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HomeMy WebLinkAbout2020 - Pre- Construction Services AgreementAU50 �pp�pp������an���a---ryryry��e��w��' S HOME OF PELICAN ISIAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: wa_"� r1v12$-W_:?r Agenda Item Title: Approval to Enter into a Pre -Construction Services Agreement with Wright Construction Group, Inc., Awarded Vendor of RFO #18-09 Design Build of City Garage and Public Facilities Storage Building Compound. Recommendation: Staff recommends that the Council APPROVE to enter into a Pre. Construction Services Agreement for $446,335.00 with Wright Construction Group, Inc., awarded vendor of RFO #1"ll Design Build of City Garage and Public Facilities Storage Building Compound. Backaround: The Procurement Division, on behalf of the Public Facilities Department, recommends to Council, the approval to enter Into a Pre -Construction Services Agreement with Wright Construction Group, Inc., the awarded vendor of RFD #18-09 for the Design Build of City Garage and Public Facilities Storage Building Compound. The attached proposals are for the pre -construction services for the onslte building and surrounding facilities as well as the offsite sewer service connection between the City and County. The Design Build method is used to allow a single vendor to provide planning, design and all construction services under one contract. This ensures a unified flow of work from Initial concept through completion. The Pre -Construction phase (Phase 1) of this process promotes cost and time -saving strategies to proactively solve complex problems up -front to reduce possible budget and schedule challenges. This phase Includes value engineering, analyzing design ideas and developing creative alternatives and solutions. This allows for more refined estimates to reach a more concrete Guaranteed Maximum Price (GMP) to complete the project. Wright Construction Group, Inc. (Design Builder) was awarded on April 10, 2019 by City Council authorizing the City Manager to negotiate. The solicitation process Included Evaluation Committee review of the submitted proposals and presentations to Council from the top -ranked firms. The award was made based on the qualifications of the firm and their ability to fulfill the City s requirements for this project. Following award, meetings were held to determine the specific needs of the City and the best way to achieve those needs. Due to the size of this project, multi -year funding Is required and will be phased to achieve the end goal. If Agenda Item Reauires Fxoendilurs of Funds: Pre -Construction Services Cost: $446.335.00 Fund to Be Utilized for Appropriation: Discretionary ,fSales TaX f and Administrative Services Department Budget Review:" Attachments: 1. Pre -Construction Services Agreement 2. Pre -Construction Proposal (Onsite and Offske Utilities) 3. RFO #1"0 Council Approval City Menagg r Authorization: Date: 1//!I/. e"o 167 of 189 DESIGN BUILD PRE -CONSTRUCTION SERVICES AGREEMENT RFG 18-09: Design Build of City Garage and Public Facilities Storage Building Compound This Agreement is entered into by the parties this 25th day of June 2020. 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Wright Construction Group, Inc. (Design Builder). 2. Designated Contact Person as to Cam: 3. Designated Contact Person as to Deslon Builder Soott Baker (PROJECT MANAGER) Scott Loiacano (PROJECT MANAGER) Public Facilities Director Senior Project Manager 1225 Main Street 5811 Youngquist Road Sebastian, Florida 32958 Fort Myers, FL 33912 Phone: 772-388-6113 Phone: 239ABI-5000 772-633-0897 Call. Email: sbaker@cityofsebastian.org Email: scott.lolaceno@wcgti.com 4. Scope of Work. Pre -Construction services Include, but are not limited to, design, permitting, cost estimating, value engineering, scheduling, construction phasing, construclability review, weekly design review meetings, Input from key subcontractors as to build systems, and means & methods of construction. Pre -Construction is expected to last six (6) months. S. Term and Completion Time. Pre -Construction services are expected to last six (6) months. After which time, a Construction Services Agreement will be issued for the completion of the Design Build project. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Compensation. Pre -Construction services for the project and additional offshe utility work is $446.335.00. The Design Builder shall be entitled to no Increase in this phase of the project. 7. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of Its provisions, the non -defaulting party may, at Its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Design Builder only for the Work safisfaclolly completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. 8. Agreement Document. The entire agreement between the City and Design Builder, consists of: this Agreement and all exhibits hereto; the Design Build General Terms and Conditions; special conditions, I any; proposal(s) submitted by Design Builder and accepted by the City, if any; the Construction Documents; any amendments or addenda executed by the City and the Design Builder hereafter, and City -approved change order(s) or field orders. Documents not included or expressly Contemplated In this Section 8 do not, and shall not, form any part of the Agreement for DesignlBuild Construction. Without limiting the generality of the foregoing, shop drawings and other submittals from the Design Builder or Its subcontractors and suppliers do not constitute a part of the Agreement for DesignlBuild Construction. • Exhibit "A" — Pre -Construction Proposal (Onsite) submitted by Design Builder • Exhibit "B"— Pre -Construction Proposal (Offsite Utilities) submitted by Design Builder City of Sebastian, Florida / Wright Construction Group, Inc. RFD #18-09 Design Build of City Games end Public Facilities Storage Compound Page 1 of 4 9. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder shall be subject to the review, Inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the qualify, completeness and acceptability of Work performed, or Work to be performed, Interpretation of plans/specificalions and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to Inspection and review by the Project Manager and the City. 10. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to Inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. City Funds. If sufficient funding Is not available for Design Builder to complete the Work, City reserves the right to modify the tens and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of Its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. 13. Insurance. During the term of the Agreement, Design Builder, at Its sole expense, shall obtain and maintain Insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate Insurance coverage is a material obligation of Design Builder, Design Builder shall provide City a certificate(s) of Insurance, evidencing such coverage. It Is the Design Builder's responsibility to ensure that the City has current Certlficate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 13.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall In noway be required to be relied upon when assessing the extent a deteonining appropriate types and limits of coverage to protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. All Insurance policies shall name and endorse the following as additional insumd(s): the City of Sebastian and its City Council members, officers, employees and agents. General Liability Insurance: Not less than $1,000,000 Combined Single Limit per each occurrence Professional Liability Not less than $1,000,000 per each occurrence, (Errors & Omissions): covering any damages caused by an error, omission or any negligent acts. Cyber Liability: Not less than $1,000,000 per each occurrence, covering any damages arising from alteration of, loss of, or destruction of electronic data and/or information "property of the City. Automobile Liability: Not less than $500,000 Combined Single Limit. Worker's Compensation: In accordance with Florida Statutes 440, maintain worker's compensation Insurance to the extent required by law for all their employees to be engaged in work under this contract. City of Sebastian, Florida / Wright Construction Group, Inc. RFO #19-09 Design Build of City Garage and Public Facilities Storage Compound Page 2 of 4 14. Payment of Payment Requests 14.1 Payment Requestslinvoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently In the Agreement or solicitation documents. All requests for paymentlinvoices shall be submitted In sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Design Buildefs payment request/Invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If It Is found that the payment request/involce is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 14.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes 'Local Government Prompt Payment Act' from the date which a property received payment fequestlinvolce is recorded as received by City, for Work completed to the satisfaction of City. 15. Indemnification. The Design Builder shall Indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be constmed as the City waiving its immunity pursuant to §768.28, at seq., Florida Statutes, or any other sovereign or governmental immunity. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the Clty's custodian of public records, Design Builder will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records In possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the Citys custodian of public records, in a format that is compatible with the Information technology system of the City. If Design Builder does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilllams@cityofsebastian.org; PHONE: 772-388.8215. City of Sebastian, Florida / Wright Construction Group, Inc. RFD #18.09 Design Build of City Garage and Public Facilities Storage Compound Page 3 of 4 17. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and slate laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 18. Waiver. The delay or failure by City to exercise or enforce any of Its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such tight preclude the City of any other or further exercise thereof or the exercise of any other right. 19. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that It is not in violation of law or Is not otherwise unenforceable and all other provisions shall remain in full force and effect. 20. Survival. All express representations, waivers, indemnifications, and limitations of liability Included in this Agreement will survive completion or lamination of the Agreement for any reason. 21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST T((S�®EAALL)):` THE MC CITTY//OFF SEBASTIAN- Bale Williams, Ml/�I.X.L'-t.f;l.R'IR. BY: u//, E�j/ ITY CLERK CITY MANAGER Approved as to form and legality for reliance ,byy�ythe City of Sebastian on hnfAlfb ITY ATTORNEY WRIGHT CONSTRUCTION GROUP, INC. BY:��� �0 Fr M. Etlmen PRESIDENT City of sebastlen, Florida / Wright Construction Group, Inc. RFD #18-09 Design Build of City Garage and Public Facilities Storage Compound Page 4 of 4 February 13, 2020 Scott Baker Public Facilities Director, Airport Director City of Sebastian — Public Works Maintenance and Garage Compound — Design Build 1225 Main Street Sebastian FL 32955 RE: Preconstruction Proposal for Design Build of the City of Sebastian Public Works Maintenance and Garage Compound — Revision 3 Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. We here -in propose to work on the proposed services to become the base of the contract. Construction costs will be added in to the base contract by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconswction phase and coordinated with the City. 2. The construction budgets are currently yet to be established Preconstruction services include the following: 1. Work with the City and BSS W to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by BSSW and their sub consultants. 3. Survey and geotechnical soil borings are included by the Civil Engineer in the preconstruction proposal. 4. Perform redi-check and Clash Detection on the construction documents to identify any conflicts, questions, omissions, and submit requests for information (RFI's) to the design team for clarification. 5. Prepare milestone documents for the Review and Approval of the City including a Schematic and Design Development set in addition to the final for construction set of documents 6. Develop a schematic estimate for the project based on design concepts prepared by the Architect. 7. Develop a progress estimate to within 10 % of the cost of the project, when the design development documents are developed to 50-60 %. 8. Provide and recommend value engineering and cost savings alternatives throughout the process. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Solicit and pre -qualify subcontractors and vendors for the project. 11. Develop bid packages for all major components of the project to issue with bid invitations.. 12. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 13. Advertise and solicit bids via our on-line plan room, and other public sources 14. Conduct pre -bid meetings to inform prospective bidders and minimize unknowns. 15. Provide additional Value Engineering received from Subcontractors and Vendors after the bidding process has been completed and before the GMP is submitted. 16. Identify critical scheduling issues and develop milestones as required. 17. Prepare a construction detailed schedule to attach to subcontracts when issued. 18. Develop a Phasing Plan (if required) 19. Develop a Site Utilization Plan 20. Establish the Guaranteed Maximum Price (GMP). 21. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Schematic. Design Development, and GMP Phases from BSSW and sub. consultants required to establish the GMP are included in this uronosal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 386,857.00 (Three Hundred Eight Six Thousand Eight Hundred Fifty Seven Dollars) which will be invoiced on a periodic basis as preconstmction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respectf 11 Submitted, Scott Loiacano Senior Project Manager Page 2 of 2 City of Sebastian Public Works Building Preconstruction Phase Services 2/13/2020 Schematic Design Phase Develop the preliminary conceptual design and subsequent schematic design documents. This preliminary phase will also include the necessary site survey and geotechnical testing. Aschematic estimate will be created from all available documents provided by BSSW and Carter Associates. The schematic estimate will include the new Public Works Building with all associated sitework and related Infrastructure improvements, Schematic design phase will include some V.E. as we consider major building components. $86,830 Design Development Phase Once the preliminary design Is approved, we will proceed with the design development drawings. At this stage, the design will begin to fill in the details of the major strucutral and MEP elements as well as architectural details and specifications. In addition to developing the building details and the major structural and MEP design elements, these documents will also Include the major site plan development Including drainage and utilities, all zoning and other items required for the city's checklist of requirements. We will provide more detailed estimates at this stage and verify that the design team is working within the budget parameters established in the Schematic Stage. We will also begin looking at Constructability and Life Cycle Costs of the building elements and make recommendations to the City and the Design Team where appropriate. Value Engineering as a process Is integral with this effort and will continue through Design Development. $101,700 GMP Phase At this stage in preconstruction, all construction documents shall set forth in detail the requirements for the construction of the project. This will Include all final structural, mechanical, and electrical calculations, drawings, and specifications. Any required offsite sanitary designs are included. In addition, all permitting services will be finalized in this phase as well. (permit fees are not included) Detailed scopes of work will be finalized for each division of work. The subcontractor bid process will be expanded at this point to Include broadcast advertising through multiple outlets, prequalifying, and holding pre -bid meetings to ensure an understanding of scopes, schedule, and site constraints. Redi-Check will be performed again to flush out any potential issues in the documents. Final CPM schedules will be created for each phase of the project. RFPs will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageoud to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. $171,220 Misc. Administrative Costs $0 G/Llnsurance $1,799 Subtotal $361,549 7%Fee (OH & P) $25,308 Total Preconstruction Phase Services $386,857 * NOTE: Included in WCG Preconstruction Services above are ALL Civil Architectural. Structural & MEP Designs for ALL Phases. Preconstruction obese services amount above is ALL inclusive., :� cep: February 13, 2020 Scott Baker Public Facilities Director; Airport Director City of Sebastian —Public Works Maintenance and Garage Compound — Design Build 1225 Main Street Sebastian FL 32958 RE: Preconstruction Proposal for Design Build of the City of Sebastian Airport Drive West Off -Site Utility Project Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. As requested, we here -in propose to work on the proposed services to become the base of the contract Construction costs will be added in to the base contact by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconstruction phase and coordinated with the City. 2. The construction budgets are currently yet to be established. Preconstruction services include the following: I . Work with the City and Carter and Associates, Inc. (Civil Engineer) to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by Carter and Associates, Inc. and their sub consultants. 3. Survey services are included by the Civil Engineer in the preconstruction proposal. 4. Provide civil construction documents and specifications for review with the City of Sebastian any other municipalities. 5. Electrical design for grinder pump station connections located at existing and future private residences is not included at this time. 6. Electrical design and estimates for connection to the regional lift station is included in the base project preconstmetion and conceptual design estimates. 7. Perform a constructability review of the project construction documents and specifications. 8. An opinion of probable cost to be developed during the design development stage. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 11. Advertise and solicit bids via our on-line plan room, and other public sources 12, Conduct pre -bid meetings to inform prospective bidders and minimize unknowns. 13. Prepare a construction detailed schedule to attach to subcontracts when issued. 14. Develop a Phasing Plan (if required) 15. Develop a Site Utilization Plan 16. Establish the Guaranteed Maximum Price (GMP). 17. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Design Develooment. and GMP Phases from the Civil Engineer, Carter and Associates. Inc.. and sub consultants required to establish the GMP are included in this proposal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 59,478.00 (Fifty -Nine Thousand Four Hundred Seventy -Eight Dollars) which will be invoiced on a periodic basis as preconstmction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respectfully Submitted, Scott L acano Senior Project Manager Page 2 of 2 City of Sebastian Public Works Off Site Utilities Preconstruction Phase Services 2/13/2020 Schematic Design Phase Preliminary design sketches to identify scope. $0 Design Development Phase Once the preliminary design is approved, we will proceed with the design development drawings. Includes coordination of lift station location, multiple progress meetings, design analysis, grant application coordination, including updated sketches and opinions of probably costs. Electrical design to the lift station and actual power will be included in the garage compound project. Electrical design to grinder pump stations from existing and future private residences is not included at this time. Includes topographic surveys required, locates of existing driveways, elevations, and proposed property lateral connections. Includes regional lift station design to existing properties on Airport Drive West and 4 Each proposed service lateral connections to properties. Includes formal construction plans and specifications for the gravity sewer, force main, and lateral connections as required. Includes complete permitting services for Indian River County (Utility), City of Sebastian (Right Of Way), and FDEP (General Permit for Construction of Wastewater Collection System). Wright Construction group to facilitated and coordinate as necessary. $30,950 GMP Phase At this stage in preconstruction for the off site utilities, all construction documents and specifications have been completed prior. Necessary permitting will also be well underway. The subcontractor bid process will begin at this point to include broadcast advertising through multiple outlets, and holding pre -bid meetings to ensure an understanding of scopes, schedule, and site constraints. Redi-Check will be performed again to flush out any potential issues In the documents. Final CPM schedules will be created. RFI's will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageous to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. Construction services for Carter and Associates, Inc. are Included in this proposal, Includes Civil Engineering "on - site" representation as necessary and system certification and "as-builts" for permitting agencies. $24,360 Misc. Administrative Costs $0 G/Llnsurance $277 Subtotal $55,587 7% Fee (OH & P) $3,891 Total Preconstruction Phase Services $59,478 * NOTE: Included in WCG Preconstruction Services above are ALL CIVIL DESIGN AND CONSTRUCTION SERVCIES, Preconstruction chase services amount above is ALL Inclusive.