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Home My Public Portal About2001 Agreement.tifRESOLUTION NO. 2001 -4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH RODRIGUEZ AND QUIROGA FOR A NEEDS ASSESSMENT/PROGRAMMING AND CONCEPTUAL DESIGNS INCLUDING PROVISIONS ALLOWING THE VILLAGE COUNCIL TO EXPAND THE CONTRACT TO INCLUDE COMPLETE ARCHITECTURAL PLANS RELATED TO THE DESIGN OF THE VILLAGE COUNCIL CHAMBER/COMMUNITY THEATER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council adopted a Civic Center Master Plan which provides for the location of a Village Hall/Community Center; and WHEREAS, the Mayor, with the advice of the Village Council, appointed citizens to a Village CouncilChamber/Community Theater Committee for purposes of assisting the Village in the creation of a Council/Theater; and WHEREAS, the Village Council Chamber/Community Theater Committee reviewed nine (9) proposals from architectural firms; and WHEREAS, the Village Council Chamber/Community Theater Committee interviewed five (5) firms and ranked in order the top three (3) and provided a recommendation to the Village Manager; 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 1 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 the attached Agreement to employ the firm of Rodriguez and Quiroga for purposes of preparing "A Needs Assessment/ Programming" and "Conceptual Design" for the Village Council Chamber/Community Theater. Section 2. Upon the Council's approval of the work associated with Section 1 above, the Village Council may authorize the Village Manager to negotiate an amendment to the attached Agreement for purposes of providing complete architectural plans for the design of the Village Council Chamber/Community Theater. Section 3. That the Village Manager and the Village Attorney are authorized to take any and all action necessary to implement the Agreement. Section 4. 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 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January , 2001. CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO ORM AND LEGAL S RICHARD JAY VIL t AGE ATTORNEY 2 MAYOR JOE I. RASCO t VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 9th day of January, 2001, by and between the Village of Key Biscayne (the "VILLAGE") and Rodriguez and Quiroga, (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services (the "Specified Services") as specifically described in the State of Florida Department of Management Services Agreement between Owner, Agent & Architect -Engineer (DMS Agreement) and as detailed in the attached letter of November 7, 2000 from CONSULTANT to Reggie Hough. The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: I. SCOPE OF SERVICES A. The CONSULTANT agrees to provide Specified Services consisting of a Needs Assessment and Programming for Council Chamber/Community Theatre upon written request from the Village Manager as provided for in this Agreement. B. Upon completion of Specified Services under paragraph (A), the Village Council may authorize further architectural services through design, bidding for construction and construction administration, if the DMS Agreement is amended to provide for same. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the DMS Agreement. The CONSULTANT, will issue an invoice once a month for the work which has been completed Said invoice 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, compensation as provided in the DMS Agreement. 1 3. TERM The term of this Agreement is 2 year(s) unless earlier terminated pursuant to paragraph eight. 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 Specified Services shall 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 liability insurance in accordance with the DMS Agreement. 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 Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause and by the CONSULTANT upon 45 days written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid for all acceptable work performed up to the date of termination. 2 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 and the DMS Agreement is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties. 11. 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. 12. 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: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esquire Village Attorney Weiss, Serota, Helfman, Pastoriza & Guedes,P.A. Suite 420 2665 South Bayshore Drive Miami, Florida 33133 3 CONSULTANT: Rodriguez & Quiroga Architects Chartered 4440 Ponce de Leon Boulevard Coral Gables, Florida 33146 13. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. 14. OTHER PROVISIONS This Agreement shall prevail over any conflicting provisions of the DMS Agreement. Notwithstanding Section 16.6 of the DMS Agreement, the Village shall make payments due under this Agreement in lieu of payments by DMS. 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: Rodriguez & Quiroga 4440 Ponce de Leon Boulevard Coral Gables, Florida 33146 Archi•ects hartered., ul L. '•.riguez 1 President VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 er, V ge M ageraew onchita H. Alvarez, CMC Village Clerk Approved as to Form and Legality By: Village Attorney Authorized by the Village Council January 9, 2001 (Resolution No: 20014-) 4 RODRIGUEZ AND QDIROA "diagram Juan AAOOOlo07 RAUL I.. RooRximaz, AlA Amoy* M Qutsna& ALA Ali mew A 0x4114 November 7, 2000 Mr. Reggie Hough Contracts Administrator State of Florida Department of Management Services 4050 Esplanade Way, Suite 135 Tallahassee, Florida 32399-0950 Re: Village of Key Biscayne Council Channber/Community Theatre Project No. VKB- 98069000 RHO Project No, 001600 Subject; Proposal for Needs Assessment/Programming and Conceptual Design (Second Revision of November 7, 2000) Dear Mr. Rough: Rodriguez and Quiroga Architects Chartered is pleased to submit for your consideration this proposal for needs assessment/programming and conceptual design services in connection with the referenced project, in accordance with correspondence received from your office, discussions during the telephone conversation of October 2, 2000 with Mr. Rafael Martinez, Jr. of DMS and subsequent stipulations requested by Mr. Jud Kur'lanaheekk of Village of Key Biscayne and Mr. Martinez (including most recent directives of November 7, 2000, via telephone by DIvIS and subsequent revisions requested by Mr. Kurlancheek). I. Basic Services a duds As_sessmemfProg jg 1. Participate in one (1) meeting (including theater consultant) with representatives of the Village of Key Biscayne and all potential users, in order to review and discuss the proposed uses for the facility. Discuss production types: drama, dance, music, musical theatre, lecture, etc. Discuss theatre forma $nd shapes, production activity, scheduling, 'staffing and backstage, front -of -house and support areas. Discuss requirements of the council chamber use_ Establish the design capacity (number of seats) of the facility. 4440 PONCE DE LEON HoUIJVMRD, COR~t. GAB.aa, Fwasnu.11 • TEL2'HONZ (%) 441-7417 • FACSLMIL i (M) 444-Tn2 ARCWTBCTVRR/ RAORIGUfZQUtlkOGA_CJM. WWWRODRSOUEZQUIROoticCt.( Zd Wd0S:L0 0002 3N01 -Id W❑dJ ' •. o„+� ' a 7 El 3NAVOBI8 A3)4<- • WdZs = L 00 / Z 4 / L l 1 OHAI30Aid Mr. Reggie Hough State of Florida November 7, 2000 Page 2 of 4 $ 2. Provide a preliminary narrative for review, including description of theatre technical systems. 3, Prepare architectural programming information for all spaces, including area requirements, room adjacencies and special technical considerations, 4_ Prepare and submit the Programming Report. 5. Present the Programming Report (including theatre consultant) before the Village Council. 6. Total of two (2) trips to Miami by theatre consultant in this phase. b. Con e nt LDesian 1 DiscuS6 various layout schemes for the theater, audience/actor relationships, sight lines and front -of --house and backstage requirements. 2. Examine the interlocking and working relationships between all elements within the facility. 3. Determine preliminary equipment requirements. 4. Prepare preliminary plans and sections of the theatre, including sight line studies, 5 Establish preliminary cost opinions for theatre equipment systems. 6. Calculate electrical and mechanical loads imposed by stage equipment. 7. Determine engineering systems. 8. Prepare Conceptual Design drawings consisting of sufficient information to ensure full comprehension of the design solution. Such drawings will consist of site plan, floor plans, building elevations, sections and two (2) color renderings (one exterior and one interior). 9. Present and discuss the Conceptual Design (including theatre consultant) with the Village of Key Biscayne and other users of the facility. 10. Total of two (2) trips to Miami by theatre consultant in this phase. Ed WdtS:tO 0092 Zt 'oaQ c antra 'ON 3-101-+d E 3JVd 'eobN %d Z 9 3N/'U 8IU A3N<- `•r4dE` : L :a3AX3U7U `wacc nn-ct-lam �„� Mr. Reggio Rough State of Florida November 7, 2000 Page 3 of 4 IL Additional Services Rodriguez end QuiToga will render, when authorized by the Owner, Additional Services including, but not limited to the following. a. Providing services in connection with substantial revisions or changes which expand the scope or nature of the project. b. Preparation of Architectural Model(s). c. Preparation of Rendering/Perspective(s) not stipulated • as Basic Services in this proposal. d. Providing services other than those listed under Basic Services in this proposal. M. Compensation Basic,$ 1. Needs Assessrnent/Prograrnrning. Compensation for Basic Services to accomplish this phase shall be the stipulated sum of $25,000, to be invoiced monthly in proportion to the percentage of the work completed. 2. Conceptual Design Compensation for Basic Services to accomplish this phase shall be established upon completion of the Needs Assessment/Progratnming Phase. b. Additional Services Compensation for Additional Services, when requested by the Owner, shall be on an hourly basis in accordance with the rates stipulated in Exhibit A of this proposal. IV. Reimbursable Expenses Reimbursable Expenses are in addition to compensation for Basic and Additional Services and will be billed at 1.10 times the actual cost. Included are expenses incurred by this office and consultants in the interest of the Project as identified in the following clauses: a_ Transportation b. Reproduction c_ Long distance communications d Out-of-town travel, including airfare, lodging and meals. c. Postage and handling and/or delivery of drawings and other documents. f. If authorized by Owner, expense of overtime work requiring higher than regular rates. g Expense of renderings, models and drawings or deliverables not stipulated as Basic Services in this proposal. bd WdTS:TO 0002 i'T '3 Q . ' ON �tvor+d us—Aa A' 1 nnizLizL =a�nl3a�tl Mr. Reggie Hough State of Florida November 7, 2000 Page 4 of 4 It is estimated that Reimbursable Expenses by the theater consultant (including the four trips to Miami stipulated in this proposal - two during Needs Assessment/Prograr ng and two during Conceptual Design) will total approximately $7,000.00. Invoicing of Reimbursable Expenses will occur on a monthly basis. V. Architectural Services Should the Village Council wish to proceed with the preparation of architectural plans and construction documents, the total fee for Architectural Basic Services shall be 6.8% of the estimated construction cost as prepared by James A. Cummings, Inc. based on the information that would be submitted to the Village as part of the Conceptual Design Phase of this proposal The payment schedule shall be as follows: 15% Schematic Design 20% Design Development 45% Constnietion Document 5% Receipt of Bids or Construction Authorization 15% Construction Phase Note that, depending on the degree of re -use of the Conceptual Design documents, a credit towards the Schematic Design Phase may be provided. Rodriguez and Quiroga hopes you find this proposal complete and satisfactory. We look forward to working together with you on this project. Sincerely, c: Samuel. Kissinger Jud Kurlanchcck Deborah Whitehouse Torn Berley Rafael Martinez, Jr. Raul Rodriguez Reinaldo Rodriguez File OfIIu2000tkayb4dpmpootit liough1to7..aoo Sd WdZS:TO 8002 E o�Q '0N3N01-48 3OVd `!ceVN =d z e DNAvz9Ia AANc- '-Wdv9ft point/Z, :Q,AI3o3a SALL ATA RODRIGUEZ AND QUIROGA Ammon Cita:rano M 0001007 B'XH Etrr A Ammo 1441. Q(rtao4A AIA nzl� 0005)14 SCHEDULE OF HOURLYRATES FOR ADDITION.AL SERVICES Principal Architect $125.00 Principal Theatre Consultant S155.00 Principal/Engineering $125.00 Project Manager $100.00 Theatre Consultant Manager $130.00 Engineering Manager $ 90,00 project Architect $ 85.00 Project Theatre Consultant $100.00 Project Engineer $ 85.00 Architectural Drafting/CADD Operation S 75,00 Theatre Drafting/CADD Operation $ 75.00 Engineering Orafting%CADI) Operation $ 55.00 4440 PoricacieLeom BOUCf vARL1 CORAL GABLES. FLORIDA 13146 •1Z .ZDi1oliE Q03) 44* -7417 • FACS WILL; (30S) 444-1712 Ll MAa AXCHI HCIUARRADRI41 JEZ1 Dow.c1»4 • www.FADIt1g1J ZQUIROGI..OpM 9d Wd2S:t0 000e 31 .3aU . 'Of i 3NOHd `CAbN : d Z 6 3NAvOSIe A334<' Wd69 t t OO/Z: t /Z l :O3ntaoom Occq c9F q(N; !d Z 8 3NAVOSIB ABA :A8 IN3S STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT -ENGINEER STATE PROJECT NO. • VKB-98069010 STATE MV DESIGNATION: A PROJECT NAME AND LOCATION. COUNCIL CHAMBER/COMMUNITY THEATRE VILLAGE OF KEY BISCAYNE, FLORIDA CONTRACTOR: TO BE DETERMINED ARCHITECT -ENGINEER RODRIGUEZ AND QUIROGA 4440 PONCE DE LEON BOULEVARD, CORAL GABLES , FLORIDA, 33146 (305) 448-7417 PHONE (305) 448-2712 FAX ARCHITECTURE@RODRIGUEZQUIROGACOM Jeb Bush, Governor Cynthia A Henderson, Secretary