HomeMy Public PortalAbout2008-06 Agreement with Currie Sowards Aguila Arquitects re Community Center Phase IIRESOLUTION NO. 2008-6
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND CURRIE SOWARDS
AGUILA ARCHITECTS, CONCERNING COMMUNITY
CENTER PHASE II PROJECT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council desires to obtain the professional services of Currie
Sowards Aguila Architects (the "Architect") concerning the provision of architectural and related
services for the Community Center Phase II project; and
WHEREAS, the Village Council finds that approval of the attached Supplement to Village
of Key Biscayne Agreement for Professional Architectural Services for Village of Key Biscayne
Community Center Phase II (the "Phase II Agreement") between Architect and the Village is in the
best interest of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE 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 Phase II Agreement, in substantially the
form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authorized,
in their respective capacities, to execute the Agreement on behalf of the Village, once approved by
the Village Attorney as to form and legal sufficiency.
Section 3. Implementation.
A. That the Village Manager is hereby authorized to take any necessary action to
implement the Agreement and this Resolution.
B. That the Village Manager is authorized to act for the Village in regard to the
amendment, extension or termination of the Phase II Agreement, except that any cost to the
Village of more than $10,000 above the $90,900 lump sum fee, which is set forth in the
Phase II Agreement, shall require further Village Council authorization.
C. That the funding source for the fees and expenses payable pursuant to the Phase II
Agreement shall be as identified in the Village Manager's memorandum which accompanies
this Resolution on the Council agenda.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 12th day of February , 2008.
#41/
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE AT 0
F:\100\103001\Resolutions\. .. - ' esolution, Community Center Phase II.doc
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VILLAGE OF KEY BISCAYNE
Village Council
Robert L. Vernon, Mayor
Jorge E. Mendia, Vice Mayor
Michael Davey
Enrique Garcia
Steve Liedman
Thomas Thornton
Patricia Weinman
Village Manager
Genaro "Chip" Iglesias
Office of the Village Manager
DT: February 5, 2008
TO: Honorable Mayor and Council Members
FR: Genaro "Chip" Iglesias, V age Mana
RE: AGREEMENT FOR P' 1 FFESION
ACHITECTURAL SERVICES FOR
KEY BISCAYNE COMMUNITY
CENTER PHASE II
RECOMMENDATION
It is recommended that the Village Council obtain the professional services of
Currie Sowards Aguila Architects for architectural and related service for the
Community Center Phase II project as described in the attached agreement. This
architectural service fee set forth in this agreement is $90, 900.
BACKGROUND
Currie Sowards Aguila Architects, formally known as Robert Currie Partnership,
Inc., are the original architect firm hired by the Village for the design of the
Community Center. The original design of the Community Center envisioned
that it may be necessary to expand the Community Center to meet the needs of the
community.
The Community Center Advisory Board, Staff and the Village's Owners
Representative have recommended that this firm's contract with the Village
should be amended to include the Community Center Phase II design. On
January 24, 2008 the Community Center Advisory Board passed a unanimous
motion recommending that the contract should be amended to provide for the
services described in the attached agreement .
The professional service to be provided by this agreement will address the
following three (3) issues:
1. The addition of a stand alone elevator on the east side of the building to
service the first and second floor of the Community Center.
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
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www.keybiscayne.fl.gov
2. The addition of approximately 4,500 square feet to the second floor of the
community center.
3. Modifications to the existing sanitary grinder pump.
The addition of a second elevator, expansion of the second floor and
modifications to the sanitary pump will address the three of the most significant
issues faced by Community Center.
The services set forth in this agreement will be funded by the "Community Center
2"d Floor Plans" and "Community Center 2" "� Elevator" line items in the Capital
Improvement Fund. The balance in each of the funds is $155,000 for a total of
$310,000.
CURRIE SOWARDS AGUILA ARCHITECTS
Village of Key Biscayne Recreation Center
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
December 19, 2007
INCLUDED
PROFESSIONAL SERVICES YES NO COMMENTS
PRE -DESIGN SERVICES
ABANDONEMENTS
X
ACOUSTICAL ANALYSIS
X
ASBESTOS STUDY
X
BOUNDARY SURVEYS
X
Client to provide updated survey
COASTAL CONSTRUCTION PERMITING
X
CONDITIONAL USE
X
ENVIRONMENTAL IMPACT ANALYSIS
X
EXISTING BUILDING SURVEYS
X
AE to rely on previous construction documents
LYFE CYCLE COST ANALYSIS
X
PHOTOGRAPHY
X
PROGRAMMING
X
RENDERINGS
X
REZONING
X
SCHEDULING
X
SITE PLAN APPROVAL
X
SOIL REPORTS/RECOMMENDATIONS
X
Client to provide new geotechnical for structural design requirements
TOPOGRAPHIC SURVEY
X
TREE SURVEY
X
SCHEMATIC DESIGN/DESIGN DEVELOPMENT SERVICES
CONCEPTUAL DESIGN
X
INTERIOR DESIGN
X
KITCHEN DESIGN
X
MODELS
X
COLORED PLANS/ELEVATIONS/SITEPLAN
X
As needed for presentation to public and Council
CONSTRUCTION DOCUMENT SERVICES
CIVIL ENGINEERING
X
Client to provide as -built data for tie-in requirements
CONSTRUCTION DOCUMENTS
X
COST REPORT
X
ELECTRICAL ENGINEERING
X
ENERGY CALCULATIONS
X
FIRE PROTECTION DESIGN
X
FURNITURE, FIXTURE & EQUIPMENT SELECTION
X
IRRIGATION DESIGN
X
LANDSCAPE ARCHITECTURE
X
MECHANICAL ENGINEERING
X
PLUMBING ENGINEERING
X
SPECIFICATIONS
X
STRUCTURAL ENGINEERING
X
BIDDING SERVICES
BIDDING EVALUATIONS & RECOMMENDATIONS
X
Assumes CM @ Risk selected by Client
CONTRACTOR SELECTION
X
CONSTRUCTION ADMINISTRATION SERVICES
CONSTRUCTION ADMINISTRATION
X
To be provided as an additional service
PAYMENT APPLICATION REVIEW
X
Provided as part of CA
PUNCH LIST / CLOSE-OUT
X
Provided as part of CA
SHOP DRAWING REVIEW
X
Provided as part of CA
ADDITIONAL SERVICES
POST OCCUPANCY EVALUATION
X
WARRANTY SURVEY
X
SUPPLEMENT TO VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR VILLAGE OF KEY BISCAYNE COMMUNITY
CENTER PHASE II
This Agreement is made and entered into this 12th day of February, 2008, by and
between the Village of Key Biscayne (the "Village") and Currie Sowards Aguila Architects,
formerly known as Robert G. Currie Partnership, Inc., professional architects, (the "Architect").
WHEREAS, the Village and Architect have previously entered into an Agreement of
August 26, 1998, as a Continuing Contract under Sec. 287.055, F.S., which remains in effect,
and have subsequently entered into an Agreement of October 11, 2000, as revised by Agreement
of August 27, 2002, as amended by Agreement of May 11, 2004, (collectively, the "Agreement")
concerning the design of the Village of Key Biscayne Recreation Center (the "Community
Center"); and
WHEREAS, during the course of the initial design and construction of the Community
Center it was envisioned that an expansion of the building may be subsequently necessary to
meet additional recreational service needs of the community; and
WHEREAS, it is necessary to design a proposed modification and expansion of the
Community Center (the "Project"), as described herein, in order for the Village to be able to
meet the need for additional program services at the Community Center; and
WHEREAS, the Village Manager and the Village's Owner's Representative have
recommended that the Agreement be further amended, as provided herein in this Supplement to
Village of Key Biscayne Agreement for Professional Architectural Services for Village of Key
Biscayne Community Center Phase II (the "Phase II Agreement"), so that the Community Center
improvements, consisting of the facility expansion and modification which is described in this
Phase II Agreement, may be designed; and
WHEREAS, Architect hereby confirms that it is ready, willing and able to perform the
services required by this Phase II Agreement.
IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS
PHASE II AGREEMENT, THE PARTIES AGREE, AS FOLLOWS:
I. DESCRIPTION OF PROFESSIONAL SERVICES
1.1 The services to be provided by the Architect generally consist of three elements,
as follows:
A. Addition of a stand alone two -landing elevator on the east side of the
existing facility.
B. Addition to the south side of the existing facility on the second floor
consisting of approximately 4,500 square feet of function spaces with
egress stairs.
C. Modifications to the existing sanitary grinder pump related to vandalism
and improper use.
1.2 The services shall be provided pursuant to a schedule which is approved by the
Village Manager.
1.3 Professional services are intended to include architectural, structural, mechanical,
plumbing, electrical, fire protection, and fire alarm services. Civil engineering
and landscaping and irrigation as well as interior design are not included in this
description of the services to be provided. Those services which are included will
be provided through the bidding and permitting elements, with construction
administration to be subsequently included as an additional service, if authorized
by the Village at a later time.
1.4 Site Plan Approval services are not included in this description of the services to
be provided, but may be added if requested by the Village and will be performed
at the Architect's current hourly rates as set forth in Article 4.2 below. Meetings
by the Architect during programming and schematic design will be limited to a
maximum of four times with staff and/or advisory boards and two times with
Council for a total maximum of six meetings. Additional meetings at which the
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attendance of the Architect is required by the Village will be considered an
additional expense under Article 4. However, the Architect shall confer as
necessary with the Village's Owner's Representative, Skyline Management
Services, Inc., as often as reasonably necessary without additional cost to the
Village.
1.5 The services to be provided by the Architect will include the following elements:
A. Programming
B. Schematic design
C. Design development
D. Construction documents
E. Permitting assistance / coordination
1.6 The following items are not a part of the services to be provided under this Phase
II Agreement, but may be added by the Village for an additional fee, pursuant to
Article 4:
A. Site Plan Approval services
B. Interior design, other than base interior finishes
C. Survey - boundary, tree, topographic, etc.
D. Soil borings & recommendation
E. Environmental abatement
F. Renderings
G. Models
H. Construction administration
I. Threshold inspections
J. Cost estimates
1.7 The included and/or excluded services are noted on Exhibit "A," attached hereto.
II. ITEMS TO BE PROVIDED BY VILLAGE
2.1 Unless stated otherwise in this Phase II Agreement, the Village shall provide
copies of all tests, inspections, and reports required to complete the services, such
as environmental surveys, structural analysis, mechanical reports, or hazardous
materials and/or other existing conditions reports.
2.2 The Village shall provide the Architect with a correct legal description and
accurate certified property survey of the site indicating grades, trees, boundary
information, easements, location of existing buildings or other structures, utilities,
and other site conditions affecting the proposed improvements.
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2.3 The Village shall provide the Architect with a geotechnical analysis (soils report)
and certified engineers recommendation for use in the design of the structure, if
applicable.
2.4 The Village shall provide the Architect with percolation tests and analysis for use
in the design of the drainage requirements as required by code, if applicable.
2.5 The Village shall provide the Architect with a set of drawings representative of
existing conditions to be used as a basis of the services required, if needed by the
Architect.
2.6 The Architect shall be entitled to rely on the accuracy and completeness of the
information provided by the Village, without independent verification of same.
III. FEES AND EXPENSES
3.1 Professional fees for the services described in Article 1 of this Agreement shall be
a lump sum fee as follows:
A. Elevator addition $ 12,500.00
B. South 2nd Fl. Add. $ 76,300.00 ( excludes construction administration)
C. Grinder pump $ 2,100.00
3.2 A retainer in the amount of $4,500.00 will be required, upon execution of this
Phase II Agreement, in order for the Architect to begin work. The retainer portion
of the fee will be applied to the final invoice.
3.3 Direct project expenses (reimbursable expenses) are in addition to compensation
described in Article 3.1 above and include actual authorized expenditures
reasonably made by the Architect or its authorized consultants in the interest of
the Project, as follows:
A. Reproductions at cost plus ten (10%) percent.
B. In-house black and white plotting at the rate of $1.15 per sheet
C. In-house color plotting at the rate of $36.00 per sheet
D. Mail, shipping and courier service at cost plus ten (10%) percent.
E. Automobile travel when traveling beyond 50 miles of the
Architect's office, at the rate of $0.40 per mile, plus tolls if
applicable.
F. Permit fees or agency review fees.
3.4 Payment on account of services rendered, including direct project expenses
incurred, shall be made monthly upon presentation of the Architects invoice of
professional services. Should any portion of the invoice be in dispute, all other
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portions shall be paid per the terms of this Phase II Agreement. Any billing
concerns shall be submitted in writing by the Village to the Architect describing
the disputed portion of the invoice in detail for discussion and resolution. If the
Village fails to provide written objections to the invoice within fifteen (15) days
of invoice date, it will be deemed that there are no objections, or that objections
are waived.
3.5 Payment on account of the Architects services, as well as any direct project
expenses, shall be made within thirty (30) days of invoice date for services
rendered and/or expenses incurred.
3.6 Payments due the Architect and unpaid past sixty (60) days shall bear interest at
the rate of one (1 %) percent per month for unpaid portions of the invoice for the
work.
3.7 This Article shall be governed by the Local Government Prompt Payment Act,
Sec. 218.70, F.S., et seq.
IV. CHANGE IN SERVICES
4.1 Change in the services to be performed by the Architect or the Architects
consultants, may be accomplished after execution of this Phase II Agreement,
without invalidating the Phase II Agreement, by mutual agreement and execution
of a written Change in Services Authorization.
4.2 Any change in services shall be invoiced at an agreed to Lump Sum Fee for the
work described, or in the absence of an established lump sum fee, the current fee
structure shall apply. The Architect's current hourly rates are as follows:
A. Principal Architect $200.00
B. Project Architect $175.00
C. Project Manager $150.00
D. CADD Technician I $ 85.00
E. CADD Technician II $ 65.00
F. Support Staff $ 45.00
4.3 If any of the following circumstances affect the Architect's services for the
Project, the Architect shall be entitled to an appropriate adjustment in the
Architect's schedule and compensation.
A. Village change in instruction or approval which requires revisions to
completed services;
B. Changes or revisions in code, laws regulations or official interpretations
which necessitate changes to completed services;
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C. Decisions or direction required by the Village not clearly or completely
transmitted to the Architect in a timely manner;
D. Significant change in the Project including, but not limited to, size,
quality, complexity, the Village's schedule or budget;
E. Failure of performance on the part of the Village or the Village's
consultants;
F Preparation for and attendance at dispute resolution proceedings or a legal
proceeding on behalf of the Village except where the Architect is a party
thereto.
V. OWNERSHIP OF DOCUMENTS
5.1 Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of
Service for use solely with respect to this Project. The Architect and the
Architect's consultant shall be deemed the authors of their respective Instruments
of Service and shall retain all common law, statutory and other reserved rights,
including copyrights, subject to Village's use and enjoyment for the purposes of
this Project only.
5.2 Upon execution of this Agreement, the Village shall have the right to reproduce
the Architect's Instrument of Service solely for the purpose of constructing, using
and maintaining the Project, provided that the Village shall comply with all
obligations, including payment of all sums when due, under this Phase II
Agreement.
5.3 The Village shall not use the Instruments of Service for future additions or
alterations to this Project or other projects, unless the Village obtains the prior
written agreement of the Architect and the Architect's consultants, as applicable.
Any unauthorized use of the Instruments of Service shall be at the Village's sole
risk and without liability to the Architect and the Architect's consultant.
VI. TERMINATION OR SUSPENSION
6.1 If the Village fails to make payment for services or otherwise materially defaults
under the terms of this Agreement, the Architect at its option, may declare this
Agreement in default and may either terminate the Agreement or suspend the
work. If the Architect elects to terminate this Agreement, the Architect shall
provide the Village with written notice of termination as stipulated herein.
6.2 Either party may terminate this Agreement for cause upon seven (7) days written
notice. The party initiating the termination notice must provide the other with a
reasonable opportunity to cure, but in no event more than ten (10) calendar days
from receipt of written notice.
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6.3 The Village may terminate the services of the Architect without cause upon seven
day written notice of termination. In the event of termination without cause, the
Architect shall be compensated for all services rendered through the date of
receipt of written termination notice in accordance with the terms of this
Agreement.
6.4 The Architect may terminate professional Services with the Village, without
cause, upon no less than forty-five (45) days written notice.
VII. MISCELLANEOUS PROVISIONS
7.1 The recitals set forth in the preamble to this Phase II Agreement are hereby
adopted and confirmed.
7.2 The term of this Agreement shall commence on February 12, 2008 and shall
terminate upon completion of the services of the Architect, unless sooner
terminated pursuant to Article 6 or extended by mutual written agreement of the
parties.
7.3 In an effort to resolve any conflicts that arise during the design and construction
of the Project, or following the completion of the Project, the Village and the
Architect agree that all disputes between them arising out of or relating to this
Phase II Agreement or the Project shall be submitted to non -binding mediation
unless the parties mutually agree otherwise. The Village and the Architect further
agree to include a similar mediation provision in all agreements with independent
contractors or consultants hereafter retained for the project and to require all
independent contractors and consultants also to include a similar mediation
provision in all agreements with their subcontractors, thereby providing for non-
binding mediation as the primary initial method for dispute resolution between the
parties to all agreements concerning the Project.
7.4 This Phase II Agreement shall be governed by the laws of the State of Florida.
Venue for any litigation between the Architect and the Village shall take place in
Miami -Dade County, Florida. The parties hereby voluntarily waive any right to
trial by jury in any litigation between the parties which in any way arises out of
this Phase II Agreement or the relationship between the parties.
7.5 Delays: The Village agrees that the Architect is not responsible for damages
arising directly or indirectly from any delays for causes beyond the Architect's
control. For purposes of this Phase II Agreement, such causes include, but are not
limited to, strikes or other labor disputes; severe weather disruptions or other
natural disasters; fires; riots; war or other emergencies or acts of God; failure of
any governmental agency to act in a timely manner; failure of performance by the
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Village or the Village's consultants; or discovery of any hazardous substances or
differing site conditions. In addition, if the delays resulting from such causes
increase the cost or time required by the Architect to perform its services in an
orderly and efficient manner, the Architect shall be entitled to an equitable
adjustment in schedule and/or compensation.
7.6 Upon execution of this Agreement, the Village agrees to allow the Architect the
right to photograph the completed Project and to publish photos in the promotion
of the Architect's practice through advertising, public relations, brochures, award
competitions, or other marketing materials desired by the Architect. The material
used by the Architect shall not have any confidential or proprietary information
released if the Village has previously advised the Architect not to divulge said
information.
7.7 This written Phase II Agreement (together with the Continuing Contract)
represents the entire and integrated Agreement between the Client and the
Architect and supersedes all prior negotiations or agreements, either written or
oral. This Phase II Agreement may be amended only if agreed to by both parties,
in writing.
7.8 This Phase II Agreement is deemed effective only upon execution by both
parties. If full execution is not accomplished within forty-five (45) days from the
date indicated on page one of this document , the offer set forth by tendering a
signed copy of this Agreement shall be null and void.
7.9 Any term or provision of this Phase II Agreement found to be invalid under any
applicable Statute or rule of law shall be deemed omitted, and the remainder of
this Phase II Agreement shall remain in full force and effect.
7.10 This Phase II Agreement may be executed in counterparts. A signed fax copy of
this Phase II Agreement shall be valid as an original.
7.11 The Architect shall at all times carry professional liability insurance, workers'
compensation insurance (if applicable), comprehensive general liability insurance,
and automotive liability insurance, with minimum policy limits for each coverage
in the amount of at least Five Hundred Thousand ($500,000.00) Dollars per
occurrence, combined single limit, for property damage and bodily injury,
including death, except that the dollar amount of workers compensation coverage
(if applicable) shall be as provided by Chapter 440, Fla. Stat. The Village shall
be named as an additional insured on the comprehensive general and automotive
liability insurance policies, to the extent permitted by law. Each insurance policy
shall state that it is not subject to cancellation or reduction in coverage without
written notice to the Village 30 days prior to the effective date of cancellation or
reduction of coverage.
7.12 Architect shall indemnify and hold harmless the Village , its officers and
employees, from liabilities, damages, losses and costs, including, but not limited
to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness
or intentional wrongful conduct of the Architect and persons employed or utilized
by the Architect in the performance of the Phase II Agreement.
7.13 NOTICES
All notices and communications to the Village or Architect 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:
With a copy to:
With a copy to Skyline:
Architect:
Genaro "Chip " Inglesias
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Stephen Helfman and David M. Wolpin
Village Attorneys
c/o Weiss Serota Helfman
2525 Ponce De Leon Blvd.
Suite 700
Coral Gables, Florida 33134
Skyline Management Group, Inc.
4040 NE 2nd Ave., Suite 305
Miami, Florida 33137
Currie Sowards Aguila Architects
134 NE 1st Avenue
Delray Beach, Florida 33444
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Phase II Agreement upon the terms and conditions above stated, on the day and year first above
written.
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CONSULTANT:
CURRIE SOWARDS AGUILA ARCHITECTS
134 Northeast First Avenue
Delray Beach FL 33444
By:
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Title:-'rincipal
Aguila,
VILLAGE:
VILLAGE of KEY BISCAYNE
88 West McIntyre Street
Key Bisca , FL ' 14 j
By:
Village Clerk
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