HomeMy WebLinkAboutReso 2018-2800 RESOLUTION NO. 2018 - Z
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH PERKINS+WILL FOR PROFESSIONAL
ARCHITECTURAL SERVICES FOR INTERIOR REMODELING
OF GOVERNMENT CENTER LOBBY AND GATEWAY PARK
FOR INTERNAL SPACE BUILD-OUT, IN AN AMOUNT NOT TO
EXCEED FOUR HUNDRED THOUSAND DOLLARS (5400,000.00),
ATTACHED HERETO, IN SUBSTANTIALLY THE SAME FORM,
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT, PROVIDED IT IS FIRST
REVIEWED AS TO FORM AND LEGAL SUFFICIENCY BY THE
CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND
THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City issued and advertised RFQ No. 17-12-01 Professional Architectural
Services for Interior Remodeling at Government Center Lobby and at Gateway Park for Internal
Space Build-Out, for which three (3) responses were received; and
WHEREAS, via Resolution No. 2018-2779 the City Commission ranked and authorized
the City Manager to begin negotiating with the first ranked firm of Perkins+Will; and
WHEREAS, after extensive negotiations, Perkins+Will have agreed to provide the
services"as more specifically described in Exhibit "A"; and
WHEREAS, the City is desirous of securing a firm to provide professional architect
services to the City; and
WHEREAS, the City Commission wishes to approve an agreement with Perkins+Will, to
provide professional architect services for the interior remodeling at Government Center Lobby
and for the internal space build-out at Gateway Park, in an amount not to exceed Four Hundred
Thousand Dollars ($400,000.00), attached hereto, in substantially the same form, as Exhibit "A",
provided said agreement is first reviewed as to form and legal sufficiency by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an agreement
with Perkins+Will, to provide professional architect services for the interior remodeling of
Government Center Lobby and the internal space build-out at Gateway Park, in an amount not to
exceed Four Hundred Thousand Dollars ($400,000.00), attached hereto, in substantially the same
form, as Exhibit "A".
R2018 Award RFQ No 17-12-01 And Enter Into Agmt W Perkins Will Page 1 of 2
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Section 2. Authority to Enter into an Agreement. The City Manager is hereby authorized to
execute an Agreement with the first ranked firm of Perkins+Will, provided said Agreement is
first approved as to form and legal sufficiency by the City Attorney.
Section 3. Authorization of City Manager and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th d.; of M..rch 2018.
`,:- , . George .. Scholl, Mayor
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ATTE T:,
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Mauricioetanc, r, CMC, City Clerk
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APPROVED AS TO FORM
AN : 1 G• SUFFICIENCY
011gritl
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:0P .ttmot, City Attorney
Moved by: C.OVIAVVI(S.St 017..‘e-e- CArtb
Second by: I l CE 0,11196Q- u o - N'V- 3
VOTE:
Mayor Scholl I (Yes) (No)
Vice Mayor Goldman " (Yes) (No)
Commissioner Aelion J (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin V (Yes) (No)
R2018 Award RFQ No 17-12-01 And Enter Into Agmt W Perkins Will Page 2 of 2
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CITY OF SUNNY ISLES BEACH AGREEMENT
WITH PERKINS & WILL ARCHITECTS, INC.
CONTRACT NO. 6009-062
THIS CONTRACTUAL AG +EMENT(hereinafter referred to as the"Agreement") is
made in duplicate, this 10.1 day of e , 2018, by and between the CITY OF
SUNNY ISLES BEACH,Florida, (hereinaft referred to as "City"or"Owner"),and PERKINS
& WILL ARCHITECTS, INC, a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Architect") whose Federal I.D.#is 36-2690384.
ARTICLE.l.
EXTENT OF AGREEMENT
1.1 Architect: The Architect shall perform its services consistent with the professional skill
and care ordinarily provided by architects practicing in the same or similar locality under the same
or similar circumstances. The Architect shall perform its services as expeditiously as is consistent
With Such professional skill and care and the orderly progress of the Projects.
1.2 The Owner and the Architect shall work from the beginning of planning through final
construction completion and shall be available thereafter should Additional Services be required. .
The Architect will provide leadership during the design phase and construction administration
services during the construction of the Projects.
1.3 Extent of Agreement — This Agreement for professional services represents the entire
Agreement between the Owner and the Architect. 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.
1.4 Definitions:
Projects: The Projects are for Architectural Design Services comprising of the (1) internal space
build-out of the parking garage at Gateway Park at 151 Sunny Isles Blvd, Sunny Isles Beach,
Florida 33160, as set forth in Attachment "A", and the (2) interior remodeling for the City
Government Center at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, as set forth in
Attachment `B".
The Architect's Scope of Services consists of planning,design, and construction administration as
described in the Proposals submitted by Perkins &Will Architects Inc. in response to Request for
Qualifications("RFQ")No. 17-12-01,and as described in Attachments "A"and"B".In the event
of a conflict or inconsistency between the Attachments "A" andior "B" and this Agreement, the
terms and conditions of this Agreement shall govern.
Owner: The entity that will occupy, use and own the Projects upon substantial completion is the
City of Sunny Isles Beach. The funds with which the compensation the Architect will be paid are
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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under the control of the City of Sunny Isles Beach. These funds will be paid to the Architect upon
approval of each invoice by the Owner.
Services:.All the services,materials,and equipment provided by/or under this Agreement with the
Architect.
Construction Manager. TO BE ASSIGNED
Architect—Perkins&Will Architects Inc. c/o Lawrence Kline, Managing Director Principal, 806
Douglas Road, Suite 300, Coral Gables, FL 33134-, Tel: (305) 569-1333, Email:
Lawrence.kline@perkinswill.com
Project Director: The City Manager or the person designated by the City Manager to provide direct
interface with the Architect with respect to the Owner's responsibilities.
Owner's Representatives: The Project Director or any person designated by the City Manager.
1.5 Architect's Personnel: The Architect shall designate key personnel for the Projects. The
Architectshall not deviate from these key personnel without first obtaining the written consent of
the Owner, which shall not be unreasonably delayed, conditioned, or withheld. If key personnel
leave the Architect's firm, the replacements shall be submitted'to the Owner within a reasonable
time. The Owner reserves the right to reject any replacement personnel.
ARTICLE 2
COMPENSATION
THE OWNER AGREES TO PAY THE ARCHITECT AS COMPENSATION FOR HIS
SERVICES:
2.1 Gateway Park Build-Out. For the Basic Services prescribed in Article 3 hereinafter, the
City agrees to pay Architect the amount not to exceed Three Hundred Seventy Thousand
Three Hundred Thirteen Dollars ($370,313.00) for the internal space build-out at Gateway
Park, as described in Attachment "A".
2.2 Government Center. For the Basic Services prescribed in Article 3 hereinafter, the City
agrees to pay Architect the amount not to exceed Forty Two Thousand Six Hundred Fifty
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Dollars ($42,650.00) for the interior remodel of the City Government Center, as described
in Attachment "B".
2.3 Reimbursements. Reimbursable expense as defined in Article 8 hereinafter,not exceeding
the limits of Section 112.061 of the Florida Statutes.
2.4 Total Contract Price. For design services for the Projects, the City agrees to pay a total
contract price of Four Hundred Twelve Thousand Nine Hundred Sixty Three Dollars
($412,963.00) unless the parties agree to modify the total price in writing.
ARTICLE 3
ARCHITECT'S BASIC SERVICES
3.1 THE ARCHITECT AGREES TO PROVIDE THE FOLLOWING BASIC
PROFESSIONAL SERVICES FOR THE PROJECTS AS MORE PARTICULARLY
SET FORTH IN ATTACHMENTS "A" AND "B".
3.2 PHASE 1: FEASIBILITY STUDY/PROGRAM VERIFICATION
(1) The Architect shall provide a Feasibility Study/Programming and Site Verification
to evaluate and confirm existing conditions of Projects site are in general
conformance and suitability for Projects.
(2) The Architect will execute a substantial review of building codes, zoning, &
engineering regulation in order to ensure that the.Projects meet applicable building
codes.
(3) The Architect shall provide Owner with preliminary space plans,Permit Sets signed
and sealed by Architect's sub-consultant, specifications, drawings, and other
documents.
3.3 PHASE 2: SCHEMATIC DESIGN
(1) The Architect shall prepare, from the approved Feasibility Study/Program
Verification, the Schematic Design Studies to achieve a design solution acceptable
to the Owner. The Design Studies shall consist of drawings,concepts,organization,
orientation,and an engineering narrative based on the on-site walk thru assessment.
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(2) The Architect shall provide the Schematic Design Studies to the Owner for review
and comments.
(3) The Architect shall provide project coordination including but not limited to, staff
conferences, meetings with Owner or Owner's Representatives, and analysis
reports regarding building codes and utilities analysis that conform to plan
requirements.
3.4 PHASE 3: DESIGN DEVELOPMENT
(1) The Architect shall prepare the Design Development Documents from the approved
Schematic Design. The Design Development Documents shall consist of drawings
and other documents, including specifications, to fix and describe the size and
character of the Projects. Documents will include but are not limited to floor plans,
interior elevations/millwork profiles, character of Projects as to type of materials,
mechanical and electrical systems analysis, and other work as required for
construction of the project.
(2) Architect shall provide Final Design Development services based on approval of the
Schematic Design Package.
(3) The Architect shall provide project coordination, including but not limited to: staff
conferences, meetings with Owner or Owner's Representatives, and analysis reports
regarding building code and utilities analysis that conform to.plan requirements.
(4) Architect shall engage in progress reviews with Owner's Representative at fifty
percent (50%) and one hundred percent(100%)completion of the design stage.
(5) The Architect shall provide Owner with five (5) full size copies of plans, including
two(2) Permit Sets signed and sealed by Architect's sub-consultant, specifications,
drawings, and other documents.
3.5 PHASE 4: CONSTRUCTION DOCUMENTS
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(1) The Architect shall prepare, from the approved "Design Development Phase,
Contract Documents consisting of Drawings and Specifications. Architect will
describe in detail Project analysis, including but not limited to: quality levels of
materials and systems and other requirements for the Contractor's construction of
the Project that is approved by the Design Development Set.
(2) Architect shall coordinate Projects with Owner or Owner's Representative.
(3) Architect shall prepare documentation of systems and coordination of consultants
as to the structural, mechanical, fire protection, telecommunications, and related
equipment of the Projects.
(4) Architect shall prepare Construction Documents,including but not limited to: floor
plans, plans and description of Project systems; structural, mechanical, and.
electrical analysis, interior elevations, millwork profiles, reflected ceiling systems,
and lighting for Projects. Architect shall also prepare reporting as to project
materials identification, mechanical and electrical systems analysis,and other work
as required for construction of the projects.
(5) The Architect shall provide Owner with five (5) full size copies of plans,
including two(2)Permit Sets signed and sealed by Architect's sub-consultant,
specifications, drawings, and other documents.
(6) The non-technical documents consisting of the necessary bidding information,
General Conditions of the Contract, including any Supplementary Conditions,
proposal and contract form shall be prepared by Owner. The Architect shall review,
respond to questions, and provide the Owner his comments on these documents.
Such documents shall not place any responsibility or obligation on the Architect
that are not already in this contract.
(7) The Architect 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's use will be the responsibility
of the Architect. Upon approval of the Contract Documents, the Architect will
furnish the Owner with 2 copies of the CADD Documents.
(8) Upon approval by the Project Director for the Contract Documents for each Bid
Group, the Architect shall furnish to the Contractor printed copies of the Contract
Documents or any permissible form agreed upon by the parties.
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(9) The Architect 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(12),
Florida Statutes, then the Architect 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.
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's design
suggestions and decisions, such approval shall not relieve the Architect of any
responsibility hereunder.
(10) The Architect, 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 CD/DVD files at the conclusion of the Construction Documents
phase. The parties may agree on the format for the files to be produced if a format
is not acceptable to either party.
(11) The electronic files to be delivered under this Agreement contain information to be
used for the production of contract documents for the Projects and are provided as
an accommodation to Owner. The official Contract Documents of record are those
printed documents produced by the Architect 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 makes no representation that
the files, after delivery, will remain an accurate representation of the source date in
the Architect's possession, or are suitable for any other purpose or use, and all
indications of Architect's (and its subcontractors, if any) 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 does not have the
right to sub-lease for Owner's use any software required to access the electronic
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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 PHASE 5: PERMITTING,BIDDING, &NEGOTIATION
(1) .The Architect shall acknowledge that the Owner or Owner's Representative will
administer the solicitation of bids to prequalified contractors as determined by
Owner.
(2) The Architect shall provide permit set coordination and project coordination
including but not limited to, staff conferences, provision of bidding/proposal
documents,reproduction of bidding/proposal documents,analysis of alternative bid
submissions, pre-bid conference evaluations, bid proposal review and negotiation
meetings.
(3) The Architect, consulting with the Owner, shall prepare necessary addenda to each
Bid Group and provide copies 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.
(4) The Architect shall attend two (2) General Contractor bid review meetings as
requested by Owner.
(5) The Architect shall review and respond to questions from bidding contractors and
develop any addenda drawings to address concerns as needed by the Owner.
(6) The Architect will assist the Contractor in evaluating all bids received and provide
comment and recommendation to the Owner on each proposed authorization for
work in connection with the Projects.
3.7 PHASE 6: CONSTRUCTION ADMINSTRATION
3.7.1 Construction Phase — Administration of the Construction Contract Work under
Contract to Contractor.
(1) The Architect shall be a representative of the Owner during the Construction, and
shall advise and consult with the Owner. Instructions to the Contractor shall be
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forwarded through the Architect. The Architect 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.
(2) The Architect shall act as Owner's advocate during field observations, Project
submittal review, work modifications, and constructor Payment Applications.
(3) The Architect 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 the limited purpose of checking for conformance
with the design concept of the Project and with the information given in the
Contract Documents. Review of such submittals is not for the purpose of
determining the accuracy and completeness of other information such as
dimensions, quantities, and installation or performance of equipment or systems,
which are the Contractor's responsibility. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by
the Architect, of any construction means, methods, techniques, sequences or
procedures. Such action shall be taken with reasonable promptness so as to cause
no unreasonable delay. The Architect's approval of a specific item shall not
indicate approval of an assembly of which.the item is a.component. The review
period shall be within two (2) weeks per submission. Field modifications due to
design flaws shall not be charged to the Owner.
(4) The Architect shall obtain permits from all required agencies for the Projects.
(5) The Architect shall provide periodic Construction Administration visits to the site
to become generallyfamiliar with the progress and the general quality of the Work
and to determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of such on-site observations of the Architect,
the Architect shall keep the Owner informed of the progress and the general quality
of the Work,and shall endeavor to guard the Owner against defects and deficiencies
observed in the Work of the Contractor.
(6) The Architect shall provide Owner with five(5) full size copies of plans, including
two(2)Permit Sets signed and sealed by Architect's sub-consultant,specifications,
drawings, and other documents.
(7) Construction Administration visits shall be a one (1) visit every two (2) weeks,
unless modified by Owner and Architect, for the duration of the
construction/fabrication period and up to six (6) months. Architect shall include
one(1)Punch List review during the Construction Administration phase of Project.
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(8) The Architect shall provide construction meetings on site with Owner's
Representative, Architect & Consultant (OAC Meetings) no later than every four
(4) daysafter reporting.
(9) Unless otherwise provided in this Agreement and incorporated in the Contract
Documents, the Architect 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 and Owner.
(10) The Architect 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 shall not be responsible for the Contractor. The
Architect shall at all times have access to the Work wherever it is in preparation or
progress.
(11) Based on the Architect's observations at the site, the recommendations of the
Contractor and an evaluation of the Application for Payment, the Architect shall
determine the amounts owing to the Contractor and shall issue a Certificate o_f
Payment in such amounts, as provided in the Contract Documents.
(12) The issuance of a Certificate for Payment shall constitute a representation by the
Architect to the Owner,based on the Architect's observation at the site and on the
data comprising the Application for Payment that 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 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 has made any examination to ascertain how
or for what purpose the Contractor has used the monies paid on account of the
Contract Sum.
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(13) Should disagreement occur between the Contractor and Architect 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.
(14) All interpretations and decisions of the Architect shall be consistent with.the intent
of, and reasonably inferable from, the Contract Documents, and shall be in writing
or in graphic form.
(15) The Architect's decision with the consent of Owner in matters relating to artistic
effect shall be final if consistent with the intent of the Contract Documents. The
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Architect's decisions on any other claims,disputes or other matters,including those
in question between the Owner and the Contractor, shall be subjectto claims
provisions provided in this Agreement and in the Contract Documents.
(16) The Architect shall recommend to the Owner to reject work, which does not
conform to the Contract Documents. Whenever, in the Architect's reasonable
opinion, it is necessary or advisable to insure conformance with the provisions of
the Contract Documents, the Architect 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 shall take such action only after consultation with the Contractor
and Owner.
(17) If the Contract Documents specifically require the Contractor to provide
professional design services or certifications by a design professional related to ,
systems, materials or equipment, the Architect shall specify the appropriate
performance and design criteria that such services must satisfy.The Architect shall
review Shop Drawings and other submittals related to the Work designed or
certified by the design professional retained by the Contractor that bear such
professional's seal and signature when submitted to the Architect. The Architect
shall be entitled to rely upon the adequacy, accuracy and completeness of the
services, certifications and approvals performed or provided by such design
professionals.
(18) The Architect 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.
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(19) The Architect 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.
(20) The Architect, assisted by the Contractor, shall conduct inspections to determine
the dates of substantial completion and final completion and shall issue appropriate
Certificates.
(21) The Architect shall assist the Contractor in receiving and forwarding to the Owner
written warranties and related documents assembled by the Contractor.
(22) The extent of the duties,responsibilities and limitations of authority of the Architect
as a representative of the. Owner during construction shall not be modified or
extended without the written consent of the Architect and the Owner.
ARTICLE 4
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 in
connection with its response to Request for Qualifications ("RFQ") No. 17-12-01 and
Attachments "A" and "B", the Architect shall be compensated on an hourly basis, subject
to the advance written approval by the City Manager and the City Commission. Such
services shall be documented in writing by Architect prior to their commencement. Such
additional services, while not limited to the following, shall include:
4.2 Additional services due to significant changes in schedule or the general scope of the
Projects or its requirements including, but not limited to, changes in size, complexity,
procurement or delivery method, or character of construction.
4.3 Revising previously approved drawings or specifications after construction documents are
finalized to accomplish changes.
4.4 Providing Detailed Cost Estimates.
4.5 When required by the Owner, preparing documents for Change Orders.
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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 to delinquency or
insolvency.
4.8 Providing prolonged contract administration and observation of construction should the
construction contract time be exceeded by more than 30 days. The Architect shall provide
as a basic service limited contract administration for up to 30 days beyond the contract
time. Limited contract administration shall be the Architect representative with the most
knowledge of the project attending bi-weekly site visits and responding to a reasonable
amount of project communications. The Architect's services through 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:
(1) If the Owner and the Architect agree that more extensive representation at the site
than is described in Article 3 shall be provided, the Architect shall provide one or
more additional Project Representatives to assist the Architect in carrying out such
responsibilities at the site.
(2) Such Project Representatives shall be selected, employed and directed by the
Architect shall be compensated therefore as mutually agreed between the Owner
and the Architect,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 shall report
to the Owner any defects and deficiencies in the Work observed by the Architect.
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.
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4.12 Additional services in connection with the Projects not otherwise provided for in this
Agreement.
ARTICLE 5
TIME
5.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent
with professional skill and care and the orderly progress of the Projects. The Feasibility
Study/Program Verification,schematic design documents, specifications, and construction
documents shall be completed in a time frame as detailed in Architect's response to Request
for Qualifications ("RFQ")No. 17-12-01, as set forth in Attachment "A" and Attachment
«B„
5.2 The Architect shall not be liable for failure to perform the contract or meet any schedule of
performance of services to the extent that any delay or impediment arises from causes
beyond the control and without the fault or negligence of the Architect. Examples of such
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causes include acts of God or of the public enemy, acts of the Owner or third parties, fires,
floods, pandemics or epidemics, quarantinerestrictions, strikes or labor actions, boycotts,
freight embargoes, and unusually severe weather. If the failure to perform is caused by the
default of one or more of Architect's sub-consultants at any tier, and if the cause of the
default is beyond the control of both the Architect and such sub-consultant,and without the
fault or negligence of either,the Architect shall not be liable for any excess costs for failure
to perform and shall be entitled to an equitable adjustment of Architect's fee.
5.3 The Architect agrees to start the Projects upon receipt of a Notice to Proceed(NTP) issued
by the Owner or their designee and to complete each assignment, task or phase within the
time stipulated in the NTP. A reasonable extension of timefor completion of various
assignments, tasks or phases may be granted by the City shouldthere be a delay on the part
of the City in fulfilling its obligations under this Agreement as stated herein. Such extension
of time shall not be cause of any claim by Architect for additional compensation.
ARTICLE 6
THE OWNER'S RESPONSIBILITIES
6.1 The Owner shall provide full information as to his requirements for the Projects.
6.2 The Owner shall designate a representative authorized to act on his behalf. He shall
examine documents submitted by the Architect and render decisions pertaining thereto
promptly to avoid unreasonable delay in the progress of the Architect's work.
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6.3 The Owner shall retain a Contractor to construct the Projects. The Contractor's services,
duties and responsibilities will be described in the Agreement between Owner and
Contractor. The Terms and Conditions of the Owner/Contractor Agreement will be
furnished to the Architect.
6.4 The Owner shall provide 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 arrange and pay for such legal, auditing and insurance counseling.service
as may be required by the Owner for the Projects.
6.6 If the Owner observes or otherwise becomes aware of any defect in the Projects,the Owner
shall give prompt written notice thereof to the Architect and Contractor.
6.7 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 the Owner
shall cooperate in revising the Projects 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 Projects designed or specified by the Architect. The construction
cost shall not exceed the Owner's Construction Budget.
(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. It shall also include the Contractor's
compensation for services, Reimbursable Costs and the cost of work provided by
the Contractor.
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(3) Construction Cost does not include the compensation of the Architect and the
Architect's consultants, the cost of the land, rights-of-way, contingencies for
changes in the Work,or other costs which are the responsibility of the Owner.
7.2 RESPONSIBILITY FOR CONSTRUCTION COST
(1) The Architect,as a design professional familiar with the construction industry,shall
assist the Contractor in evaluating the Owner's Construction Budget, and shall
review the estimates of Construction Cost prepared by the Contractor. It is
recognized,however,that neither the Architect,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 cannot and does not warrant or represent that Bids or
negotiated prices will not vary from the construction 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 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'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 Projects, 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 shall modify the Drawings and
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Specifications as necessary to comply with the fixed limit as an Additional Service,
except when the excess is due to changes initiated by the Architect in scope, basic
systems, or the kinds and quality of materials, finishes, or equipment. The
providing of such service shall be the limit of the Architect's responsibility arising
from the establishment of such fixed limit, and having done so, the Architect 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 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's office use; local sales and use taxes; 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 and the Architect's consultants.
(4) Renderings or Models for Owner's use.
8.2 Reimbursable expenses are estimated but shall not exceed five percent (5%) of the total
Project fees unless approval by Owner or Owner's Representative is received in writing.
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 PAYMENTS ON ACCOUNT OF ARCHITECT'S SERVICES
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(1) The Architect shall submit monthly invoices to the Owner, including a progress
description of services rendered. The Owner shall make payment within thirty (30)
days subject-to receipt and approval by the Owner's Project Manager.
A.Gateway Park Build Out.
Basic Services-Perkins & Will Architects Inc.
Architecture and Interior Design
Feasibility Study - $ 15,000.00
Programming and Site Verification/Planning/
BIM model and/Schematic Design .$ 50,000.00
Design Development .. $46,000.00
Construction Documents - . $50,000.00
Bidding and Permitting .$ 14,000.00
Construction Administration - - .. $39,650.00
Sub-Total $215,000.00
Engineering and Consultants Fee
Structural Engineering $ 8,250.00*
Thornton Toniasetti
Mechanical, Electrical, Plumbing,FP and
Telecommunications Engineering ..$ 81,400.00*
BR+A & ESI
Kitchen Equipment Consultant $ 55,440.00*
Inman Foodservices Group
Professional Cost Estimating Consultants $10,223.00*
RIB U.S. Cost
*Includes P+W Consultant Coordination Fee(10%)
Sub-Total $ 155,313.00*
TOTAL $ 370,313.00
B. Government Center.
Basic Services-Perkins & Will Architects Inc.
Architecture and Interior Design
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Programming and Site Verification/Planning/BIM model $2,000.00
Concept/Schematic Design ., $7,000.00
Design Development $7,00000
Construction Documents $7,000.00
Bidding and Permitting $2,000.00
Construction Administration $7,200.00
Sub-Total $32,200.00
Engineering and Consultants Fee
Mechanical, Electrical, Plumbing, and
Telecommunications Engineering .$9,500.00
P+W Consultant Coordination Fee(10%) ..$950.00
(Refer to BR-i-A &ESI proposal attached for reference)
Sub-Total $ 10,450.00
TOTAL $42,650.00
(2) Payments for Additional Services of the Architect 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'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.
9.2 PAYMENTS WITHHELD
(1) No deductions shall be made from the Architect'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 shall not withhold payments to consultants if such payments have
been made to the Architect by the Owner. Should this occur for any reason, the
Architect shall immediately return such monies to the Owner, 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 90 cumulative
days, the Architect shall be compensated for all services performed prior to receipt of
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written notice from the Owner of such abandonment,together with Reimbursable Expenses
then due.
9.4 If the Owner fails to make payments to the Architect in accordance with this Agreement
for more than 60 days, such failure may be considered substantial nonperformance and
cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to terminate or suspend services,the
Architect shall give thirty days' written notice to the Owner before terminating or
suspending services during which the Owner shall have a 30 day right to cure. In the event
of a suspension of services, the Architect shall have no liability to the Owner for delay or
damage caused the Owner because of such suspension of services. Before resuming
services,the Architect shall be paid all sums that are not in dispute due prior to suspension
and any expenses incurred in the interruption and resumption of the Architect's services.
The Architect's fees for the remaining services and the time schedules shall be equitably
adjusted.
ARTICLE 10
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect'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 for a period
of five (5) years from the date of this agreement.
ARTICLE 11
TERMINATION OF AGREEMENT
11.1 TERMINATION FOR CAUSE OR MUTUAL AGREEMENT
This Agreement may be terminated by either party upon thirty(30)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 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 or his consultants in conjunction with this Agreement. In the
event of termination,due to no fault of the Architect,the Architect shall be paid for services
performed to termination date, including reimbursable expenses.
11.2 TERMINATION FOR CONVENIENCE
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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 shall be entitled to payment for work completed to the time of termination
together with reimbursable expenses.
ARTICLE 12
REUSE OF DOCUMENTS
The Documents prepared pursuant to this Agreement shall not be used on other projects except by
agreement in writing. Reuse or modification of the Architect's Documents in any manner, or
authorization of reuse or modification by others, without the Architect's professional involvement
will be at the Owner's sole risk and without liability to the Architect. The Owner shall indemnify
and hold harmless the Architect, the Architect's consultants and agents and employees or any of
them from and against claims, damages, losses, and expenses, including but not limited to
attorneys' fees arising out of the unauthorized reuse of the Deliverables, whether such claims are
brought in breach of contract, breach of warranty, negligence or other tort or otherwise. The
foregoing use and delivery of documents is conditioned on the Architect having received from the
Owner all payments properly due under this Agreement.
ARTICLE 13
SUCCESSORS AND ASSIGNS
The Owner and the Architect 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 shall assign,sublet or transfer his interest in this Agreement without the
written consent of the other.
ARTICLE 14
CLAIMS AND DISPUTES
Under the terms of this contract, neither party 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 other party 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 this 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:
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(1) The Architect'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 deems himself entitled.
Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shall
provide the Architect its written response stating Owner's position with respect to each claim
asserted.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida. Venue shall be in Miami-Dade County, Florida.
It is the intention of the parties that whenever possible,if a dispute or controversy arises hereunder
then such dispute or controversy shall be settled by mediation. If mediation does not resolve the
dispute, the parties shall pursue litigation in a court of competent jurisdiction in Miami-Dade
County,Florida.
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 othenvise recover, the full amount of such fee, commission,percentage,
gift, or consideration."
ARTICLE 16
SPECIAL PROVISIONS
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16.1 Monthly Reports:
(1) It shall be the responsibility of the Architect to fully inform the Owner of the
progress of the Planning and Design. To this end the Architect 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 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 shall complete a Monthly Construction Report each and every month
based on knowledge obtained through observation of the construction work. The
Architect shall submit this report to the Owner on or before the first day of each
month.
16.2 The Architect 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 (10) days following such
meetings.
16.3. Bills: Travel Expenses:
Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit 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,Florida Statutes.
16.4 By execution of this Agreement,the Architect 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 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 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:
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"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."
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 Ownership of Documents:
The parties agree that all documentation and work product produced pursuant to this
Agreement shall become the exclusive property of the City and shall be provided to the
City upon request.
16.8 Indemnification and Waiver of Liability:
The Architect agrees to indemnify and hold harmless the Owner, its representatives,
officers, directors, officials and employees from and against claims, damages, losses and
expenses (including but not,limited to reasonable attorney's fees and costs) to the extent
the same are caused by the Architect's negligent acts,errors,mistakes or omissions relating
to professional services in the performance of this Agreement.
The Architect and Owner waive consequential damages for claims, disputes or other
matters in question arising out of or relating to this Agreement. This mutual waiver is
applicable, without limitation, to all consequential damages due to either party's
termination of this Agreement,except as specifically provided in Article 11.
16.9 Insurance Requirements:
The Architect shall maintain during the terms, except as noted, of this Agreement the
following insurance:
A. Professional Liability Insurance in the amount of One Million Dollars
($1,000,000.00 per claim and aggregate), which shall be the limit of liability
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providing for all sums which the Architect shall become legally obligated to pay as
damages for claims to the extent caused by negligent acts, errors, or omissions
- pertaining to professional services performed by the Architect. This insurance shall
be maintained for three years after completion of the construction and acceptance
of any Work covered by this Agreement.
B. Commercial general liability insurance with broad form endorsement, including
completed operations and products liability, contractual liability, severability of
interests with cross liability provision, and personal injury and property damage
liability-per the CG 00 01 or equivalent with' limits of One Million Dollars
($1,000,000.00) combined single limit per occurrence, Two Million Dollars
($2,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00)
products/completed operations aggregate. Said policy or policies shall name
Owner as additional insured.
C. Workman's Compensation Insurance for the employees of Architect as required by
Florida Statutes,Section 440,and employers' liability insurance with limits not less
than One Million Dollars ($1,000,000.00) each accident/disease-policy
limit/disease-per employee.
D. Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00)combined single limit per accident.
E. Other (or increased amounts of) insurance which Owner shall from time to time
deem advisable or reasonably appropriate, at the Owner's expense when
economically feasible and commercially available. 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).
F. All insurance policies identified in 16.8,except professional liability and workers'
compensation/employer's liability, 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.
G. All of the above insurance is to be placed with A.M. Best rated A-Excellent or
better insurance companies,qualified or approved to do business under the laws of
the State of Florida.
H. Except as to 16.8A and 16.8C, the Owner shall be named as an additional insured
under such policies, except professional liability and Workers'
Compensation/Employer's Liability. Said policies shall contain a"severability of
interest"or"cross liability" clause without obligation for premium payment of the
Owner.
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16.10 Electronic Mail Capabilities:
The Architect 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 shall provide its electronic mail
address and a name of a point of contact for electronic communications.
16.11 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.
16.12 Incorporation of Bid Response into the Contract: -
The contents of the Architect Engineer's Response to Request for Qualifications ("RFQ")
No. 17-12-01 shall be incorporated into this Agreement.
16.13 No Personal Liability: -
Pursuant to Florida Statutes Section 558.0035(1)(c), an individual,
employee, or agent may not be held individually liable for
negligenceoccurring within the course-and scope of this Agreement.
Pursuant to Florida Statutes Section 558.0035(1)(c), an individual,
employee, or agent may not be held individually -liable for
negligence occurring within.the course and scope of this Agreement
provided the damages are solely economic in nature and the
damages do not extend to personal injuries or property not subject
to the contract.
16.14 No Third Party Beneficiaries:
No person or entity other than the Owner is intended to be a beneficiary of Architect's
services under this Agreement and contractor shall have no right to maintain any action in
contract, tort or otherwise directly against the Architect.
16.15 PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
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(i.) Consultant shall keep and maintain public records required by the City to perform
the service.
(ii.) Upon request from the City, Consultant shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed'the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
(iii.) Consultant shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following completion
of the contract if the Consultant does not transfer the records to the City.
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City
all public records in possession of the Consultant or keep and maintain public
records required by the City to perform the service. If the Consultant transfers all
public records to the City upon completion of the contract, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements.If the Consultant keeps and maintains
public records upon completion of the contract, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided by Consultant to the City, upon request from the
City,in a format that is compatible with the information technology systems of the
City
IF THE CONSULTANT HAS QUESTIONS REGARDING. THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070
Collins Avenue,4th Floor,Sunny.Isles Beach,Florida 33160.
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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:
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By: I • ,Art PERKINS &WILL ARCHITECTS,
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Expires:?�: . ter 29,2019 LICENSED TO DO BUSINESS IN THE
Bonded thN Aaron NOM STATE OF FLORIDA
CITY OF SUNNY ISLES BEACH
As Witn;s :4: APPROVED:
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APPROVED AS TO FORM AND
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By: _ A'
Department Head / tinot,City • torney
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CITY OF SUNNY ISLES BEACH
GATEWAY PARK
INTERNAL SPACE BUILD-OUT (CCNA)
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MARCH 03,2018 REVISED-
FEBRUARY 15,2018
P E R K I N S + WILL SCOPE AND FEE PROPOSAL
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PERKINS +WILL
March 3, 2018 revised
Mr. Christopher Russo
City Manager, City of Sunny Isles Beach
Ms. Claudia C. Hasbun, AICP
Planning and Zoning Director
City of Sunny Isles Beach
Gateway Park for Internal Space Build-Out (CCNA)
18070 Collins Avenue
4th Floor
Sunny Isles Beach, FL 33160
Via e-mail:
chasbun@sibfl.net; crusso@sibfl.net
Re: Scope and Fee Proposal for Gateway Park for Internal Space Build-Out DRAFT
Dear City Clerk,
Thank you for the opportunity to present this proposal regarding the improvements to Gateway Park. At
Perkins+Will we believe that great designs come from great purpose, inspiration that helps strengthen our
communities.
A community's needs are at the core of our Civic practice —our award-winning designs strive to improve quality of
life by responding to individual and societal needs. Civic spaces reflect the identity and needs of its community
and can become catalysts for positive change, when designed as welcoming, flexible, efficient, creative, multi-
purpose and highly sustainable spaces.
Our mutual goal is to create inspiring spaces that become an integral part of their larger social, cultural,
environmental, and global context. We support our clients' unique drivers and in this case, the multi-generational
needs of Sunny Isles Beach's diverse community. Creating magnetic, memorable spaces, while strengthening and
continuing to activate urban districts, our design aims to create value and continued relevance.
We are extremely pleased to present this proposal based on the scope for Interior Design and associated consultant
services, as discussed during our meeting and walk-thru on January 22, 2018, and per the information provided in
the Request for Qualifications No. 17-120-0. This document, upon approval and signature, will serve as an
agreement in understanding pending development of a formal agreement, which will be executed with an AIA B152-
2007 Agreement. See draft template attached.
PROJECT SCOPE
This specific project scope anticipates the Interior Architectural Design and Engineering Services of Gateway Park
as described below:
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A. FEASIBILITY STUDY, PHASE 1
The feasibility study will include site evaluation and analysis to determine the suitability of the site for the
proposed project. Building code, zoning, engineering regulations review will follow to ensure that the proposed
project would comply with all applicable codes. Building programming will document the desired interior and
exterior covered spaces and their uses.
B. SCHEMATIC DESIGN , PHASE 2
The primary goal of this phase is to arrive at a clearly defined design planning solution that achieves the owner's
objectives for the proposed project using the client-approved program and to communicate that solution in a manner
that results in the client's understanding and acceptance of the design. The team prepares a plan and concept
inspiration images to help visualize the project as necessary while exploring the most promising design solutions, in
accordance with the owner's budget and the pertinent building codes and regulations. The Schematic Design
package will include drawings and engineering scope narrative based on the site walk-thru and review of as-builts
electrical and data drawings.At this phase,we will prepare one presentation to the Commission, including renderings.
With feedback from a general contractor, we will also provide an order of magnitude cost estimate for preliminary
review. The project will proceed to the next phase when the owner approves the schematic design. Includes one
round of minor revision. Additional program or scope and or revisions to layout will be billed as additional services.
We will provide complete Schematic Design ("SD") services to include:
A. Project coordination
B. Programming and plarning
C. Conferences with staff
D. Interior design of the building
E. Meetings with City regarding water and sanitary sewer utilities and storm water management plan
requirements
F. Building Code analysis regarding Interior Fit out includes discussion with City officials
G. Diagram space requirements/Test fits
H. Schematic design plans will include Floor plans, Section-Elevations, Interior elevations, and schematic
reflected ceiling plans.
I. Preliminary order of magnitude cost estimate
(1) Estimate must be based on conceptual estimating techniques that are reliable enough to form the basis for
subsequent design decisions.
(2) If at any time the estimate of the cost of the work exceeds the project funding, we will make appropriate
recommendations (Value Engineering) to the City's project team to adjust project size, quality, or finishes.
(3) Budget should be updated at the same time each additional design alternative is presented.
(4) Design deliverables to comply with all applicable federal, state, and local building codes, statutes,
regulations and requirements
(5) Presentation materials: two-dimensional and three-dimensional presentation materials as required.
(6)Two (2) Renderings
J. Commission meeting presentation for conceptual design approval
K.Preliminary construction schedule estimate to be confirmed by general contractor or construction manager,
once awarded.
C. DESIGN EVELOPMENT, PHASE 3
Based on the client-approved Schematic Design, the primary goal of this phase is to produce a comprehensive
description of the design. This includes floor plans, interior elevations, and details including materials, finish and
profiles. The basic design systems, including, mechanical, electrical and fire protection, should be well defined and
coordinated. The project will proceed to the next phase with the client's agreement that the design as documented
is complete and the project is ready to proceed to the next phase. Includes one minor revision. Additional scope,
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program and or layout revisions will be billed as additional services. Note: at this point the design has been developed
as a parametric BIM 3D model, so changes to previously approved layout will impact the project schedule.
We will provide Final Design Development ("DD") services based on the approved schematic design package:
A. Project coordination throughout all phases.
B. Conferences with staff
C. Formulation of systems: Structural, Mechanical, Electrical, Telecommunications (telephone and data /AV)
D. Selection of major interior materials, finishes and preliminary furniture and equipment.
F. Preparation of documents: Floor plans, Elevations, and coordination of systems (structural, mechanical,,and
electrical) (5) Interior elevations/millwork profiles, Reflected ceiling plan and lighting, Furniture selections and
preliminary budget, Outline specifications including preliminary color and materials schedule.
G. Coordination with structural, mechanical, plumbing, electrical and kitchen equipment consultants
H. The Design Development Package will be used by cost estimator to provide preliminary construction costs
I. Coordination of budget costs for owner supplied (FF&E) items
J. Detailed budget to be provided with the initial presentation for interior finishes and furniture which should be
monitored and updated with changes that follow
K. Coordination of kitchen/food and beverage equipment recommendations
L. Presentation materials
M. Progress reviews shall be required at the 50% and 100% design stage for review and approval by City staff.
D. CONSTRUCTION DOCUMENTS, PHASE 4
The construction document phase includes the final development of the specifications and the detailed drawings
required to permit, bid and build the project. The work of this phase leads to the specific coordination of
specifications and detailed drawings that clearly communicate the materials, parts, and assemblies that achieve the
design intent and budget.of the project. Preparation of a complete set of construction documents developed from
the client approved Design Development set. The Construction Documents will be sufficient for complete and
accurate pricing, permit submission and construction of the intended building. Documents shall be complete,
thorough and well-coordinated between consultants and disciplines. The project will proceed into the bidding,
negotiation and construction with the owner's agreement that the documentation is complete.
We will provide Construction Documents and Specifications(CD)services based on the approved Design Development
package:
A. Project coordination with awarded Consultant.
B. Conferences with staff
C. Documentation of systems and coordination with consultants: Structural, Mechanical, Electrical, Fire Protection,
Telecommunications, Kitchen Equipment
D. Full and complete specification of interior finish materials, color selections and furniture.
F. Preparation of construction documents, including but not limited to: Floor plans, Plans and descriptions of
systems; structural, mechanical, and electrical, Interior elevations/millwork profiles/details, Reflected ceiling
plans and lighting.
G. Final estimate of probable construction and FFE costs, if necessary
H. Drawings and written specifications for kitchen/food and beverage equipment
I. Written architectural specifications/project manual
We will provide the City the construction documents on or before eighty (80%) of completion for review with the
Building Department for a preliminary review. In addition, by the eighty.(80%) percent completion of the
Construction Documents we will provide in coordination with our cost estimating consultant an updated
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construction cost estimates to the City. The scope of the proposed interior alteration is an Alteration Level 3 as it is
anticipated to change the use from commercial restaurant to community center.
E. PERMITTING, BIDDING, NEGOTIATING, PHASE 5
We will issue a permit set and will respond to any necessary comments through all required disciplines including
but not limited to Miami-Dade County, DERM and other agencies. P +W understands that the City will solicit bids
from prequalified contractors and identify long lead time items. Our team will respond to questions raised
concerning the documents (RFI's.) We will answer questions from bidding contractors and develop any addenda
drawings to address the questions as required. We will attend General Contractor bid review meetings as requested.
This phase includes two (2) meetings. Additional meetings, Permitting duration, or scope beyond that specified-herein
will be billed hourly. We recommend the client hires a plans expediter to assist in the processing of permits. Our
scope includes:
A. Permit Set and coordination with owner provided Expeditor
B. Conferences with staff
C. Bidding/proposal documents
D. Reproduction and distribution of bidding/proposal documents
E. Special bidding/proposal addenda
F. Analysis of alternates/substitutions
G. Pre-bid conference/selection interviews
H. Bidding/Negotiations
I. Bid/proposal evaluation
J. Contract award
F. CONSTRUCTION ADMINISTRATION, PHASE 6
The primary goal of this phase of the project is to provide information, direction and assistance to the owner and
constructor that reinforces and clarifies the design intent set forth in the contract documents, both in the field and
in the review of submittals. Additionally, the architect's role as the owner's advocate is exercised through field
observations, submittal review, changes to the work and review of constructor Payment Applications. We will
review and approve required shop drawings, samples, product information, as required to facilitate completion of
the project. Review period to be within 1 week for any single submission.
We will visit and walk the premises or the fabricator's shop, if located in South Florida, and as required during
construction as to monitor progress of the work and verify that work is proceeding in accordance with the contract
documents. These Construction Administration visits will be a maximum of 1 visit every 2 weeks for the duration of
construction/fabrication up to six (6) months, and one (1) Punch List review. Our team will prepare periodic field
observations, and review and process the contractor's application for payment. Additional meetings listed above,
extended CA duration, or CA scope beyond that specified herein will be billed hourly.
At the end of this phase, the architect assists in the Project Close-out as a means of transferring ownership of the
project from the constructor to the owner. This Construction Administration fee assumes a total 24 weeks for
fabrication and construction and includes:
A. Bi-weekly construction meeting on site with the Consultant, architect and owner's representative (OAC Meetings)
B. General administration of the contract for construction
C. Obtaining permits from all required agencies
D. Review and approval of shop drawings
E. Submittal services
F. Site visitation
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G. On-site project representation
H. Payment certification /Application for Payment
I. Supplemental documentation
J. Review of change orders from Contractor
K. Project close-out
OTHER SERVICES
For each phase, we will furnish and provide the City with five (5) full-size copies of all plans, (two Permit Sets
must be signed and sealed by architect's sub-consultant) specifications, drawings, and other documents and
electronic versions of same in format.
Hurricane Response: We will assign a representative from our team to communicate via telephone, or report in
person (if telephone service is down) as soon as possible after any severe weather activity, including tropical
storms, or hurricanes.
ESTIMATE PROJECT CONSTRUCTION COST
The City's Construction Budget is the amount budgeted for the construction award of the Project, including
connections to utilities but is exclusive of cost of land, change order contingencies, movable furnishings and
equipment, and professional fees. For this Project, since the program is not.fully developed, we will provide an
estimate after the Feasibility Phase for the City to review and approve.
By fifty (50%) percent completion of the Construction Documents Phase, we will facilitate the resolution with the
City and the Construction Manager any apparent discrepancy between its Estimates of Probable Project
Construction Cost and the scope and requirements of the City. The architect will be permitted to include
acceptable alternates in the Contract Documents for the purpose of providing a finished and acceptable facility
within the City's Construction Budget. The architect will provide two alternates with owner's consent.
We will coordinate with a professional estimating consultant for construction cost estimating at three (3) project
milestones: Feasibility Study, Design Development and Construction Documents.
F F and E
Our team will select interior and exterior furniture if required, and prepare information for and coordinate with the
selected furniture dealer for the amount listed above. Please refer to the F F and E section.
Additional Services and Consultants:
This scope and fee proposal does not include consultants beyond those described in the attached documents
related to basic services for programming and interior architecture and design and structural / MEP efforts. Perkins
+Will can provide consultant services as an additional service if requested by the client; these services may
include but are not limited to the items listed on the Standard Exclusions/Additional Services Form attached.
Services required and requested by the Client which are outside the scope of this proposal will be billed hourly or
as mutually agreed. See Billable Rates attached for Perkins+Will Architects, Inc. See Engineer and Consultants
rates attached. Fees for additional services can be defined with the client prior to the start of the project.
CLARIFICATIONS/ASSUMPTIONS
• Our proposal is valid for 30 days.
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• We assume the Client will provide IT standards and equipment requirements for workstations and Audio
Visual specifications for Security Workstations
• We assume the Client will provide security and surveillance standards (including CCTV ) and requirements
and P+W and its consultants will coordinate with the vendor currently under warrantee and maintenance
agreement.
• Client Review period to be within 1 week for any single submission. Subsequent Client presentations above
and beyond listed below per phase are an additional service.
• • The Architect will be responsible for hiring and managing the Mechanical, Electrical, Plumbing, Fire
Protection Engineers and Telecommunications
• Architect will work closely with the client's consultants, Construction Manager and Furniture Dealership.
• The maximum number of meetings are detailed in this scope and fee proposal per Phase.
• This scope and fee proposal is for Interior Architecture and Interior Design efforts only and does not
include any scope or efforts outside of the space. Our fees within this proposal for design time and
meetings are within the schedule provided by the client and limited to those timeframes; if these
timeframes are extended because of client review and approvals, then the schedule will extend accordingly
and additional services may be incurred.
• Our proposal reflects a 5 business day Client review period at the end of each design phase or as required
by the project schedule, and meetings in order to facilitate design decisions to allow for the project
schedule. •
• Our proposal does not take into account any remobilization effort for project stops of more than 30
calendar days.
INFORMATION FROM OWNER
• The Client will provide information from the client's direct consultants, including but not limited to, IT and
AV consultant and security consultant, in a timely manner to enable the design team to properly plan for
those elements within the project.
• Client will provide a City of Sunny Isles Beach logo vector files, including logo lock up and branded colors
(PMS, RBG and CMYK)
• If not currently available to P+W, Client will provide most current Revit files or AutoCad dwg files will be
acceptable. For Architectural and Engineering Drawings. If CAD files not available, PDFs or scanned copies
of hardcopy drawings will be required,
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SCHEDULE
Site Verification and BIM Modelling 1 Week
Programming, Planning 2 Weeks
Workshop with the Commission 1 Week
Feasibility Study 3 Weeks
Concept/Schematic Design 3 Weeks
Design Presentation to Commission 1 Week
Design Development 4 Weeks
Review and Approval of Design and Cost 4 Weeks TBD
Construction Documents 6 Weeks
Total Design, estimated Commission Review and Client Review
/Approval Schedule 25 weeks
Review and Approval of Design and Cost (final before permit) 4 Weeks TBD
Bidding/ Permitting (Estimate) 8-12 Weeks TBD
Construction (Estimate) 24 Weeks (Estimate)
Bidding and Permitting could overlap
(Includes off-site fabrication and long lead time items)
Please review the above Schedule. If our understanding is accurate, we will provide a revised Preliminary Project
Schedule. Note: it is understood that the schedule for owner's review and permitting through respective municipal
entities, and construction schedule of the:Interior work is beyond our control.
TEAM ORGANIZATION
The team for the City of Sunny Isles Beach Government Center Improvements will include Lawrence Kline who will
serve as the Managing Principal, Elina Cardet as Design Principal in Charge, Carlos Chui as Architect of Record, Gia
Zapattini as Project Designer, Carlos Vilato as Senior Project Architect, the expanded design team and associated
local consultants delivering a complete Interiors and Engineering design set of documents to the Client.
MEETING SCHEDULE
Based on the proposed design schedule described above, we have assumed a certain number of meetings and
presentations calculated into our fee, not including coordination meetings with engineering consultants. Meetings
can be in person or via Skype. Weekly progress meetings will be held via Skype.
Programming and Site Verification 1 Meeting w/the client
Feasibility Study 2 Meetings w/the client
Concept/Schematic Design 1 Meeting w/the client
Design Presentation to Commission 1 Meeting w/the client
Design Development 1 Meeting w/the client
Review and Approval of Design and Cost 1 Meeting w/the client
Construction Documents 2 Meetings w/the client
Review and Approval of Design and Cost (final before permit) 1 Meeting w/the client
Bidding Permitting 2 Meetings w/the client
Construction Administration 14 OAC meetings / 1 Punch list
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BUDGET AND SCHEDULE
We understand the construction budget for this project has yet to be established; Pewrkins+Will will collaborate with
the selected contractor and fabricator through bidding, permitting and construction administration. Perkins+Will will
collaborate with the City to define the project schedule and most convenient timeframe for installation as to avoid
disruption to the users.
FEES AND EXPENSES
The proposed lump sum, fixed fees by phase include:
Architecture and Interior Design by Phase Fee
Feasibility Study $ 15,000
Programming and Site Verification /Planning/
BIM model and /Schematic Design $ 50,000
Design Development $ 46,000
Construction Documents $ 50,000
Bidding and Permitting $ 14,000
Construction Administration $ 39,650
Interior Architecture and Design Subtotal $215,000
Engineering and Consultants (See attached proposal for reference) Fee
Structural Engineering $ 8,250*
Thornton Tomasetti
Mechanical, Electrical, Plumbing, FP and
Telecommunications Engineering $81,400*
BR+A & ESI
Kitchen Equipment Consultant $55,440*
Inman Foodservices Group
Professional Cost Estimating Consultants $10,223*
RIB U.S. Cost
Engineering and Consultants Subtotal $155,313*
*Includes P+W Consultant Coordination Fee(10%)
TOTAL Professional Design Services Fee $370,313
REIMBURSABLE EXPENSES
Typical out of Pocket expenses are estimated not to exceed 5%of the total professional project fees, unless owner's consent
and approval is received in writing. Refer to Billable Rates sheet for balance of information.
STANDARD TERMS AND CONDITIONS
The Client shall compensate Perkins + Will for professional services rendered in with this specific project for the
stipulated lump sum. Perkins+Will retains the right to professionally photograph the project. Please refer to the attached
Standard Terms and Conditions Form and Hourly Rates. Out of pocket estimate not to exceed $ XX,XXX.
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2017 BILLABLE RATES
Classification Billable Rate *
Managing Principal $275.00
Design Principal $275.00
Programming Principal $275.00
Technical Principal $275.00
Senior Project Manager $225.00
Project Manager I $190.00
Senior Project Designer $210.00
Project Designer $135.00
Senior Project Architect/ID $210.00
Project Architect/ID $145.00
Senior Technical Coordinator $190.00
Technical Coordinator $135.00
Arch/ID I $100.00
Arch/ID II $110.00
Arch/ID III $120.00
Intern $ 90.00
Administrative/Clerical $ 80.00
REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by Perkins+Will and consultants related to a specific Project,as
identified below:
Transportation in connection with a specific Project
Reproductions, plots, postage,handling and delivery of Instruments of Service,courier service, FEDEX,etc.
Models,renderings or mock-ups requested.
The compensation for reimbursable expenses shall be computed as a multiplier of(1.10)times the expenses incurred by
Perkns+Will and consultants.
*Modifications to the billable rates shall occur annually on April 1. Increases shall not exceed 5%annually.
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F F and E Scope of Services
Perkins+Will shall provide services as specified in the Letter Agreement dated , between
Perkins+Will and City of Sunny Isles Beach and in accordance with the following F F and E Scope of
• Services unless otherwise stated in the Letter Agreement.
PROJECT SCOPE
We will select furniture and furniture systems as required, but our scope does not include actual
procurement of furniture. We will prepare information for and coordinate with the selected furniture
dealer. This scope includes the pre-selection of three (3) dealers that represent both exclusive and open
lines of furniture manufacturers for client evaluation. Please refer to the line item for F F and E services
listed on our Fee Proposal.
SCOPE OF SERVICES
Programming/Concept Phase
Identify standards, preferred vendors/dealers and purchasing agreements
Identify maintenance/cleaning requirements and standards
Identify end-users needs for FF&E-General outline
User Group Interviews for each Dept. for specific FF & E requirements
Document User Group Requirements
Coordinate with Initial Architectural layout studies-verify program fit of FF & E typicals
Client Review of FF & E scope of furniture and requirements
Review of program document and issue for approval
Incorporate client comments into final program document
Schematic Design Phase:
Develop organization for FF&E types
Develop preliminary concepts for FF&E
Review Architecture plans to coordinate FF&E
Develop layouts of Furniture based upon approved program and scope
Design Development Phase:
Select furniture, finishes and fabrics for each area/space type
Develop visual presentation of FF & E selections
Present design concepts to Owner for approval
Confirm that initial selections meet safety, durability, cleaning & Design concept, and LEED (if
required)
Prepare outline specifications for FF & E
A Ballpark Budget will be established at this point.
Document client input and recommended direction
Compile Cut sheets of each FF&E item (photos with dimensional information) with finish & fabric
samples from dealer
Present Design to client for approval
Document client input and final approval
Update Furniture Package including preliminary specifications
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Modify FF & E location plans based on Client Comments, if required
Issue final Design Dev. Package for signed approval
Construction Documents— Interior Fit-up Package:
Develop Detailed plans locating all FF&E
Select final proposal for FF&E & develop presentation for each space type
Select final proposal for fabrics and finishes. Develop presentation for each space type
With selected dealer, facilitate Cost information for FF&E and review product data sheets
Finalize, document all FF&E: locate & tag each piece of approved FF&E on plans (check elevations as
needed)
Finalize coordination of electrical, telecommunications with FF & E as required
Transmit Final Plans and Inventory Documentation to chosen dealer for implementation
Update Specifications for furniture with installation plan coordination if needed
Submit FF&E package to owner for final approval
Incorporate final owner comments in FF&E Contract Documents
Owner Purchasing/ Bidding
Review Vendors' Purchase Orders on Owner's behalf before procurement
Clarify quantity or product questions that may arise during procurement
Review/approve substitutions of products or finishes if required
Construction Administration/ Installation
Review progress as provided by vendor (s) of all FF&E/ material orders
Review shop drawings/samples to ensure conformance to the procurement documents
Provide field orders and sketches as required during furniture installation to adhere with the procurement
documents
Generate one FF&E Punch List from one site visit
The Client shall compensate Perkins + Will for professional services rendered in connection with this
specific project for the not to exceed amounts set forth above, except for additional services which are
outside the scope of this proposal which require prior written consent of the Client.
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Standard Exclusions / Additional Services
This scope and fee proposal does not include consultants beyond those described in the attached documents
related to basic services for programming and interior architecture and design and MEP efforts. Perkins + Will can
provide consultant services as an additional service if requested by the client; Please refer to our Standard
Exclusions/Additional Services. These services may include but are not limited to the following:
• Branding, Signage and Wayfinding
• Existing Conditions Survey
• Phased Permitting
• Change Management
• Graphic Design (Meta-graphics)
• Website design
• Custom loose Furniture Design (Built-in and millwork items are a basic service)
• Assistance in the preparation of an art program, including multi-media artists
• Extra field visits beyond bi-weekly visits
• Selection of loose accessories, such as desk pads, desk organizers, bathroom accessories, etc.
• Revisions to approved Schematic Design beyond that specified herein, (other than minor
modifications)
• Revisions to approved Design Development beyond that specified herein, (other than minor
modifications)
• Revisions to approved Construction Documents
• Preparation of Contract Documents for extensive alternate pricing, repricing, or review of more
than one price from the contractors, manufacturers, or dealers
• Providing professional services made necessary by the default of the contractor or by major defects
in the work
• Providing a field survey and preparation of documents and drawings of existing interior conditions
• Specialty Custom Lighting
• Architectural Lighting Design Consulting Services
• Visualization and Animation: Photorealistic renderings
• Field-dimensioning/as-built drawings
• LEED documentation and registration
• Commissioning
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• Cost Estimating
• Permitting/ Expediting
• Kitchen Equipment Consultant
• Mock-up coordination, documentation and client review
• Travel related expenses to manufacturers
• Landlord —Tenant Lease negotiations
• Any other services that may be authorized by Client.
Services required and requested by the Client which are outside the scope of this proposal will be billed
hourly or as mutually agreed. See Billable Rates attached. Fees for additional services can be defined with
the client prior to the start of the project.
The Client shall compensate Perkins+ Will for professional services rendered in connection with this
specific project for the not to exceed amounts set forth in the proposal, except for additional services
which are outside the scope of this proposal which require prior written consent of the Client.
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Standard Terms and Conditions
Perkins+Will Architects, Inc. shall provide services as specified in the Letter Agreement dated between
Perkins+Will and The City of Sunny Isles Beach, and in accordance with the following Standard Terms and
Conditions unless otherwise stated in the Letter Agreement.
STANDARD OF CARE
Perkins+Will shall perform its services consistent with the professional skill and care ordinarily provided by architects,
interior designers, or planners (depending upon the scope of services performed) practicing in the same or similar
locality under the same or similar circumstances. Perkins+Will makes no further representation or warranty or
guarantee (and none shall be implied by conduct) as to its services, or those of its consultants.
INVOICING AND PAYMENT POLICY
Payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon
presentation of Perkins+Will's invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the legal
rate prevailing from time to time at the principal place of business of Perkins+Will. All invoices for fees and expenses
must be paid in full prior to the release of deliverables, including permit documents, prepared in final form as a
consequence of the professional services rendered and invoiced.
Additional Services are services not included in Perkins+Will's Basic Services scope but may be required for the
Project. Additional services shall arise when the Client materially modifies any initial information provided to
Perkins+Will in relation to the Services to be provided, or where the Client directs changes to Services previously
provided, or where modifications are otherwise required for reasons outside of the control of Perkins+Will.
Perkins+Will shall provide such Additional Services only if mutually agreed upon by Perkins+Will and Client, and
Client shall compensate Perkins+Will either at the hourly rates indicated in the Letter Agreement or for a mutually
agreed upon fixed fee.
Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses
incurred by Perkins+Will and Perkins+Will's consultants directly related to the Project. Reimbursable Expenses shall
be charged to the Client at cost plus 10%of the expense incurred.
Within the time for payment to become due, the Client shall examine the invoice for accuracy and completeness with ,
respect to the performance of services during the invoiced time period. The Client shall raise any questions or
objections which it may have regarding the services performed, the format of or information on the invoice within the
time for payment coming due, and will pay any undisputed amounts.
Compensation amounts proposed in the Letter Agreement are valid for thirty (30) days, after which time they are
subject to re-evaluation. Hourly rates are subject to annual adjustment.
CLIENT INFORMATION
The Client shall furnish the services of geotechnical engineers, site surveys, environmental surveys, hazardous
materials, and other tests, inspections, and reports if reasonably requested by Perkins+Will.
Following its good faith evaluation of the information provided, Perkins+Will shall be entitled to rely on the accuracy
and completeness of services and information furnished by the Client and the Client's consultants as well as upon the
implied representation that Perkins+Will may incorporate any documents, graphics, information, and data (in whole
or in part) provided by the Client and the Client's consultants into the Instruments of Service without infringing upon
the intellectual property rights of any third party. Perkins+Will shall provide prompt written notice to the Client if
Perkins+Will becomes aware of any error, omission or inconsistency in such services or information.
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Verification of existing conditions and dimensions, if provided, is based on access to visible elements and is not
intended to be exhaustive or incontestable. Rather, such verification is intended to confirm the general limits of
existing spaces for planning purposes only.
HAZARDOUS MATERIALS
Perkins+WilI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of
persons to, hazardous materials or toxic substances in any form at the Project site.
Unless otherwise disclosed and arranged for disposal, the Client represents to Perkins+Will that, to the best of the
Client's knowledge and belief, no hazardous or toxic substances within the meaning of any applicable statute or
regulation are presently stored, or otherwise located on the Project site, or adjacent thereto. Further, within the
definition of such statutes or regulations, no part of the Project site, including the ground water located thereon, is
presently contaminated with such substances.
CONTRACTOR MEANS & METHODS
The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect
be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract
Documents.
SUSPENSION AND TERMINATION
If the Client fails to make payments to Perkins+Will in accordance with this Agreement, Perkins+Will may suspend
its services under this Agreement. If Perkins+Will elects to suspend services, Perkins+Will shall give 7 days' written
notice to the Client before suspending services. Perkins+Will shall have no liability to the Client for delay or damage
caused the Client because of such suspension of services. Before resuming services, Perkins+Will shall be paid all
sums due prior to suspension and any expenses incurred in the interruption and resumption of Perkins+Will's services.
Perkins+Will's fees for the remaining services and the time schedules shall be equitably adjusted.
This Agreement may be terminated by either Party by giving written notice at least thirty (30) days prior to the date
of termination. In the event of such termination, the Client shall pay Perkins+Will for services performed and
Reimbursable Expenses incurred through date of termination, unless otherwise agreed upon by both Parties.
COPYRIGHT AND LICENSING
Perkins+Will and Perkins+Will's consultants shall be deemed the authors and owners of their respective Instruments
of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation
of the reserved rights of Perkins+Will and Perkins+Will's consultants.
Upon execution of this Agreement, Perkins+Will grants to the Client a nonexclusive license to use Perkins+Will's
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to
the Project, provided that the Client substantially performs its obligations, including prompt payment of all sums when
due, under this Agreement. Perkins+Will shall obtain similar nonexclusive licenses from Perkins+Will's consultants
consistent with this Agreement.The license granted under this section permits the Client to authorize the Contractor,
Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Client's consultants and
separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in
performing services or construction for the Project. If Perkins+Will rightfully terminates this Agreement for cause, the
license granted in this Section shall terminate.
In the event the Client uses the Instruments of Service without retaining the author of the Instruments of Service, the
Client releases Perkins+Will and Perkins+WiII's consultant(s) from all claims and causes of action arising from such
uses. The Client, to the extent permitted by law, further agrees to indemnify and hold harmless Perkins+Will and its
consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted
by any third person or entity to the extent such costs and expenses arise from the Client's use of the Instruments of
Service under this Section. The terms of this Section shall not apply if the Client rightfully terminates this Agreement
for cause.
Perkins+Will shall have the right to include photographic or artistic representations of the design of the Project among
the Perkins+Will's promotional and professional materials. Perkins+Will shall be given reasonable access to the
completed Project for such photo documentation. However, Perkins+Will's materials shall not include the Client's
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confidential or proprietary information if the Client has previously advised Perkins+Will in writing of the specific
information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for
Perkins+Will in the Client's promotional materials for the Project.
DISPUTE RESOLUTION
The parties shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,
unless the parties mutually agree otherwise, shall be under the auspices of a recognized, neutral, third-party
professional mediation service experienced in handling construction disputes, or other mediation method or service
acceptable to the parties, prior to undertaking any other dispute resolution action. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,
unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
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If the parties do not resolve a dispute through mediation, the method of binding dispute resolution shall be litigation
in a court of competent jurisdiction.
Perkins+Will and Client waive consequential damages for claims, disputes or other matters in question arising out of
or relating to this Agreement. This mutual waiver includes, without limitation, damages incurred by the Client for
rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or
employee productivity or the services of such persons.
LIMITATION OF LIABILITY
The Client acknowledges that Perkins+Will and its consultants are limited liability entities and agrees that any claim
made by it arising out of any act or omission of any director, officer, or employee of Perkins+Will, or its consultants,
in the execution or performance of the Agreement, shall be made against the entity and not against any of their
individual directors, officers, or employees.
For Projects Located in Florida Only: PURSUANT TO FLORIDA STATUTES
SECTION 558.0035(1)(C), AN INDIVIDUAL, EMPLOYEE, OR AGENT MAY
NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE OCCURRING
WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT.
To the fullest extent permitted by law, the total liability in the aggregate, of Perkins+Will and Perkins+Will's officers,
directors, employees, agents, and independent professional associates, and any of them, to Client and any one
claiming by, through or under Client, for any and all injuries,claims, losses, expenses, or damages whatsoever arising
out of or in any way related to Perkins+Will's services, the project, or this Agreement, from any cause or causes
whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract,
misrepresentation, or breach of warranty of Perkins+Will or Perkins+Will's officers, directors, employees, agents or
independent professional associates,or any of them,shall not exceed the total compensation received by Perkins+Will
under this Agreement, or the sum of$100,000, whichever is the lesser.
No person or entity other than Client is intended to be a beneficiary of Perkins+Will's services under this Agreement.
FORCE MAJEURE
Perkins+Will shall not be liable for failure to perform the contract or meet any schedule of performance of services to
the extent that any delay or impediment arises from causes beyond the control and without the fault or negligence of
Perkins+Will. Examples of such causes include but are not limited to, acts of God or of the public enemy,acts of the
Client or third parties,fires,floods, pandemics or epidemics, quarantine restrictions,strikes or labor actions, boycotts,
freight embargoes, and unusually severe weather.
INTEGRATION
This Agreement is the integrated understanding of the Client and Perkins+Will and all prior understandings or
undertakings, whether verbal or in writing regarding the subject matter of this Agreement are superseded by this
Agreement. Any modification to this Agreement must be in the form of a writing subscribed to by both parties,
including by an exchange of electronic communications expressly containing the agreement to the modification by
both parties.
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P E R K I N S + WILL SCOPE AND FEE PROPOSAL
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March 3, 2018
Revised
Mr. Christopher Russo
City Manager, City of Sunny Isles Beach
Ms. Claudia C. Hasbun, AICP
Planning and Zoning Director
City of Sunny Isles Beach
Sunny Isles Beach Government Center
City Clerk,
18070 Collins Avenue
4th Floor
Sunny Isles Beach, FL 33160
Via e-mail:
chasbun@sibfl.net; crusso@sibfl.net
Re: Scope and Fee Proposal for Government Center Lobby Improvements
Dear City Clerk,
Thank you for the opportunity to present this proposal regarding the improvements to the City of Sunny Isles Beach
Government Center's Lobby and Visitor Center. At Perkins+Will we believe that great designs come from great
purpose and inspiration.
People are at the core of our Corporate, Commercial, and Civic practice —our award-winning designs improve
quality of life by responding to individual and societal needs. Efficient, creative, and highly sustainable, the civic
spaces we design reflect the identity and needs of its community and become catalysts for change.
We strive to create inspiring spaces that become an integral part of their larger social, cultural, environmental, and
global context. We support our clients' unique drivers and, while being deeply attuned to the physical and mental
wellbeing of employees. Our planning and designs, larger scale or small, create magnetic and memorable spaces,
while reviving urban districts. In addition, all of our designs aim to reflect local context, while projecting global
relevance.
We are extremely pleased to present this proposal based on the scope for Interior Design and associated consultant
services, as discussed during our walk-thru on May 3rd, 2017 and per the feedback received regarding scope in the
June 7, 2017 email and per the information provided in the Request for Qualifications No. 17-120-0. This document,
upon approval and signature, will serve as an agreement in understanding pending development of a formal
agreement, which will be executed with an AIA 8152-2007 Agreement. See draft template attached.
PROJECT SCOPE
This specific project scope anticipates the Interior Design of selective areas being remodeled within the existing
Lobby and Visitor Center located on the Ground Floor of the Government Center. The following professional design
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services scope and fee proposal outlines a proposed schedule for the design of the project, client review and approval
and permitting by authorities having jurisdiction.
Our project understanding includes the following:
A. Lobby
Selectively demolish existing security desk and credenza.
Design of new millwork and partial height safety glass partitions to capture more space for a second safety
glass enclosed workstation and provide additional storage.
New door.
New free-standing glass partitions are not to seem divisive to a visitor. The goal is to maintain the current
Sunny Isles Beach City Government intent of having a welcoming center to the public, while allowing the
staff to have an increased sense of protection.
Provide additional millwork storage as possible, and hide printers from visitor's view.
New reception desks for two (2) staff persons. Sit-to-stand (adjustable height) desks preferred..
Consider location existing AV screen and spec of existing UV machine.
Relocate power, data and telecom and security as required.
Mechanical System: with our consultants (BR+A) +ESI) assess current odor situation and possible causes:
poor ventilation, fresh air intake, humidity levels, filters, possible mold and mildew in ductwork.
Existing ceiling soffits and lighting to remain.
No changes to Fire Protection systems.
City of Sunny Isles Beach Scale Model Display:
New pedestal display for existing model with slightly slanted installation (to avoid visitors from leaving
cups.) Re-use existing acrylic cover: coordinate with original model fabricator to polish / buff scratches.
Include in pricing scope documents the removal of existing model pedestal.
Design new permanent "Please Do Not Touch" Sign.
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Cultural Master Plan: Art Display
Explore solutions to add to the inside of the existing NOA storefront glass system six (6) custom designed
art display vitrines. Ideally double sided, vitrines would be accessible and lockable from the Lobby side.
(Note: weight and size restrictions will need to be provided to artists for commissioned work)
Explore flexible art display hardware within vitrine and non-glare acrylic or glass for inside face of vitrine.
Explore electrical solution with minimal impact for vitrines to have integral LED lighting, remote
transformers and required ventilation.
Relocate the existing "Notices" to storefront section near the meeting room. Coordinate the replacement
of NOA approved glass to match existing.
Indoor Plants:
Propose new locations and new planter design to be materially aligned to new model base and reception
desk. (4)
B. Visitor Center:
Create display zone for The Sister City Display, which is now 4 and will become 6 in the future. Actual
Display TBD.
Relocate fire alarm (minor shift up) TBD
Provide wall elevations layout for Framed Posters Display, which more need to be framed and added to
Visitor Center. TBD
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The scope of.the proposed interior alteration does not impact egress or life safety or changes in use.
This scope and fee proposal will cover the design through construction document phases of the project and will
include consultants for Mechanical, Electrical and Telecommunications.
SCOPE OF SERVICES
Step One: Program Verification /Confirmation of Existing Conditions
We will review with the client the final scope based on the description above. We will do one site visit to verify
and confirm that the existing conditions (architectural, mechanical, electrical, TEL) are in general conformance
with the drawings provided by the client. We will develop preliminary a space plan layout using the information
gathered during program verification.
Concept/ Schematic Design:
The primary goal of this phase is to arrive at a clearly defined design planning solution that achieves the owner's
objectives for the proposed project using the client-approved program and to communicate that solution in a
manner that results in the client's understanding and acceptance of the design. The team prepares a plan and
concept inspiration images to help visualize the project as necessary while exploring the most promising design
solutions, in accordance with the owner's budget and the pertinent building codes and regulations. The Schematic
Design package will include drawings and engineering scope narrative based on the site walk-thru and review of
as-builts electrical and data drawings. At this phase, we will prepare one presentation to the Commission,
including in-house color rendering from our Revit 3D model. With feedback from a general contractor, we will also
provide an order of magnitude cost estimate for preliminary review. The project will proceed to the next phase
when the owner approves the schematic design. Includes one round of minor revision.Additional program or scope
and or revisions to layout will be billed as additional services.
Design Development:
Based on the client-approved Schematic Design, the primary goal of this phase is to produce a comprehensive
description of the design, so an order of magnitude price can be provided by a fabricator and General Contractor,
or estimator. This includes floor plans, interior elevations, and details including materials, finish and profiles.
The basic design systems, including, mechanical, electrical and fire protection, should be well defined and
coordinated. The project will proceed to the next phase with the client's agreement that the design as documented
is complete and the project is ready to proceed to the next phase. Includes one minor revision. Additional program
and or layout revisions will be billed as additional services. Note: at this point the design has been developed as
a parametric 3D model, so changes to previously approved layout impact the project schedule.
Construction Documents:
The construction document phase includes the final development of the specifications and the detailed drawings
required to permit, bid and build the project. The work of this phase leads to the specific coordination of
specifications and detailed drawings that clearly communicate the materials, parts, and assemblies that achieve
the design intent and budget of the project. Preparation of a complete set of construction documents developed
from the client approved Design Development set. The Construction Documents will be sufficient for complete
and accurate pricing, permit submission and construction of the intended building. Documents shall be complete,
thorough and well-coordinated between consultants and disciplines. The project will proceed into the bidding,
negotiation and construction with the owner's agreement that the documentation is complete.
Bidding and Negotiation /Permitting:
We will issue a permit set and will respond to any necessary comments through all required disciplines
including but not limited to Miami-Dade County, DERM and other agencies.
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P +W understands that the City will solicit bids from prequalified contractors and identify long lead time items.
Our team will respond to questions raised concerning the documents (RFI's.) We will answer questions from
bidding contractors and develop any addenda drawings to address the questions as required.. We will attend
General Contractor bid review meetings as requested. This phase includes two (2) meetings. Additional meetings,
-Permitting duration, or scope beyond that specified herein will be billed hourly:
We recommend the client hires a plans expediter to assist in the processing of permits.
Construction Administration:
The primary goal of this phase of the project is to provide information, direction and assistance to the owner and
constructor that reinforces and clarifies the design intent set forth in the contract documents, both in the field
and in the review of submittals. Additionally, the architect's role as the owner's advocate is exercised through
field observations, submittal review, changes to the work and review of constructor Payment Applications. We
will review and approve required shop drawings, samples, product information, as required to facilitate
completion of the project. Review period to be within 2 weeks for any single submission.
We will visit and walk the premises or the fabricator's shop, if located in South Florida, and as required during
construction as to monitor progress of the work and verify that work is proceeding in accordance with the
contract documents. These Construction Administration visits will be a maximum of 1 visit every 2 weeks for the
duration of construction/fabrication, and one (1) Punch List review.
Our team will prepare periodic field reports as necessary, and review and process the contractor's application for
payment. Additional meetings listed above, extended CA duration, or CA scope beyond that specified herein will be
billed hourly.
P+W understands that the majority of the fabrication /construction will be done off-site. Installation work to be done
during off-hours, over the course of one or two or three weekends if possible. For example: Reception Desk area, art
vitrines, city model and Visitor Center as different weekend installations if this reduces disruption to the Lobby and
Visitor Center and Library. Temporary security desk may be needed. Power, data, telecom and CCTV to be carefully
coordinated.
At the end of this phase, the architect assists in the Project Close-out as a means of transferring ownership of
the project from the constructor to the owner.
This Construction Administration fee assumes a total 8 weeks for fabrication and construction.
F F and E
If required at a later date, our team will select furniture and prepare information for and coordinate with the
selected furniture dealer. This scope will be billed hourly not to exceed an agreed upon amount.
Additional Services and Consultants:
This scope and fee proposal does not include consultants beyond those described in the attached documents
related to basic services for programming and interior architecture and design and structural / MEP efforts. Perkins
+Will can provide consultant services as an additional service if requested by the client; these services may
include but are not limited to the items listed on the Standard Exclusions/Additional Services Form attached.
Services required and requested by the Client which are outside the scope of this proposal will be billed hourly or
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as mutually agreed. See Billable Rates attached for Perkins+Architects, Inc. See Engineer and Consultants rates.
attached. Fees for additional services can be defined with the client prior to the start of the project.
CLARIFICATIONS /ASSUMPTIONS
• Our proposal is valid for 30 days.
• We assume the Client will provide IT standards and equipment requirements for workstations and Audio
Visual specifications for Security Workstations
• We assume the Client will provide security and surveillance standards (including CCTV ) and requirements
and P+W and its consultants will coordinate with the vendor currently under warrantee and maintenance
agreement.
• Client Review period to be within 1 week for any single submission. Subsequent Client presentations above
and beyond listed below per phase are an additional service.
• The Architect will be responsible for hiring and managing the Mechanical, Electrical, Plumbing, Fire
Protection Engineers and Telecommunications
• Architect will work closely with the client's consultants, Construction Manager and Furniture Dealership.
• The maximum number of meetings are detailed in this scope and fee proposal per Phase.
• This scope and fee proposal is for Interior Architecture and Interior Design efforts only and does not
include any scope or efforts outside of the space. Our fees within this proposal for design time and
meetings are within the schedule provided by the client and limited to those timeframes; if these
timeframes are extended because of client review and approvals, then the schedule will extend accordingly
and additional services may be incurred.
• Our proposal reflects a 5 business day Client review period at the end of each design phase or as required
by the project schedule, and meetings in order to facilitate design decisions to allow for the project
schedule.
• Our proposal does not take into account any remobilization effort for project stops of more than 30
calendar days.
INFORMATION FROM OWNER
• The Client will provide information from the client's direct consultants, including but not limited to, IT and
AV consultant and security consultant, in a timely manner to enable the design team to properly plan for
those elements within the project.
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• Client will provide a City of Sunny Isles Beach logo vector files, including logo lock up and branded colors
(PMS, RBG and CMYK)
• If not currently available to P+W, Client will provide most current Revit files or AutoCad dwg files will be
acceptable. For Architectural and Engineering Drawings. If CAD files not available, PDFs or scanned copies
of hardcopy drawings will be required.
SCHEDULE
Existing Conditions Verifications and Drawing Documentation 1 week
Concept/ Schematic Design 3 weeks
Commission Approval 4 weeks (TBD)
Client Review and Approval of Design and Cost 2 week (TBD)
Design Development 3 weeks
Client Review and Approval of Design and Cost 2 week
Construction Documents/ Permit Set 4 weeks
Total Design and Documentation Schedule 11 weeks
Estimated Commission Review and Client Approval Schedule 8 weeks TBD
Bidding TBD
Client Review and Approval of Design and Cost (final before permit) 4 weeks TBD
Permitting (Estimate) 8 weeks
Construction (Estimate) 8-12 weeks
Bidding and Permitting could overlap
(Includes off-site fabrication and long lead time items)
Please review the above Schedule. We have added weeks to certain phases per the email received June 7, 2017. If
our understanding is accurate, we will provide an updated Project Schedule.
Note:
It is understood that the schedule for owner's review and permitting through respective municipal entities, and
construction schedule of the TI work is beyond our control.
TEAM ORGANIZATION
The team for the Sunny Isles Beach Government Center Improvements will include Lawrence Kline who will serve as
the Managing Principal, Elina Cardet as Design Principal in Charge, Carlos Chui as Architect of Record, Gia Zapattin
as Project Designer, Carlos Vilato as Senior Project Architect, the expanded design team and associated local
consultants delivering a complete Interiors and Engineering design set of documents to the Client.
MEETING SCHEDULE
Based on the proposed design schedule described above, we have assumed a certain number of meetings and
presentations calculated into our fee, not including coordination meetings with engineering consultants. Meetings
can be in person or via Skype:
Programming and Site Verification 1 Meeting w/the client
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Concept/Schematic Design 1 Meeting w/the client
Design Presentation to Commission 1 Meeting w/the client
Design Development 1 Meeting w/the client
Review and Approval of Design and Cost 1 Meeting w/the client
Construction Documents - 2 Meeting w/the client
Review and Approval of Design and Cost (final before permit) 1 Meeting w/the client
Construction Administration G OAC meetings/ 1 Punch list
BUDGET AND SCHEDULE
We understand the construction budget for this project has yet to be established; Pewrkins+Will will collaborate with
the selected contractor and fabricator through bidding, permitting and construction administration. Perkins+Will will
collaborate with the City to define the project schedule and most convenient timeframe for installation as to avoid
disruption to the users.
FEES AND EXPENSES
The proposed fees by phase include:
Architecture and Interior Design by Phase Fee
Programming and Site Verification /Planning/ BIM model $2,000
Concept/Schematic Design $7,000
Design Development $7,000
Construction Documents $7,000
Bidding and Permitting $2,000
Construction Administration $7,200
Interior Architecture and Design Subtotal $32,200
Engineering and Consultants (See attached proposal for reference) Fee
Mechanical, Electrical, Plumbing, and
Telecommunications Engineering - $9,500
P+W Consultant Coordination Fee (10%) $ 950
(Refer to BR+A & ESI proposal attached for reference)
Engineering Consultants Subtotal $10,450
Total Professional design services fee $42,650
STANDARD TERMS AND CONDITIONS
The Client shall compensate Perkins+ Will for professional services rendered in connection with this specific project for
the stipulated lump sum. Perkins+Will retains the right to professionally photograph the project.
Please refer to the attached Standard Terms and Conditions Form and Hourly Rates.
INFORMATION FROM CLIENT
The scope of services requires all core and shell building and program information be provided in order to start the
project; this information includes a client-approved program along with Architectural and Engineering REVIT/AS-
built files of the building. If any specific desires or standards exist beyond the basic building codes enforced by
the Authorities Having Jurisdiction, those will also need to be provided as well by the client.
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Additionally the owner will provide information from the owner's direct consultants in a timely manner to enable
the design team to properly plan for those elements within the project.
CONCLUSION
If after review of this proposal you have any questions or need any other information to authorize proceeding, please
let us know. The last page of this proposal includes a signature page for your acceptance and authorization for
these services. Return of an authorization will enable Perkins+Will to commence the project.
We look forward to the opportunity of working with you and your team at The City of Sunny Isles Beach on this
exciting project; please let us know if any additional information or clarification is required, or if there items that
we should add or delete from the scope of work.
Regards,
Elina Cardet, Associate AIA
Design Director, Interiors
Associate Principal
Cc. Lawrence Klein, Carlos Chui
Perkins + Will Architects, Inc.
ACCEPTED: •
SIGNATURE:
DATE: February 15, 2018 Revised March 3, 2018
Mr. Christopher Russo, City Manager,
City of Sunny Isles Beach
ACCEPTED:
SIGNATURE:
DATE:
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2017 BILLABLE RATES
Classification Billable Rate *
Managing Principal $275.00
Design Principal $275.00
Programming Principal $275.00
Technical Principal $275.00
Senior Project Manager $225.00
Project Manager I $190.00
Senior Project Designer $210.00
Project Designer $135.00
Senior Project Architect/ID $210.00
Project Architect/ID $145.00
Senior Technical Coordinator $190.00
Technical Coordinator $135.00
Arch/ID I $100.00
Arch/ID II $110.00
Arch/ID III $120.00
Intern $ 90.00
Administrative/Clerical $ 80.00
REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by Perkins+Will and consultants related to a specific Project,as
identified below:
Transportation in connection with a specific Project
Reproductions, plots, postage, handling and delivery of Instruments of Service,courier service, FEDEX,etc.
Models,renderings or mock-ups requested.
The compensation for reimbursable expenses shall be computed as a multiplier of(1.10)times the expenses incurred by
Perkns+Will and consultants.
*Modifications to the billable rates shall occur annually on April 1. Increases shall not exceed 5%annually.
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Standard Exclusions / Additional Services
This scope and fee proposal does not include consultants beyond those described in the attached documents
related to basic services for programming and interior architecture and design and MEP efforts. Perkins + Will can
provide consultant services as an additional service if requested by the client; Please refer to our Standard
Exclusions/Additional Services. These services may include but are not limited to the following:
• Branding, Signage and Wayfinding
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• Existing Conditions Survey
• Phased Permitting
• Change Management
• Graphic Design (Meta-graphics)
• Website design
• Custom loose Furniture Design (Built-in and millwork items are a basic service)
• Assistance in the preparation of an art program, including multi-media artists
• Extra field visits beyond bi-weekly visits
• Selection of loose accessories, such as desk pads, desk organizers, bathroom accessories, etc.
• Revisions to approved Schematic Design beyond that specified herein, (other than minor
modifications)
• Revisions to approved Design Development beyond that specified herein, (other than minor
modifications)
• Revisions to approved Construction Documents
• Preparation of Contract Documents for extensive alternate pricing, repricing, or review of more
than one price from the contractors, manufacturers, or dealers
• Providing professional services made necessary by the default of the contractor or by major defects
in the work
• Providing a field survey and preparation of documents and drawings of existing interior conditions
• Specialty Custom Lighting
• Architectural Lighting Design Consulting Services
• Visualization and Animation: Photorealistic renderings
• Field-dimensioning/as-built drawings
• LEED documentation and registration
• Commissioning
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• Cost Estimating
• Permitting/ Expediting •
• Kitchen Equipment Consultant
• Mock-up coordination, documentation and client review
• Travel related expenses to manufacturers
• Landlord —Tenant Lease negotiations
• Any other services that may be authorized by Client.
Services required and requested by the Client which are outside the scope of this proposal will be billed
hourly or as mutually agreed. See Billable Rates attached. Fees for additional services can be defined with
the client prior to the start of the project.
The Client shall compensate Perkins + Will for professional services rendered in connection with this
specific project for the not to exceed amounts set forth in the proposal, except for additional services
which are outside the scope of this proposal which require prior written consent of the Client.
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Coral Gables,FL 33134 perkinswill.com
AA-0000180
PERKINS +WILL
Standard Terms and Conditions
Perkins+Will Architects, Inc. shall provide services as specified in the Letter Agreement dated between
Perkins+Will and The City of Sunny Isles Beach, and in accordance with the following Standard Terms and
Conditions unless otherwise stated in the Letter Agreement.
STANDARD OF CARE
Perkins+Will shall perform its services consistent with the professional skill and care ordinarily provided by architects,
interior designers, or planners (depending upon the scope of services performed) practicing in the same or similar
locality under the same or similar circumstances. Perkins+Will makes no further representation or warranty or
guarantee (and none shall be implied by conduct) as to its services, or those of its consultants.
INVOICING AND PAYMENT POLICY
Payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon
• presentation of Perkins+Will's invoice. Amounts unpaid 30 days after the invoice date shall bear interest at the legal
rate prevailing from time to time at the principal place of business of Perkins+Will.All invoices for fees and expenses
must be paid in full prior to the release of deliverables, including permit documents, prepared in final form as a
consequence of the professional services rendered and invoiced.
Additional Services are services not included in Perkins+Will's Basic Services scope but may be required for the
Project. Additional services shall arise when the Client materially modifies any initial information provided to
Perkins+Will in relation to the Services to be provided, or where the Client directs changes to Services previously
provided, or where modifications are otherwise required for reasons outside of the control of Perkins+Will.
Perkins+Will shall provide such Additional Services only if mutually agreed upon by Perkins+Will and Client, and
Client shall compensate Perkiris+Will either at the hourly rates indicated in the Letter Agreement or for a mutually
agreed upon fixed fee.
Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses
incurred by Perkins+Will and Perkins+Will's consultants directly related to the Project. Reimbursable Expenses shall
be charged to the Client at cost plus 10%of the expense incurred.
Within the time for payment to become due,the Client shall examine the invoice for accuracy and completeness with
respect to the performance of services during the invoiced time period. The Client shall raise any questions or
objections which it may have regarding the services performed, the format of or information on the invoice within the
time for payment coming due, and will pay any undisputed amounts.
Compensation amounts proposed in the Letter Agreement are valid for thirty (30) days, after which time they are
subject to re-evaluation. Hourly rates are subject to annual adjustment.
CLIENT INFORMATION
The Client shall furnish the services of geotechnical engineers, site surveys, environmental surveys, hazardous
materials, and other tests, inspections, and reports if reasonably requested by Perkins+Will.
Following its good faith evaluation of the information provided, Perkins+Will shall be entitled to rely on the accuracy
and completeness of services and information furnished by the Client and the Client's consultants as well'as upon the
implied representation that Perkins+Will may incorporate any documents, graphics, information, and data (in whole
or in part) provided by the Client and the Client's consultants into the Instruments of Service without infringing upon
the intellectual property rights of any third party. Perkins+Will shall provide prompt written notice to the Client if
Perkins+Will becomes aware of any error, omission or inconsistency in such services or information.
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AMERICAS I ASIA I EUROPE I MIDDLE EAST I AFRICA
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PERKINS+WILL
Verification of existing conditions and dimensions, if provided, is based on access to visible elements and is not
intended to be exhaustive or incontestable. Rather, such verification is intended to confirm the general limits of
existing spaces for planning purposes only.
HAZARDOUS MATERIALS
Perkins+Will shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of
persons to, hazardous materials or toxic substances in any form at the Project site.
Unless otherwise disclosed and arranged for disposal, the Client represents to Perkins+Will that, to the best of the
Client's knowledge and belief, no hazardous or toxic substances within the meaning of any applicable statute or
regulation are presently stored, or otherwise located on the Project site, or adjacent thereto. Further, within the
definition of such statutes or regulations, no.part of the Project site, including the ground water located thereon, is
presently contaminated with such substances.
CONTRACTOR MEANS & METHODS
The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect
be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract
Documents.
SUSPENSION AND TERMINATION
If the Client fails-to make payments to Perkins+Will in accordance with this Agreement, Perkins+Will may suspend
its services under this Agreement. If Perkins+Will elects to suspend services, Perkins+Will shall give 7 days' written
notice to the Client before suspending services. Perkins+Will shall have no liability to the Client for delay or damage
caused the Client because of such suspension of services. Before resuming services, Perkins+Will shall be paid all
sums due prior to suspension and any expenses incurred in the interruption and resumption of Perkins+Will's services.
Perkins+Will's fees for the remaining services and the time schedules shall be equitably adjusted.
This Agreement may be terminated by either Party by giving written notice at least thirty(30) days prior to the date
of termination. In the event of such termination, the Client shall pay Perkins+Will for services performed and
Reimbursable Expenses incurred through date of termination, unless otherwise agreed upon by both Parties.
COPYRIGHT AND LICENSING
Perkins+Will and Perkins+Will's consultants shall be deemed the authors and owners of their respective Instruments
of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation
of the reserved rights of Perkins+Wil! and Perkins+Will's consultants.
Upon execution of this Agreement, Perkins+Will grants to the Client a nonexclusive license to use Perkins+Will's
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to
the Project, provided that the Client substantially performs its obligations, including prompt payment of all sums when
due, under this Agreement. Perkins+Will shall obtain similar nonexclusive licenses from Perkins+Will`s consultants
consistent with this Agreement. The license granted under this section permits the Client to authorize the Contractor,
Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Client's consultants and
separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in
performing services or construction for the Project. If Perkins+Will rightfully terminates this Agreement for cause, the
license granted in this Section shall terminate.
In the event the Client uses the Instruments of Service without retaining the author of the Instruments of Service, the
Client releases Perkins+WiII and Perkins+Will's consultant(s) from all claims and causes of action arising from such
uses. The Client, to the extent permitted by law, further agrees to indemnify and hold harmless Perkins+Will and its
consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted
by any third person or entity to the extent such costs and expenses arise from the Client's use of the Instruments of
Service under this Section. The terms of this Section shall not apply if the Client rightfully terminates this Agreement
for cause.
Perkins+Will shall have the right to include photographic or artistic representations of the design of the Project among
the Perkins+Will's promotional and professional materials. Perkins+Will shall be given reasonable access to the
completed Project for such photo documentation. However, Perkins+Will's materials shall not include the Client's
perkinswill.com
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PERKINS+WILL -
confidential or proprietary information if the Client has previously advised Perkins+Will in writing of the specific
information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for
Perkins+Will in the Client's promotional materials for the Project.
DISPUTE RESOLUTION
The parties shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,
unless the parties mutually-agree otherwise, shall be under the auspices of a recognized, neutral, third-party
professional mediation service experienced in handling construction disputes, or other mediation method or service
acceptable to the parties, prior to undertaking any other dispute resolution action. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,
unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof:
If theparties do not resolve a dispute through mediation, the method of binding dispute resolution shall be litigation
in a court of competent jurisdiction.
Perkins+Will and Client waive consequential damages for claims, disputes or other matters in question arising out of
or relating to this Agreement. This mutual waiver includes, without limitation, damages incurred by the Client for
rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or
employee productivity or the services of such persons.
LIMITATION OF LIABILITY
The Client acknowledges that Perkins+Will and its consultants are limited liability entities and agrees that any claim
made by it arising out of any act or omission of any director, officer, or employee of Perkins+Will, or its consultants,
in the execution or performance of the Agreement, shall be made against the entity and not against any of their
individual directors, officers, or employees.
For Projects Located in Florida Only: PURSUANT TO FLORIDA STATUTES
SECTION 558.0035(1)(C), AN INDIVIDUAL, EMPLOYEE, OR AGENT MAY
NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE OCCURRING
WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT.
• To the fullest extent permitted by law, the total liability in the aggregate, of Perkins+Will and Perkins+Will's officers,
directors, employees, agents, and independent professional associates, and any of them, to Client and any one
claiming by, through or under Client, for any and all injuries,claims, losses, expenses, or damages whatsoever arising
out of or in any.way related to Perkins+Will's services, the project, or this Agreement, from any cause or causes
whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract,
misrepresentation, or breach of warranty of Perkins+Will or Perkins+Will's officers, directors, employees, agents or
independent professional associates,or any of them,shall not exceed the total compensation received by Perkins+Will
under this Agreement, or the sum of$100,000, whichever is the lesser.
No person or entity other than Client is intended to be a beneficiary of Perkins+Will's services under this Agreement.
FORCE MAJEURE
Perkins+Will shall not be liable for failure to perform the contract or meet any schedule of performance of services to
the extent that any delay or impediment arises from causes beyond the control and without the fault or negligence of
Perkins+Will. Examples of such causes include but are not limited to, acts of God or of the public enemy,acts of the
Client or third parties,fires,floods, pandemics or epidemics,quarantine restrictions,strikes or labor actions, boycotts,
freight embargoes, and unusually severe weather.
INTEGRATION
This Agreement is the integrated understanding of the Client and Perkins+Will and all prior understandings or
undertakings, whether verbal or in writing regarding the subject matter of this Agreement are superseded by this
Agreement. Any modification to this Agreement must be in the form of a writing subscribed to by both parties,
including by an exchange of electronic communications expressly containing the agreement to the modification by
both parties.
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PERKINS + WILL
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806 Douglas Road
Suite 300
Coral Gables, FL 33134
perkinswill.com
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City of Sunny Isles Beach
Ok
--\T, 18070 Collins Avenue
Z Sunny Isles Beach, Florida 33160
•
'1.4, 9)• F`OR ., (305)947-0606 City Hall
t`'' , S:0+ (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Susan Simpson,Assistant City Manager
DATE: 3/15/2018
Agreement with Perkins + Will for Architectural Design
RE: Services for Gateway Park Internal Space Build-Out in
an Amount Not to Exceed $400,000.00
RECOMMENDATION:
This item is presented for your consideration.
REASONS:
The City issued Request for Qualifications No. 17-12-01 for
Professional Architectural Services for Interior Remodeling at
Government Center Lobby and at Gateway Park for Internal Space
Build-Out. Through Resolution No. 2018-2779, the Commission
ranked Perkins + Will as number one and authorized the City Manager
to enter into an agreement with them for services.
At this time, the City wishes to enter into an agreement with Perkins +
Will for only the Gateway Park Internal Space Build-Out, as this is the
priority, in an amount not to exceed $350,000.00. Final negotiated price
will be based on the proposed Program Plan as discussed at this
meeting.
ADDITIONAL INFORMATION:
Proposed Program Plan includes the following listed by priority:
1. Grand Ballroom style banquet hall to accommodate 250-300 guests,
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dance floor and storage.
2. Fitness Studio with hard wood floors, mirrored wall and storage to be
used for: Senior strength training, chair exercises, stability training;
Yoga, pilates, barre pilates; Dance exercise classes for adults and
seniors such as Zumba and Tai chi; Instructional Dance Programs for
all ages.
3. Multi-purpose space that can be open for a larger space of 4,000 -
5,000 sq feet or divided with room dividers for 4 to 6 individual smaller
spaces to host: Senior space for card programs, bingo, movies,
lectures, blood pressure / health testing, etc.; Computer classes
inclusive of music/video production, tutoring, language classes; Space
for a digital fitness program (exercise games that use avatars or hi tech
exercise equipment to engage teens through seniors in fun or game
based exercise).
4. Cooking Kitchen.
5. Main entrance, secured controlled access to programming space.
6. Offices, break room, office supply storage and utility space to
support staff.
7. Lounge / social space that is secured access but not enclosed
program space for residents to stop by, socialize and use free wifi
(couches and coffee tables with a coffee and water machine).
FUNDING SOURCE:
Funding for this contract is budgeted for and available in the Capital
Improvement Program project named Gateway Park and Pedestrian
Bridge. (300-6-5720-465000-15001)
ATTACHMENTS:
Description
Resolution
Agreement
Item Number: 10.G.
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