HomeMy WebLinkAboutReso 99-148
RESOLUTION NO. 99- \ L4-g
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING IN CONCEPT ITEMS SET FORTH
IN THE LETTER FROM SPILLIS, CANDELA & PARTNERS,
INC., AS THE ARCHITECTURAL FIRM RETAINED FOR
THE DESIGN OF THE NEW GOVERNMENT CENTER
FACILITY ATTACHED AS EXHIBIT "A" AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT IN SUBSTANTIALLY THE SAME FORMAT AS
THE CONTRACT ATTACHED HERETO AS EXHIBIT
"B"WHICH, WHEN COMPLETED, WILL REFLECT
SUBSTANTIALLY THE SAME BUSINESS TERMS SET
FORTH IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in accordance with Resolution No. 99-141 passed by the City Commission on
June 17, 1999, approving the agreement with the Department of Management Services and the City
of Sunny Isles Beach with respect to the proposed government center on Sunny Isles Beach
Boulevard; and
WHEREAS, the Department of Management Services has, in the interim, been negotiating
as agent for the City of Sunny Isles Beach with Spillis, Candela & Partners, Inc., as the firm the City
approved as the design professionals on this project; and
WHEREAS, an agreement in concept on the basic terms and conditions as set forth in
Exhibit "A" has been reached; and
WHEREAS, the format of the agreement attached as Exhibit "B" has also been approved
as the form to utilize for the contract for these services; ,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval in Concept. The terms and conditions set forth in the attached letter dated
July 7,1999, from Spillis, Candela & Partners, Inc., attached hereto as Exhibit "A", be and the same,
are hereby approved.
Section 2. Direction to Execute Contracts. The format of the contract attached hereto as Exhibit
"B" when drafted to reflect the terms and conditions as set forth in Exhibit "A" be, and the same is,
hereby approved by the City Commission and the City Manager is authorized to execute that contract
based on the terms and conditions set forth in the July 7th letter on behalf of the City, provided the
contract is approved as to form and legal sufficiency by the City Attorney.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this ISili day OfJ7 J ~
David Samson, Mayor
ATTEST:
~U~~~{~
'. Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL UFFICIENCY:
VOTE:
5-0
Moved by: ~ ~~
Second by: ~\~ J.~
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
yes vi
yes J
yes V
yes J
yes~
no
no
no
no
no
Spillis, Candela Approval in Concept Res.
Spillis Candela & Partners, Inc.
800 Douglas Entrance Coral Gables, FL 33134-3119 305/4444691
LETTER OF TRANSMITTAL
To: Ms. Lynn Dannheisser, Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Suite 250
Sunny Isles Beach, FL 33160
Re: City of Sunny Isles Beach Agreement
We are sending you:
o Prints
o Samples
o Herewith
o Other:
o Under separate cover
o Specifications
o Copy of letter
Date: "10-4-99
SCP Project No.:P9000
Send Via: Federal Express
o Shop Drawings
o Tracings
o Change Order
o Literature
o 35 mm slides
o Photographs
# of Copies
3 signed & sealed
copies
1 Original
Description:
Agreement:
- City of Sunny Isles Beach Contract
Certificate of Insurance
.....
No exception taken
Note comments
Rejected
Re-submit
Other
For review and comment
For your use
Per your request XXX
For file or distribution
I Remar~:
Sent by: Debbie Klem
Copies this letter to: Rafael Sixto and Nina Gladstone
Copies with enclosures to:
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT-ENGINEER
STATE PROJECT NO.:
CSIB-98073000
STATE MY DESIGNA nON:
A
PROJECT NAME AND LOCA nON:
GOVERNMENT CENTER,
CITY OF SUNNY ISLES BEACH,
DADE COUNTY, FLORIDA
CONTRACTOR:
TO BE DETERMINED
ARCHITECT-EN G I1';'EER:
SPILUS CANDELA & PARTNERS, INC., A
DELA WARE CORPORA nON LICENSED TO
DO BUSINESS IN THE STATE OF FLORIDA.
800 DOUGLAS ENTRANCE,
CORAL GABLES, FLORIDA 33134
(305) 444-4691 PHONE
(305) 447-3580 FAX
Jeb Bush,
Governor
Tom McGurk,
Secretary
AE4
AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT-ENGINEER
THIS AGREEMENT
made this 16th day of July
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 I
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 fmal 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 A,!rreement - This Agreement for professional services for State Project Number CSIB-98073000
entitled "Government Center, City of Sunny Isles Beach, Dade County, Florida", represents the entire
Agreement between the Owner and the Architect-Engineer. 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 Defmitions:
Project - The Project is the total work to be performed under this Agreement. The Project consists of
planning, design. and construction administration as identified in the Proposal submitted to Mr. James
DiPietro. City Manager, City of Sunny Isles Beach, by Spillis Candela & Partners, dated July 8, 1999,
consisting of 4 pages and identified as Exhibit I.
~ - The State of Florida, Departtnent 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 June 29. 1999.
O~ner - The entity that will occupy, use and own the project upon substantial completion is The City of
Sunny Isles Beach, The funds with which the compensation of the architects, engineers, contractors, etc., will
be paid are under the control of the City of Sunny Isles Beach. These funds will be paid to the Architect-
Engineers and Contractors upon approval of each payment by Building Construction, the State of Florida. All
duties of the Q\\ner hereinafter shall be performed by Building Construction acting in the capacity as Agent to
the Owner,
1
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.
1.5 Owner's Construction Budget: Owner's funds budgeted and requested for construction of the Project. The
Owner's Construction Budget is $ 9,900,000.00, 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 fonns 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 $ 11,950,000.00. The component parts are
shown in the attached Exhibit C, which Exhibit C by reference and attachment hereto fonns 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. Ifkey personnel leave the Architect-Engineer finn, 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
F or his Basic Services prescribed in Article 3, Sections 3.1 through 3.7.1 (18) hereinafter, the lump sum
amount of$ 752.936.00, to be paid as prescribed in Article 9,1 hereinafter.
2.2
For Additional Services defmed 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.
? ~
_.J
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 defmed 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 for Finns not
listed below will be approved by the Owner's Project Director when authorizing additional services required
for the project.
FIRM
OVERHEAD, PROFIT & FRINGE
BENEFIT MUL TIPLlER
2,95
Spillis Candela & Parmers. Inc.
2
2.4 Reimbursable expense as defmed 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
(I) 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 defme 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 ~ hard (paper) copies and I 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, 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,
civillsitework 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.
(2) The Architect-Engineer shall coordinate the development with the Contractor and provide the ()v,mer
with a review and comments of the Contractor's estimates and Guaranteed Maximum Price.
(3) The Architect-Engineer shall provide and distribute ~ hard (paper) copies and I electronic copy
of the Design Development Documents for review and comment as directed by the project director.
3
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 ~greement of the Construction Team.
(3) The nontechnical documents consisting of the necessary bidding infonnation, General Conditions of
the Contract, Supplementary General Conditions of the Contract, Division one of the specifications,
proposal and contract fonn 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 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 confonn 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 defmition of a threshold building as
defmed in Chapter 553.71 (7), Florida Statutes, then the Architect-Engineer shall insert the following
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 defmition of a threshold building
as defmed 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 ~o 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.
(II) 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 defmed 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.
(12) The electronic files to be delivered under this Agreement contain information to be used for the
production of contract documents for the Government Center, City of Sunny Isles Beach, 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 PHA.SE
(I) 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.
5
(3) The Architect-Engineer shall attend the prebid conference and bid opening for each Bid Group.
(4) The Architect-Engineer wiIl 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.
(I) The Construction Phase wiIl 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, wiIl terminate when fmal payment to the Contractor is
made, or in the absence of a fmalCertificate 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
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) 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.
(8) 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
6
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. .
(9) 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 fmaljudge 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.
(11) The Architect-Engineer's decision in matters relating to artistic effect shall be fmal 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 shaH 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 shaH 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 shaH 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 shaH 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 fmal completion and shaH 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 shaH not be modified or extended without the
written consent of the Owner.
7
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), thlY shaH
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.
4.4 Providing Detailed Cost Estimates.
4.5 When required by the Owner, preparing documents for Change Orders.
4.6 Consultation conceming 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.
(I) If the Owner and the Architect-Engineer agree that more extensive representation at the site than is
described in Article 3.7 shaH 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 shaH describe
the duties, responsibilities and limitations of authority of such Project Representatives.
(3) Through the observations of such Project Representatives, the Architect-Engineer shaH endeavor to
provide further protection for the Owner against defects and deficiencies in Work. but the furnishing
of such Project representation shaH 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.
8
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.
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 shaH pay for structural, chemical, mechanical, soil mechanics or other tests and reports, if
required.
6.6 The Owner shaH 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 shaH 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 shaH cooperate in revising the project scope
or quality, or both, to reduce the cost as required.
9
ARTICLE 7
CONSTRUCTION COST
7.1 DEFINITION
(I) 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 I 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 speciaHy provided for by the
Architect-Engineer. It shaH also include the Contractor's compensation for services, Reimbursable
Costs and the cost of work provided by the Contractor.
(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
(I) 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 Bid 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 fLxed limit of Construction Cost shaH 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 fLxed 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 originaHy scheduled date and the date
on which Bids are received.
(4) Ifa 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 shaH (I) 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 shaH modify the Drawings and Specifications as
necessary to comply with the fLxed limit, without additional cost to the Owner if the Architect has
10
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.
ARTICLE 8
REIMBURSABLE EXPENSES
8.1 Reimbursable Expenses include actual expenditures, not incidental to the services defmed 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 foIlowing incidental expenses. AIl 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 defmed 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
(I) Payments against the foIlowing Lump Sum portions of he Basic Services Fee shaIl be made monthly
in proportion to the percentage of each completed during the previous months:
Master Planning .......
Schematic Design Studies Phase. . . . . . . . . .
Design Development Phase......................
Construction Documents Phase
50% Documents ...
100% Documents ..
Receipt of Bids or Construction Authorization
Construction Phase ...............
Total.................... .
S 31.478.00
70.676.00
140,666.00
171.062.00
171.062.00
26.039.00
141.953.00
S 752,936.00
(2) Pa)'ments for Additional Services of the Architect-Engineer as defmed in Article 4 hereinabove as a
Lump Sum shaIl be made as prescribed in the Authorization.
(3) Payments for Additional Services of the Architect-Engineer's services as defmed in Article 4
hereinabove as a Multiple of Actual PayroIl Costs, and for Reimbursable Expense as defmed in
Article 8 hereinabove, shaIl 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 PA YMENTS WITHHELD
(1) No deductions shaIl be made from the Architect-Engineer's compensation on account of penalty,
liquidated damages OF other sums withheld from payments to Contractor, or on account of changes in
Construction Cost other than those for which the Architect is held legaIly liable.
(2) The Architect-Engineer shaIl 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.
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 shaIl 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 generaIly recognized accounting basis and shall be available to the Owner or his
authorized representative at mutuaIly convenient times.
ARTICLE 11
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 unilateraIly terminated by the Owner for refusal by the
Architect-Engineer to aIlow 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 pa)ment and profit for work completed to the time of termination, only. The percentage
of completion shaIl be determined by the Owner, based upon the approved Schedule.
12
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 aad 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 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 shaIl 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 shaIl set forth in a petition addressed to the Owner stating:
(I) 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 shaIl 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 fmal 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.
13
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".
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
14
current at the time of submitting such proposals. The Architect-Engineer agrees that Basic Services
Compensation and any authorized additional service compensation shaIl 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 shaIl be made within one year foIlowing completion of the
services covered by this Agreement.
16.6 Architect-Engineer's PaymeniRights
Architect-Engineers providing goods and services to the Owner should be aware of the foIlowing 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 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 (I)
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
caIling the State ComptroIler'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 of36 months from the date of being placed on the convicted vendor list."
16.8 Unauthorized Aliens
The Department shaIl consider the employment by any contractor of unauthorized aliens a violation of section
274A(e) of the Immigration and Nationalization Act. Such violations shaIl be cause for unilateral canceIlation
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 I fiscal year, unless the foIlowing 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.
, ~
_oJ
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 Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect-Engineer
harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the
extent caused by the Agent's or Owner's negligent acts, errors or omissions and those of his or her contractors,
subcontractors or consultants or anyone for whom the Owner is legally liable, and arising from the project that
is the subject of this Agreement.
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.
The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to. the
Architect-Engineer for the indemnification set forth in this Agreement. The limit of such indemnification shall
be $500,000.00.
The Architect-Engineer hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other
good and valuable consideration from the Agent and Owner in exchange for giving the Agent and Owner the
indemnification provided herein.
16.11 Insurance Requirements
The Architect-Engineer shall maintain during the terms, except as noted, of this Agreement the following
insurance:
A. Professional Liability Insurance in the amount of$l,OOO,OOO.OO, 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'slEngineer'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
5300,000.00 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
16
(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 16.11 A and 16.11 C, 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
intention of the Deparbnent 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.
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fIrst written above.
ARCHITECT-ENGINEER
...
By
(Corporate President's Signature)
/
Attest:
By ~~cJ1/ ~~oJ-t
(Corporate Secretary's Signature)
As Witnessed:
Hilario Candela
(Type Corporation President's Name)
By~M r~/k
~ -
SPILLIS CANDELA & PARTNERS, INC.,
A DELA WARE CORPORATION
LICENSED TO DO BUSINESS IN THE
STATE OF FLORIDA
(Type Corporation Name)
(Corporate Seal)
OWNER
By j(J~~ J! tf/;~
By
As Witnessed:
APPROVED:
ough,
Contracts Adminis r,
Building Construction,
Department of Management Services
Approved As To Form And Legality:
By ~~I~O~
Department of Management Services
18
As Witnessed:
By
OWNER
CITY OF SUNNY ISLES BEACH
APPROVED:
By
David Samson, Mayor
Approved As To Form And Legality:
19
Owner
Richard Arcuri
Tom Berley
H.R. Hough
Harold Barrand
Deborah Whitehouse
Client Agency
David Samson
James DiPietro
Lynn M. Dannheisser
Architect-Engineer
Paul Reinarman
R. Sixto
L. Klein
L. Valle
1. Bauza
1. Clarke
R. Lage
Contractor
To Be Determined
To Be Determined
To Be Determined
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Project Director
Manager, South/Central
Section
Contracts Administrator
FCO Manager
Director
Project Development
Mayor
City Manager
City Attorney
Project Principal
Project Manager
Senior Design Architect
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Civil Engineer
Project Executive
Project Manager
Project Superintendent
20
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION
CONSTRUCTION BUDGET
TOTAL CONSTRUCTION BUDGET
$ 9,900,000.00
21
EXHIBIT C
OWNER'S PROJECT BUDGET
CONSTRUCTION BUDGET (EXCLUDES PARKING DECK)
ARCHITECT-ENGINEER COMPENSATION
AUTHORIZATION # 1 - PROGRAMMING
AlE ADDITIONAL SERVICES ALLOWANCE
INDEMNIFICATION
CHANGE ORDER CONTINGENCY ALLOWANCE
CONTINGENCY ALLOWANCE FOR OTHER ITEMS
DMS FEES
TOTAL
$ 9,900,000.00 .
752,936.00
30,000.00
159,000.00
10.00
350,000.00
568,134.00
189,920.00
$ 11,950,000.00
22
EXHIBIT D
MASTER PLAN SERVICES
Master Planning:
Scope of services is limited to providing three preliminary CAD generated Master Plan Schemes depicting the proposed
development of the site and adjacent road and riverwalk layout. Three meetings are scheduled with the Owner. One
massing model of the selected scheme is included. Time duration for services will be limited to six weeks. (Riverwalk
and adjacent road improvement design development, technical drawings and specifications, and any drawing for State
and local agency approvals are beyond the preliminary design stage and is a separate engineering scope of service that
is beyond the basic scope of services for this Project). .
23
EXHIBIT E
PROGRAMMING PHASE DATA
PERIODIC WORK PRODUCT
NO. OF
COPIES
TO SUBMIT
SUB MITT AL
SCHEDULE
(DA YS*)
DRAFT
10
FINAL
10
42
*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.
24
EXHIBIT F
PLANNED PERIODIC VISITS DURING CONSTRUCTION
INDIVIDUAL'S NAME INDIVIDUAL'S DISCIPLINE PLANNED PERIODIC VISITS
R. Sixto Architecture 12 Monthly Visits
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
25
EXHIBIT G
PROJECT DESIGN SCHEDULE
TIME FROM NOTICE
TO PROCEED
ACTION
6 Weeks
Master Plan
8 Weeks
Schematics Design Phase
8 Weeks
Design Development Phase
12 Weeks
Construction Document Phase
12 Months
Construction Administration
26
EXHIBIT H
PROPOSED ADDITIONAL SERVICES ALLOWANCES
PROGRAMMING
PARKING DECK DESIGN FEE (MAX. 150 SPACES)
LANDSCAPING
SECURITY
FINAL TRAFFIC ANALYSIS
$30,000.00
75,000.00
37,000.00
32,000.00
15,000.00
TOTAL
$189,000.00
.:..
JUL 1 4 1999
~~WEIf3
DEPARfMENT OF MANAGEMENT
SERVICES
City of Sunny Isles Beach
JEB BUSH, GoVERNOR
4050 Esplanade Way. Tallahassee, Florida 32399-0950
Building Construction
Building 4030, Suite 315
TOM MCGURK. SECRETARY
July 9, 1999
Mr. James DiPietro
City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Received at commission meeting on
~I~ ffllrom: G~
RE: Recommendation of Services and Fees provided by Spillis, Candela & Partners, Inc., for the
design of the new Government Center
Dear Sir:
In accordance with the Resolution No. 99-141 passed by the City Commission on June 17, 1999 approving .
the agreement for servic~s with the State of Florida, Department of Management Services and at the
direction of a letter dated June 17, 1999 from James DiPietro, City Manager, the Department of
Management Services entered into negotiation with Spillis, Candela & Partners, Inc. for design services on
the new Government Center.
Negotiations were succt:ssfully concluded on July 8, 1999 with the Mayor, David Samson, the City
Manager, James DiPietro, tht: City Attorney, Lynn Dannheisser, the Finance Director, Jack Neustadt and
the staff of the Depmtment of Management Services in attendance.
The services and fees negotiated are within the range that are acceptable to the Department of Management
Services and are within the national averages as well.
It is the recommendation of the Department of Management. Services, Building Construction that the fees
and design services of Spillis, Candela & Partners, Inc. for the new Government Center negotiated on July
8, 1999 be approved by the Commission.
It is the opinion of the Department of Management Services that $9,950,000 is adequate for the
Construction Budget of the new Government Center. It is recommended that based on historical data the
Total Project Budget, which includes the Construction Budget, should be in the range of $11,950,000. If
the master planning indicates a need for a parking structure, the Construction Budget will need to be
increased by $1,500,000 and the Total Project Budget by $2,000,000.
The Department of Management Services looks forward to this exciting opportunity and stands ready to
move forward based upon the Commission's wishes.
7;?/~t
H.R. Hough
Contracts Administrator
HRH:cdj
4
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July 8,1999
Mr. James DiPietro
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
I I .ll>~ 1\IoJ I~'llll :\1"
Re: Government Center
Sunny Isles Beach
Dear Jim:
Spillis Candela & Partners, Inc. (SCP) is pleased to offer the following professional services
related to the new Government Center Facility to be located in Sunny Isles Beach, Florida. This
proposal includes an outline of Architectural and Engineering services, delivery schedules and
professional fees as discussed in our teleconference with the Division of Management Services
on July 6, 1999 and reviewed by the City today.
Based on our conversations we understand the scope of work to apply to a project having the
following characteristics:
· A Government Center Site of 1.58 acres contiguous with an F.D.O.T. 1.40 acre site not
presently owned by the City (which may be used as a possible park area). An F.D.O.T. 1.37
acre site, also contiguous with the Government Center Site.
· A new 75,000 gross square foot Government Center building to include a police facility, a
10,000 square foot library (shell space only), and a 1000 square foot post office.
· Compressed Natural Gas Fueling Facility -architectural features only. Engineering not
included, Site utilities for this portion of the work other than water, sewer, and storm
drainage is specifically excluded. Estimated cost of construction is $150,000.
· Total conslruction cost excluding Ff&E is estimated to be approximately $9,900,000.
Basic services to be provided by SCP will include Master Planning, Architectural/Interior design
and in.house Engineering for normal Civil, Structural, Mechanical, Plumbing, Fire Protection and
Electrical for a permit set of documents. SCP will make submissions to the Client at the
completion of Master Plan, Schematic Design, Design Development and Construction
Documents, These services and other contract issues are described in detail in State of Florida
Department of Management Service Agreement Between Owner and Architect-Engineer
(hereafter referred to as the Contract). This fee proposal is based on our using this contract form,
Basic service compensation for your project will be provided on the basis of a lump sum fee of
$752,936 which is inclusive of the Master Planning / Pre-Schematic Design Phase.
flOO l10llglas Entrance. Coral Gables, floricl~ .l3134 TEL 3054444691 FAX ]()5 447 ~580 www.scpmiami,com rIorida Li("en~ Me 00002S
3054473580 SPILLIS CANDELA PTRS
348 P03
JUL 08 '99 15:29
Spillis Candela & Partners, Inc.
James DiPietro
City of Sunny Isles Beach
-- July 8, 1999
Page 2 of 4
These services and the corresponding fees will be charged as follows:
Master Planning (to be completed within six weeks)
Schematic Design (to be completed within eight weeks)
Design Development (to be completed within eight weeks)
Construction Documents (to be completed within
twelve weeks)
Bidding
Construction Administration (to be completed within
12 months)
Total
$ 31,478
$ 75,294
$135,528
$338,821
$ 26,353
$145,462
$752,936
Civil Engineering Services required for on-site grading, drainage, utilities, drives and normal
assistance with permitting are included in the fee. Services related to environmental, traffic
issues, zoning variances, hazardous materials, off-site civil engineering or construction permits
are not included in this fee proposal.
Reimbursable expenses related to the project such as out-of-town travel, long distance
communications, reproductions, plotting, shipping, renderings, animations and models. These
expenses will be invoiced at 1.1 times the actual invoice.
The project schedule is a critical component of our fee quotation, The following schedule has
been proposed with 1 week for Owner review and approval at the end of each phase.
Master Planning Phase
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Construction Administration Phase
Six weeks
Eight weeks
Eight weeks
Twelve weeks
Approx. Twelve months (Early release
mobilization and foundation construction
document package will be required on
February 4, 2000 in order to meet March 1,
2001 Certificate of Occupancy.)
Another critical component of our proposal relates to the number of meetings and site visits
during construction. Please refer to Attachment 1 A for restrictions that apply to our Scope of
Services.
3054473580 SPILLIS CANDELA PTRS
348 P04
JUL 08 '99 15:29
Spillis Candela & Partners, Inc.
James DiPietro
City of Sunny Isles Beach
July 8, 1999
Page 3 of 4
Other services offered by SC&P or our consultants, which we can discuss further, include:
...._" Programming
.
. Security Consulting
. Furniture & Equip. Planning
. Graphics and Signage
. Landscape Architecture
. Three Dimensional Models
. Off-Site Civil Engineering
. Acoustical Consulting
. Specialty Lighting
. Detailed Cost Estimating
. Traffic Engineering
. On-site Project Representation
. As-Builts on electronic media
. Computer Renderings or Animations
Other services typically Owner provided include:
. Survey & Geo-technical Services
. Environmental Services (Le. Asbestos Abatement Report)
. Threshold Inspection
SCP normally coordinates the services of Sub-Consultants on most projects and charges 1.1 times
the amount billed to SCP for such coordination services, SCP requires each Sub-Consultant to
carry it's own professional liability insurance and does not include liability coverage for those
Sub-Consultants under SCPo
This proposal is based on several assumptions regarding project size, budget, schedule and the
requested scope of work, Adjustments to this proposal may be possible after further study or
clarification of the program. We appreciate the opportunity to provide professional services to
the City of Sunny Isles Beach and look forward to working with you in the coming months.
If this proposal is acceptablel we will be pleased to begin work upon receipt of your signed
acknowledgement below. We also have a corporate policy that requires the receipt of a retainer
on new projects to be applied toward the final invoice. We would like to discuss a reasonable
amount for this retainer to offset the expenses related to our first month's efforts,
After your authorization to proceed, we will invoice our services on a time basis according to the
attached Standard Billing Rates plus expenses until the Contract is finalized. Payments are due
and payable 10 days from the date of invoice. Invoices unpaid 30 days from
3054473580 SPILLIS CANDELA PTRS
348 P05
JUL 08 '99 15:30
Spillis Candela & Partners, Inc.
Ji:lm~s DiPietro
City of Sunny Isles Beach
July 8, 1999
Page 4 of 4
the date of invoice will accrue interest after 30 days from date of invoice and may cause work to
be interrupted, All invoices prior to the signing of the contract form will be credited toward the
contracted fee,
If yuu have any questions regarding this proposal, please feel free to contact me (305) 447-3573.
Sincerely,
Name: Paul Reinarman
Title: Principal
Please sign here to authorize SCP to begin work in accordance with the above terms.
Name: James DiPietro
Title: City Manager
For Company: City of Sunn}" Isles Beach
Date:
cc:
C. Kenyon
D. Klem
R. Sixth
Attachments:
SCP 1999 Standard Billing Rates Attachment No.1 A- Scope Limitations
Attachment NO.1-Fee Proposal Attachment No.2-Programming Scope
Attachment No.3 - Furniture Fixture & Equipment (FF&E)
L:!i'lu:Sun"y 1.1... IPropo..ILeIIet070799.doc
Spillis Candela & Partners, Inc.
A IT ACHMENT NO.1
Fee Proposal
Sunny Isles Beach Government Center
July 6, 1999
1, Basic Services per AlA B141 Contract--mmoooou-uumu-mm-moomoom$752,936
A. Master Planning/Pre-Schematics = $31,478
Scope of services is limited to providing three preliminary CAD generated Master Plan
Schemes depicting the proposed development of the site and adjacent road and
riverwalk layout. Three meetings are scheduled with the Owner. One massing model
of the selected scheme is included. Time duration for services will be limited to six
weeks. (Riverwalk and adjacent road improvement design development, technical
drawings and specifications, and any drawing for State and local agency approvals are
beyond the preliminary design stage and is a separate engineering scope of service that
is beyond the basic scope of services for this Project.)
B. Building Design Fee: Lump sum fee of $721,458 (7.4% of Construction Cost)
(Based on 75,000 sq. ft. building at $130/sq. ft. equals
building construction cost of $9,750,000).
2, Parking Deck Design Fee if needed: Lump sum fee of $75,000
(Based on a parking garage deck for 150 spaces maximum. This is a minimum
fee for a parking deck size of 150. The fee will need to be adjusted upwards if the
size of the parking deck is deemed insufficient subsequent to the Master Planning
scope of services.
lit
3, Programm i ngoooo___oo__________oooo_____________________oo_______________________oo___$::rl,000
Refer to Attachment No.2 for additional scope of services beyond Basic Services.
4. FF&E (Furniture, Fixture, & Equipment Services)
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
14% of FF&E cost
12% of FF&E cost
10% of FF&E cost
8% of FF&E cost
5, Consultant Allowances*
A. Landscape Architecture-----------------------------m-m---m----m------ $37,000
B. Secu ri ty-------------------------u------------------------------------------------ $32,000
C. Fi na I T raffi c Ana Iys is_________m____________m_________m_______m_m__m_ $15,000
* All consultant allowances are based on previous SCP experience on projects of similar
scope. Fees are additional beyond Basic Services and will be determined at the end of
Master Planning Phase.
Spillis Candela & Partners, Inc.
A IT ACHMENT 1 A
limitations on scope of services:
Sunny Isles Beach Government Center
July 6, 1999
Meeting with Owner
1. Master Plan
a. Two meetings with Owner plus one Master Plan Final Presentation
2. Schematic Design Phase
a. Three review meetings with Owner at plus one Schematic Phase Final meeting.
3. Design Development Phase
a. Two review meetings with Owner plus one Design Development Final meeting.
4. Construction Document Phase
a. Two meeting with Owner at NE's office plus 50% and 100% Construction
Document Review.
5. Bidding
a. Opening of sub-contractor bids - one meeting
6. Construction - Construction Conference Meetings only. Refer to Meetings during
Construction below.
Meetings During Construction
1. Fourteen monthly construction (or Owner/Contractor) conferences
(Seven by Project Manager (PM); Fourteen by Project Architect (PA); one each by
engineer of each discipline)
2. Structural Eng.:
3. Civil Eng.:
4. Mechanical Eng.:
5. Electrical Eng.:
Site Visits During Construction
1. PM and PA: Site visits will occur during monthly construction (or Owner)
conferences.
Eight visits at four hours ea.
Two visits at four hours ea.
Twelve visits at four hours ea.
Ten visits at four hours ea.
Meetings During Construction Document Phase with Construction Manager
1. Two meetings at four hours each in NE's office (all SC P disciplines will participate)
Cost Estimate
Schematic Design cost estimate will be provided by NE based on building area. Other cost
estimates by Construction Manager.
Other Meetings
Other meetings not specifically outlined above will be charged at SCP standard billing
rates.
Spillis Candela & Partners, Inc.
SCP STANDARD BILLING RATES
CALENDAR YEAR 1999
ARCH ITECTURE/ENGINEERING
& INTERIOR DESIGN
Principal
Sr. Project Manager/Director
Project Manager A-E-I
Project Arch/Eng/Designer
Engineer
Job Captain/Designer
Senior Drafter/Designer
Drafter/Designer
Construction Admin.
Spec Writer
Typist
CADD Equipment
Billing rates subject to annual escalation as
of calendar year end.
$165.00
130.00
115.00
95.00
80.00
75.00
65.00
50.00
80.00
90.00
45.00
$20.00
Spilli<; C.1ndel,l & P.ulrwr<; 1!11('lior,
ATTACHMENT NO, 2 - PROGRAMMING SCOPE
DATE
PROPOSAL TO
PROJECT:
June 4, 1999
City of Sunny Isles Beach
Sunny Isles Beach Government Center
DEFINITIONS:
City of Sunny Isles Beach, hereinafter to be called the Owner.
The Program, Space Standards, and Block and Stack Diagrams associated with the new 75,000
SF City Hall, and the Feasibility Studies associated with the new City Hall hereinafter to be
called the Project.
Spillis Candela & Partners, Inc., hereafter to be called SCPI.
BASIC SERVICES:
Services shall proceed according to phases outlined below and 111 accordance with an
established schedule.
PHASE I -PROGRAMMING
1. SCPI shall meet with the Owner to determine criteria for the new City Hall to establish
team responsibilities, methods of approval, project procedures and schedule
requirements including project quality, image and special considerations.
2. SCPI shall review the existing Owner information regarding space usage, existing and
proposed space standards for workstations and offices, projected growth or
organizational change.
3. SCPI shall review program questionnaires with the Owner to confirm projection periods
to be surveyed and to obtain any comments or changes.
4. SCPI shall conduct one orientation meeting to all department heads at the same time to
review and explain how the Program Management Questionnaire is to be completed.
5. SCPI shall conduct a personal interview with each department head and other key
representatives as appropriate to review and clarify the completed information, tour
existing departments to review departmental general operation.
City of Sunny Isles Beach
Scope of Services
June 4, 1999
Page 2
6. SCPI shall meet with senior management to obtain specific information and define
criteria for building common areas and amenities such as the Post Office, Public Lobby,
Commission Chamber, Community Center, etc.
7. SCPI shall analyze and tabulate the detailed Space Program Reports, which would
include the following:
a. Summaries and tabulations of personnel and departmental requirements for target
years to include current, move-in and whatever designated growth projection;
b. Departmental adjacency relationships.
8. SCPI shall present to the Owner the draft report at a Draft Program review meeting and
obtain the Owner's comments.
9. SCPI shall incorporate the Owner's comments and submit final Program which shall
include Adjacency Matrix and Conceptual Stacking and Blocking Diagrams.
PROFESSIONAL FEES AND OTHER EXPENSES:
1.
SCPI shall be compensated by the Owners as follows:
$30,000
2. The Owner shall reimburse SCPI for the following expenses when incurred on behalf of
the Project: transportation, lodging, and meals in connection with travel; long distance
telephone calls, courier services, reproduction costs; photographic production
techniques; expense for renderings, models and mock-ups requested by the Owner. All
expenses shall be invoiced at cost plus 10% to cover administrative expenses.
Spill is Candela & Partners Iii"',,,,
ATTACHMENT NO.3 - Furniture & Furnishings Scope
DATE
PROPOSAL TO
PROJECT
June 4, 1999
City of Sunny Isles Beach
Sunny Isles Beach Government Center
DEFINITIONS
City of Sunny Isles Beach, hereinafter to be called the Owner.
The furniture and furnishings associated with the New Administration Building consisting
of 64,000 GSF of office space, a Commission Chamber and Police Department.
Spillis Candela & Partners Interiors, hereafter to be called SCPI.
Spillis Candela & Partners, Inc., hereafter to be called the Owner's Architect.
BASIC SERVICES:
SCPI shall provide furniture plans, selections; specifications and color coordination to
building finishes. SCPI shall coordinate Owner's requirements for lighting, telephone,
power and data locations with the furniture plan and provide the information to the
Owner's Architect
Services shall proceed according to phases outlined below and in accordance with an
established schedule for each facility:
PHASE I - SCHEMATIC DESIGN
1 SCPI shall meet with the Owner to establish team responsibilities, methods of
approval, Project procedures and schedule requirements.
2. SCPI shall consult with the Owner to confirm the overall objectives for the new
office space and the criteria for design quality and cost; Owner shall provide a list
of acceptable furniture manufacturers available on state contract from which SCPI
can make selections. If the Owner desires an evaluation and inventory of existing
furniture, which is an optional service listed separately, it shall be completed at
this time.
Spillis Candela & Partners Inll'ri,;r'o
City of Sunny Isles Beach
Scope of Services
June 4, 1999
Page 2
3. Based upon the Owner's complete Program Update (identifying staff counts and
workstation sizes, enclosed offices and support spaces, open area support spaces,
file and equipment requirements and adjacencies) as well as the Owner's
determination of existing furnishings to be reused, SCPf shall prepare and present
for approval preliminary furniture layouts illustrating workstation block plans,
office layouts, and support spaces.
4. SCPI shall prepare a preliminary design presentation consisting of:
a) Recommendations for furniture systems and loose furnishings selected from
state contract;
b) Concepts for color palettes and finish materials to coordinate with architects
building color scheme;
c) SCPf shall prepare a Furniture Budget.
5. SCPI shall present the Schematic Design and Budget to the Owner for review and
approval.
PHASE II - DESIGN DEVELOPMENT
1. SCPf shall further develop the approved Schematic Design and prepare a Design
Development presentation coordinated with the Buildings approved layouts and
color schemes consisting of:
a. Furniture layouts in relationship to the partitions.
b. Workstation standard configurations to illustrate filing, storage and work
surface area.
c. Recommended furniture, including materials, colors and finishes,
ill ustrated with photographs and samples;
d. Prepare updated Furniture Budget based upon the quality and unit costs of
furniture, furnishings and finishes approved by the Owner for the Project.
Spillis Candela & Partners liltl rl;!r,
City of Sunny Isles Beach
Scope of Services
June 4, 1999
Page 3
2. SCPI shall present the Design Development and the updated Budget to the Owner
for review and approval.
PHASE III - CONTRACT DOCUMENTS AND BIDDING PROCESS
1. Based on the approved Design Development, SCPI shall prepare descriptive
specifications for Owner's purchase or bid of furniture from state contract.
Furniture specifications shall be written based upon Owner's approved
manufacturer and "or equal" if required.
3. SCPI shall prepare coded floor plan indicating locations for the installation of new
furniture.
4. Owner shall prepare front-end Bid Documents and Bid Form, pre-qualify bidders,
advertise for bid, evaluate bid proposals, and award bid to the approved furniture
vendors, and suppliers; SCPI shall assist the Owner with the bid proposal
evaluation.
PHASE IV - ADMINISTRATION or CONTRACT DOCUMENTS
1. SCPI shall consult with the Owner and contractors to establish construction and
installation schedules.
2. During the installation phase, SCPI shall attend; 1) a job site meeting with the
Contractor and Installer to coordinate procedures; 2) a job site review of initial
partition layout installations; and 3) a final punch list walk-through with the
Owner and the installer.
3. SCPI shall prepare and issue to the General Contractor; Manufacturers and
Dealers punch lists specifying the work to be corrected before final payments are
issued by the Owner.
ADDITIONAL SERVICES:
For Additional Services requested by the Owner, not within the current understanding of
the Basic Services, SCPI shall be compensated on an hourly basis (DPE). Such services
shall be documented in writing by SCPI prior to their commencement, Such Additional
Services, while not limited to the following, shall include:
Spillis Candela & Partners i'll('rii)r~
City of Sunny Isles Beach
Scope of Services
June 4, 1998
Page 4
1. Additional work resulting from changes requested and authorized by the Owner
after previous work has been approved.
2. Professional services made necessary by the default of contractors or vendors or
by major defects in the work of the contractors and vendors.
3. Telephone system planning.
6. Individual private office design.
7. Work in any sub-tenant areas.
8. Reproducible as-built drawings.
9. Signage and graphics programs.
10. Art, oriental rugs and individual accessories selection.
11. Interior Landscaping.
12. Furniture Inventory,
.
DEI'.~RT~ENT OF MA.'lAGE.\(ENT
SERVICES
4050 EspbnJde Way. TJilJh=, Florida 32399-0950
-'~7 .
/' (?e:r
. .
70:\ CHILES. C(WER~OR
WILLlA.\1 H. lI:-<ONER, SECRET.\RY
May 7, 1997
Division of Building Construction
Building 4030, Room 315
Spillis Candela & Partners, Inc,
800 Douglas Entrance,
Coral Gables, Florida 33134
RE: TD-96063000
New Police Headquarte%s & Fit:'e Station,
EMS Facililty,
Davie, Florida
)CUMENT: AGREEMENT
ntlemen:
:losed is a fully executed copy of the above referenced document.
\tinue your efforts under the direction of our Project Director,
.ley,
!erely,
Hough,
lcts Administrator
Ire
~omptroller
iscal
,m Berley (DMS)
411,/97
..
"',
HCI..:ydcd 1'.lpcr
Please
Mr . Tom
--~
{
/
EXHIBIT H
ADDITIONAL SERVICES
FOR
NEW POLICE HEADQUARTERS & FIRE STATION / EMS FACILITY
TOWN OF DAVIE
BROWARD COUNTY, FLORIDA
Notwithstanding anything to the contrary outlined in Article 3, Architect-Engineer's Basic Services,
and Article 7, Construction Costs, during negotiations, the following services were identified as
additional services and, subject to the Owner's notice to proceed, are authorized.
ADDITIONAL SERVICES
AMOUNT
BOUNDARY, TOPO. & UTILITY SURVEY ($4,500 estimate)
Seek Bids
SUBSURFACE INVESTIGATION & RECOMMENDATIONS ($10,000 estimate)
Seek Bids
.PERMITTING
$2,500
FLEET ANALYSIS (Not required by State)
N/A
ONE YEAR WARRANTY INSPECTION
In Basic
DETAILED COST ESTIMATING (4 estimates to be submitted)
Seek Bids
PROGRAMMING by SC&P
$15,000
MASTER PLANNING by SC&P
$20,000
"INTERIORS (See attached Exhibit J) ($72,000 max. by SC&P)
Authorize as necessary
LANDSCAPE ARCHITECTURE (Consultant) ($8,000 quote)
Consultant fee
THRESHOLD INSPECTION (Not anticipated at this time)
N/A
RENDERING (24" x 36" Color rendering, not by computer)
In Basic
PRINTING (10 Sets @ 5 intervals)
$0
TRAVEL (70mi. x 60 trips)
$0
PHONE / FAX
$0
TOTAL
$37,500
· ALTHOUGH PREPARATION OF THE PERMIT APPLICATIONS ARE A PART OF THE BASIC FEE,
SPECIAL SKETCHES AND CALCULATIONS ARE NORMALLY REQUIRED BY THE PERMITTING
AGENCIES AS WELL AS NUMEROUS MEETINGS. THESE ITEMS ARE NOT INClUDED IN THE
BASIC FEE.
"Floor plan layout of office areas with demountable walls, based upon existing program, will be
provided under basic services.
Spillis Candela &. Partner'S, Inc.
WMPDAVIE.XLS
Add Serv
~
4/21/97
,
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~o
(i'.
DF.r.\Il.T.\IE:-fr OF .\t.\:'IACE.\IENT
SERVICES
4050 Espl.uudc \'('J~' . T JILihJS.SCc. Florida 32399-0950
L\':no:-; CHllE.:i, (';IWF.RSOR
""lllL\.\1 H. lI:-;D~ER. SECRET.\R',
ARCHITECT -ENGfNEER AGREEMENT AUTHORITY
Town of Davie
TD-96059000,B-97 -35
Davie New Police, Fire/EMS Facility
Davie, Florida
-
Pursuant to Section 20.05(1)(b), Florida Statutes, and the Delegatipnof Authority of November
2, 1995, from Secretary, William H. Lindner, to the Director of the Division of Building
Construction, the following is hereby approved:
Authority for the Contracts Administrator of the Division of Building Construction to negotiate,
prepare, process and execute an Agreement, on behalf of the Division of Building Construction,
for professional services for the project as shown above in accordance with the Consultant's
Competitive negotiation Act in the order noted for each of the firms listed below. The estimated
construct~on.~udge~ is $8,197,611.00.
. - .. ~_.._~. --"- - '._~"
1. Spillis, Candela & Partners
2. Briel, Rhame Poynter & Houser
3. Borrelli & Associates
Recommended:
APPROVED:
By
Directo ,
Division of Building Construction,
Department of Management
Services
By:
Fixe Capital Outl y Projects nager
Division of Building Construction
Department of Management Services
Dated:
4,- l4-'t7
Daled:--4' - 1(. - Ii 1
,.
.."
f{('..."...lc,ll"...'<"(
any clainl arising under this contract within the ninety (90) .day time period
specified above shall constitute waiver and abandonment of cla~mant'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 Leon 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".
ARTICLE 16
SPECIAL PROVISIONS
16.1 The Professional Services Guide of the Division of Building Construction,
Dppartment of Management Services, State of Florida, 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 Manager and utilize only those portions of this document
which apply.
14
...
..
16.2 Monfhly Reports:
(1) The monthly report shall consist of the meeting minutes of any
meetings that the Architect-Engineer attends.
(2) The Architect-Engineer shall complete the 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 the Division of
Building Construction, (proj ect . 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
Owne~ and shall provide copies of the same to the Owner 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 accnrate, 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
The Owner will pay the Architect-Engineer in accordance with the Florida
Prompt Payment Act.
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."
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16.8 UnauthorUed 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,
,
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement. the day and
year first written above.
ARCHITECT-ENGINEER
Attest:
APPROVED:
By
~
's SignatuFe)
J e..t:.v~r/
By ~
(Corp rate". ' 's Signature)
e... e: 6.
? i
/ghr~iJ;/~ S
(Type Corpora on President I s Name)
As Witnessed:
By
(~/~:~~~
.r-- . .,/"'"
SPILLIS CANDELA & PARTIiEPS, INC"
A FLORIDA CORPORATION
(Type Corpo:ration Name)
L.
'--"
,
(Corporate Seal)
OWNER
As Witnessed:
APPROVED:
By j!J~}f iP/~
By
H.R. Hough,
Contracts Adminis ator,
Division of Building Construction,
Department of Management Services
Approved As To Form And Legality:
By
Office of Ge
Department of
1 Counsel,
anagement Services
.}
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TOWN OF DAVIE
As Witnessed:
APPROVED:
By
By
Harry Venis, Mayor
Approved As To Form and Legality:
By
Legal Counsel, Barry webber, Town Attorney
.).
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Aqent
Martin Blaire
Tom Berlev
H.R. Hough.
Harold Barrand
William A. Scaringe
Owner
Herb Hvman
Architect-Enqineer
Julio Gabriel
Julio Bermeo
H. Tonella
E. Rivero
R. Hunt
S. Berler/J. Matute
Contractor
To-Be-Determined
To-Be-Determined
To-Be-Determined
.~
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EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Project Inspector
Manager, Central Project Development
Section
Contracts Administrator
FCO Manager
Division Director
Project Director
Project Principal
Project Manager
Mechanical Engineering Inspector
Electrical Engineering Inspe~tor
Structural Engineering Inspector
Architectural Inspector
Project Executive
Project Manager
Project Superintendent
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ITEM DESCRIPTION
TOTAL CONSTRUCTION BUDGET
.}
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
19
'(
CONSTRUCTION BUDGET
$ 7.500.000.00
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EXHIBIT C
OWNER'S PROJECT BUDGET
CONSTRUCTION BUDGET
ARCHITECT-ENGINEER COMPENSATION
FURNITURE, FIXTURES & EQUIPMENT
OWNERS CONTINGENCY ALLOWANCE FOR OTHER ITEMS
TOTAL
J
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$ 7,500,000.00
640,000.00
700,000.00
944.312.00
$ 9.784,312.00
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EXHIBIT 0
*PROGRAMMING/MASTER PLANNING PHASE SERVICES
(ARCHITECT-ENGINEER I S SCOPE OF WORK FOR
THE PROGRAMMING PHASE GOES HERE)
...~ 'r~~
*To be authorized by the Owner upon execution of this Agreement for the amount
as indicated in Exhibit H,
"
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EXHIBIT E
"PROGRAMMING/MASTER PLANNING PHASE DATA
PERIODIC WORK PRODUCT
NO. OF
COPIES
TO SUBMIT
SUBMITTAL
SCHEDULE
(DAYS. )
Draft
Final
10
10
*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 O~er's approval of the
previous Periodic Work Product,
.!
**To be authorized by the Owner upon execution of this Agreement for the amount
as indicated in Exhibit H.
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EXHIBIT F
'(
PLANNED PERIODIC VISITS DURING CONSTRUCTION
INDIVIDUAL'S NAME
Julio Bermeo
Jose Matute
Steve Berler
Ron Hunt
Gerardo Alvarez
Heber Tonella
Emilio Rivero
Curtis Roqers
..>
INDIVIDUAL'S DISCIPLINE PLANNED PERIODIC VISITS
Pro; ect Manaqer
Staff Architect
Staff Architect
Structural Enqineer
Civil Enqineer
Mechanical Enqineer
Electrical Enqineer
Landscape Architect
1 - 6-Hour Visit
30 - 6-Hour Visits
30 - 6-Hour Visits
3 - 6-Hour Visits
4 - 6-Hour Visits
4 - 6-Hour Visits
4 - 6 -Hour Visits
2 - 6-Hour Visits
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EXHIBIT G
PROJECT SCHEDULE
DATE
ACTION
To be determined after Construction Manager is selected, .
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
DIVISION OF BUILDING CONSTRUCTION
AGREEMENT BETWEEN OWNER AND ARCHITECT-ENGINEER
STATE PROJECT NO,:
TD-96063000
PROJECT NAME AND LOCATION:
NEW POLICE HEADQUARTERS & FIRE STATION/
EMS FACILITY,
DAVIE, FLORIDA
CONTRACTOR:
TO BE ASSIGNED
ARCHITECT-ENGINEER:
SPILLIS CANDELA & PARTNERS, INC.,
A FLORIDA CORPORATION,
800 DOUGLAS ENTRANCE,
CORAL GABLES, FLORIDA 33134
(305)444-4691
.,
'"
Lawton Chiles,
Governor
AE4
REV, 3 -21-97
William H. Lindner,
Secretary
..
I AGREEMENT BETWEEN OWNER AND ARCHITECT-ENGINEER
THIS AGREEMENT
made this 9" day of ..A-;;,,/! in the year Nineteen Hundred and Ninety Seven
BY kVD BETWEEN THE DIVISION OF BUILDING CONSTRUCTION, DEPARTMENT OF MANAGEMENT
SERVICES, STATE OF FLORIDA, THE OWNER, and SPILLIS CANDELA & PARTNERS. INC., A
FLORIDA CORPORATION. 800 DOUGLAS ENTRANCE. CORAL GABLES. FLORIDA 33134. Fed~ral
Tax r.D. Number: 59-1290432, 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 it 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 most expeditious and
economical manner consistent with the interest of the Owner"
1.2 The Construction Team - The Contractor, the Owner, the Agent 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 Aqreement - This Agreement for professional services for State
Proiect Number TD-96063000 entitled "New Police Headquarters & Fire
Station/EMS Facility, Davie, Florida", represents' the entire Agreement
between the OWner and the Architect-Engineer, This Agreement shall not
be superseded by any provisions of the documents for construction and may
be amended only by written instrument signed by the Owner and the
Architect-Engineer,
1,4 Definitions:
Proiect - The Project is the total work to be performed under this
Agreement, The Project consists of planning, design, construction and
associated site work to build the component parts of the project.
Owner - The State of Florida, Department of Management Services, Division
of Building Construction, acting through its Secretary or those persons
designated by the Secretary to act on his behalf, as Agent for the Town
of Davie pursuant to Client Agency agreement dated December 6, 1996 as it
may be amended from time to time. The entity that will occupy, use and
o~ the project. upon substantial completion is the Town of Davie, Davie,
Florida. The funds with which the compensation of the architects,
engineers, contractors, etc., will be paid are under the control of the
Town of Davie, Davie, Florida. Payments under this contract, as
prescribed hereinabove, will be made by the Town of Davie, Davie,
Florida, based on approval of each payment by the Division of Building
Construction, Department of Management Services, State of Florida. All
duties of Owner hereinafter shall be performed by the Division of
Building Construction.
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Contractor - TO-BE-DETERMINED
Architect-Enqineer $pillis Candela & Partners. Inc.. A Florida
Corporation. 800 Douqlas Entrance. Coral Gables. Florida 33134.
proiect Manaqer - The person designated by the Owner
interface with the Architect-Engineer with respect
responsibilities.
to provide direct
to the Owner's
1.5 Owner's Construction Budqet: Owner's funds budgeted and requested for
construction of the Project. The Owner's Construction Budget is
$7.500.000.00, 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 Proiect Budqet: The Owner's funds budgeted and requested for the
development of the proj ect 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
$9.784.312.00,identified in Exhibit C, which Exhibit C by reference and
attachment hereto forms a part of this Agreement,
1.7 Architect-Enqineer'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 .
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
3.8.1 (18) hereinafter, the lump sum amount of $640.000.00 , to be paid
as prescribed in Article 9.1 hereinafter.
2.2 'For Additional Services defined in Article 4 and for which a lump sum is
identified in Exhibit H, the Lump Sum prescribed in the notice to
proceed for such service. The remaining additional services identified
in Exhibit H shall be paid as a negotiated amount,
2.3 For Additional Services defined in Article 4 and in Exhibit H hereinafter
to be paid as a fnultiple 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 proj ect. The multiples being applied to the Actual
Payroll Costs cover overhead, profit and fringe benefits such as, but not
ljmited to, social security contributions, unemployment taxes, excise
taxes, payroll taxes, worker's compensation, he~th and retirement
benefits, bonuses, sick leave, vacation and holiday pay. The Overhead,
Profit & Fringe Benefit Multiplier for Firms not listed below will be
approved by the Owner's Project Manager when authorizing additional
services required for the project.
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FIRM
OVERHEAD, PROFIT " FRINGE
BENEFIT MULTIPLIER
2.85
Soillis Candela " Pa~tne~s. Inc.
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 PROGRAMMING/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/Master Planning Phase Documents, the Schematic Design
Studies for all components as necessary to achieve a solution
acceptable to the Owner. The Conceptual Design Studies shall
consist of sketches, concepts, organization, orientation,
relationship to existing and future facilitie~, 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 copies of
the Conceptual 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, 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.
*To be authorized by the Owner upon execution of this Agreement for the amount
as indicated in Exhibit H.
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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.
(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 ~ copies of
the Design Development Documents for review and comment as directed
by the project director.
3.5 CONSTRUCTION DOCUMENTS PHASE
(8)
,4'
(9 )
(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,
(4) The Ar~hitect-Engineer shall provide and distribute 10 copies
of the Contract Documents 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, 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 -1- cop~es of the
CAOD Documents as described in Article 3.5 (11) hereinbelow.
(7)
The Architect-Engineer,
shall prepare necessary
mylars or camera ready
Contractor. All addenda,
by the Project Director.
shall be forwarded to the
consulting with the Construction Team,
addenda to each Bid Group and provide
copy of each as appropriate to the
prior to distribution, shall be approved
Copies of each addendum, properly sealed,
Project Director and FCO Manager.
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.
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
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The Architect-Engineer shall signify his responsibility for the
Contract Documents prepared pursuant to this ~greement by affixing
his signature, date and seal thereto as requkred 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 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 I s approval of
Architect-Engineer I s design suggestions and decisions,
approval shall not relieve the Architect-Engineer of
responsibility or warranty hereunder.
the
such
any
(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'6 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
3.5(6). Drawing files will be compatible with the latest DOS or
Windows release of "AutoCad 13" in a , dwg file format. and will
contain all font, symbol, block and attribute files used to
assemble the documents. Technical specifications shall be iri a
WordPerfect or ASCII file format suitable for acceptable
translation to WordPerfect, 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.
3.6
WDDING 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
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I' opening for each major 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.
(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, ~20 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 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 (~8).
(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) 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.
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(12)
(13)
'14)
(15)
/
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The issuance oE a Certificate for Payment shall constitute
representation by the Architect-Engineer to the Owner that, base~
on the Architect'~ observation at the site and on the data
comprising the Appl~cation for Payment that work has progressed to
the point ind4cated; that, to the best of the Architect's
kno'",ledge, 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.
(9 )
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.
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 subj ect to claims provisions
provided in this Agreement and in the Contract Documents,
(11)
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.
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 wi th the design concept of the proj ect 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.
The Architect-Engineer shall review and approve or take other
appropriate action on Change Orders prepared by the Contractor for
the Owner I s authorization in accordance with the Contract
Documents.
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
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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, and 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 char~cter of construction.
4.3 Revising previously approved drawings or specifications to accomplish
changes.
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 tc
delinquency or insolvency,
4.8 Providing prolonged contract administration and observation 0
construction should the construction contract time be exceeded by mor
than 25\ due to no fault of the Architect-Engineer. The Architect
Engineer I s efforts necessary to accomplish Substantial Completion an
Final Completion inspections are included as a basic service and shal
not be considered as an item of prolonged contract administration ar
observation, regardless of when performed.
4.9 Revising drawings to show changes made during the construction proces!
b.JI.sed on marked up prints, drawings and other data furnished by tl....
C'ontractor.
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 Paragraph 3.7 shall
be provided, the Architect-Engineer shall provide one or more
additional Project Representatives to assist the Architect-Engineer
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(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 proj ect representation shall not modify the
rights, responsibilities or obligations of the Architect-Engineer
as described in Section 3.7.
4.11 Services of special consultants, for other than the normal structural,
mechanical and electrical engineering services, and services of
estimators making detaited cost estimates.
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
~
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,
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 Proj ect. The
Contractor's services, duties and responsibilities will be as described
in the Agreement Between Owner and Contractor. The Terms and Conditions
o~ 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 or direct the Architect-Engineer to obtain, at
the Owner's expense, 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
9
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res~ictions, boundaries and contours of the building site; locations
dimensions and complete data pertaining to existing buil,dings, othe~
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. The Architect-Engineer's
setv'ices in obtaining this data by others shall be included in basic
setv'ices.
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.
(3)
Construction Cost does not include the compensation of
ArChitect-Engineer and the Architect-Engineer' s consultants,
cost of the land, rights-of-way, or other costs which are
responsibility of the Owner.
the
the
the
(1)
7,2 RESPONSIBILITY FOR CONSTRUCTION COST
.}
The Architect-Engineer, as a design professional familiar with the
construction industry, shall assist the Contractor in evaluating
the Owner's proj ect 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 Bid 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.
10
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(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 a:1d 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.
ARTICLE 8
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 proj ect for, the follOwing incidental expenses. All
reimbursable expenses require previous written authorization from the
Owner (the Contracts Administrator, and 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; reproduction of drawings and specifications,
exclUding copies for Architect-Engineer's office use and sets at
each phase for the Owner's, Contractor and Using Agency's review
and approval and sets furnished under Article 3; and fees paid for
securing approval of authorities having jurisdiction over the
Project.
(2)
(3)
Premium portions of overtime.
Renderings or models for the Owner's use.
11
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,,'
(4) /
Expense of any additional insurance coverage or limits,
professional liability insurance, requested by the Owner
of that normally carried by the Architect-Engineer
Architect-Engineer's consultants.
including
in eXcess
and the
ARTICLE 9
PAYMENTS TO THE ARCHITECT-ENGINEER
9.1 PAYMENTS ON ACCOUNT OF ARCHITECT-ENGINEER I S SERVICES
(1) Payments against the following lump sum portions of the Basic
Services Fee shall be made monthly in proportion to the percentage
of each completed during the previous month:
*programming Phase/Master Planning
Upon Submittal of Draft Documents
Upon Approval of Draft Documents
Upon Submittal.of Final Documents
Upon Approval of Final Documents
Schematic Design Studies Phase
Upon Submittal of Documents
Upon Approval of Documents
Design Development Phase
Upon Submittal of Documents
Upon Approval of Documents
Construction Documents Phase
Upon Submittal of 90\ Completed Documents
Upon Approval of 90\ Completed Documents
Upon Submittal of 100\ Completed Documents
Upon'Approval of 100\ Completed Documents
Receipt of Bids or Construction Authorizations
Construction Phase
Totals .
$ *
*
*
*
29.760
29.760
83,840
83.840
-66.720
66 .720
66.720
66.720
10.240
135.680
$ 640.000
(2) Payments for Additional Services of the Architect-Engineer as
defined in Article 4 and Exhibit H 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 and Exhibit H 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.
ARTICLE 10
ARCHITECT-ENGINEER'SACCOUNTING RECORDS
Records of the Architect-Engineer's Direct Personnel, Consultant, and
Reimburlable Expense pertaining to this project shall be kept on a generally
recogni'ied accounting basis and shall be available to the Owner or his
authorized representative at mutually convenient times.
*To be authorized by the Owner upon execution of this Agreement for the amount
as indicated in Exhibit H.
12
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ARTICLE 11
TERMINATION OF AGREEMENT
11.1
Termination For Cause Or Mutual Agreement
This Agreement may be terminated by either pa~ty upon sev~n (7) days' notice by
mutual agreement, or should one party fa~l substant~ally 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 f.or 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 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
..I
The provisions of Chapter 60-4, 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
13
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FACILITIES DEVELOPMENT Fax:850-413-9494
Jul 9 '99
12:41
P.02
."".
~ .,
50i ..
DEPARrWENT OF MANAGEMENT
SERVICES
JEI BUSH', GovEI\IIlOR
40S0 Espla_ Way. T Jbh...ee. :Florida 32399--0950
Building Construction
Building 4030, Suite 315
TOM McGuRX. SEcRETARY
July 9, 1999
l\1r, James DiPietro
City Manager
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
RE: Recommendation of Services and Fees provided by SpilHs, Candela &: Parrners, Inc., for the
design of the new Government Center
Dear Sir:
In accordance with the Resolution No. 99-141 passed by the City Commission on June 17, 1999 approving
the agreement for services with the Department of Management Services and at the direction of a letter
dated June 17, 1999 from James DiPi.etro. City Manager. the Department of Management Services entered
into negotiation with Spillis, Candela & Partners, Ine" for design services on the new Government Center.
Negotiations were successfully concluded on July 8, 1999 with the Mayor, David Sarn$On, the City
Manager, James DiPietro, the City Attorney, Lynn Dannheisser, the Finance Director, Jack Neustadt and
the staff of the Department of Management Services in attendance.
The services and fees negotiated are within the range that. are acceptable to the Departmem of Management
Services and are within the national averages as well.
It is the recommendation of the Department of Management Services, Building COnS11'UcttolCl that the fees.
and design services of Spillis, Candela & Parmers, Inc" for th~ nf'.W Govemrnent Center !l(:;gotiat~ on July
8, 1999 be approved b)" the Commission.
It is the opinion of the Depanment of Management Services that $9,950,000 is adequate for the
Construction Budget of the new Government Center. It is recommended that based on. historical data that
the Total Project Budget which in(;ludes the Construction Budget should be in the range of S11,950,000, If
the master planing indicates a need for a parking stnlcture, the construction budget will need to be
increased by $1.S00.000, and the rotal budget by $2,000,000.
The Department of Management Services looks forward to this exciting opporbmity and Stands ready to
move forward based upon the Commissions wishes.
Sincerely, __fJ
#I) Jl-QI
H.R. Hough
Contracts Administrator
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'''J&H''MARSH.& McI..6NN.AN,lNC. CE 8T IFIC A lEOF.lN SUR~~~~ CERTIFICATE NUMBER
)R~v~" .-l. THIS CERTIFICATE IS ISSUED AS A "ATTER OF INFOR..ATION ONLY AND CONFERS
Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
License No. 0437153 POLICY. THIS CERTIFICATE DOES NOT A"END, EXTEND OR ALTER THE COVERAGE
777 South Figueroa Street AFFORDED BY THE POLICIES LISTED HEREIN.
Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE
COMPANY
6510.SPILL.L2,' A National Union Fire Insurance Company
NSURED COMPANY
SPILLlS CANDELA & PARTNERS,INC. a N/A
800 DOUGLAS ENTRANCE
CORAL GABLES, FL 33134 COMPANY
C UNITED NATIONAL INSURANCE COMPANY
COMPANY
D N/A
;OVERAGES c . ......
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE "AY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
.TR D.ATE (M"/DDIYY) DATE (..../DDIYY)
A G EN ERAL LIABILITY RMGL 6122667 04/01/99 04/01/02 GENERAL AGGREGATE $ 1,000,000
rx COMMERCIAL GENERAL LIABILITY PRODUCTS. COMP/OP AGG $ 1,000,000
I CLAIMS MADE [K] OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
f--
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP IAnv one nersonl $
A AUTOMOBILE LIABILITY RMCA 3209855 (AOS) 04/01/99 04/01/02 $ 1,000,000
f-- COMBINED SINGLE LIMIT
X ANY AUTO RMCA 3209856 (TX) 04/01/99 04/01/02
f--
f-- ALL OWNED AUTOS BODILY INJURY $
(Per person)
-- SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY $
-- (Per accident)
-- NON,OWNED AUTOS
-- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONL Y , EA ACCIDENT $
-- '0 ......
-- AN Y AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
-- $
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE $
=1 UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I TORY LIMITS I 10lt
EMPLOYERS' LIABILITY
EL EACH ACCIDENT $
THE PROPRIETOR/ RINCL EL DISEASE-POLICY LIMIT $
PARTN ERS/EXECUTIVE $
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE
C OTHER PLP.4970400 04/01/97 04/01/00 $1,000,000
ARCHITECTS & ENG. PER CLAIM/AGGREGATE
PROFESSIONAL L1AB. DEFENSE INCLUDED
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LI"ITS "AY BE SUBJECT TO DEDUCTlBLES OR RETENTIONS)
~E: GOVERNMENT CENTER, CITY OF SUNNY ISLES BEACH, DADE COUNTY, FL. STATE PROJECT NO. CSIB.98073000. STATE OF FLORIDA
)EPARTMENT OF MANAGEMENT SERVICES AND CITY OF.s.u.N.NYJS.LES.JiEA.C.li.ARE NAMED AS ADDITIONAL INSUREDS FOR GL & AL
;OVERAGES, BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. 'SEE PAGE 2'.
..,>:'.:.... <>>. >>:. ....... ."....;;".;ill"'!N ",' . .
\len'
SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE
INSURER AFFORDING COVERAGE WILL:(14K~ MAILtQ_____ DAYS WRITTEN NOTICE TO THE CERTIFICATE
FLORIDA, STATE OF HOLDER NAMED HEREIN. KiXiO(A4l1)tK;X~lIXI()t'(>t14~illfAU~16Kf!lllX1(4hl~'I6!(~F
DEPARTMENT OF MANAGEMENT SERVICES
ATTN: RICHARD ARCURI Xii.'I<J(il411J(!l>~~lI~lI11Kilil411~llKX~"~~ll~ll~l(,n'ftJII.y,~~ll~16F
4508 OAK FAIR BLVD., #200 ~K~~lt:UI!:.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
TAMPA, FL 33610 J&H MARSH & "CLENNAN, INCORPORATED BY:
John F Wesley ~~'4.
.....>................... <>.' '. c. ...J HM M '(219$), .......................... VALID A$ OF: 09/09199
...... ....... :. '. ."
.~
.
-~~....-:,..::.:,_:,:<,>_::::<<,
~. P DIIJQN A L I
~RODUCER
Marsh Risk & Insurance Services
License No. 0437153
777 South Figueroa Street
Los Angeles, CA 90017
DATE (MM/DDIYY)
09/09/99
COMPANIES AFFORDING COVERAGE
COM~ANY
E
COM~ANY
F
06510.SPILL.L2..
INSURED
SPILLlS CANDELA & PARTNERS,INC.
800 DOUGLAS ENTRANCE
CORAL GABLES, FL 33134
COMPANY
G
COMPANY
H
TEXT
PRIMARY WORDING: SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE
HOLDER AND ADDITIONAL INSUREDS SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GL & AL COVERAGES.
WAIVER OF SUBROGATION IS HEREBY GRANTED IN FAVOR OF CERTIFICATE HOLDER AND ADDITIONAL INSUREDS FOR GL & AL COVERAGES.
SEVERABILITY OF INTEREST/CROSS LIABILITY WORDING IS INCLUDED FOR GL & AL COVERAGES.
XNCLUDES COPYRXGHTED MATERXAL OF ACORD CORPORATXON WXTH XTS PERMXSSXON.
.~