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HomeMy Public PortalAbout2000-39 Authorizing an amendment to the agreement with Robert G. Currie Partnership for the Design of the Community CenterRESOLUTION NO. 2000-39 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH ROBERT G. CURRIE PARTNERSHIP FOR THE DESIGN OF THE COMMUNITY CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Village Civic Center comprises a Fire Station, Administration/Police Station with a parking garage, Community Center, Council Chamber/Theater Building, alignment of McIntyre Street with Galen Drive, construction of Village Green Way, and related infrastructure; and WHEREAS, the Village Council held Workshops on June 13, 2000 and July 10, 2000 to review the overall planning, placement, and financing of the Village Civic Center Project; and WHEREAS, on July 11, 2000 the Village Council approved a Resolution which adopted the Modified Village Civic Center Site Plan (July 2000); and WHEREAS, James A. Cummings Construction Inc., the Construction Manager for the Village Civic Center, estimates that the average cost per square ft. is $155.00; and WHEREAS, an amendment to the agreement Robert G. Currie Partnership is necessary as the current terms and conditions were based on a building containing less floor area than that which is currently being proposed. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the attached agreement with the Robert G. Currie Partnership, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute the agreement on behalf of the Village. Section 2. That the Village Manager is authorized to execute each phase of the attached agreements separately, partially or completely, as deemed necessary to design and construct the Village Community Center. Section 3. That the Village Manager and Village Attorney are authorized to take any and all action necessary to implement the terms and conditions of the attached agreements. 1 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24th day of July , 2000. MAYOR JOE I. R CO A.c/J;-aAvor CONCHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER THIS AGREEMENT, made and entered into this day of , 2000 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 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. Page No. 1 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, construction documents will be prepared by CONSULTANT which define the materials, components and building systems for the Project. The documents will address coordination of site civil issues and utilities; structural components; mechanical systems including plumbing and HVAC; and electrical systems. The construction documents shall include 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 civil engineering, 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 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. h,v add4it J c r tof f'a9" G. Additional Services. CONSULTANT will include"the services of Ballard*King and Associates per the attached Exhibit "B" to include Program Review, Third Party Review and design workshops as requested by the Village of Key Biscayne. H. 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. Page No. 2 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 15 % of work 20% of work 35 % of work 10% of work 20 % of work (*)Time frames included as goals only, per Robert G. Currie) $ 360,000.00 $ 54,000.00 $ 72,000.00 $ 126,000.00 $ 36,000.00 $ 72,000.00 TOTAL $ 360,000.00 NOT INCLUDED: Landscape architecture, civil engineering, surveys and soils tests. The lump sum fee for basic architectural services calculates to 6% of the $6,000,000.00 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. -L C. All travel expenses associated with the work performed by Ballard*King and Associates shall be reimbursed by the VILLAGE as a direct reimbursable expense to the project. 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 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. Page No. 3 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. 'i 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. 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. Page No. 4 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. 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: Page No. 5 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 PRIOR AGREEMENT. A. This Agreement supercedes and replaces the prior Agreement of August 2, 1999, between the parties. B. All fees previously paid to Consultant for the project shall be credited towards the fees provided in Article II above. 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. CONSULTANT: Robert G. Currie Partnership 134 N. E. First Avenue Delray B . ch, FL 33444 By: obert G. I urrie rincipal In Charge VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Pursuant to Village Council action on the day of , 2000. C. Samuel Ki finger Village Manager ATTEST: JJ1kJJ - r i �i U � PCY-- fty)cj',1 � H. flIYG,QZ illage Clerk APPROVED: Village Attorney Page No. 6 EXHIBIT "A" HOURLY RATES The firm's hourly rates and multipliers are as follows: Hourly x Multiplier Principal $47.00 2.53 $118.91 Project Manager $34.00 2.53 $ 86.02 Project Architect $28.00 2.53 $ 70.84 CARD Technician $24.00 2.53 $ 60.72 Clerical $13.00 2.53 $ 32.89 'L Page No. 7 EXHIBIT "B" Key Biscayne Community Center Consulting Services Ballard*King and Associates A. Programming Review - review the existing architectural program arid make recommendations for changes or additions. 1. Review project Component listing 2. Recommend changes, additions and priorities 3. Review of program, space narratives and square footage requirements B. Third Party Design Review - review of building design, layout, specifications and equipment. The purpose is to help ensure that the facility's design will be functional, operational and as efficient as possible. 1. Review conceptual plan to determine proper relationships of components 2. Provide a systematic review of the final schematic design/development plans 3. Review finishes, lighting, electrical, plumbing and HVAC requirements 4. Provide basic performance standards for specific building systems C. Design Workshops - a principal in the firm will be present at two design workshops (not to exceed 2 days per workshop) during the design process for the center. 1. Assist with design workshop planning and scheduling 2. Provide assistance and input on design issues and concerns All travel expenses associated with the Design Workshop portion of the work shall be reimbursed by the VILLAGE at the conclusion of each visit. Page No. 8