HomeMy Public PortalAbout1999-97 Authorizing agreement with Spillis, Candela and Partners, Inc. for the architectural services (Schematic Phase) re: Police Station and Administration Building and Civic CenterRESOLUTION NO. 99-97
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO ENTER INTO THE ATTACHED AGREEMENT
WITH SPILLIS, CANDELA & PARTNERS, INC. FOR
ARCHITECTURAL SERVICES (SCHEMATIC PHASE)
ASSOCIATED WITH THE DESIGN OF THE POLICE STATION
AND ADMINISTRATION BUILDING AND RELATED WORK
ASSOCIATED WITH THE CIVIC CENTER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council adopted Resolution No. 99-78 directing the Village
Manager to negotiate an architectural and engineering agreement with Spillis, Candela & Partners,
Inc. for a police station and administration building; and
WHEREAS, the Village Council has retained the Florida Department of Management
Services to assist staff in the construction, management, coordination and implementation of the
Village Civic Center Master Plan; and
WHEREAS, the state of Florida Department of Management Services has reviewed the
attached agreement and recommends it be approved by the Village Council.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is authorized to enter into an Agreement to employ the
firm of Spillis, Candela & Partners, Inc. for purposes of preparing Schematic Architectural Plans
for the Police Station and Administration Building and related work associated with the Village
Civic Center.
Section 2. That the Village Manager and the Village Attorney are authorized to take any and
all action necessary to implement the Agreement.
Section 3. That the Agreement, in substantially the form attached hereto, is hereby approved
and the Manager is authorized to execute the Agreement on behalf of the Village.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of November, 1999.
CONCHITA H. ALVAREZ, CMC, VILLAGE CI
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APPROVED AS TO FORM AND LEGAL SUFFICIENC
RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE I. RASCO
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT -ENGINEER
STATE PROJECT NO.: VKB-98069000
STATE MV DESIGNATION: A
PROJECT NAME AND LOCATION: POLICE STATION & ADMINISTRATIVE
OFFICE BUILDING,
VILLAGE OF KEY BISCAYNE, FLORIDA
CONTRACTOR: TO BE DETERMINED
ARCHITECT -ENGINEER: SPILLIS CANDELA & PARTNERS, INC., A
DELAWARE CORPORATION LICENSED TO
DO BUSINESS IN THE STATE OF FLORIDA,
800 DOUGLAS ENTRANCE,
CORAL GABLES, FLORIDA 33134
(305) 444-4691 PHONE
(305) 447-3580 FAX
reinarmanp@ sc. dmj m. com
Jeb Bush,
Governor
Tom McGurk,
Secretary
AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT -ENGINEER
THIS AGREEMENT
made this day of November in the year Nineteen Hundred and Ninety Nine
BY AND BETWEEN BUILDING CONSTRUCTION, DEPARTMENT OF MANAGEMENT SERVICES, STATE
OF FLORIDA, the AGENT for the OWNER, and SPILLIS CANDELA & PARTNERS. INC., A DELAWARE
CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF FLORIDA, 800 DOUGLAS ENTRANCE,
CORAL GABLES, FLORIDA 33134. Federal Tax I.D. Number: 95-4739674, the ARCHITECT -ENGINEER.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
1.1
The Architect -Engineer accepts the relationship of trust and confidence established between him and the
Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to
cooperate with the Client Agency and the Contractor in furthering the interests of the Owner. He agrees
to provide professional services and to use his best efforts to complete the project in the best and soundest
way and in the most expeditious and economical manner consistent with the interest of the Owner.
1.2 The Construction Team - The Contractor, the Owner, the Client Agency and the Architect -Engineer, called
the "Construction Team", shall work from the beginning of planning through final construction completion
and shall be available thereafter should additional services be required. The Architect -Engineer will provide
leadership during the design phase with support from the Contractor, and the Contractor shall provide
leadership to the Construction Team on all matters relating to construction.
The specific representatives of the Construction Team are shown in the attached Exhibit A, which Exhibit
A by reference and attachment hereto forms a part of this Agreement.
1.3 Extent of Agreement - This Agreement for professional services for State Project Number VKB-98069000
entitled "Police Station & Administrative Office Building. Village of Key Biscayne. Florida", represents the
entire Agreement between the Owner and the Architect -Engineer. The scope of services is listed in Article
3.3 and as defined in the following Articles. The balance of the design services listed herein are not
applicable at this time, but may be added at a later date by mutual agreement of all parties and an
Amendment to this Agreement. This Agreement shall not be superseded by any provisions of the
documents for construction and may be amended only by written instrument signed by both the Owner and
the Architect -Engineer.
1.4 Definitions:
Project - The Project is the total work to be performed under this Agreement. The Project consists of
planning, and Schematic design, as identified in the following applicable Articles.
Agent - The State of Florida, Department of Management Services, Building Construction, acting through
its Secretary or those persons designated by the Secretary to act in his behalf, as Agent for the Owner
pursuant to the Client Agreement dated August 10. 1999.
Owner — The entity that will occupy, use and own the project upon substantial completion is The Village
of Key Biscayne. The funds with which the compensation of the architects, engineers, contractors, etc., will
be paid are under the control of the The Village of Key Biscayne. These funds will be paid to the
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Architect -Engineers and Contractors upon approval of each payment by Building Construction, the State
of Florida. All duties of the Owner hereinafter shall be performed by Building Construction acting in the
capacity as Agent to the Owner.
Construction Manager - TO BE ASSIGNED
Architect -Engineer — Spillis Candela & Partners. Inc.. A Delaware Corporation Licensed to Do Business
in the State of Florida, 800 Douglas Entrance, Coral Gables, Florida 33134.
Project Director - The person designated by the Owner to provide direct interface with the Architect -
Engineer with respect to the Owner's responsibilities.
Owner's Representatives - The Project Director, his superiors or his designee.
Client: The Owner who will occupy and utilize the completed project.
a. Owner's Construction Budget: Owner's funds budgeted and requested for construction of the Project.
The Owner's
Construction Budget is $ * , identified in Exhibit B, including all Contractor management
fees, costs of the work and the Owner's and Contractor's construction and interface contingencies. This
Exhibit B by reference and attachment hereto forms a part of this Agreement.
1.6 Owner's Project Budget: The Owner's funds budgeted and requested for the development of the project
including the construction budget and all other fees, land acquisition costs, furnishings, equipment and other
costs necessary to develop the project. The project budget is $ * . The component
parts are shown in the attached Exhibit C, which Exhibit C by reference and attachment hereto forms a part
of this Agreement.
1.7 Architect -Engineer's Personnel - The Architect -Engineer's key personnel shall be as shown by Exhibit A.
The Architect -Engineer shall not deviate from these key personnel without first obtaining the written consent
of the Owner. If key personnel leave the Architect -Engineer firm, the replacement's resume must be
reviewed by the Owner.
ARTICLE 2
COMPENSATION
THE OWNER AGREES TO PAY THE ARCHITECT -ENGINEER AS COMPENSATION FOR HIS SERVICES:
2.1 For his Basic Services prescribed in Article 3, Sections 3.1 through 3.7.1 (18) hereinafter, the lump sum
amount of $ 29.261.00, to be paid as prescribed in Article 9.1 hereinafter. -
2.2 For Additional Services defined in Article 4 hereinafter to be paid as a Lump Sum, the Lump Sum
prescribed in the authorization. Exhibit H identifies allowances for proposed additional services.
2.3 For Additional Services defined in Article 4 hereinafter to be paid as a multiple of Actual Payroll Costs,
the multiples shown below shall be applied to the Actual Payroll Costs for those Additional Services defined
in Article 4 hereinafter. Actual Payroll Costs shall be defined as the cost of salaries or wages paid directly
to personnel engaged on the Project. The multiples being applied to the Actual Payroll Costs cover
overhead, profit and fringe benefits such as, but not limited to, social security contributions, unemployment
taxes, excise taxes, payroll taxes, worker's compensation, health and retirement benefits including ESOP
Expenses, bonuses, sick leave, vacation and holiday pay. The Overhead, Profit & Fringe Benefit Multiplier
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for Firms not listed below will be approved by the Owner's Project Director when authorizing additional
services required for the project.
*To be determined at a later date.
FIRM
OVERHEAD, PROFIT & FRINGE
BENEFIT MULTIPLIER
Spillis Candela & Partners. Inc. 2.95
2.4 Reimbursable expense as defined in Article 8 hereinafter, not exceeding the limits of Section 112.061 of
the Florida Statutes.
ARTICLE 3
ARCHITECT -ENGINEER'S BASIC SERVICES
3.1 THE ARCHITECT -ENGINEER AGREES TO PROVIDE BASIC PROFESSIONAL SERVICES FOR THE
PROJECT AS HEREINAFTER SET FORTH.
*3.2 MASTER PLANNING
(1) The Architect -Engineer shall consult with the Owner to ascertain the requirements.
(2) He shall provide the services prescribed in the attached Exhibit D, which Exhibit D by reference
and attachment hereto forms a part of this Agreement.
(3) He shall submit to the Owner for review and approval the Periodic Work Products prescribed in
the attached Exhibit E, which Exhibit E by reference and attachment hereto forms a part of this
Agreement.
3.3 SCHEMATIC DESIGN PHASE
(1) The Architect -Engineer shall prepare, from the approved Programming Phase Documents, the
Schematic Design Studies for all components as necessary to achieve a solution acceptable to the
Owner. The Design Studies shall consist of sketches, concepts, organization, orientation,
relationship to existing and future facilities, energy conservation approaches and equipment
parameters necessary to clearly define the general scope and direction of the project.
(2) The Architect -Engineer shall coordinate the development with the Contractor and provide to the
Owner a review and comment of the Contractor's estimates.
(3) The Architect -Engineer shall provide and distribute 10 hard (paper) copies and 1 electronic
copy of the Schematic Design Studies Documents for review and comment as directed by the
project director.
*3.4 DESIGN DEVELOPMENT PHASE
(1) The Architect -Engineer shall prepare, from the approved Schematic Design Studies Documents,
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the Design Development Documents consisting of plans, elevations and other drawings, including
perspective sketches and outline specifications to fix and illustrate the size and character of the
entire project in its essentials as to kinds of materials, type of structure, mechanical, electrical
systems, civil/sitework and such other work as may be required.
The data included shall be sufficient to firmly fix the scope of the project, enabling the Contractor
to provide the Owner with a Guaranteed Maximum Price for construction.
*Not applicable at this time but may be added at a later date by mutual agreement of all parties
and an Amendment to this Agreement.
(2) The Architect -Engineer shall coordinate the development with the Contractor and provide the
Owner with a review and comments of the Contractor's estimates and Guaranteed Maximum Price.
(3)
The Architect -Engineer shall provide and distribute 10 hard (paper) copies and 1 electronic
copy of the Design Development Documents for review and comment as directed by the project
director.
*3.5 CONSTRUCTION DOCUMENTS PHASE
(1) The Architect -Engineer shall prepare, from the approved Design Development Documents, Contract
Documents consisting of Working Drawings and Specifications and setting forth in detail the work.
(2) The Contract Documents shall be prepared in Bid Groups for specific work as designated by the
Contractor with the Agreement of the Construction Team.
(3)
The nontechnical documents consisting of the necessary bidding information, General Conditions
of the Contract, Supplementary General Conditions of the Contract, Division one of the
specifications, proposal and contract form shall be prepared by the Contractor. The Architect -
Engineer shall review and provide the Owner his comments on these documents. Such documents
shall not place any responsibility or obligation on the Architect -Engineer that are not already in
this contract.
(4) The Architect -Engineer shall provide and distribute 10 hard (paper) copies and 1 electronic
copy of the Contract Documents for each Bid Group for review and comment, including the
nontechnical documents, as directed by the project director.
(5)
Upon approval by the project director of the Contract Documents for each bid group, the Architect -
Engineer shall furnish to the Contractor mylar prints of all drawings and camera ready copy of all
specification data.
(6) The Architect -Engineer will provide the Owner with two copies of the documents for each bid
group, which shall be properly sealed and forwarded to the Project Director and FCO Manager.
Copies of the Contract Documents for the Architect -Engineer's use will be the responsibility of the
Architect -Engineer. Upon approval of the Contract Documents, the Architect -Engineer will furnish
the Owner with 2 copies of the CADD Documents as described in Article 3.6 (11) hereinbelow.
(7)
The Architect -Engineer, consulting with the Construction Team, shall prepare necessary addenda
to each Bid Group and provide mylars or camera ready copy of each as appropriate to the
Contractor. All addenda, prior to distribution, shall be approved by the Project Director. Copies
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of each addendum, properly sealed, shall be forwarded to the Project Director and FCO Manager.
(8) The Architect -Engineer shall cooperate in the development of each bid group with the Contractor
and provide to the Owner review and comments on the Contractor's prebid estimate of each bid
group package.
(9)
The Architect -Engineer shall provide Contract documents (Design Documents, Specifications, etc.)
which conform to applicable building codes (see Chapter 60D-7, Florida Administrative Code) and
zoning codes and generally accepted construction industry standards.
The Architect -Engineer shall signify his responsibility for the Contract Documents prepared
pursuant to this Agreement by affixing his signature, date and seal thereto as required by Chapters
471 and 481, Florida Statutes. If the facility being constructed meets the definition of a threshold
building as defined in Chapter 553.71(7), Florida Statutes, then the Architect -Engineer shall insert
the following
*Not applicable at this time but may be added at a later date by mutual agreement of all parties
and an Amendment to this Agreement.
statement on each sheet required by Chapters 471 and 481, Florida Statutes, to be signed, sealed
and dated by the Architect -Engineer:
To the best of my knowledge, the plans, specifications and addenda comply with the applicable
minimum building codes.
Where this Agreement provides for the Owner's approval of the Architect -Engineer's design
suggestions and decisions, such approval shall not relieve the Architect -Engineer of any
responsibility or warranty hereunder.
(10) When the facility being designed under this Agreement meets the definition of a threshold building
as defined in Chapter 533.71(7), Florida Statutes, the Architect -Engineer must prepare and submit
to the Owner's Permitting Section two (2) copies of a Threshold Building Inspection Plan. This
Threshold Building Inspection Plan must give specific inspection procedures and schedules so that
the building will be adequately inspected for compliance with the permitted construction
documents. Since a building permit for construction of a threshold building cannot be obtained
until this Threshold Building Inspection Plan has been submitted to the Owner's Permitting Section,
the Architect -Engineer must submit this Threshold Building Inspection Plan to the Owner's
Permitting Section simultaneously with the 100% Completed Construction Documents.
(11) The Architect -Engineer, whether utilizing a computer aided design and drafting application
(CADD) or a manual design and drafting technique, shall provide the Owner with two (2) sets of
disk files at the conclusion of 100% Construction Documents defined in Article 3.6(1). Drawing
files will be compatible with DOS or Windows release of "AutoCad 14" in a .dwg file format and
will contain all font, symbol, block and attribute files used to assemble the documents. Technical
specifications shall be in a Microsoft Word or ASCII file format suitable for acceptable translation
to Microsoft Word. Disk files may be submitted on high density 1.2 megabyte or 1.44 megabyte
flexible media, with the contents of each disk appropriately labeled. Layering of drawing files will
conform to the "CADD Layering Guidelines", Recommended Designations for Architecture,
Engineering and Facility Management; Computer -Aided Design", published by the American
Institute of Architects. The Architect -Engineer shall also provide with the disk files a directory
of the layers used and the identification of each layer.
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(12) The electronic files to be delivered under this Agreement contain information to be used for the
production of contract documents for the Police Station & Administrative Office Building, Village
of Key Biscayne, Florida project and are provided as an accommodation to Owner. The official
Contract Documents of record are those paper, mylar, or vellum documents produced by the
Architect -Engineer which bear the company seal and signatures. The electronic files to be
delivered under this Agreement are not Contract Documents.
These files were created to supplement the official Contract Documents. Due to the possibility that
files of this nature can be modified, either unintentionally or otherwise, or that the information
contained in these files can be used in a manner for which they were not originally intended,
Architect -Engineer makes no representation that the files, after delivery, will remain an accurate
representation of the source data in the Architect -Engineer's possession, or are suitable for any
other purpose or use, and all indications of Architect -Engineer's (and its subconsultants')
involvement shall be removed from each electronic display and shall not be included in any prints
produced therefrom.
Owner understands and agrees that the right to use the electronic files provided under the
Agreement is specifically limited to same; Architect -Engineer does not have the right to sub -lease
for Owner's use any software required to access the electronic files, and no such license is granted
hereby. Owner acknowledges its responsibility to obtain all hardware and software needed to
access the electronic files.
3.6 BIDDING PHASE
(1) The Contractor shall be responsible for administering the bidding of each Bid Group.
(2) The Architect -Engineer shall evaluate product equals at the request of the Contractor and make a
decision on each in a timely manner.
(3)
The Architect -Engineer shall attend the prebid conference and bid opening for each Bid Group.
(4) The Architect -Engineer will assist the Contractor in evaluating all bids received and provide
comment and recommendation to the Owner on each proposed authorization for work.
*3.7 CONSTRUCTION PHASE
3.7.1 Construction Phase - Administration of the Construction Contract Work under Contract to Contractor.
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(1) The Construction Phase will commence with a written authorization from the Contracts
Administrator for Construction to begin and, together with the Architect -Engineer's obligation to
provide Basic Services under this Agreement, will terminate when final payment to the Contractor
is made, or in the absence of a final Certificate for Payment or of such due date, 30 days after the
date of Substantial Completion of the total project, whichever occurs first.
(2) Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the
Architect -Engineer shall provide administration for the Construction contract as set forth below and
in the Conditions of the Contracts for Construction, as developed by the Contractor with the
approval of the Architect -Engineer and Owner.
(3)
The Architect -Engineer shall be a representative of the Owner during the Construction, and shall
advise and consult with the Owner. Instructions to the Contractor shall be forwarded through the
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Architect -Engineer. The Architect -Engineer shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents unless otherwise modified by written
instrument in accordance with Subparagraph (18).
(4) The Architect -Engineer shall provide periodic visits to the site as prescribed in Exhibit F to be
generally familiar with the progress and quality of the Work and to determine in general if the
Work is proceeding in accordance with the Contract Documents. This Exhibit F by reference and
attachment hereto forms a part of this Agreement. On the basis of such on -site observations of the
Architect -Engineer, the Architect -Engineer shall keep the Owner informed of the progress and
quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the
Work of the Contractor.
(5)
The Architect -Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work, for acts or omissions of the Contractor, subcontractor or
any other persons performing any of the Work, or for failure of any of them to carry out the Work
in accordance with the Contract Documents. The Architect -Engineer shall not be responsible for
the Contractor.
(6) The Architect -Engineer shall at all times have access to the Work wherever it is in preparation or
progress.
(7)
(8)
•(9)
*Not applicable at this time but may be added at a later date by mutual agreement of all parties
and an Amendment to this Agreement.
Based on the Architect -Engineer's observations at the site, the recommendations of the Contractor
and an evaluation of the Application for Payment, the Architect -Engineer shall determine the
amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts, as
provided in the Contract Documents.
The issuance of a Certificate for Payment shall constitute a representation by the Architect -
Engineer to the Owner that, based on the Architect's observation at the site and on the data
comprising the Application for Payment. Work has progressed to the point indicated; that, to the
best of the Architect's knowledge, information and belief, the quality of Work is in accordance with
the Contract Documents (subject to an evaluation of Work for conformance with the Contract
Documents upon Substantial Completion, to the results or any subsequent tests required by or
performed under the Contract Documents, to minor deviations from the Contract Documents
correctable prior to completion, and to any specific qualifications stated in the Project Certificate
for Payment); and that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Architect -Engineer has
made any examination to ascertain how or for what purpose the Contractor has used the monies
paid on account of the Contract Sum.
Should disagreement occur between the Contractor and Architect -Engineer over acceptability of
work and conformance with the requirements of the specifications and plans, the Project Director
shall be the final judge of performance and acceptability.
(10) All interpretations and decisions of the Architect -Engineer shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents, and shall be in writing or in graphic form.
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(11) The Architect -Engineer's decision in matters relating to artistic effect shall be final if consistent
with the intent of the Contract Documents. The Architect -Engineer's decisions on any other claims,
disputes or other matters, including those in question between the Owner and the Contractor, shall
be subject to claims provisions provided in this Agreement and in the Contract Documents.
(12) The Architect -Engineer shall have authority to reject Work which does not conform to the Contract
Documents. Whenever, in the Architect -Engineer's reasonable opinion, it is necessary or advisable
to insure conformance with the provisions of the Contract Documents, the Architect -Engineer shall
have authority to require special inspection or testing of Work in accordance with the provisions
of the Contract Documents, whether or not such work be then fabricated, installed or completed;
but the Architect -Engineer shall take such action only after consultation with the Contractor and
Owner..
(13) The Architect -Engineer shall receive submittals such as Shop Drawings, Product Data and Samples
from the Contractor and shall review and approve or take other appropriate action upon them, but
only for conformance with the design concept of the Project and with the information given in the
Contract Documents. Such action shall be taken with reasonable promptness so as to cause no
delay. The Architect -Engineer's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
(14) The Architect -Engineer shall review and approve or take other appropriate action on Change Orders
prepared by the Contractor for the Owner's authorization in accordance with the Contract
Documents.
-(15) The Architect -Engineer shall have authority to order minor changes in Work not involving an
adjustment in a Contract Sum or an extension of a Contract Time and which are not inconsistent
with the intent of the Contract Documents. Such changes shall be effected by written order issued
to the Contractor endorsed by the project director.
(16) The Architect -Engineer, assisted by the Contractor, shall conduct inspections to determine the dates
of substantial completion and final completion and shall issue appropriate Certificates.
(17) The Architect -Engineer shall assist the Contractor in receiving and forwarding to the Owner written
warranties and related documents assembled by the Contractors.
(18) The extent of the duties, responsibilities and limitations of authority of the Architect -Engineer as
a representative of the Owner during construction shall not be modified or extended without the
written consent of the Owner.
ARTICLE 4
ADDITIONAL SERVICES OF THE ARCHITECT -ENGINEER
4.1 The following services cause the Architect -Engineer extra expense. If any of these services are previously
authorized in writing by the Owner (Contracts Administrator, or FCO Manager, or Project Director), they
shall be paid for by the Owner as a Lump Sum or as a Multiple of Direct Personnel Expense, whichever
is specified in the authorization.
4.2 Additional services due to significant changes in general scope of the Project or its requirements including,
but not limited to, changes in size, complexity, or character of construction.
4.3 Revising previously approved drawings or specifications to accomplish changes.
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4.4 Providing Detailed Cost Estimates.
4.5 When required by the Owner, preparing documents for Change Orders.
4.6 Consultation concerning replacement of any work damaged by fire or other cause during construction and
furnishing professional services of the types set forth in Article 3 as may be required in connection with
the replacement of such work.
4.7 Arranging for the work to proceed should the Contractor default due to delinquency or insolvency.
4.8 Providing prolonged contract administration and observation of construction should the construction contract
time be exceeded by more than 60 days due to no fault of the Architect -Engineer. The Architect -Engineer's
efforts necessary to accomplish Substantial Completion and Final Completion inspections are included as
a basic service and shall not be considered as an item of prolonged contract administration and observation,
regardless of when performed.
4.9 Revising drawings to show changes made during the construction process, based on marked up prints,
drawings and other data furnished by the Contractor.
4.10 Project Representation Beyond Basic Services.
(1)
If the Owner and the Architect -Engineer agree that more extensive representation at the site than
is described in Article 3.7 shall be provided, the Architect -Engineer shall provide one or more
additional Project Representatives to assist the Architect -Engineer in carrying out such
responsibilities at the site.
(2) Such Project Representatives shall be selected, employed and directed by the Architect -Engineer,
and the Architect -Engineer shall be compensated therefore as mutually agreed between the Owner
and the Architect -Engineer, as set forth in an authorization under this Agreement, which shall
describe the duties, responsibilities and limitations of authority of such Project Representatives.
(3)
Through the observations of such Project Representatives, the Architect -Engineer shall endeavor
to provide further protection for the Owner against defects and deficiencies in Work, but the
furnishing of such Project representation shall not modify the rights, responsibilities or obligations
of the Architect -Engineer as described in Article 3.7.
4.11 Services of special consultants, for other than the normal structural, mechanical and electrical engineering
services, and services of estimators making detailed cost estimates.
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4.12 Services of consultants providing surveys, subsurface investigations and testing.
4.13 Additional services in connection with the Project not otherwise provided for in this Agreement.
ARTICLE 5
TIME
The Architect -Engineer shall perform Basic and Additional Services as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. The project schedule shown as Exhibit
G shall be amplified in further detail by the Contractor with the agreement of the Architect -Engineer which
agreement shall not be unreasonably withheld.
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ARTICLE 6
THE OWNER'S RESPONSIBILITIES
6.1 The Owner shall provide full information as to his requirements for the Project.
6.2 The Owner shall designate representatives authorized to act in his behalf. He shall examine documents
submitted by the Architect -Engineer and render decisions pertaining thereto promptly to avoid unreasonable
delay in the progress of the Architect -Engineer's work. He shall observe the procedure of issuing orders
to Contractor only through the Architect -Engineer.
6.3 The Owner shall retain a Contractor to manage the Project. The Contractor's services, duties and
responsibilities will be as described in the Agreement Between Owner and Contractor. The Terms and
Conditions of the Owner/Contractor Agreement will be furnished to the Architect -Engineer and will not be
modified without notification of the Architect -Engineer.
6.4 The Owner shall furnish a certified survey of the site giving, as required, grades and lines of streets, alleys,
pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the building site; locations, dimensions and complete data pertaining
to existing buildings, other improvements and trees; full information as to available service and utility lines,
both public and private; and test borings and pits necessary for determining subsoil conditions.
6.5 The Owner shall pay for structural; chemical, mechanical, soil mechanics or other tests and reports, if
required.
6.6 The Owner shall arrange and pay for such legal, auditing and insurance counseling services as may be
required by the Owner for the Project.
6.7 If the Owner observes or otherwise becomes aware of any defect in the Project, he shall give prompt written
notice thereof to the Architect -Engineer and Contractor.
6.8 If the estimate of Construction Cost or Detailed Cost Estimates are in excess of any limit stated herein, the
Owner may give written approval of an increase in the limit or he shall cooperate in revising the project
scope or quality, or both, to reduce the cost as required.
ARTICLE 7
• CONSTRUCTION COST
7.1 DEFINITION
(1) The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the
Project designed or specified by the Architect -Engineer. The construction cost shall not exceed
the Owner's Construction Budget. The Owner's construction budget is set forth in Article 1 and
Exhibit B.
(2) The Construction Cost shall also include the cost of labor and materials furnished by the Owner
and any equipment which has been designed, specified, selected or specially provided for by the
Architect -Engineer. It shall also include the Contractor's compensation for services, Reimbursable
Costs and the cost of work provided by the Contractor.
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(3)
Construction Cost does not include the compensation of the Architect -Engineer and the Architect -
Engineer's consultants, the cost of the land, rights -of -way, or other costs which are the
responsibility of the Owner.
7.2 RESPONSIBILITY FOR CONSTRUCTION COST
(1) The Architect -Engineer, as a design professional familiar with the construction industry, shall assist
the Contractor in evaluating the Owner's Project budget and shall review the estimates of
Construction Cost prepared by the Contractor. It is recognized, however, that neither the Architect -
Engineer, nor the Owner has control over the cost of labor, materials or equipment, over the
Contractors' method of determining Rid prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Architect -Engineer cannot and does not warrant or represent that Bids
or negotiated prices will not vary from the Project budget proposed, established or approved by
the Owner, or from the estimate of Construction Cost or other cost estimate or evaluation prepared
by the Contractor.
(2) No fixed limit of Construction Cost shall be established as a condition of this Agreement by the
furnishing, proposal, or establishment of a Project budget, unless such fixed limit has been agreed
upon. If such a fixed limit has been established, the Contractor will include contingencies for
design, bidding and price escalation and the Contractor will consult with the Architect -Engineer
to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project,
and to include in the Contract Documents alternate Bids to adjust the Construction Cost to the
fixed limit.
(3)
If Bids are not received within the time scheduled at the time the fixed limit of Construction Cost
was established due to causes beyond the Architect -Engineer's control, any fixed limit of
Construction Cost established as a condition of this Agreement shall be adjusted to reflect any
change in the general level of prices in the construction industry between the originally scheduled
date and the date on which Bids are received.
(4) If a fixed limit of Construction Cost is exceeded by the sum of the lowest figures from bona fide
Bids of negotiated proposals, plus the Contractor's estimate of other elements of Construction Cost
for the Project, the Owner shall (1) give written approval of an increase in such fixed limit, (2)
authorize rebidding or renegotiation of the Project or portions of the Project within a reasonable
time, or (3) cooperate in revising the Project scope and quality as required to reduce the
Construction Cost. In the case of Item (3) the Architect -Engineer shall modify the Drawings and
Specifications as necessary to comply with the fixed limit, without additional cost to the Owner
if the Architect has concurred in the Contractor's estimate of Construction Cost. The providing of
such service shall be the limit of the Architect -Engineer's responsibility arising from the
establishment of such fixed limit, and having done so, the Architect -Engineer shall be entitled to
compensation for all services performed in accordance with this Agreement, whether or not the
Construction Phase is commenced.
(5)
The ability of the owner 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
architect -engineer to be required, at no additional charge to OWNER, to revise the project design
at architect -engineers own cost and expense in accordance with the requirements of this Agreement
until a contract can be awarded within the Project amount budgeted.
ARTICLE 8
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REIMBURSABLE EXPENSES
8.1 Reimbursable Expenses include actual expenditures, not incidental to the services defined in Article 3, not
exceeding the limits of Section 112.061 of Florida Statutes, made by the Architect -Engineer in the interest
of the Project for the following incidental expenses. All reimbursable expenses require previous written
authorization from the Owner (the Contracts Administrator or the FCO Manager, or the Project Director).
(1) Expense of transportation and living of principals and employees when traveling in connection with
services other than those defined in Article 3; long distance Communications, reproduction of
drawings and specifications, excluding copies for Architect -Engineer's office use; and fees paid
for securing approval of authorities having jurisdiction over the Project.
(2) Premium portions of overtime.
(3)
Expense of any additional insurance coverage or limits, including professional liability insurance,
requested by the Owner in excess of that normally carried by the Architect -Engineer and the
Architect -Engineer's consultants.
(4) Renderings or Models for Owner's use.
ARTICLE 9
PAYMENTS TO THE ARCHITECT -ENGINEER
9.1 PAYMENTS ON ACCOUNT OF ARCHITECT -ENGINEER'S SERVICES
(1) Payments against the following Lump Sum portions of he Basic Services Fee shall be made
monthly in proportion to the percentage of each completed during the previous months:
Schematic Design Studies Phase $ 29.261.00
Total $ 29.261.00 (100%)
(2) Payments for Additional Services of the Architect -Engineer as defined in Article 4 hereinabove as
a Lump Sum shall be made as prescribed in the Authorization.
(3) Payments for Additional Services of the Architect -Engineer's services as defined in Article 4
hereinabove as a Multiple of Actual Payroll Costs, and for Reimbursable Expense as defined in
Article 8 hereinabove, shall be made monthly upon presentation of a detailed invoice.
•
(4) Forty (40) calendar days shall be allowed for the Owner's inspection and approval of the goods and
services for which any invoice has been submitted.
9.2 PAYMENTS WITHHELD
(1)
No deductions shall be made from the Architect -Engineer's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractor, or on account of changes
in Construction Cost other than those for which the Architect is held legally liable.
(2) The Architect -Engineer shall not withhold payments to consultants if such payments have been
made to the Architect -Engineer by the Owner. Should this occur for any reason, the Architect -
Engineer shall immediately return such monies to the Owners, adjusting pay requests and project
bookkeeping as required.
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9.3 PROJECT SUSPENSION OR ABANDONMENT
If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall
be compensated for all services performed prior to receipt of written notice from the Owner of
such abandonment, together with Reimbursable Expenses then due.
ARTICLE 10
ARCHITECT -ENGINEER'S ACCOUNTING RECORDS
Records of the Architect -Engineer's Direct Personnel Expenses, Consultant, and Reimbursable Expense pertaining
to this project shall be kept on a generally recognized accounting basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
ARTICLE Il
TERMINATION OF AGREEMENT
11.1 Termination For Cause Or Mutual Agreement
This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement, or
should one party fail substantially to perform in accordance with its terms through no fault of the other.
Also, this Agreement may be unilaterally terminated by the Owner for refusal by the Architect -Engineer
to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter
119, Florida Statutes, and made or received by the Architect -Engineer or his consultants in conjunction with
this Agreement. In the event of termination, due to the fault of others than the Architect -Engineer, the
Architect -Engineer shall be paid for services performed to termination date, including reimbursements then
due plus proven terminal expense.
11.2 Termination For Convenience
The performance of work under this contract may be terminated by the Owner in accordance with this
clause in whole, or from time to time in part, whenever the Owner shall determine that such termination
is in the best interest of the Owner. Upon termination, the Architect -Engineer shall be entitled to payment
and profit for work completed to the time of termination, only. The percentage of completion shall be
determined by the Owner, based upon the approved Schedule.
ARTICLE 12
REUSE OF DOCUMENTS
The Documents prepared pursuant to this Agreement shall not be used on other projects except by agreement in
writing. The Owner may, at his own expense, obtain a set of reproducible record prints of drawings and other
documents, or if required by the Owner, the Architect -Engineer shall deliver to the Owner the original tracings, but
in such event the Owner at his own expense shall furnish the Architect -Engineer with a set of reproducible record
prints thereof.
ARTICLE 13
SUCCESSORS AND ASSIGNS
The Owner and the Architect -Engineer each binds himself, his partners, successors, assigns and legal representatives
13
to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other
party in respect of all covenants of this Agreement. Neither the Owner nor the Architect -Engineer shall assign,
sublet or transfer his interest in this Agreement without the written consent of the other.
ARTICLE 14
CLAIMS AND DISPUTES
The provisions of Title 28, Florida Administrative Code are referred to and adopted by reference as though set forth
herein.
Under the terms of this contract the Architect -Engineer shall not have any right to compensation other than, or in
addition to, that provided by this contract to satisfy any claim of any kind whatsoever unless the claim therefor is
delivered to the Owner within ninety (90) days from the date on which the act or event constituting the basis of such
claim occurs. Failure to present any claim arising under this contract within the ninety (90) day time period specified
above shall constitute waiver and abandonment of claimant's right to seek administrative consideration of said claim.
All such claims shall set forth in a petition addressed to the Owner stating:
(1) The Architect -Engineer's name and business address;
(2) A concise statement of the ultimate facts, including a statement of all disputed issues of material
fact, upon which the claim is based;
(3)
A concise statement of the provisions of the contract, together with any federal, state and local
laws, ordinances or code requirements or customary practices and usages in the trade or profession
asserted to be applicable to the questions presented by the claim; and
(4) A demand for that specific relief to which the Architect -Engineer deems himself entitled.
Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shall provide the Architect -
Engineer its written response stating Owner's position with respect to each claim asserted. Thereafter, upon not less
than fifteen (15) days notice to the claimant, the Department shall convene a proceeding pursuant to the rules of
procedure of the Department and shall thereafter enter a final order upon the petition.
The venue for all civil and administrative actions against the department shall be in Dade County, unless otherwise
agreed by the parties.
ARTICLE' 15
PROHIBITION AGAINST CONTINGENT FEES
"The Architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for the architect (or registered
land surveyor, or professional engineer, as applicable) to solicit or secure this agreement and that he has not paid
or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working
solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without
liability and, at his discretion, to deduct from the Basic Services Compensation, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration".
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ARTICLE 16
SPECIAL PROVISIONS
16.1 The Architect -Engineer must use the latest edition of the Professional Services Guide (PSG) provided by
Facilities Development, Department of Management Services, State of Florida. It is furnished to assist the
Architect -Engineer in the performance of his services under this Agreement. Since this document is merely
a guide, the Architect -Engineer must discuss the specific requirements of this project with the Owner's
Project Director and utilize only those portions of this document which apply. The Architect -Engineer
should request the latest edition of the PSG and the Project Director will provide a copy.
16.2 Monthly Reports:
(1) It shall be the responsibility of the Architect -Engineer to fully inform the Owner of the progress
of the Planning and Design. To this end the Architect -Engineer shall furnish the Owner (Project
Director and Manager of Project Development) with a complete and descriptive status report and
a forecasted completion schedule at the end of each month following the receipt of the signed
contract document. The Architect -Engineer shall furnish these reports until a contract award is
made for construction at which time the reports described in (2) shall be furnished.
(2) The Architect -Engineer shall complete Division of Building Construction Monthly Construction
Report each and every month based on knowledge obtained through observation of the construction
work. The Architect -Engineer shall submit this report to Division of Building Construction,
(Project Director, and Manager of Project Development) on or before the first day of each month.
16.3 The Architect -Engineer shall take minutes of all meetings held with the Owner and/or Client Agency and
shall provide copies of the same to the Owner and Client Agency within ten (10) days following such
meetings.
16.4 Bills; Travel Expenses
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof. Bills for any travel expenses shall be submitted in accordance with
procedures specified in Section 112.061 of the Florida Statutes governing payments by the State for travel
expenses. Travel expenses, when authorized, may be reimbursed in an amount not to exceed the maximum
amount established in Section 112.061.
16.5 By execution of this Agreement, the Architect -Engineer certifies that the wage rates and other factual unit
costs supporting the Basic Services compensation specified in Article 2, Section 2.1 are accurate, complete
and current at the time of negotiations for this Agreement; and that any wage rates or other factual unit
costs furnished the Owner in the future to support additional service proposals will also be accurate,
complete and current at the time of submitting such proposals. The Architect -Engineer agrees that Basic
Services Compensation and any authorized additional service compensation shall be adjusted to exclude any
significant sums by which the Owner determines such compensations were increased due to inaccurate,
incomplete or noncurrent wage rates and other factual unit costs. The Owner and the Architect -Engineer
agree that all such adjustments in compensation shall be made within one year following completion of the
services covered by this Agreement.
16.6 Architect -Engineer's Payment Rights
Architect -Engineers providing goods and services to the Owner should be aware of the following time
frames. Upon receipt, the Owner has forty (40) calendar days to inspect and approve the goods and services
(see Article 9.1(4) hereinabove). The Owner has twenty (20) days to deliver a request for payment
(voucher) to the Department of Banking And Finance. The 20 days are measured from the latter of the date
15
the invoice is received or the goods or services are received, inspected and approved.
If the payment is not available to the Owner for transmittal to the Architect -Engineer within 40 days, a
separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and
payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the
Agency's Fiscal Section at (850) 487-9891. The 40 days are also measured from the latter of the date the
invoice is received or the goods or services are received, inspected and approved. Interest penalties of less
than one (1) dollar will not be enforced unless the Architect -Engineer requests payment. Invoices which
have to be returned to an Architect -Engineer because of Architect -Engineer preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the Owner.
A Vendor Ombudsman has been established within the Department of Banking And Finance. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)410-9354 or
by calling the State Comptroller's Hotline, 1-800-848-3792.
16.7 Public Entity Crime Information Statement
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods and services to a public entity, may
not submit a bid on a contract with a public entity, for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
16.8 Unauthorized Aliens
The Department shall consider the employment by any contractor of unauthorized aliens a violation of
section 274A(e) of the Immigration and Nationalization Act. Such violations shall be cause for unilateral
cancellation of this contract.
16.9 Contracts Which Require Annual Appropriation; Contingency Statement
No executive branch public officer or employee shall enter into any contract on behalf of the State, which
contract binds the State or its executive agencies for the purchase of services or tangible personal property
for a period in excess of 1 fiscal year, unless the following statement is included in the contract: "The State
of Florida's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature. -
16.10 Indemnification And Waver of Liability
The Architect -Engineer agrees, to the fullest extent permitted by law, to indemnify and hold the Agent and
Owner harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of
defense) to the extent caused by the Design Professional's negligent acts, errors or omissions in the
performance of professional services under this Agreement and those of his or her subconsultants or anyone
for whom the Design Professional is legally liable.
The Architect -Engineer is not obligated to indemnify the Agent or Owner in any manner whatsoever for
the Agent's or Owner's own negligence.
16
The Architect -Engineer hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other
good and valuable consideration from the Agent and Owner in exchange for giving the Agent and Owner
the indemnification provided herein.
16.11 Insurance Requirements
The Architect -Engineer shall maintain during the terms, except as noted, of this Agreement the following
insurance:
A. Professional Liability Insurance in the amount of $1,000,000.00, with deductible per claim not
to Exceed $100,000.00, which shall be the limit of liability providing for all sums which the
Architect -Engineer shall become legally obligated to pay as damages for claims arising out of the
services performed by the Architect -Engineer or any person employed by him in connection with
this Agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any WORK covered by this Agreement. However, the Architect -
Engineer may purchase Specific Project Architect's/Engineer's Professional Liability Insurance
which is also acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including automobile
liability, completed operations and products liability, contractual liability, severability of interests
with cross liability provision, and personal injury and property damage liability with limits of
$300,000.00 combined single limit per occurrence for bodily injury and property damage. Said
policy or policies shall name Agent and Owner as additional insured and shall reflect the hold
harmless provision contained herein.
C. Workman's Compensation Insurance for the employees of Architect -Engineer as required by Florida
Statutes, Section 440, and employers' liability insurance with limits not less than $300,000.00.
D. Other (or increased amounts of) insurance which Agent and Owner shall from time to time deem
advisable or appropriate, at the Owner's expense. Such new or additional insurance to be effective
as of the sooner of 90 days after notice thereof or the next annual renewal of any policy being
increased (as applicable).
E. All policies for 16.11, except professional liability, and workers' compensation shall contain waiver
of subrogation against Agent and Owner where applicable, shall expressly provide that such policy
or policies are primary over any other collective insurance that Agent and Owner may have.
F. All of the above insurance is to be placed with Best -rated A-8 or better insurance companies,
qualified to do business under the laws of the State of Florida.
G. Except as to 16.11A and 16.11C, the Agent and Owner shall be named as and additional insured
under such policies, except professional liability. Said policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the Agent and
Owner. The Agent and Owner reserves the right to request a copy of required policies for review.
H. All policies shall provide for 30 days notice to Agent and Owner prior to cancellation or material
change.
16.12 Electronic Mail Capabilities
The Architect -Engineer must have electronic mail capabilities through the World Wide Web. It is the
17
intention of the Department of Management Services to use electronic communication whenever possible
for all projects. When possible, plans and specifications for review purposes will also be transmitted
electronically to the Department of Management Services. The Architect -Engineer shall provide its
electronic mail address and a name of a point of contact for electronic communications.
16.13 Hazardous Materials Disclaimer
Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling or
removal or disposal or exposure of persons to hazardous materials or wastes in any form at the Project site,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.
ARCHITECT -ENGINEER
Attest:
By
4-00
(Corporate Secretary's Signature)
As Witnessed:
By
APPR
By
(
orporate President's Signatur
Paul Reinarman
(Type Corporation President's Name)
SPILLIS CANDELA & PARTNERS, INC.,
A DELAWARE CORPORATION
LICENSED TO DO BUSINESS IN THE
STATE OF FLORIDA
(Type Corporation Name)
(Corporate Seal)
AGENT
As Witnessed: APPROVED:
By
H.R. Hough,
Contracts AdministrattSr,
Building Construction,
Department of Management Services
18
Approved As To Form And Legality:
As Witnessed:
By
p
By
Of)ice of General,Counsel,
Department of anagement Services
OWNER
VILLAGE OF KEY BISCAYNE
APPROVED:
By
C. Samuel Kissinger
Village Manager
Approved As To Form And Legality:
By /))
19
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Owner
Ralph Martinez
Torn Berley
H.R. Hough
Harold Barrand
Deborah Whitehouse
Client Agency
C. Samuel Kissinger
Judd Kurlancheek
Architect -Engineer
Paul Reinarman
R. Sixto
N. Gladstone
L. Klein
L. Valle
J. Bauza
J. Clarke
R. Lage
Contractor
To Be Determined
To Be Determined
To Be Determined
Project Director
Manager, South/Central Project Development
Section
Contracts Administrator
FCO Manager
Director
City Manager
Director, Building, Zoning & Planning Department
Project Principal
Project Manager
Project Architect
Senior Design Architect
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Civil Engineer
Project Executive
Project Manager
Project Superintendent
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGET
TOTAL CONSTRUCTION BUDGET $ To Be Determined
21
EXHIBIT C
OWNER'S PROJECT BUDGET
ARCHITECT -ENGINEER COMPENSATION (BASIC) SCHEMATICS $ 29,261.00
TOTAL $ 29,261.00
EXHIBIT D
MASTER PLAN SERVICES**
**Not applicable at this time.
EXHIBIT E**
PROGRAMMING PHASE DATA
*For submittal of the first Periodic Work Product, this will be the number of calendar days following authorization
for the Architect -Engineer to proceed with the project. For submittal of Periodic Work Products after the first, this
will be the number of calendar days following the Owner's approval of the previous Periodic Work Product.
**Not applicable at this time.
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EXHIBIT F*
PLANNED PERIODIC VISITS DURING CONSTRUCTION
INDIVIDUAL'S NAME INDIVIDUAL'S DISCIPLINE PLANNED PERIODIC VISITS
R. Sixto Architecture 12 Monthly Visits
N. Gladstone
HOURS
J. Clarke Structural 12 —4-Hour Visits 48
S. Donahue
R. Lage Civil 7 — 4 -Hour Visits 30
A. Marti
To Be Determined Plumbing 16 — 4 -Hour Visits 66
L. Valle HVAC
J. Bauza Electrical 20 4 -Hour Visits 80
C. Martinez
To Be Determined Architectural 20 — 4 Hour Visits 80
*Not applicable at this time but may be added at a later date by mutual agreement of all parties and an Amendment
to this Agreement.
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EXHIBIT G
PROJECT DESIGN SCHEDULE
TIME FROM NOTICE
TO PROCEED ACTION
8 Weeks Schematics Design Phase
*8 Weeks Design Development Phase
*10 Weeks Construction Document Phase
*6 Weeks Bidding & Negotiation
*12 Months Construction Administration
*Not applicable at this time but may be added at a later date by mutual agreement of all parties and an Amendment
to this Agreement.
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EXHIBIT H
PROPOSED ADDITIONAL SERVICES ALLOWANCES
Programming (If required)
See attachment #1 $14,000
FF&E (Furniture, Fixture, & Equipment Services)
See attachment #2
Fees to be determined once Program is complete. For the City's budgeting
purposes, the following sliding scale may be used:
FF&E cost less than $500,000:
FF&E cost $500,001 to $750,000:
FF&E cost $750,001 to $1,000,000:
FF&E cost $1,000,001 to $1,500,000
Consultant Allowances*
14% of FF&E cost
12% of FF&E cost
10% of FF&E cost
8% of FF&E cost
A. Landscape Architecture & Irrigation $24,800
Security $20,000
Management Information Systems (Cabling design) $12,000
* All consultant allowances are based on previous SCP experience on projects of similar scope. Fees are
additional beyond Basic Services.
Civil & Electrical Engineering Services for Right -of -Way Areas
See attachment #3 $75,000
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