Loading...
HomeMy Public PortalAbout1998-52 Fire Station architectural services agreement, OBM Miami, IncRESOLUTION NO. 98- 52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC. (SERVICES FOR THE PROPOSED FIRE STATION); PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Council authorized O.B.M. Miami, Inc. to prepare a schematic design for the proposed Fire Station of the Village of Key Biscayne at the May 12, 1998 Council Meeting, which was Phase I. Section 2. That O.B.M. Miami, Inc. presented the schematic design at the September 1, 1998 Council Meeting. Section 3. That the Village Manager is hereby authorized and directed to execute the attached agreement with O.B.M. Miami, Inc. for Phase II: Design Development Phase for the Fire Station. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of October , 1998. CONCHITA H. ALVAREZ, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFI RICK ARD J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR FIRE STATION PROJECT THIS AGREEMENT, made and entered 3 day �' t red into this � of 0 , 1998, by and between the VILLAGE OF KEY BISCAYNE, a Florida municipality, hereinafter referred to as "Village" and O.B.M. MIAMI, INC., a Florida corporation, professional architects, hereinafter referred to as ("OBM"). IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: I. SCOPE OF SERVICES. A. Phase I - Service. OBM has already performed professional architectural services (the "Phase I Services"), consisting of Schematic Design, which defines and depicts the character, scale and relationship of the components of the Village's Fire Station project (the "Project"). The Schematic Design for the Project is attached hereto as Exhibit "A." B. Phase II - Service. 1. Design Development Phase. OBM 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, OBM shall consider preliminary construction cost estimates to be provided by an independent consultant, to be selected by the Village Council with assistance of OBM. OBM 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. In the event that Village Council review requires more than two (2) occasions on which the design is modified, additional compensation shall be paid in accordance with Exhibit "B" attached hereto. 1 Phase II Design Development Phase - Total fee due for work under this phase = $ 32,750.00 Phase III Construction Documents - Upon receipt of the working drawings and specifications, fee due for work completed for this Phase = Phase IV Bidding and Award Phase - Upon award of bid, 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. Phase V Construction Administration - Upon issuance of substantial completion certificate, fee due for work completed for this Phase = Subject to negotiation and written agreement of the parties. B. Payments to OBM for services will be made monthly upon work satisfactorily completed and made in proportion to the services performed in each phase. Additionally, OBM shall be reimbursed by Village for reasonable and necessary costs including copying, plan reproduction requested by Village, long distance telephone, Federal Express, and postage, a as approved by the Village Manager. ' III. COMPLETION OF SCOPE OF SERVICES. A. OBM shall complete the Phase II Services within sixty (60) days after execution of this Agreement, and receipt of required surveys and necessary background information, unless delayed by Village Council approval. Village shall respond to OBM's requests consistent with the Phase II Project schedule and timetables. B. The time frame for completion and the basis of compensation for provision of services for Phase III -V, shall be provided by an amendment to this Agreement, as executed by the parties. 3 or be demolished. 5. All governmental permit fees. , B. Village may provide for OBM to provide the items listed in Section V(A) above, at compensation to be mutually agreed upon. VI. WORK PRODUCT. All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from OBM providing services hereunder shall be the property of OBM, 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 OBM, upon payment for services under this Agreement. OBM shall have no liability for any use by the Village of said documents, without the continued involvement of OBM. VII. INSURANCE. 1. OBM shall indemnify, defend and save harmless Village from any claim, demand or damage arising out of OBM's performance or activities under this Agreement. 2. OBM shall at all times carry professional liability insurance, workers' compensation insurance, comprehensive general liability insurance, and automotive liability insurance with minimum policy limits for each coverage in the amount of Five Hundred Thousand Dollars ($500,000.00) per occurrence, single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla. Stat. 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 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. VIII. ASSIGNMENT. This Agreement shall not be assignable by either party. IX. PROHIBITION AGAINST CONTINGENT FEES. 5 Coral Gables, FL 33134 Attn: Raul A. Lastra 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. 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. OBM: • O.B.M. Miami, Inc. 2600 Douglas Road Suite 510 Coral Gables, FL 33134 • By • VILLAGE: C. Samuel Kissinger, Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 By: C. amuel Kis ger Village Manager APPROVED: 7 z,laia46.," illage Clerk Clerk L1-1--. Village Attorney