will be prepared on the basis of 16 major disciplines for the entire project as follows: 1. General Conditions 2. Site Development 3. Concrete 4. Masonry 5. Metals 6. Woods and Plastics 7. Thermal and Moisture Protection 8. Doors and Windows 9. Finishes 10. Specialties 11. Flq i pmant 12. Builders Work 13. Special Construction 14. Conveyance Systems. 15. Mechanical 16. Electrical The preceding its will be further sub -divided as they relate to each category of work. b) This Detailed Cost Analysis will be used as a guide and a tool for the bidding and negotiation process, and during the construction phase. c) This Detailed Cost Analysis will be used as a "back-up" support • document for budget and cost control for the entire project. d) This Detailed Cost Analysis shall contain a component and line item breakdown with regards to quantity and unit price for each discipline and/or category of work. e) There will be continuous consultation with the architect and consulting engineers for clarification. f) Canplete evaluation of construction documents including specifications. g) RecaTmndat,ions for changes and/or additions to the contract documents and specifications for the purpose of cost savings and quality control in the interest of the CITY. h) Canplete liaison with CITY officials for input and clarification as it pertains to entire project. 0 j) Analyze construction and bid documents and report findings to the C� J CITY with recarm-�-_ndations. k) Value Engineering on the interior design including detailed cost analysis. 1) Monthly report updates on the project throughout the pre - construction phase. m) Approval of all payments prior to cash disbursement on any item or discipline throughout the entire project. 3. Payments to CONSTRUCTION MANAGEMENT for the fee referenced in paragraph One, will be as follows: a) Monthly payments as required throughout the duration of pre - construction phase in equal increments of $2,500.00. -2- CONSTRUCTION PHASE -- SECTION II 1. CONSTRUCTION MANAGEMENT hereby agrees to execute and complete the above project as contract administrators, construction inspectors, quantity surveyors and owner's respresentatives for a fixed fee in the amount of $83,200.00 . This fixed fee will be for a period of sixteen months and is based on the following criteria under this contract: a) Construction supervision includes, but is not limited to the following: 1. Site inspection and supervision 2. Job meetings 3. Coordination of shop drawings and submittals 4. Approval of requisitions for payments 5. Total coordination of general contractor, consultants, sub- contractors and coordination with architect during the full duration of the project for a period of 16 months. b) General Description: 1. CONSTRUCTION MANAGEMENT will provide all services required for contract administration and inspection of construction in liaison with the architect. 2. CONSTRUCTION MANAGEMENT's obligations under this section of the • contract will commence after the construction contract notice to proceed is issued. The first action will be a pre -construction conference. 3. The term "Quantity Surveyors" will pertain to CONSTRUCTION MANAGE!' SERVICES, INC. as the company responsible for the field administration and construction inspections. c) Specific Requirements: 1. The construction phase will commence with the award of the construction contract and will terminate when the Certificate of Occupancy of the completed structure is issued by the City and all works are to the satisfaction of CONSTRUCTION MANAGEMENT and the architect. 2. CONSTRUCTION MANAGEMENT, as the representative of the CITY during the construction phase, shall advise and consult with the CITY and all of the CITY'S instructions to the contractor shall be issued through CONSTRUCTION MANAGEMENT in coordination with the architect. -3- 0 3. CONSTRUCTION MANAGEMENT shall at all times have access to work wherever it is in preparation or progress. 4. CONSTRUCTION MANAGEMENT shall be on site on a full time basis to in- 0 sure the progress and quality of the work and to determine in general, if the work is proceeding in accordance with the contract documents. On the basis of its on -site supervision as the Quantity Surveyor/ Construction Manager, CONSTRUCTION MANAGIIMENI' shall endeavor to guard the CITY against defects and deficiencies in the work of the contractor. CONSTRUCTION MANAGEMENT shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, and shall not be responsible for any failure on the part of the contractors to carry out the work in accordance with the contract documents. However, nothing herein contained shall be construed to relieve CONSTRUCTION MANAGEMENT of its obligations to ascertain whether all work performed by the contractor is in accordance with the contract 0 documents, and to advise contractor and CITY within a reasonable period of time, when, in its opinion, work is not being performed in accordance with the contract documents. 5. Based on such inspections at the site and on the contractor's applications for payment, CONSTRUCTION MANAGEMENT Shall determine the the amount owing to the contractor and shall issue certificate for payment in such amounts. The issuance of a certificate for payment shall constitute a representation by CONSTRUCTION MANAGEMENT to the CITY, based on CONSTRUCTION MANAGEMENT'S supervision at the site and the data comprising the application for payment, that the work has progressed to the point indicated; that to the best of CONSTRUCTION MANAGEMENT'S knowledge, information and belief, the quality of the work is in accordance with the contract documents (subject to an is evaluation of the work for conformace with the contract documents upon substantial completion, to the results of any subsequent tests required by the contract documents, to minor deviations from the contract documents correctable prior to completion, and to any specific qual- ifications stated in the certificate for payment); and that the contractor is entitled to payment in the amount certified. :CC 6. CONSTRUCTION MANAGEMENT shall have authority to reject work which does not conform to the contract documents. Whenever, in its reasonable opinion, CONSTRUCTION MANAGEMENT considers it necessary or advisable to insure the proper implementation of the intent of the contract documents, it will have authority to require special inspections or testing of any work in accordance with the provisions of the contract documents whether or not such work be then fabri- cated, installed or completed. 7. CONSTRUCTION MANAGEMENT shall review and coordinate shop drawings, samples, and other sutrnissions of the contractor for conformance with the design concept of the project and for compliance with the information given in the contract documents in coordination with the architect. 8. CONSTRUCTION MANAGEMENT shall prepare change orders and field orders with the full knowledge of the architect. 9. CONSTRUCTION MANAGEMENT shall conduct inspections to determine the dates of substantial completion and final completion, shall receive and review written guarantees and related documents assembled by the . contractor, and shall issue a final certificate for payment. 10. CONSTRUCTION MANAGEMENT shall not be responsible for the acts or omissions of the contractor, or any subcontractor, or any of the contractor's or subcontractor's agents or employees, or any other persons performing any of the work. 11. CONSTRUCTION MANAGEMENT agrees to meet with the CITY at reasonable times and with reasonable notice. 12. Coordination of "as -built" construction documents maintained by the general contractor are to be submitted to CONSTRUCTION MANAGEMENT upon completion for its implementation and then submit same to architect within thirty (30) days after completion of project. 13. CONSTRUCTION MANAGEMENT shall be responsible to coordinate the CPM and progress scheduling throughout the entire construction phase with the cooperation and coordination of the general contractor -5- 14. CONSTRUCTION MANAGEMENT will be responsible to coordinate the special threshold and structural inspections as per state law for the structural elements of the building only which, will be . in addition to normal inspections. 15. CONSTRUCTION MANA Uou will approve all payments prior to cash disbursement on any item or discipline throughout the entire project. 16. CONSTRUCTION MANAGEMENT will prepare cash flow and disbursement requirements. 17. CONSTRUCTION MANAGEMENT will maintain a daily log throughout the entire construction phase. 18. CONSTRUCTION MAtWEME T will observe the contractor's records and shop drawings at intervals appropriate to the stage of construction and notify the architect of any apparent failure by the contractor to maintain up to date records. 19. CONSTRUCTION MA,NAGRCW will maintain records at the construction 0 site in an orderly manner which will include correspondence, construction documents, change orders, construction change auth- orizations, field orders, architect's supplemental instructions, site conference reports, shop drawings, product data, samples, supplemental drawings, color schedules, request for payments, and names and addresses of contractors, subcontractors, and principal material suppliers. 20. CONSTRUCTION MAIWEMENT will make recommendations during construction for alternate methods etc., for the purpose of cost savings in the interest of the CITY. 11 2. CONSTRUCTION MANAGEMENT will have ScMleted its contract requirement to the CITY after complying with the followin item: a. Pre -Final: When the general contractor notifies CONSTRUCTION MANAGEMENT that the project is substantially complete, CONSTRUCTION MANAGEMENT disciplines shall conduct a pre -final • inspection and prepare a detailed punch list of items to be completed or corrected. The CITY is to be notified a minimum of one (1) week before the pre -final inspection is to be conducted. The CITY may or may not participate in the pre -final inspection. b. Final: When all the items on the punch list have been completed and/or corrected, CONSTRUCTION MANAGEMENT shall conduct a final inspection which shall be attended by the CITY representatives. The CITY or their designated representative shall be notified of the date and time of the final inspection a minimum of seven (7) days prior to the final inspection. CONSTRUCTION MANAGEMENT'S services for construction supervision under this contract are completed when the items on the punch list generated by the final inspection are corrected or completed and the general • contractor's final submittals (including pay requests) have been processed by CONSTRUCTION MANAGEMENT and approved by the CITY. 3. All of the above items in this contract will be carried out with the knowledge and coordination of the architect. 4. Payments to CONSTRUCTION MANAGMENT for the fee referred to in P 9 P a ra h 1 will be as follows a. Payment to CONSTRUCTION MANAGEMENT will be on a monthly basis, and will be in equal monthly increments of $5,200.00. 5. Should the construction project exceed the time limit of 16 months as stipulated in Section II;, Item 1, due to the contractor's negligence or any other delays beyond our control, then CONSTRUCTION MANAGEMENT reserves the right to extra services on the same basis as indicated in Section II, Item 4-a, or portions thereof will be prorated accordingly or billed on an hourly basis as follows: Hourly Principal: $60.00 Hourly Senior Discipline: 45.00 In addition to the fees set forth herein, all incurred expenses will be separate and apart from this contract. Reimbursable expenses as required are as follows: 1. Expense of long distance telephone calls 2. Expense of reproductions, postage and handling of drawings, specifications and other docents 0 A& SUPPLIIvENTARX CONDITIONS - SECTION III 1. CPM Scheduling a. CONSTRUCTION MANAGEMENT will provide CPM scheduling for the entire project including monthly updates with the coordination • and cooperation of the general contractor. b. The CPM schedules will be adhered to by the general contractor and his subcontractors throughout the duration of the construction phase. c. The fee to provide the CPM schedules will be a fixed fee in the amount of $ 16,500.00 and is separate and apart from the fees indicated in Section I, Item 1, and Section II, Item 1 of this contract. d. Payments will be based on a percentage of work ccmpleted. 2. SPECIAL STRUCTURAL THRESHOLD iNSPB:7rIONS a. CONSTRUCTION MANAGEMENT will provide the services of threshold inspections as per state law (if needed), through the services . of a licensed professional engineer. b. Payments will be based on an hourly basis of $45.00 per hour. 15:12 ri IN WITNESS WHEREOF, the parties to this Agreeient have set their hands and seals an the date above written. ATTEST: Approved as to form: 4 ;-_URSI'Ml44 Witne ses: CITV rNV TMAATDTt� T.T(1D Till BY BY F V Vp I MNi CONSTRUCTION'WNAGEMENT SERVICES, INC. BY KI.A. y, President 0 C�