HomeMy Public PortalAbout1998 Planning Beach Park Master Plan.tifRESOLUTION NO. 98-20
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 the design and preparation of schematic documents for
Beach Park located at East Heather and Ocean Drive.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28th day of April, 1998.
CONCHITA H. ALVAREZ, VILLAGE CLERK \,
1-,
RICHARD J. WEISS, VILLAGE ATTORNEY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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 Services
In connection with
Beach Park
Master Plan
April 17, 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 obmt.com
E obm@accesspro net
Antigua
Bermuda
Brussels
Cayman Islands
London
St Kitts
Tortola
Turks & Caicos
April 17, 1998
Contract Proposal/Beach Park
OBM Miami, Inc
OBM
PROPOSAL FOR SERVICES
I. SCOPE OF CONTRACT
O.B.M. Miami, Inc., from hereinafter shall be referred to as the Firm, proposes to design and prepare schematic
documents for Beach Park. Beach Park is to be located at East Heather and Ocean Drive.
II. SCOPE OF SERVICES - included in contract
A. Beach Park conceptual and schematic site planning
B Park Pavilion and restroom facilities conceptual and schematic plan.
C Initial consultation with Landscape Architect
D. Development of typical site through sections, schematic (2)
E Prepare material suitable for public presentation including
1 Rendered site plan
2 Two perspectives
3. Review, prepare documentation on previous designs (Charrette documentation)
F Administer public meeting for review and comment
G. Revise plan as required/suggested by review
H. Prepare material suitable for use by office mailings (Revised site plan rendered)
III. SCHEDULE OF SERVICES
Phase I: Schematic Design
The work product of this phase consists of drawings, which define and depict the character, scale
and relationship of the project components. Upon written approval by the Owner work will begin
on the next Phase
Phase II:
Phase III.
Phase IV:
Design Development (not included in contract)
The work product of this phase will define the materials and methods required to construct the
project
This will provide information required for pricing and pre -construction engineering (value
engineering) Upon written approval by the Owner work will begin on Phase III.
Construction Documents (not included in contract)
The work product of this phase includes detailed drawings and specifications sufficient to allow
the Owner to obtain building permits and contract pricing Upon written approval by the Owner
work will begin on Phase IV
Construction Administration (not included in contract)
In this phase OBM will assist the General Contractor in providing administration of the
construction contract as contained in the latest edition of the American Institute of Architects
document, General Conditions — Article 1-14.
The Architect shall not be responsible for means of construction methods, sequences or
procedures or for the safety precautions employed during construction.
IV. FEE:
We propose a fixed fee of $14,750.00 ($8,500 for Master Planning and $6,250 for building design)
This fee includes all architectural and planing services described in II above. If project continues with OBM Miami,
Inc., $6,250.00 schematic fee will be credited against the total contract amount for building and facilities,
architectural and engineering services.
V. PAYMENT OF FEE:
Statements for the architectural fee will be rendered monthly according to the proportion of work completed All
statements are payable by the Owner upon receipt.
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 rate schedule attached
All other extra services requested or required and approved shall be billed on a time and material basis according to
the rate schedule
1
April 17, 1998
Contract Proposal/Beach Park
OBM Miami, Inc
OBM
PROPOSAL FOR SERVICES
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, kitchen consultant, threshold engineering, materials testing, interior and graphic
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.
IX. TIME LIMITS/EXPIRATION OF CONTRACT
If the services covered by this contract have not been completed within 6 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 $150 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 documents prepared by the Firm shall remain the Firm's property
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
M Miami, Inc.
ContractProposal/BeachPark/im
C. Samuel Kissingerer
Village Manager
Village of Key Biscayne
Date
2
April 17, 1998
Contract Proposal/Beach Park
OBM Miami, Inc
OBM
ContractProposal/BeachPark/im
PROPOSAL FOR SERVICES
EXHIBIT "A"
HOURLY RATE SCHEDULE
Principals $150.00/hour
Senior Architect $100.00/hour
Project Architect $ 80.00/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
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this I day of f'‘,1 1 , 19 99, by
and between the Village of Key Biscayne (the "VILLAGE'') and OBM Miami, Inc.—, (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONSULTANT wants to provide such Specified Services in connection with the Beach Park.
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 Specified Services upon written request from the
Village Manager as provided for in this Agreement.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in
accordance with Exhibit A not to exceed $30,750. The CONSULTANT will issue an
invoice once a month for the work which has been completed. Said invoices is payable by
the VILLAGE within 30 days. The VILLAGE shall pay to the CONSULTANT for the
faithful performance of this agreement, in lawful money of the United States of America.
See Exhibit 'A' section VI for Extra Services.
3. TERM
The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph
seven.
4. GENERAL TERMS AND CONDITIONS
All work papers and documents that result from the CONSULTANT providing Specified
Services shall be the property of the CONSULTANT. Upon termination of this Agreement
during the term of this Agreement, the VILLAGE has the right to use all documents prepared
and payed for under this Agreement.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
6. 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 Agreement.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon 30 days' written notice with or
without cause and by the CONSULTANT upon 30 days' written notice with or without
cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with
the provisions of Exhibit A for all acceptable work perfoinied up to the date of termination.
8. 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.
9. 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.
This Agreement includes Exhibit 'A' Proposal for Services dated April 17, 1998.
10. WARRANTIES OF CONSULTANT
The 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 Specified Services.
11. NOTICES
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 or hand delivery.
All notices and communications shall be effective upon receipt. Notices shall be addressed
as follows:
Village:
With a copy to:
Consultant:
12. GOVERNING LAW
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard J. Weiss, Esq.
Village Attorney
Weiss, Scrota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
OBM Miami, Inc.
2600 Douglas Road
Suite 510
Coral Gables, FL 33134
This Agreement shall be construed in accordance with the laws of the State of 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:
OBM Miami, Inc.
2600 Douglas Road, Suite 510
Coral Gables, FL 33134
By:
Attest: ?
b
Authorized by the Village Council Resoluti
By"_._..
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
er, Village Manager
;9, X13, Febrpary 9, 1999.
aliff
RESOLUTION NO. 99-13
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PHASE II, DESIGN
DEVELOPMENT FOR THE PLANNING,
ARCHITECTURE AND SERVICES IN CONNECTION
WITH THE VILLAGE BEACH PARK WITH O.B.M.,
MIAMI, INC.; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the proposed contract is the second, and final phase, in the design development
and construction of the Village Beach Park;
WHEREAS, completion of this phase will provide cost estimates, materials, specifications
and shop drawings for each element as proposed in Phase I, Schematic Design presented to Village
Council on July 1, 1998 and amended on September 1, 1998;
WHEREAS, completion of this phase will provide plans and specifications sufficient to
allow the Village to go to bid for construction of said park;
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 the planning, architecture and services in connection with
the Village Beach Park located at East Enid Drive and Ocean Drive.
r
Section 2. This resolution shall take effect immediately upon adoption.
3
PASSED AND ADOPTED this_9th day of February , 1999.
ATT
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
MAYOR JOE I. RASCO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD J. WEISS, A LAGE ORNEY
S.
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 Services
In connection with
Beach Park
98078
August 24, 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
August 24, 1998
OBM Miami, Inc.
98078
OBM
PROPOSAL FOR SERVICES
I. SCOPE OF CONTRACT
O.B M Miami, Inc., from hereinafter shall be referred to as the Firm, proposes to design and prepare
construction documents for Beach Park. Beach Park is to be located at East Heather and Ocean
Drive
II. SCOPE OF SERVICES - included in contract
A Architectural Services
1 Design Development, Construction Documentation and Administration for Restrooms,
Tower and Pavilion as depicted in schematic presentation dated July 1, 1998.
2 Selection of all materials and colors.
B Site Works
1 Design Development, Construction Documentation and Administration for entire site
including
a. Entry Gate, trellis and site enclosure.
b. Retaining walls as required.
c. Landscaping (detailed planting and specifications).
d. Fountain (shop drawings by vendor).
e. Site Lighting (design and specifications).
f Parking Layouts.
g. Walkway Layout and design
h Site furniture(location and specification)
2 Direct and co-ordinate Civil engineering design and documentation.
3 Co-ordinate with Coastal Systems regarding coastal permitting
4 Meetings and review.
C Site Planning for immediate building area
D Owners representation with appropriate Consultants for meetings with Building Department Staff
as required.
E Building Design
F Construction Documents including the following Engineering Consultants
• Structural
• Electrical
• Plumbing
• HVAC
• Fire Protection
G. Energy Code Calculations
H Assistance in obtaining the customary approval from the various governmental agencies having
jurisdiction over the project This does not include re -zoning, variances or special exception
submissions.
I. Building Department required "Permit Revisions".
J. Owner representation during bidding and bid evaluation process.
III. SCHEDULE OF SERVICES
Phase I: Schematic Design (Completed under previous contract #98046)
The work product of this phase consists of drawings, which define and depict the
character, scale and relationship of the project components. Upon written
approval by the Owner work will begin on Phase 11.
Phase II:
Design Development
The work product of this phase will define the materials and methods required to
construct the project.
This will provide information required for pricing and pre -construction engineering
(value engineering) Upon written approval by the Owner work will begin on
Phase Ill.
2
August 24, 1998
OBM Miami, Inc
98078
OBM
Phase 10.
Phase IV:
PROPOSAL FOR SERVICES
Construction Documents
The work product of this phase includes detailed drawings and specifications
sufficient to allow the Owner to obtain building permits and contract pricing
Upon written approval by the Owner work will begin on Phase IV
Construction Administration
In this phase OBM will assist the General Contractor in providing administration
of the construction contract as contained in the latest edition of the American
Institute of Architects document, General Conditions — Article 1-14.
The Architect shall not be responsible for means of construction methods,
sequences or procedures or for the safety precautions employed during
construction.
IV. FEE:
We propose a fixed fee of $30,750 ($12,000 for Site Works and $18,750 for building design)
This fee includes all architectural, engineering and planing services described in II above.
V. PAYMENT OF FEE:
Statements for the architectural fee will be rendered monthly according to the proportion of work
completed All statements are payable by the Owner upon receipt.
Phase I: Schematic Design — Completed under previous contract #98046
Phase H: Design Development —
A portion of the total fee equaling $ 9,225.00
Is allocated for the Design Development phase
Phase III: Construction Documents — During the process of producing
working drawings, monthly statements will be presented in
relation to the amount of work completed to that date -
Phase IV:
A portion of the total fee equaling . . .$18,450.00
Is allocated for the Construction Documents phase.
Construction Administration — During the process of
construction, monthly statements will be presented
in proportion to the work completed. The total fee shall be
earned and due at the issuance of substantial completion -
A portion of the total fee equaling $ 3,075 00
Is allocated for the Construction Administration phase
Total fee $30,750.00
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
rate schedule 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 and are
not limited to the following: Civil engineering, soil mechanics, wind study analysis, coastal
engineering, traffic consultant, kitchen consultant, threshold engineering, materials testing, interior
and graphic design, lighting and acoustical design.
3
August 24, 1998
OBM Miami, Inc.
98078
OBM
PROPOSAL FOR SERVICES
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.
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
$150.00 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.
Xl. 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 documents prepared by the Firm shall remain the Firm's property.
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/98078-CPdoc
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
Date
4
August 24, 1998
OBM Miami, Inc
98078
OBM
PROPOSAL FOR SERVICES
EXHIBIT "A"
HOURLY RATE SCHEDULE
Principals $150.00/hour
Senior Architect $100.00/hour
Project Architect $ 80.00/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 -out of county $.40 per mile
Fax in/out $.50/fax
In house binding $3.00 per item
5
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: e r t i f i c a t e H o l d e r i s n a m e d a s A d d i t i o n a l I n s u r e d - L e s s o r a s r e s p e c t s :
6 0 0 D o u g l a s R o a d S u i t e 5 1 0 C o r a l G a b l e s F L 3 3 1 3 4 a n d 2 6 0 0 D o u g l a s R o a d ,
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