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HomeMy Public PortalAbout1999-62 Approving VKB agreement for professional architectural services for community centert RESOLUTION NO. 99-62 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that the approval of the attached Village of Key Biscayne Agreement for Professional Architectural Services for Community Center Project (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section I. That the Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Agreement on behalf of the Village. Section 2. gffective Date. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this ?0th day of July, 1999. ATTEST: (3inhiRk /.Cthictz)- �,� CONCHITA H. ALVAREZ, C VILLAGE CLERK MAYOR JOE L RASCO • Y_ APPROVED AS TO F LEGAL S RICHARD JA WEISS,T ILIA ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT ' • FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER t THIS AGREEMENT, made and entered into this Z14. day of 4,)701 , 1999 by and between the VILLAGE OF KEY BISCAYNE, a Florida municipality, hereinafter referred to as "VILLAGE" and ROBERT G. CURRIE PARTNERSHIP, professional architects, hereinafter referred to as ("CONSULTANT") . IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: I. SCOPE OF SERVICES. A. Village/State Agreement. Notwithstanding anything to the contrary herein, CONSULTANT's performance of its duties and responsibilities shall be conducted so as to fully comply with the Agreement between VILLAGE and the State Department of Management Services ( the "Village/State Agreement"). The Village/State Agreement shall control over any conflicting provision of this Agreement. CONSULTANT shall execute a supplemental agreement or other document required by VILLAGE and the Building Construction ("BC") section of the State Department of Management Services to implement compliance with the Village/State Agreement. All services of CONSULTANT shall be coordinated with the BC. B. Phase I - Schematic Design. CONSULTANT shall provide professional architectural services consisting of developing and providing a Schematic Design, which defines and depicts the character, scale and relationship of the components of the Community Center project (the "Project"). C. Phase II - Service. Design Development Phase. CONSULTANT 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 I 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, CONSULTANT shall consider preliminary construction cost estimates to be provided by an independent consultant, to be selected by VILLAGE. CONSULTANT will present the design along • 1 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 "A" attached hereto. After completion of Phase I Services, CONSULTANT shall provide all necessary continuing architectural and engineering services for each of Phases II -V, subject to specific Village Council approvals to proceed to each of such subsequent Phases of the Project, as provided in Section (D), (E) and (F) below. D. Phase III - Construction Documents Phase. Based upon an approved design development package, complete construction documents will be prepared by CONSULTANT 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 proposals or bids and to obtain building permits. CONSULTANT shall utilize subcontractors approved by VILLAGE for the provision of landscape architecture, surveying and other services (the "Subcontracted Services") which are outside of the architectural, planning and interior design services which CONSULTANT is licensed to provide directly. Subcontracted Services will be subject to prior VILLAGE approval of the fees for such subcontractors. E. Phase IV - Bidding And Award Phase. CONSULTANT will assist the VILLAGE in reviewing the qualifications of potential bidders and will review bids on behalf of the VILLAGE. Although CONSULTANT will make recommendations, final selection of a contractor is the sole responsibility of the VILLAGE. The VILLAGE will also be responsible for the legal representation and preparation of a contract for construction between the VILLAGE and successful bidder. The construction contract shall accompany the detailed specifications prepared by CONSULTANT. 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. CONSULTANT agrees that the inability of the VILLAGE to approve the award of an acceptable construction contract because the BC is unable to successfully negotiate with the most qualified contractor for a guaranteed maximum price which is not greater than the available budgeted funds shall be cause for the CONSULTANT to be required, at no additional charge to VILLAGE, to revise the project design at CONSULTANT's cost and expense in accordance with the requirements of the Village/State Agreement until a contract can be awarded within the Project amount budgeted. F. Phase V - Construction Administration Phase. CONSULTANT 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 2 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. CONSULTANT will assist in obtaining building permits and governmental approvals. G. Council Approval. The decision to authorize CONSULTANT 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. FEE SCHEDULE AND TIME FOR COMPLETION A. BASIC ARCHITECTURAL SERVICES (including architecture, mechanical, electrical, structural and civil engineering outlined by phase as follows) Phase I Phase II Phase III Phase IV Phase V Schematic Design Design Development Construction Documents Bidding and Award Construction Administration 45 days 45 days 60 days On -going 270 days -11 Me. FMS I tN Q S G-bALS ON L( . fiZ G 1/x6,199 NOT INCLUDED: Landscape architecture, surveys and soils tests. 15% of work 20% of work 35% of work 10% of work 20% of work TOTAL $155,200.00 $ 23,500.00 $ 32,200.00 $ 54,500.00 $ 15,000.00 $ 30,000.00 $155,200.00 The estimate of fees required to accomplish this assignment ranged from 7% to 10%. The lump sum fee for basic architectural services calculates to 7.5 % of the $2,000,000.00 construction budget. B. Payments to CONSULTANT for services will be made monthly upon work satisfactorily completed and made in proportion to the services performed in each phase. Additionally, CONSULTANT shall be reimbursed by VILLAGE for reasonable and necessary costs including copying, plan reproduction requested by VILLAGE, long distance telephone, Federal Express, and postage, as approved by the VILLAGE Manager. III. PROCESSING OF PAYMENTS. A. Invoices shall be processed for payment pursuant to Sec. 218.70 Fla. Stat., upon receipt of CONSULTANT'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 Exhibit "A," attached hereto. Work required by the Village/State Agreement shall not be considered 3 to be due to changes in the Scope of Services. Accordingly, additional compensation shall not be paid for work required by the Village/State Agreement. 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 Exhibit "A" for time and travel. Mileage for such excessive field representation shall be reimbursed at a rate of .35 cents per mile, round trip. 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 CONSULTANT offices. IV. VILLAGE RESPONSIBILITIES. A. The VILLAGE shall be responsible for providing to CONSULTANT information, data, and documentation on existing site conditions which may be necessary and relevant for completion of this Project, as detailed below: 1. Provide programming information for the Community Center facility. 2. Furnish a complete boundary, topographic and utility survey, 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 CONSULTANT and permitting. 3 Furnish geo-technical investigations indicating surface conditions, allowable soil bearing capacity. 4. Furnish percolation tests as required for design of storm water drainage systems. 5. "As -Built" documentation of any and all existing structures to either remain, or be demolished. B. The VILLAGE shall pay all governmental permit fees for the Project, which would otherwise be paid by the CONSULTANT. • 4 C. VILLAGE may provide for CONSULTANT to provide the items listed in Section (A) above, at compensation to be mutually agreed upon. V. WORK PRODUCT. All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from CONSULTANT providing services hereunder shall be the property of CONSULTANT, 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 CONSULTANT, upon payment. for the pertinent portion of services under this Agreement. CONSULTANT shall have no liability for any use by the VILLAGE of said documents, without the continued involvement of CONSULTANT. VI. INSURANCE. 1. CONSULTANT shall indemnify, defend and save harmless VILLAGE from any claim, demand or damage arising out of CONSULTANT's performance or out of CONSULTANT's activities under this Agreement. 2. CONSULTANT 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. VII. ASSIGNMENT. This Agreement shall not be assignable by either party. VIII. PROHIBITION AGAINST CONTINGENT FEES. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, 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 CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 5 IX. TERMINATION. This Agreement may be terminated by the VILLAGE upon 20 days written notice with or without cause and by CONSULTANT upon 20 days written notice with or without cause. If this Agreement is terminated, CONSULTANT shall be paid for all compliant work performed up to the date of termination. X. 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. XI. . WARRANTIES OF CONSULTANT. CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the services. XII. NOTICES. All notices and communications to the VILLAGE or CONSULTANT 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: C. Samuel Kissinger, Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 CONSULTANT: Robert G. Currie Partnership 134 N.E. 1st Avenue Delray Beach, FL 33444 XIII. 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. 6 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and condition .above stated on the day and year first above written. CONSULTANT: Robert G. Currie Partnership 134 N.E. First Avenue Delray Beach, FL 33444 By: Robert G. Currie Principal In Charge { 103001\agrceanais\ architectural services for commtmity center vio VILLAGE: tVillage of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 B C. Samuel Kiss .v' er Village Manage Pursuant to Village Council action t'5• ” on the 61.4 day of , 1999. ATTE Village Clerk APPROVED: 7 Yet/e6-Z' Village Attor i ey HOURLY RATES The firm's hourly rates and multipliers are as Follows: Principal Project Manager Project Architect CADD Technician Clerical Hourly $47.00 $34.00 $28.00 $24.00 $13.00 r x Multiplier 2.53 253 253 253 253 $118.91 $ 86.02 $ 70.84 $ 60.72 $ 32.89 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Joe I. Rasco, Mayor Gregory C. Han, Vice Mayor Scott Bass Martha Fdez-Leon Broucek Alan H. Fein Mortimer Fried Robert Oldakowski Village Manager C. Samuel Kissinger Robert G. Currie Robert G. Currie Partnership 134 NE First Avenue Delray Beach, Florida 33444 Dear Mr. Currie: July 29, 1999 Enclosed please find a fully executed copy of the Professional Architectural Services for Community Center between your firm and the Village of Key Biscayne. I look forward to working with you on this project. Thank you. Sincerely, C. Sarrtuel Kissinger Village Manager CSK\cpg enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT: "TO PROVIDE A SAFE. QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."