HomeMy WebLinkAboutReso 2002-413
RESOLUTION NO. 2002-..1i3
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING AN AGREEMENT BETWEEN SPILLIS, CANDELA &
PARTNERS, INC., AND THE CITY OF SUNNY ISLES BEACH, ATTACHED
HERETO AS EXHIBIT "A", FOR ARCHITECTURAL SERVICES WITH
RESPECT TO THE NEW GOVERNMENT CENTER FACILITY LOCATED
AT 18050 COLLINS AVENUE; PROVIDING FOR EXECUTION BY THE
MAYOR; PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE SAID CONTRACT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, by Resolution No. 2001-398, dated December 13,2001, the City Commission
approved a letter agreement between the City and Spillis Candela for architectural services with
respect to the new Government Center facility located on Collins Avenue.
WHEREAS, the City Manager and the City Attorney have negotiated and agreed upon the
terms of a proposed Final Agreement with Spillis Candela to provide architectural services for the
new Government Center, as set forth in Exhibit "A", attached hereto; and
WHEREAS, the City Commission wishes to review and approve the proposed Agreement
for these services embodying the terms set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Sectionl. Approval of Contract: The proposed Agreement by and between Spillis Candela &
Partners, Inc., and the City of Sunny Isles Beach for architectural services to the new Government
Center facility located at 18050 Collins Avenue, on the terms and conditions as more fully set forth
as Exhibit "A", hereto, be, and the same is, hereby approved.
Section 2. Execution by Mayor: The Mayor is hereby authorized to execute the proposed
Agreement between the City and Spillas Candela, for architectural services.
Section 3. Authorization of City Manager and CityAttorney: The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of the Contract.
Spillis, Candela Approval of Contract
For new Government Center (eb)
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of January, 2002.
"'; . ..~' ".~ ..-",.
/, ~+r,tES:r':" <... ),
/a~~H^-
:~Rf9har4 Brown~Morilla, City Clerk
David Samson, Mayor
~
APPROVED AS TO FORM
. .
AND LEGAL SUFFICIENCY:
VOTE: '5....0
Moved by:
Second by:
~6Inrn~~ &ol'iB. ~~FFm4f\J
c:..~ o~T<dtL ~ , A-'S.
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
yes V no
yes ~o-
yes V~o =
yes Vno_
yes Vno_
2
Spillis, Candela Approval of Contract
For new Government Center (eb)
AGREEMENT BETWEEN OWNER (CITY OF SUNNY ISLES BEACH) AND
ARCHITECT -ENGINEER
THIS AGREEMENT, entered into this 2-....i..dayof~ ,200.1 , by and between the
City of Sunny Isles Beach (hereinafter referred to as "Owner") and Spillis Candela & Partners,
Inc., (hereinafter referred to as "Architect Engineer") a Delaware Corporation, licensed to do
business in the State of Florida.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
1.1 Architect Engineer: 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 most
expeditious and economical manner consistent with the interest of the Owner and
professional standards.
1.2 The Construction Team: The Contractor, the Owner, 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 Agreement - This Agreement for professional services 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 Definitions:
Pr01ect: 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 Christopher J. Russo, City Manager, City of Sunny Isles Beach, by Spillis
Candela & Partners, dated December 4,2001, consisting of nine (9) pages and identified
as Exhibit "G".
Actny/Final Agreemen~ Between SIB and'
Spillis Candela/2/2S/02 /(eb)
1
Owner: 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 the Owner. All duties of the Owner hereinafter shall
be performed by Building Construction acting in the capacity as Agent to the Owner.
Construction Manager: TO BE ASSIGNED
Architect-Engineer - Spillis Candela & Partners, Inc.
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 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 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 $15,000,000.00. The component parts are shown in the attached
Exhibit "C", which Exhibit "C" by reference and attachment hereto forms 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. If key personnel
leave the Architect-Engineer firm, 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 For his Basic Services prescribed in Article 3, Section 3.1 through 3.7.1 (18) hereinafter,
the lump sum amount of$614,500.00, to be paid as prescribed in Article 9.1 hereinafter.
Attny/Final.\greemcnt Between SIB and
Spillis Candda/2/25/02 /(eb)
2
2.2 For Additional Services defined in Article 4 hereinafter to be paid as a Lump Sum, the
Lump Sum prescribed in the authorization. Exhibit "F" identifies allowances for
proposed additional services.
2.3 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 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 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 Firms 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 MULTIPLIER
2.95
Soillis Candela & Partners. 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 SCHEMATIC DESIGN PHASE
(1) 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 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 comments of the Contractor's estimates.
(3) The Architect-Engineer shall provide and distribute 10 hard (paper) copies and
one (I) electronic copy of the Schematic Design Studies Documents for review
and comment as directed by the project director.
Allny/Final "\grecmem Between SIB and
Spillis Candela/2/25/02/(cb)
3
3.3 CONSTRUCTION DOCUMENTS PHASE
(1) The Architect-Engineer shall prepare, from the approved Schematic Design Phase
Documents, Contract Documents consisting of Working Drawings and
Specifications and setting forth in detail the work.
(2) The non-technical 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. Such documents shall not place any
responsibility or obligation on the Architect-Engineer that are not already in this
contract.
(3) The Contract-Engineer shall provide and distribute 10 hard (paper) copies and one
(1) electronic copy of the Contract Documents for each Bid Group for review and
comment, including the non-technical documents, as directed by the project
director.
(4) Upon approval by the project director for the Contract Documents for each bid
group, the Architect-Engineer shall furnish to the Contractor prints of all drawings
and camera-ready copy of all specification data.
(5) 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. 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.
(6) The Architect-Engineer, consulting with the Construction Team, shall prepare
necessary addenda to each Bid Group and provide 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.
(7) 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 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 definition of a threshold building as defined
in Chapter 553.71(7), Florida Statutes, then the Architect-Engineer shall insert the
Attny/FinalAgreement Between SIB and
Spillis Candela/2/2S/02 /(eb)
4
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.
(8) 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'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.
(9) 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 3.6(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 ofthe layers used and the identification of each layer.
(10) 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 bears the company
seal and signatures. The electronic files to be delivered under this Agreement are
not Contract Documents.
Attny/Final Agreement Between SIB and
Spillis Candcla/21:!5/02 / (eb)
5
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 date 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 there from.
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.
3.4 BIDDING PHASE
(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 up to a maximum of
20 hours.
(3) The Architect-Engineer shall attend the prebid conference and bid opening for
each 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.
3.5 CONSTRUCTION PHASE
3.5.1 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, 30 days after the date of
Substantial Completion of the total project, whichever occurs first.
i\ttny/Final Agreemcnt Between SIB and
Spillis Candela/2/2S/ll2 I(cb)
6
(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 "D" 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 "D" 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
Documents (subject to an evaluation of Work for conformance with the Contract
Documents upon Substantial Completion, to the results or any subsequent tests
Artny/Final .\greemcnr Between SIB and
Spillis Candcla/2/25/02 /(cb)
7
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 confonnance with the requirements of the specifications
and plans, the Project Director shall be the final judge of perfonnance and
acceptabili ty.
(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
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 subject to
claims provisions provided in this Agreement and in the Contract Documents.
(12) The Architect-Engineer shall recommend to the owner 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 shall review and approve or take other
appropriate action upon them, but only for confonnance with the design concept
of the Project and with the infonnation 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.
(14) The Architect-Engineer shall 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.
Attny/Final.\grecffient Between SIB and
Spillis Candda/2/2S/02 /(eb)
8
(15) 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 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 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.
ADDITIONAL SERVICES OF THE ARCHITECT-ENGINEER
4.1 For additional services requested by Owner, not within the current understanding of the
Basic Services identified in this Agreement and the proposal submitted by Architect
Engineer on December 4, 200 I, the Architect Engineer shall be compensated on an
hourly basis. Such services shall be documented in writing by Architect-Engineer prior
to their commencement. Such additional services, while not limited to the following,
shall include:
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 Conduct two (2) public hearings.
4.6 When required by the Owner, preparing documents for Change Orders.
4.7 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.
4.8 Arranging for the work to proceed should the Contractor default due to delinquency or
insolvency.
,\ttny / Final Agreement Between SIB and
Spillis Candcla/2/25/02 / (eb)
9
4.9 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.
4.10 Revising drawings to. show changes made during the construction process, based on
marked up prints, drawings and other data furnished by the Contractor.
4.11 Provide the City with an allowance to secure signs and signage for the government center
although design will be handled by the City
4.12 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 Article 3.7 shall 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 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 Project representation shall not
modify the rights, responsibilities or obligations of the Architect-Engineer as
described in Article 3.7.
4.13 Services of special consultants, for other than the normal structural, mechanical and
electrical engineering services, and services of estimators making detailed cost estimates.
4.14 Services of consultants providing surveys, subsurface investigations and testing.
4.15 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
:\ttny/Final Agreement Between SIB and
Spillis Candela/2/2S!02 / (eb)
10
progress of the Project. The project schedule shown as Exhibit "E" 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 a 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 ofthe 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 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 service 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.
:\ttny/Final Agreement Between SIB and
Spilli~ Candcla/2/25/02 /(eb)
11
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
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 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 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 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
Actny/Final .-\grccmcnt Between SIB and
Spillis Candcla/2/25/02 /(cb)
12
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 ofltem (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 Project for the following incidental expenses. All
reimbursable expenses require previous written authorization from the Owner (the
Contracts Administrator or 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; 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.
Altny /Final Agreement Between SIB and
Spillis Candela/2/25/02 /(eb)
13
ARTICLE 9
PAYMENTS TO THE ARCHITECT -ENGINEER
9.1 PAYMENTS ON ACCOUNT OF ARCHITECT-ENGINEER'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 months:
Schematic Design Studies Phase....... ......... .., ......... ..... 72.600.00
Furniture Fixtures....... ......... .... ............ .... ....... ....... 35.000.00
Construction Documents Phase
50% Documents.................... ........ ....... .. ... . .,. .172.700.00
100% Documents.. ..... .... ......... ............... ..... ....172.700.00
Receipt of Bids or Construction Authorization. ... ...... .., ......
Construction Phase..... ......... ...... ................. .... ......... .161,500.00
TotaL...... .................................................... ...... .$ 614.500.00
(2) Payments for Additional Services of the Architect-Engineer as defined in Article
4 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 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.
9.2 PAYMENTS WITHHELD
(1) No deductions shall be made form the Architect-Engineer's compensation on
account of penalty, liquidated damages or other sums withheld from payments to
Contractor, or on account of changes in Construction Cost other than those for
which the Architect is held legally liable.
(2) The Architect-Engineer shall 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.
Attny/FinalAgreemcnt Between SIB anJ
Spillis Candela/2/2S/02 /(eb)
14
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 shall 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 generally recognized accounting basis and
shall be available to the Owner or his authorized representative at mutually convenient times.
ARTICLE II
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 unilaterally terminated by the
Owner for refusal by the Architect-Engineer to allow public access to all documents,
papers, letters or other material subj ect 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 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
Attny/Final Agrccmcnt Bctween SIB and
Spillis Candda/2/25/02 /(cb)
15
record pints 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 ofthe 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 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 therefore 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 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.
Attny/Final.\grccmcnt Bct\vtm SIB and
Spillis Candela/Z/Z5/0Z /(cb)
16
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
The venue for all civil and administrative actions against the department shall be in Miami-Dade
County, unless otherwise agreed by the parties.
ARTICLE 15
PROHffiITION 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 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 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 Section (2) below, shall be furnished.
(2) The Architect-Engineer shall complete a 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 Owner
on or before the first day of each month.
16.2 The Architect-Engineer shall take minutes of all meetings held with the Owner and/or
Contractor and shall provide copies of the same to the Owner within ten (to) days
following such meetings.
.\ttny /Final .\gr~cmCl1t B~tween SIB and
Spillis Candela/2/25/02 /(~b)
17
16.3. 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.
16.4 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 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.
16.5 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, m ay 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."
16.6 Unauthorized Aliens:
The City 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.
16.7 Indemnification and Waiver of Liability:
The Architect-Engineer agrees, to the fullest extent permitted by law, to indemnify and
hold the 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
Attny/Final .\greement Betwecn SIB and
5pillis Candda/2/25/1l2 I(cb)
18
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 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 Owner 10 any manner
whatsoever for the 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 Owner in exchange for
giving the Owner the indemnification provided herein.
16.8 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 $1,000,000.00, 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's/Engineer'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 $300,000.00
combined single limit per occurrence for bodily injury and property damage. Said
policy or policies shall name Owner as additional insured and shall reflect the
hold harmless provision contained herein.
Attny/Final ,\grcemmt Between SIB and
Spillis Candcla/2/25/02 /(eb)
19
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 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 (as applicable).
E. All insurance policies identified in 16.8, except professional liability and workers'
compensation, shall contain waiver of subrogation against Owner where
applicable, shall expressly provide that such policy or policies are primary over
any other collective insurance that 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 ofthe State of Florida.
G. Except as to 16.8A and 16.8C, the 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 Owner. The Owner reserves the right to request a
copy of required policies for review.
H. All policies shall provide for 30-days notice to Owner prior to cancellation or
material change.
16.9 Electronic Mail Capabilities:
The Architect-Engineer must have electronic mail capabilities through the World Wide
Web. It is the intention of the Owner to use electronic communication whenever possible
for all projects. When possible, plans and specifications for review purposes will also be
transmitted electronically to the Owner. The Architect-Engineer shall provide its
electronic mail address and a name of a point of contact for electronic communications.
16.10 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.
Attny/Final~;\greement Between SIB anu
Spillis Candda/2/2S/02/(eb)
20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
Attest:
ARCHITECT -ENGINEER
Approved:
By:
\
/\,
By:
,
As Witnessed:
~-,..... .
. /'"./ /1 ...... /
,/ .~' /'////" , _//~.:/
&~L'Lfy ....".
Paul Reinarman
(Type Corporation Principal's Name)
By:
SPILLIS CANDELA & PARTNERS, INC.,
A DELAWARE CORPORATION
LICENSED TO DO BUSINESS IN THE
STATE OF FLORIDA
OWNER
As Witnessed:
David Samson ayor
City of Sunny Isles Beach
By:C]crLtA~~ft-~~,,~L{~
Richard Brown Morilla, City Clerk
By:
Approved as to Form and Legality:
By:4~
ynn M. DannheIsser
City Attorney
City of Sunny Isles Beach
Atlny: Agreement VeT. 2 Between
Owner and Architect Engineer
3/7/02( eb)
Attny: Agreement Ver. 2 Draft #6 Between
Owner and Architect Engineer 3/7/02 (eb)
21
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Owner
David Samson
Christopher J. Russo
Lynn M. Dannheisser
Mayor
City Manager
City Attorney
Architect ~ Engineer
Paul Reinarman
Nina Gladstone
Larry Kline
Leonel Valle
Juan Bauza
Ron Hunt
Roberto Lage
Project Principal
Project Manager
Senior Design Architect
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Civil Engineer
Contractor
To be determined
" " "
Project Executive
Project Manager
Project Superintendent
" " "
;\trny /Final :\greemcnt Between SIB and
Spillis Candela12/25/02/(eb)
22
EXHffiIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION
CONSTRUCTION BUDGET
TOTAL CONSTRUCTION BUDGET
$ 9.950.000.00
Attny /Final Agreement Between SIB and
Spillis Candela/2/25/02 /(cb)
23
EXHffiIT C
OWNER'S PROJECT BUDGET
CONSTRUCTION BUDGET
(EXCLUDES TONY ROMA'S SHELL AND PARKING GARAGE)...............$ 7,650,000.00
TONY ROMA'S SHELL................................................................... .. 850,000.00
PARKING GARAGE........ ...... ........ ......... ...... ....... ...... ......... ........ ...... 1,500,000.00
ARCHITECT-ENGINEER COMPENSATION.......................................... _ 614,500.00
OWNER'S REPRESENTATIVE........ ...... ........ ......... ............... ............. 250,000.00
THRESHOLD INSPECTION............................................................... 40,000.00
INDEMNIFICATION..................................... ............... ........ ............. 100.00
CHANGE ORDER CONTINGENCY ALLOWANCE................................... 350,000.00
CONTINGENCY ALLOWANCE FOR OTHER ITEMS.. ........ ........ ......... ..... 550,000.00
FURNITURE/WIRING................................ ........ ................................ 650,000.00
LAND ACQUISITION COST......................................... ...................... 2,400,000.00
TOTAL........... ... ..... ...... ............... ... .................. ...... ......... ... ...... ...$14,854,600.00
Attoy! Final Agreement Between SIB and
Spillis Candela!2!25!02!(eb)
24
EXHffiIT D
PLANNED PERIODIC VISITS DURING CONSTRUCTION
INDIVIDUAL'S INDIVIDUAL'S PLANNED PERIODIC
NAME DISCIPLINE VISITS HOURS
To be determined Architecture 14 Monthly Visits
" " " Structural 8 4-Hour Visits 32
" " "
" " " Civil 2 4-Hour Visits -8
" " "
" " " Plumbing 6 4-Hour Visits 24
" " " HVAC
" " " Electrical 6 4-Hour Visits 24
" " "
" " " Architectural 14 4-Hour Visits 56
Anny/Final Agreement Between SIB and
Spillis Candela/2/25/02 / (eb)
25
TIME FROM NOTICE
TO PROCEED
6 Weeks
14 Weeks
14 Months
Attny/Final Agreement Between SIB and
Spillis Candela/2/25/02/(eb)
EXHffiIT E
PROJECT DESIGN SCHEDULE
ACTION
Schematics Design Phase
Construction Document Phase
Construction Administration
26
EXHffiIT F
PROPOSED ADDITIONAL SERVICES ALLOWANCES
PROGRAMMING......................................................................... ...$ .00
PARKING DECK DESIGN FEE (MAX. 150 SPACES)............................... .00
LANDSCAPING.......................................................................... .... 22,000.00
SECURITy......................... .................................................... ....... .00
FINAL TRAFFIC ANALySIS............................................................. .00
TOTAL.. ...... ... ...... ........ .... ..... ...... .... ......... ...... ..... .... ... ........... .......$ 22,000.00
:\ttny/Final ,\greement Between SIB and
Spillis Candela12/25/02/(eb)
27
EXHffiIT G
Attny /Final Agreement Between SIB and
Spillis Candela/2/25/02/(eb)
28
JId::l4<r I J580 SP [LL! 5 CANDELA PTRS
170 P02
DEe 04 '131 14:06
/o1tlriJa ...lil1(}(}I) Milletmillm Al4ltw of Hnnur fiw IJesiglt
Spillis Candela DMIM
~ lUff( (t,tfd....JN........i'I"N~, ,I'III'lttf IW,
December 4,2001
PilI.... I Spill.s. AlA
HiI.lno F, CAt""".., rAlA
hili.. ( ;rabI... AlA
"'"mis Nul..... AlA
( '''JU~lllC) t. I'.''''''IS. AlA
UUII.,1d o...ow. AI"
''''''11 10: NIIWI'"'Y. IIL,^
It"'iUSCRll. AlA
Deb""" S K.....
H._...td Melk.... AI"
\11( h....1 krrwin. .Noll
P.ul ",""..lftll,an
( ",... SW... AlA
'N Run.llcl.","I, PE
( ..111; K<'Il\'OIl. AlA
Mr. Christopher Russo
City of Sunny Isles beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Re: Sunny Isles Government Center
Dear Chris:
Spillis Candela OMJM (SCOM)M) is pleased to offer the following professional services related to
the new government center and restaurant to be located in Sunny Isles Beach, Florida. This
proposal includes an outline of Architectural and Engineering services, delivety schedules and
professional fees.
Based on our conversations we understand the scope of work to apply to a project having the
following characteristics:
. ^ Government Center Site of 2.8 acres.
. ^ new 45,000 gross square feet Government Center building to include a police facility, a
7,500 square foot library (shell space only), and a 1,000 square foot post office.
. A new Tony Roma's restaurant (shell space only).
. An open parking garage of approximately 1 SO cars, a sallyport, and police storage.
. Surface parking for approximately 100 cars.
. 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.
Basic services to be provided by SCDMJM will include Architectural design and in-house
Engineering for normal Civil, Structural; Mechanical, Plumbing, Fire Protection and Electrical for
a permit set of documents. SCDMJM will make submissions to the Client at the completion of
Schematic Design, and Construction Documents. These services and other contract issues are
described in detail in the attached AlA Standard Form of Agreement 8-141 (1997). This fee
proposal is based on our using this contract form.
U:\p/ojeel,\SUNNV ISLES BEACH Gl966\Co"lt~ls\Clien(\Prime Agreement\Fee proposal-l1.30-01.doc Pri/'l((!d 121ooQ1
1I11111'1,,~1., ~nlr.1Il\l.', (or.II (;.Ihl..... Flonc!. HI 14 TEL 1(J~r/444 4bq\ ~^X Kl~/44i' }SlItl www.;c:pnri4mi.mmflori<WL:nn.lol.MIIUOfl.f1l
.jld:lqq(.j:ll:lld SPILLIS CRI'IDELR PTRS
170 P0]
DEe 04 '01 14:05
Spillis Candela OMJM
December 4,2001
Chirstopher Russo
City of Sunny Isles
Page 2
Basic service compensation for your project will be provided on the basis of a lump sum fee of
$579,500.
These services and the corresponding fees will be charged as follows:
Master Plannin&, Site Analysis (Task completed)
Schematic Design (to be completed within (6) weeks)
Construction Documents (to be completed within (14) weeks)
Bidding! Constr. Admin.
Total
No Charge
$ 72,600
$345,400
$161,500
$579,500
Civil Engineering Services required for on-site grading, drainage, utilities and drives are included
in this fee. Services related to permitting, en\lironmental & traffic issues, zoning variances,
hazardous materials & off-site civil engineering are not included in this fee proposal.
Basic security systems to include cameras and card access shall be provided. More extensive
security systems, as requested by the owner, are not included in this proposal and will be
considered additional services.
SCDMJM shall assist the signage representative chosen by the own~r in the selection of building
signage.
Reimbursable expenses related to the project will include out-of-town travel, long distance
communications, reproductions, plotting, shipping, renderings, animations and models. These
expenses will be invoiced at t.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.
Schematic Design Phase
Construction Documents Phase
Six weeks
Fourteen weeks
U:\ptojects\SUNNY ISLES 8E^CH Gl%&\Conttolcl!>\Clienl\Ptime Agreemtnl\Fee propowl-II.30-01.dac Printed 12/Q4/01
J~J~~'J~C~ ~~iLLl~ ~HNUCLH ~I~
Spillis Candela OMJM
December 4, 2001
Chirstopher Russo
City of Sunny Isles
Page 3
170 P04
DEe 04 '01 14:07
Other services offered by SCDM)M or our consultants, which we can discuss further, include:
. Programming
. Public Hearings
. Three Dimensional Models
. Tenant Spac@ Planning
. Furniture & Equip. Planning
. Graphics and Signage
· landscape ArchiteCture
. On.site Project Representation
. Threshold Inspection
Acoustical Consulting
Environmental Services
food service Consulting
Security Consulting
Specialty lighting
Cost Estimating
Traffic Engineering
Off-Site Civil Engineering
As-8uilts on electronic media
SCDMJM normally coordinates the services of Sub-Consultants on most projects and charges 1 .2
times the amount billed to SCDMjM for such coordination services. SCDM)M requires each
Sub-Consultant to carry their own professional liability insurance and does not include liability
coverage for those Sub-Consultants under SCDMJM,
This proposal is based on several assumptions regarding project size, budget, schedule and the
requested scope of work. The fees we have proposed are less than what we would normally
quote for a project of this size and complexity. Our proposed fees reflect our ability to take
advantage of work previously performed by SCDMJM on the Sunny Isles Government Center
project. We are anticipating not having to reprogram the departments, and that we will be
reusing finishes previously agreed upon. We appreciate the opportunity to provide professional
services to the City of Sunny Isles and look forward to working with you in the coming months.
If this proposal is acceptable, we will be pleased to begin work upon receipt of your signed
acknowledgement below and the retainer check indicated. We will invoice our services on a
time basis according to the attached Standard Billing Rates plus expenses until the AlA 8-141
contract is finalized. Payments are due and payable 10 days from the date of invoice. Invoices
unpaid 30 days from 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.
U:\proiects\SUNNY ISLES BEACH G1966\Contratts\Client\Prime Agreemenr\Fee propos;al-t l-)O-Ol.doc Printed 12JC4IOl
~~~4(~~ ~(LLIS C~NDEL~ PTRS
170 P05
a:C 04 '01 14:07
SpillisCandela DMJM
December 4, 2001
Chirstopher Russo
City of Sunny Isles
Page 4
If you have any questions regarding this proposal, please feel free to contact me at
305-447-3573
Sincerely,
Name:
Title:
Paul Reinarman
Principal
Please sign here to authorize SCDMJM to begin work in accordance with the above terms.
Name: Christopher Russo
Title: City Manager
For Company: City of Sunny Isles
Date:
cc: J. Cruz
O.Klem
Attachments:
^IA 8-14 t (1997) Attachment No. 1- fee Proposal
SCP 2001 Standard Bilfing Rates Attachment No.2- Scope Limitations
Attachment NO.3. Furniture Fixture & Equipment
U:\ptOjl!c;fs\5UNNY ISLES BEACH G1966\ContraclS\CIi~\ Prime A8~m'onf\Fee ptaposal.11.30.01.doc Printed 1 ~1
Spillis Candela OMJM
ATTACHMENT NO.1
Fee PropoAI
Sunny Isles Beach Government Centef
November 29, 2001
1. 8.lic Services per AlA .,41 Contntd----m------------------------m-m------$S19,sOO
Building Design Fee (including construction ~inistration): Lump sum fee of $579,500.
Based on a building of 45,000 sq. ft. it $1 SOIsq. ft., a 150 car patlcing garage and design d
Tony Roma's Restaurant (shell only).
2. fF&E (furniture, f"1XNre, & Equipment Services) ---------------------------$ 35,0G0
The fees are to be determined once Program is complece. For the City's budgeting
Purposes, we are estimating tM fee to be at about $35,000. This number takes
into account that we will be reusing the systems furniture selection previously
determined between the staff and SCOMJM.
3. CORl.d~nt Allowances-
A. Landscape Architecture------------------------------------------------------. $22,000
- All consultant allowances are based on previous SCOMJM's experience on projects of
similar scope. Fees are additional beyond Basic Services and will be determined during
Schematic design.
___~_.__~~ ~lLL1~ ~HNUCLH ~l~
170 ~
~~ ~ ~~ ~q;~(
Spillis Candela OMJM
AnACHMENT NO.2
limitations on scope of services:
Sunny Isles Beach Government Center
December 4, 2001
M~ting with Ownpr
1. Schematic Design Phase
a. Three review meetings with Owner.
b. One Schematic Phase Final meeting.
c. Two public hearings.
2 . Construction Document Phase
a Two meetings with Owner at AlE's office plus 50% and 100% Construction
Document Review. .
3. Bidding
a. Opening of sub-contractor bids - one meeting
4. Construction - Construction Conference Meetings only. Refer to Meetings during
Construction below.
M~tings During l.nnstrudion
t. Fourteen monthly construction (or Owner/Contractor) conferences
(Seven by Project Manager (PM); Fourteen by Construction Administrator (eA); one
each by engineer of each discipline)
Sit@ Visits puring C':nnstructiOD
1. PM and CA: Site visits will occur during monthly construction (or Owner)
conferences.
Eight visits at four hours ea.
Two visits at four hours ea.
Six visits at four hours ea.
Six visits at four hours ea.
2. Structural Eng.:
3. Civil fng.:
4. Mechanical Eng.:
5. Ele<.1ricat Eng.;
M~ings During C':nn!>truc:ti(}n Dnru~nt Pha~ with fnn4trudion Manavr
1. Two meetings at four hours each in NE's office (with all SC OMJM disciplines)
ro~t Estima~
Cost estimates to be provided by Construction Manager or separate cost estimating service
provided by Owner.
OthPl' Meeting"
Other meetings not specifically outlined above wilt be charged at SCDMJM standard
billing rates.
.~v -.. lQ.L lQ:4,j
Spillis Candela OMJM
An ACHMENT NO.1 - Furniture Ie furftishinp Scope
DATE; Ncwember 29. 2001
PROPOSAL TO: City of Sunny .sles leach
PROJECT: Sunny Isles Be.ch Covem....t Center
DEfiNITIONS:
City of Sunny Isles Beach, hereinafter to be called me Owner.
The furniture and furnishings associated with the New Administration Building consisting of 45,000 GSF of
office space, a Commission Chamber and Police Department hereinafter to be called the Project.
Spillis Candela & Partners Interiors, the interior designer for the project. hereafter to be called Spillis Candela
OMJM Interiors.
Spillis Candela OMJM, hereafter to be called the Owner's Architect.
BASIC SERVICES:
Spillis Candela DMJM Interiors shall provide furniture plans, selections; specifications and color
coordination to the established building finishes. Spillis Candela OMJM Interiors shall coordinale 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 proc:eed according to phases outlined below and in accordance wid1 an estilblished schedule
for each facility:
PHASE I - SCHEMATIC DESIGN
Spillis Candela OMJM Interiors shall meet with the Owner to establish team responsibilities, methods
of approval, Project procedures and schedule requirements.
2. Spillis Candela OMJM Interiors shall consult with the Owner to confirm the overall objectives for the
new office furniture and the criteria for design quality and cost. Owner shall provide a list of
acceptable furniture manufacturers available on state contract from which Spillis Candela OMJM
Interiors can make selections. If the Owner desires an update lO the previously completed inventory of
existing furniture dated May 2000, this is an additional service and would be handled on a time basis.
It shall be completed at this time.
3. Based upon the Owner's complete Program Update, as well as the Owner's determination of existing
furnishings to be reused, Spillis Candela OMJM Interiors shall prepare and present for approval
preliminary furniture layouts illustrating workstation block plans, office layouts, and 5Upport spaces.
-,.. .........,)
Spillis Candela DMJM
City of Sunny Isles Ie~c:h
November ~9, 2001
Pace 2 013
The Program Update would identify staff counts and workstation sizes, enclosed offices and support
spaces, open area support spaces, file and equipment requirements and adjacencies.
4. Spill is Candela OM1M Interiors shall ptepare a preliminary design presentation consisting of:
a) Recommendations for furniture syS(en1S and loose furnishings selected from Slate contract;
b) Concepts for color paleues and finish materials to coordinate with architects building color
scheme;
cl Spillis Candela DMIM Interiors shall prepare a Furniture Budget.
5. Spill is Candela OMJM Interiors shall present the Schematic Design and Budget to the Owner for
review and approval.
PHASE II . CONTRACT DOCUMENTS AND liDDING PROCESS
1. Based on the approved Schematic Design, Spillis Candela OMJM Interiors shall prepare descriptive
specifications for Owner's purchase or bid of furniture from stare contract. Furniture specifications
shall be written based upon Owner's approved manufacturer and "or equal. if required.
2. SpilUs Candela OMJM Interiors shall assist the furniture represenrative in preparing coded flOOt' plans
indicating locltions fO( the installation of new furniture.
J. 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; Spillis
Candela DMIM Interiors shall assist the Owner with the bid proposal evaluation.
PHASE III . ADMINISTRATION or CONTRACT DOCUMENTS
1. Spill is Candela DMJM Interiors shall consult with the Owner and contractors to establish construction
and installation schedules.
2. During the installation phase, Spillis Candela OMJM Interiors shall attend; 1) one job site meeting with
the Contractor and Installer to coordinate procedures; 2) one job site review of initial partidon layout
insrallations; and 3) one final punch list walk-through with the Owner and the Installer.
3. Spillis Candela OMJM Interiors shall prepare and shall issue punch lists to the General Contractor,
ManufactUrers, and Dealet5 specifying the work to be corrected, before the Owner issues final
payments.
-.. .......~...)
SpilUs Candela OMJM
City 01 SIMny '''et Beach
November 29, 2001
Pas.3of3
ADDITIONAL SEIV1CES:
For Additional Services req~ by the Owner, not wilhin the current understandins oIlhe Basic Services,
Spillis Candela DM'M Interiors shall be compenDted on an hourly basis (OPEl. Such services shall be
documented in writing by SpIlUs Candela DMjM Interiors prior to their commencement, such Additional
Services, while not limited to me following, shall include:
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 "maior defects in
the work of the conrractorJ .nd vendors.
3. Telephone system planning.
6. Individual private office design.
7. Work in any su~tenant areas.
6. Reproducible as-built drawings.
9. Signage and graphics programs.
10. Art, orien~1 rugs and individualac:cessories selection.
11 . Interior Landscaping.
12. Fumiture Inventory.
17070 Collins Avenue A Suite 250 , Sunny Isles Beach, FL 33160
TEL: 305 947 0606 . FAX: 305 949 3113
C: 11 l' () F S l l N( � V I S L. E S 11 E A C H
SJNNY IS4�J
n
U
April 2, 2002
/9 z s. ,...OP
s y.* F�
F L O
Ms. Nina Gladstone
Project Manager
Spillis Candela DMJM
CITY COMMISSION
800 Douglas Entrance
DAVID SAMSON
Coral Gables, FL 33134 -3119
MAYOR
DANNY IGLESIAS
Dear Ms. Gladstone:
VICE MAYOR
NORMAN S. EDELCUP
COMMISSIONER
Please find enclosed an executed, original copy of the agreement with Spillis
GERRY GOODMAN
Candela and Partners, Inc., for professional services, along with a certified copy of
COO
COMMISSIONER
Resolution No. 2002 -413, for your records.
LILA KAUFFM
COMMISSIONER
Christopher J. Russo
City Manager
Lynn M. Dannheisser
City Attorney
Richard Brown - Morilla
City Clerk
Sincerely,
Richard Brown - Morilla
City Clerk
RBM:mw
Enclosures
c: Lynn Dannheisser, City Attorney
Christopher Russo, City Manager
Jorge Vera, Zoning Director
Jean Watson, Finance Director
Cecille Hayles, Contract Administrator (original)
y•99 ��, 4,r
6 * 7:?R s
C,TY OF SUN PNO
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager (,A K
DATE: January 17, 2002
City Commission
David Samson, Mayor
Danny Iglesias, Vice Mayor
Norman S. Edelcup, Commissioner
Gerry Goodman, Commissioner
Lila Kauffman, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown - Morilla, City Clerk
RE: APPROVAL OF FINAL AGREEMENT WITH SPILLIS CANDELA DMJM
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution approving an
agreement with Spillis Candela DMJM ( "Spillis Candela ").
U.7 1%TIC
The City is in need of architectural services for the design of a new Government Center facility,
which will be located at 18050 Collins Avenue. As such, the City Commission qualified and
ranked three prospective architectural firms, and authorized the City Manager to negotiate with
these firms, in order of ranking, until a contract was secured with one of the firms (Resolution
No. 2001 -381).
On December 13, 2001, the City Commission approved a letter agreement with the number one
ranked firm, Spillis Candela, which set forth the basic terms and conditions for services. Now,
the City Manager and City Attorney have negotiated a Final Agreement with Spillis Candela,
which more fully sets forth the terms and conditions.
ADDITIONAL INFORMATION
Spillis Candela DMJM is a well -known architectural firm, with adequate staff and ability to
undertake projects of great magnitude. They have designed various government buildings,
including the Cape Coral Government Complex, the City of Sunrise City Hall Annex & Fire
Rescue, and the City of Juno Beach Government Center. Also, Spillis Candela DMJM is the
recipient of the Florida Association of the American Institute of Architects' "2000 Millennium
Award of Honor for Design."
CJR/pw
Agenda Item
Spillis - Final AWmt Agenda Memo
Date
s0""Y'S<Fs
City of Sunny Isles Beach
e.
o ,. a
17070 Collins Avenue, Suite 250
U _
Sunny sles Beach Florida 33160
)
„ *
(305) 947 -0606 City Hall
j
(305) 949-3113 Fax
F c * F L OR o S
T P�
(305) 947 -2150 Building Department
y
OF SUN
(305) 947 -5107 Fax
MEMORANDUM
To: Jorge Vera
Zoning Director
From: Richard Brown - Morilla
City Clerk
Date: January 23, 2002
City Commission
David Samson, Mayor
Danny Iglesias, Vice Mayor
Norman S. Edelcup, Commissioner
Gerry Goodman, Commissioner
Lila Kauffman, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown - Morilla, City Clerk
Re: Resolution No. 2002 -413 Approving an Agreement with Spillis, Candela &
Partners, Inc.
At the January 17, 2002 City Commission meeting, an Agreement between Spillis, Candela &
Partners, Inc., and the City of Sunny Isles Beach for Architectural services with respect to the
new Government Center Facility located at 18050 Collins Avenue, was approved. We are
hereby enclosing three (3) original copies of the Agreement for signature, along with a certified
copy of Resolution No. 2002 -413. Please request that Spillis, Candela & Partners, Inc. return
two (2) original, executed copies to my attention.
Thank you.
RBM:jah
Enclosures
c: Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
James Watts, Public Works Director
Jean Watson, Finance Director
Cecille Hayles, Contract Administrator
RESOLUTION NO. 2002
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING AN AGREEMENT BETWEEN SPILLIS, CANDELA &
PARTNERS, INC., AND THE CITY OF SUNNY ISLES BEACH, ATTACHED
HERETO AS EXHIBIT "A ", FOR ARCHITECTURAL SERVICES WITH
RESPECT TO THE NEW GOVERNMENT CENTER FACILITY LOCATED
AT 18050 COLLINS AVENUE; PROVIDING FOR EXECUTION BY THE
MAYOR; PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE SAID CONTRACT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, by Resolution No. 2001 -398, dated December 13, 2001, the City Commission
approved a letter agreement between the City and Spillis Candela for architectural services with
respect to the new Government Center facility located on Collins Avenue.
WHEREAS, the City Manager and the City Attorney have negotiated and agreed upon the
terms of a proposed Final Agreement with Spillis Candela to provide architectural services for the
new Government Center, as set forth in Exhibit "A ", attached hereto; and
WHEREAS, the City Commission wishes to review and approve the proposed Agreement
for these services embodying the terms set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Sectionl . Approval of Contract: The proposed Agreement by and between Spillis Candela &
Partners, Inc., and the City of Sunny Isles Beach for architectural services to the new Government
Center facility located at 18050 Collins Avenue, on the terms and conditions as more fully set forth
as Exhibit "A ", hereto, be, and the same is, hereby approved.
Section 2. Execution by Mayor: The Mayor is hereby authorized to execute the proposed
Agreement between the City and Spillas Candela, for architectural services.
Section 3. Authorization of City Manager and CityAttomey: The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of the Contract.
Spillis, Candela Approval of Contract
For new Government Center (eb)
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of January, 2002.
David Samson, Mayor
XTThSIT:'
Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
7
City Attorney
Moved by:
Second by:
VOTE:
Mayor Samson yes V`_ no
Vice Mayor Iglesias yes - Ll-*no-
Commissioner Edelcup yes C-;"no-
Commissioner Goodman yes�no_
Commissioner Kauffman yes:Zno
F r; I_, I
.)RU
C, o
fi
10 4 C a
J
23
x
Spillis, Candela Approval of Contract
For new Government Center (eb)
110d, da
j