HomeMy Public PortalAbout2010-35 Authorizing and awarding an agreement with Savino Miller Design Studio, PA for the Civic Center ParkRESOLUTION NO. 2010-35
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
AND AWARDING AN AGREEMENT FOR PROFESSIONAL
LANDSCAPE ARCHITECTURAL SERVICES WITH SAVINO
& MILLER DESIGN STUDIO, P.A. FOR THE CIVIC CENTER
PARK; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE AGREEMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 13, 2010, the Village of Key Biscayne (the "Village") issued a
Request for Qualifications (the "RFQ") for professional services to retain a landscape architect to
provide Landscape Design and Architect of Record services for the Civic Center Park, located at 530
Crandon Boulevard, Key Biscayne, Florida (the "Project"); and
WHEREAS, the RFQ resulted in the VILLAGE selecting Savino & Miller Design Studio,
P.A. ("Savino") as the Landscape Architect for the Project; and
WHEREAS, the Village desires to enter into an agreement with Savino pursuant to the RFQ
for the services specifically described in the Agreement for Professional Architectural Services
attached hereto as Exhibit "A"; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to authorize
and award the professional landscape architectural services for the Project to Savino, and enter into
an Agreement for Professional Architectural Services substantially in the form attached hereto as
Exhibit "A" (the "Agreement"), and proceed as indicated in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved.. That the Agreement for Professional Architectural
Services attached hereto as Exhibit "A", substantially in the form attached hereto, between Savino
and the Village for professional landscape architectural services is hereby approved, and the Village
Manager is hereby authorized to execute the Agreement on behalf of the Village, once approved as
to form and sufficiency by the Village Attorney.
Section 3. Funding. That the funding for the Project shall be provided through the
Capital Improvements Plan, Master Plan Initiatives.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
and all action which is necessary to implement the Agreement and the purposes of this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 31st day of August, 2010.
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO ORM AND LEGAL SUFFICIENCY:
VILLAGE A 0
MAYOR ROBERT L. VERNON
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EXHIBIT "A"
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES
CIVIC CENTER PARK
THIS AGREEMENT FOR PROFESSIONAL LAND C PE AR 1AL
SERVICES (this "Agreement") is made and entered into th. day of T , 2010, by
and between the VILLAGE OF KEY BISCAYNE, a Florida municipal corporate n (hereinafter
referred to as "Village") and SAVINO & MILLER DESIGN STUDIO, P.A., a Florida corporation, as
professional architects (hereinafter referred to as "SAVINO").
RECITALS:
WHEREAS, On April 13, 2010, the Village issued a Request for Qualifications (the "RFQ")
for professional services to retain a Landscape Architect to provide Landscape Design and Architect of
Record services for a Village park known as the Civic Center Park, located at 530 Crandon Boulevard,
Key Biscayne, Florida; and
WHEREAS, the RFQ resulted in the VILLAGE selecting SAVINO as the Landscape
Architect for the Civic Center Park, and the VILLAGE desires to enter into an agreement with
SAVINO pursuant to the RFQ for the services specifically described in this Agreement, and SAVINO
has agreed to provide such services; and
WHEREAS, the CONTRACTOR and VILLAGE, through mutual negotiation, have agreed
upon the Scope of Services, a schedule, and fee to engage SAVINO to perform the services as
specified below.
NOW, THEREFORE, In consideration of the mutual covenants and conditions set forth
in this Agreement, the VILLAGE and SAVINO agree as follows:
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I. SCOPE OF SERVICES.
A. Phase I — Planning Services. SAVINO shall perform the Planning Services set forth in
detail in Schedule "A" attached hereto (the "Phase I Services"), including but not limited to, Project
meetings with VILLAGE staff and Council members, development of design concept and alternatives,
including Schematic Design, which defines and depicts the character, scale and relationship of the
components of the Village's Civic Center Park project (the "Project"), development of budget level
cost estimates for each alternative, draft and final design reports, community design and VILLAGE
Council workshops, and final presentation to the Village Council for approval.
B. Phase II — Design Services.
1. Design Development Phase. SAVINO will revise and further develop the
Schematic Design based upon Village Council review and approval, and will provide a detailed site
plan; dimensioned floor plans of the Project; elevation drawings which depict the design intent,
exterior finishes, colors, and materials to be used. The work product of this Phase II will define the
materials and methods required to construct the Project. This will include information for pricing and
pre -construction engineering (value engineering). In developing the design, SAVINO shall consider
preliminary construction cost estimates to be provided by an independent consultant, to be selected by
the Village Council with the assistance of SAVINO. SAVINO will present the design along with
appropriate analysis and references to such construction cost estimate to the Village Council, and will
incorporate revisions of the design until a consensus is reached, the design is developed, and a final
design concept and budget is approved by the Village Council.
2. Subsequent Phases of Service. After completion of Phase II Design Services,
SAVINO shall provide all necessary continuing architectural, engineering and landscape services for
each of Phases III -V, subject to specific Village Council approvals to proceed to each of such
subsequent Phases of the Project, as follows:
C. Phase III - Construction Documents Phase. Based upon an approved design
development package, complete construction documents will be prepared by SAVINO which define
the materials, components and building systems for the Project. The documents will address site
issues and utilities; structural components; mechanical systems including plumbing and HVAC; and
electrical systems. The completed construction documents shall include civil engineering,
architectural, structural, mechanical, HVAC, fire protection, and electrical drawings and all other items
as required to solicit bids and to obtain a building permit. SAVINO shall utilize subcontractors
approved by Village for the provision of engineering and other services as required for the Project (the
"Subcontracted Services") which are outside of the architectural, planning and interior design services
which SAVINO is licensed to provide directly, including but not limited to architectural, structural,
civil, mechanical, electrical, plumbing, fire protection and lighting. Subcontracted Services will be
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included in the negotiated compensation, subject to Village Council or Village Manager approval of
the fees for such subcontractors.
D. Phase IV - Bidding and Award Services Phase. SAVINO will assist the Village in
reviewing the qualifications of potential bidders and will review bids on behalf of the Village.
Although SAVINO might make recommendations, final selection of a contractor is the sole
responsibility of the Village. The Village will also be responsible for the legal representation in
connection with the preparation of a contract for construction between the Village and successful
bidder. The construction contract shall accompany the detailed specifications prepared by SAVINO.
The Village shall also be responsible for all printing costs associated with the distribution of
documents for the purpose of obtaining bids and copies of all documents submitted for review by the
Village's Building and Zoning Department, utilities and other agencies having jurisdiction for
permitting and approvals.
E. Phase V - Construction Administration Services Phase. SAVINO will provide services
during construction to include: review of contract submittals; responses to questions and issuance of
clarifications related to the documents; periodic observation of the work to assist the Village in
monitoring the progress of the work and compliance with the requirements of the contract documents;
review and recommendation of the contractor's request for payments; review and preparation of
change orders as may be required; final inspection; punch list and contract closeout. SAVINO will
assist in obtaining all required building permits and governmental approvals.
F. Council Approval. The decision to authorize SAVINO to proceed to perform services
on each Phase of the project beyond Phase I, shall be at the sole discretion of the Village Council.
II. COMPENSATION.
A. Fee Schedule. Compensation for services provided by SAVINO in Phase I Planning
Services shall be in accordance with the fee schedule attached hereto as Schedule "A-1."
Compensation for services provided by SAVINO in Phases II -V shall be in accordance with the hourly
rates set forth in Schedule "A" and in accordance with the following fee schedule:
Phase II Design Development Services Phase —
Upon receipt of the final design concept and
Budget, the fee due for work
completed for this Phase =
Phase III Construction Documents -
Upon receipt of the working drawings and
specifications, fee due for work
completed for this Phase =
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Subject to negotiation
and written agreement of
the parties.
Subject to negotiation
and written agreement of
the parties.
Phase IV Bidding and Award Services Phase -
Upon award of bid, fee due for
work completed for this Phase =
Phase V Construction Administration Services -
Upon issuance of substantial completion certificate,
fee due for work completed for this Phase =
Subject to negotiation
and written agreement of
the parties.
Subject to negotiation
and written agreement of
the parties.
B. Payments to SAVINO for services will be made monthly upon work satisfactorily
completed and made in proportion to the services performed in each Phase. Additionally, SAVINO
shall be reimbursed by Village for reasonable and necessary direct costs including copying, plan
reproduction requested by Village, long distance telephone, Federal Express, and postage, up to a total
cost not to exceed $5,000.00, as approved by the Village Manager and/or his designee.
III. COMPLETION OF SCOPE OF SERVICES.
A. SAVINO shall complete the Phase I Planning Services March 1, 2011 and receipt of
required surveys and necessary background information, unless delayed by Village Council approval,
or circumstances beyond SAVINO'S control. Village shall respond to SAVINO's requests consistent
with the Project schedule and timetables to be established by the parties.
B. The time frame for completion and the basis of compensation for provision of services
for Phase II -V shall be provided by an amendment to this Agreement, as executed by the parties.
IV PROCESSING OF PAYMENTS.
A. Invoices shall be processed for payment pursuant to Sec. 218.70 Fla. Stat., upon receipt
of SAVINO's invoice.
B. Services not covered by this Agreement due to changes in the Scope of Services
requested by the Village, shall be compensated at a rate agreed to by both parties in writing prior to the
commencement of any additional work but shall not exceed the hourly rates provided on Schedule
"A" attached hereto.
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C. The following constitute Additional Services:
1. Excessive field representation beyond the ordinary due to changes in Scope of
Services or unforeseen conditions shall be billed at a rate provided by Schedule "A-1"
for time and travel. Mileage for such excessive field representation shall be reimbursed
at rates set forth in Schedule "A-1" attached hereto.
2. Changes in Scope of Services or substantial redesigns requested by Village Council
after Design Development approval of Village Council.
3. Provision of "as built" verification.
4. Professional architectural models done outside of SAVINO offices.
V VILLAGE RESPONSIBILITIES.
A. The Village shall be responsible for providing to SAVINO information, data, and
documentation on existing site conditions which may be necessary and relevant for completion of this
Project, as detailed below:
1. Furnish a complete boundary, topographic and utility survey, in AutoCad 2006
or higher format,prepared by a State of Florida registered land surveyor,
indicating all existing conditions, dimensions, elevations, site features, utilities,
tree locations and types and other pertinent information, as required for use by
SAVINO and permitting.
2. Furnish geo-technical investigations indicating surface conditions, allowable
soil bearing capacity.
3. Furnish percolation tests as required for design of storm water drainage
systems.
4. "As -Built" documentation of any and all existing structures to either remain, or
be demolished.
5. All governmental permit fees.
B. Village may provide for SAVINO to provide the items listed in Section V (A) above, at
compensation to be mutually agreed upon.
VI. WORK PRODUCT.
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All original sketches, tracings, drawings, computations, details, design calculations, work
papers and other documents and plans that result from SAVINO providing services hereunder shall be
the property of SAVINO, subject to Village's right of use under this Agreement. Upon request, Village
shall receive a copy of said documents. Upon termination of this Agreement, or upon request of the
Village during the term of this Agreement, the originals of any and all such documents shall be
delivered to the Village by SAVINO, upon payment for services under this Agreement. SAVINO shall
have no liability for any use by the Village of said documents, without the continued involvement of
SAVINO.
VII. INSURANCE.
1. SAVINO shall indemnify, defend and save harmless Village from any claim, demand
or damage arising out of SAVINO's performance or activities under this Agreement.
2. SAVINO and its Subcontractors shall at all times carry professional liability insurance,
workers' compensation insurance in amounts as required by Florida Law, comprehensive general
liability insurance, employer's liability insurance, and automotive liability insurance with minimum
policy limits for each coverage in the amounts set forth herein: Professional Liability Insurance in an
amount of not less than One Million Dollars ($,1,000,000.00) per occurrence, single limit; Workers
Compensation Insurance amounts shall be as required by Florida Law; Employer's Liability Insurance
in an amount of not less than One Million Dollars ($,1,000,000.00) per occurrence, single limit;
Commercial General Liability Insurance in an amount of not less than Two Million Dollars
($2,000,000.00) per occurrence, single limit, for property damage and bodily injury, including death;
Commercial Automobile Liability Insurance on an occurrence basis covering all hired, owned and
non -owned vehicles in an amount of not less than One Million Dollars ($,1,000,000.00) per
occurrence, single limit, for property damage and bodily injury, including death; and Valuable Papers
Insurance to protect against destruction of valuable papers and records on an all-risk basis for the full
replacement cost thereof The Village shall be named as an additional insured on all of the above
insurance policies, to the extent permitted by law. Each insurance policy shall be written with insurers
authorized to do business in the State of Florida and rated A- IX by AM Best & Company; state that it
is not subject to cancellation, reduction in coverage or non -renewal without prior written notice to the
Village 30 days prior to the effective date of cancellation, reduction of coverage or non -renewal; and
shall waive all rights of subrogation against the Village.
VIII. ASSIGNMENT.
This Agreement shall not be assignable by either party.
IX. PROHIBITION AGAINST CONTINGENT FEES.
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SAVINO warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for SAVINO, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona
fide employee working solely for SAVINO, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
X. TERMINATION.
This Agreement may be terminated by the Village upon 15 days written notice with or without
cause and by SAVINO upon 60 days written notice with or without cause. If this Agreement is
terminated, SAVINO shall be paid for all compliant work performed up to the date of termination.
XI. ENTIRE AGREEMENT.
The parties hereby agree that this is the entire Agreement between the parties. This Agreement
cannot be amended or modified without the express written consent of the parties.
XII. WARRANTIES OF SAVINO.
SAVINO hereby warrants and represents that at all times during the term of this Agreement it
shall maintain in good standing all required licenses, certifications, permits and insurance required
under federal, state and local laws necessary to perform the services.
XIII. NOTICES.
All notices and communications to the Village or SAVINO shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All
notices and communications shall be effective upon receipt. Notices shall be addressed as follows:
VILLAGE:
Genaro "Chip" Iglesias, Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
Telephone: (305) 365-5514
Fax: (305) 365-8936
With a Copy to: Village Attorney
Stephen J. Helfman, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
7
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Telephone: (305) 854-0800
Fax: (305) 854-2323
SAVINO:
Savino & Miller Design Studio, P.A.
12345 NE 6th Avenue
North Miami, Florida 33161
Attn: ?)ArYti 'Cr; le(
Telephone: 305• 4.5_-__ _ X 302.
Fax: 3 - em rr 0J
XIV. GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of Florida. Venue
for any litigation hereunder shall be in Miami -Dade County, Florida.
XV. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which, when
executed and delivered, shall be an original, but such counterparts shall together constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
SAVINO & MILLER DESIGN
STUDIO, P.A., a lorida corporation
b
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IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
Attes
he'l
one to H. Alvarez, MMC, Village Clerk
APPROVED AS TO FORM AND LEGAL
SUFFCIENC
Village Attorney
VILLAGE ' KEY BISCA E,
a Florida ' nicipal corporati n
By:
enaro "Chip" Iglesias,
Village Manager
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SCHEDULE A-1
VILLAGE OF KEY BISCAYNE
530 CRANDON BOULEVARD
CONSULTANTS COMPENSATION FEE SCHEDULE
CIVIC CENTER PARK - KEY BISCAYNE
July 27, 2010
SAVINO & MILLER DESIGN STUDIO - FEE PROPOSAL
TASK.
NO.
TASK DESCRIPTION
1 PLANNING SERVICES
1 1 1PROJECT KICK-OFF MEETING
1 21 PROJECT SITE RECONNAISSANCE VISIT (same day as kick-off?)
1-
1 3I"VISIONING" SESSIONS W/ STAFF (2)
1 4I -MEETINGS 8, COMMISSIONERS (7) - over ONE FULL, contiguous days
1 5 DEVELOPMENT OF DESIGN CONCEPT ALTERNATIVES (3)
1.5.1 CIVIL ENGINEER
1.5.2 MEP ENGINEER
1 5.3 STRUCTURAL ENGINEER
1.5 4 FOUNTAIN CONSULTANT
Ap Bi�tII3E C L VEL COS t•ESTIMATE'FOR EACH ALTERNATIVE
1N
:�It�lt
r ci utioki4i
1.7 COMMUNITY DESIGN WORKSHOP (w new council)
1-8 VILLAGE COUNCIL WORKSHOPS (1)
1 9 DRAFT DESIGN REPORT & COST ESTIMATES
1 10 REVIEW OF DRAFT REPORT W/ STAFF
1 11 FINAL DESIGN REPORT
1 12 FINAL PRESENTATION TO COMMISSION
PLANNING PHASE TOTAL FEE
OTHER DIRECT COSTS - NOT INCLUDED in FEE
SURVEY - inc. trees, underground utility verification, etc
GEOTECH SERVICES
REIMBURSABLE EXPENSES - Inc. mileage, printing, mail, courier, etc
1
PROD PROJECT LANDSCAPE
DIRECTORIPRI MANAGER ARCHITECT t
111f'IP/11' FIUr:IRIPPR
'The following services will be negotiated upon direction from the Village Council
to proceed with the preparation of construction documents and plans.
2 DESIGN SERVICES
3 I BIDDING AND AWARD SERVICES
4 CONSTRUCTION ADMINISTRATION SERVICES
5 ADDITIONAL SERVICES
TOTAL
4-
3
4-
DRAFTER. CLERICAL- "TOTAL
HOURS' TOTAL COST
4 4
3 3
8
8
32
8 8
8 8
24 40
16 8
8 8
8 8
4 4
24 [2 .
8-
4—r�
I
2 14 ' $1,810
2 I 11 $1,380
4 28 $3,620
4 28 I $3,620
80 8 184 $19,320
8 2 34 $3,850
2 18 $2,090
2 18 $2,090
8 $1,000
5 5 10 12 2
5 5 10 8 4
24 80 40 0 8
8 16 16 16
16 40 20 12 10
5 5 10 10
126
284 225 10 0 120
124
34 $3,580
32 $3,390
152 $20,680
56 $6,160
98 $12,170
30 $3,100
84 839
$99,960
TOTALS OA;
PHASE.•.
$10,430
$28,350
$6,970
$42,110
�I I
$5,000
-
$104,960
0(.12 '1, NOTE„ {F -V 2::1:;1
$180 (iii
-+150 00 i $' OO On
$70 00 1 $43 00
R 14014\AE SCOPE OF SERVICES AND CONTRACTSIFEE SHEDULE 8-19-10 xis
SAVINO & MILLER DESIGN STUDIO
9 -Sep -101
CIVIC CENTER PARK - KEY BISCAYNE - PLANNING PHASE
'{ I
KICK OFF MEETING
Site Reconnaissance Visit - Data Collection - Base Sheets
ILA -Civil -MEP -Structural -Fountain
Visioning Sessions with Staff
LA -Civil
Meets gs w/ Commissioners (ONE DAY)
DEVELOPMENT OF DESIGN CONCEPTS (3)
ILA -Civil -MEP -Structural -Fountain
OPINION OF PROBABLE CONSTRUCTION COST (OPCC)
Civil -MEP -Structural -Fountain
COMMUNITY DESIGN WORKSHOP - w/new council (ONE DAY)
VILLAGE COUNCIL WORKSHOP (ONE DAY)
Council to recommend a design alternative
DRAFT DESIGN REPORT & OPCCs
REVIEW OF DRAFT REPORT wl STAFF
FINAL DESIGN REPORT
FINAL PRESENTATION to COMMISSION
One Day Meetings
SEPT OCT NOV DEC ,JAN 1 FEB MAR
20 27 4 11 18 25 1 8 15 22 29 6 13 _ 20 27 3 10 17 24 31 7 14 21 28 7
f
Weeksl 11 21 31 4 51 6t 71 81 9+ 101 111 121 131 141 15 161 171 181 19 201 211 221 231 241 25
1111 T
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