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HomeMy Public PortalAbout1998 Planning, Architecture and Services-Master Plan.tifRESOLUTION NO. 98-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL PLANNING AND CONSULTING SERVICES WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with O.B.M., for professional architectural Planning and Consulting Services in connection with the Capital Improvement Program and the implementation of Master Plan and Village Council goals and objectives. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of April 1998. ')- ae__, -- OR JOHN F. FESTA ATT A CONCHITA H. ALVAREZ, VILLAGE CLERK \� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY OBM Proposal for The Village of Key Biscayne Key Biscayne, Florida to Mr. C Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Suite 201 Key Biscayne, FL 33149 for Planning, Architecture and Consulting Services 98021 April 7, 1998 OBM Miami Inc. Architecture Resort Design & Development Town Planning Interior Design 2600 Douglas Road Suite 510 Coral Gables Florida 33134 T 305 445 7811 F 305 445 0997 W www.obmi com E obm@accesspro.net Antigua Bermuda Brussels Cayman Islands London St Kitts Tortola Turks & Caicos April 7, 1998 VKB/Planning, Architecture and Consulting/98021 Capital Improvement Program OBM Miami, Inc OBM PROPOSAL FOR SERVICES I. SCOPE OF CONTRACT O B M Miami, Inc., from hereinafter referred to as the "Firm", proposes provide Architectural Planning and Consulting Services in connection with the Capital Improvement Program and the implementation of Master Plan and Village Council goals and objectives for the Village of Key Biscayne, from hereinafter referred to as the "Village" II. SCOPE OF SERVICES - included in contract A OBM Miami, Inc. will act in the Village's behalf as the "Planners and consulting Architects for the Village of Key Biscayne" This consulting and representation will be provided as required, requested or approved in writing by the Village Manager or his Designee. B. The firm will provide Consulting Services, at the written direction of the Village Manager, as required and agreed. These services may include the coordination of Village Consultants and the hiring and direct supervision of consultants as agreed upon by the Firm and the Village Manager. C The Firm will provide Architectural and Planning Services on a Project Specific basis A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project D Additional Scope As requested and agreed to by both parties III. SCHEDULE OF SERVICES We will provide services in a timely manner, on a schedule agreed upon by both parties IV. FEE: A Representation for the "Village" and general consulting will be billed on an hourly basis with '/d hour minimum charge. See Exhibit "A" for hourly rates B Project Specific contracts will be presented for review and approval as requested by the Village Manager Terms and conditions outlined therein V. PAYMENT OF FEE: Statements for the architectural fee will be rendered monthly according to the hours of work completed All statements are payable by the Owner upon receipt Payments not paid more than 30 days after the date of billing invoice will be subject to interest of 1% per month or 12% per year. VI. EXTRA SERVICES: If the Firm is caused extra work due to natural calamity, abandonment of the project, or insolvency other than the Firm's, the Firm will be compensated for the work on a time and material basis See Exhibit "A" attached All other extra services requested or required and approved shall be billed on a time and material basis according to the rate schedule VII. SERVICES NOT INCLUDED: Additional consultants which may be required for the work but are not included in the Fee, included but are not limited to the following* Civil engineering, soil mechanics, wind study analysis, landscape design, coastal engineering, traffic consultant, threshold engineering, materials testing, interior and graphic design, kitchen design, lighting and acoustical design VIII. REIMBURSABLE EXPENSES The following expenses are reimbursable and will be billed at 1 1 x actual cost Travel and accommodation expenses, long distance telephone calls, cables, facsimiles, courier services, mileage, photos, and reproduction services incurred by the Firm and their consultants. All document reproduction and reproducible are reimbursable See Exhibit "A" for standard reimbursable rates In the event services of special consultants or expenses other than those listed under "Services Included" are required, they shall be paid by the Owner 1 April 7, 1998 VKB/Planning, Architecture and Consulting/98021 Capital Improvement Program OBM Miami, Inc OBM PROPOSAL FOR SERVICES IX. TIME LIMITS/EXPIRATION OF CONTRACT If the services covered by this contract have not been completed within 12 months from the date that this contract is signed by both parties, through no fault of the Firm The Firms compensation for the incomplete portion of the work shall be on a time and materials basis billed at the hourly rate of $75.00 per hour. X. TERMINATION This agreement may be terminated upon ten -(10) days written notice by either the Firm or Owner In case of termination, the Owner is responsible only for the Firm's services to the time of termination XI. DEFAULT In case of failure of the Owner to make payments in full within thirty (30) days or receipt of notification from the Architect of the amounts due (including any amounts for services rendered to that date yet unbilled), OBM Miami Inc. may, at its' option, elect not to perform any services and all payments already made on the part of the Owner shall be retained by the Firm, and the Firm may, as its' option, elect to terminate this contract Upon substantial completion of the duties to be performed at the completion of any phase, OBM Miami Inc. shall be entitled to recover from the Owner the amounts and/or percentage of the total basic compensation due at that time together with all his costs and expenses, including a reasonable attorney's fee as well as interest from the time the above payments shall have become due and payable It is expressly understood between the parties that payment in full for each phase as described above shall be a condition precedent to the performance of further architectural services by the Firm in any succeeding phase No provisions of this letter contract shall be deemed waived by any act or conduct of the Firm unless such waiver is in writing signed by the Firm XII. OWNERSHIP All drawings, plans and specifications prepared by the Firm shall remain the Firm's property. The Village will have the right to use all drawings, plans and specifications prepared by the Firm for the Village upon payment for services rendered in connection with said documents. XIII. CREDITS The Owner shall use his best efforts to include the name of OBM Miami Inc. in advertising and brochures for the project, particularly where photographs and drawings are used Raul A Lastra Principal OBM Miami, Inc VKB/Consulting/98021 C Samuel Kissinger Village Manager The Village of Key Biscayne Date h*..7 414)21 f? 2 April 7, 1998 VKB/Planning, Architecture and Consulting/98021 Capital Improvement Program OBM Miami, Inc OBM PROPOSAL FOR SERVICES EXHIBIT "A" HOURLY RATE SCHEDULE Principals $ 75.00/hour Senior Architect $ 70.00/hour Project Architect $ 65.00/hour Staff Architect $ 60.00/hour Senior Draftsman $ 50.00/hour Staff Draftsman $ 40.00/hour Clerical $ 35.00/hour REIMBURSABLE EXPENSES STANDARD RATES In house blue prints $2.00/sheet In house plots $2.00/sheet In house vellums $7.50/sheet Photocopies $.15 per sheet Car travel $.40 per mile Fax in/out $.50/fax 3 VILLAGE OF KEY BISCAYNE FOR PROFESSIONAL SERVICES STORMWATER IMPROVEMENTS, PHASES I, II AND III THIS AGREEMENT, made and entered into this /51 -Li day of £G wei 1993, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and ., a Florida corporation, (the "CONSULTANT'). D420/Vi Mt /1-w41 I t1/4A; . RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services in conjunction with the preparation of VILLAGE -wide Stormwater Improvements, Phases I, II and III (the Project). The CONSULTANT wants to provide such services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. Scope of Services The CONSULTANT agrees to provide services in conjunction with the Project more specifically described in Exhibit "A" attached and made a part of upon the written authorization of the Village Manager to do so. 2. Fees for Services The CONSULTANT agrees to charge the VILLAGE, and the VILLAGE agrees to pay the CONSULTANT for services as shown in Exhibit "A". Fee shall be due and payable monthly. The amount due shall be that part of the assignment performed by the CONSULTANT during the proceeding months. 3. Term The term of this Agreement shall be two years unless earlier terminated pursuant to paragraph 8 or extended by written amendment to this Agreement. 1 4072AG R/63P/ 100893 4. General Terms and Conditions All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing services shall herein be the property of the VILLAGE. Upon termination of this Agreement, or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. Insurance The CONSULTANT shall at all times carry the following insurance at the stated minimum amounts: Professional Liability_ $ 1,000,000.00 ork.ers-C©Mpensati011_ 500,000.00 - tic -I ili y ��d Property - age '1,000,000.00 lity-and-Prol-er-ty-Da go k900;088.8a VffRlFy The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. c_ 6. Assignment This Agreement shall not be assignable by the CONSULTANT. 7. Prohibition Against Contingent Fees The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 the CONSULTANT any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this V Agreement. 2 4072.AGR/53P/100893 8. Termination This Agreement may be terminated by the VILLAGE up l ten days written notice with or without cause and by the CONSULTANT upon days written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid for all at=eFtz171 work performed up to the date of termination. 9. Nonexclusive Agreement The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. 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 V the parties. 11. Additional Services Additional Services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates set in Exhibit "B" attached and t made a part of this Agreement. 12. Warranties of CONSULTANT The CONSULTANT hereby warrants and represents that 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 specified services. All work to be performed by CONSULTANT under this Agreement shall be diligently performed in a professional, businesslike manner. 13. Attorneys Fees In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. 3 4072 AGR/63P/100893 14. Notices r 3 c -,r,..1* �:4...4-ate 116- es. All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail Qr hand delivery. All notices and communications shall be effective upon receipt. Notices shall be address as follows: VILLAGE: With a copy to: CONSULTANT: 15. Governing Law C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Ph: (305) 365-5511 Fax: (305) 365-5556 Richard Jay Weiss, Esquire Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, Florida 33133 Ph: (305) 854-0800 thony A. Nolan / Pres . • nt , William , atfi- : & Stoner, Inc. 3191 Coral r. y, Suite 804 Miami, - orida 3145 Ph: 05) 448-442 : (305) 448-8681 This Agreement shall be construed in accordance with the laws of the State of V' Florida. 16. Indemnification The CONSULTANT shall, at all times hereafter, indemnify and hold harmless the VILLAGE, its agents, servant and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act, error or omission of CONSULTANT, its agents, servants, or emplo ees in tl:ip performance of services under this Agreement) on‘l - 9)( floe by \ ,/ 4 4072. G R/63P/100893 The VILLAGE shall indemnify and save harmless and defend the CONSULTANT, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of negligent act, error or omission of the VILLAGE, its agents, servants, or employees in the performance of services under this Agreement, only to the extent permitted by law. A./ 17. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between CONSULTANT and VILLAGE, it being expressly understood and agreed that the relationship created by this Agreement is that of an ,\Z independent contractor. 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: s, Hatfield 3191 Cora Mia VILLAGE: By: ce;%/�i='�Ii►.�I By: President Attest: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 id Attest: C. Samuel Kissine Village Manager 5 4072AGR/63P/100893 111 OBM Miami Inc. Architecture Resort Design & D evelopment Town Planning Interior Design OBM Miami Inc. HOURLY RATE SCHEDULE Principals Senior Architect Project Architect Staff Architect Senior Draftsman Staff Draftsman Clerical .$ /hour $.WiJvihour $ . &/hour $ 60.00/hour $ 50.00/hour $ 40.00/hour $ 35.00/hour 2600 Douglas Road Penthouse 6 Coral Gables Florida 33134 T 305 445 7811 F 305 445 5097 W www obmi.com E obm@accesspro.net Antigua Bermuda Brussels Cayman Islands London St Kitts Tortola Turks & Caicos April 7. 1998 VIQ3)Plaanutg Ar.hitri[t re .0 i Cansatang/9bW-11 (ibM'vtiu[a, jnc PROPOSAL FOR SERVICES EXHIBIT "B" Outline of work to be provided by the Firm A General Consultant Services B Architectural Design for Village Buildings and Facilities including but not limited to: • Public Buildings • PuDI c Parks and Landscapes • Right-of-way design improvements C Any other services as deemed necessary by the Viilage Administration andfor Vdiage Council. 5