Res No 053-02-11402RESOLUTION 53-02-11402
-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ARQUITECTONICA INTERNATIONAL CORP.,
RELATED TO DESIGN AND CONSTRUCTION OF 73 RD STREET GARAGE AND RETAIL
PROJECT IN THE AMOUNT OF EIGHTY -SIX THOUSAND EIGHT HUNDRED ($86,800);
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to retain a team of consultants for design,
construction documents and construction administration of the City of South Miami 73 rd Street
Garage and Retail Project, and
WHEREAS, The City having followed the requirements established by Florida Statute
287.055: Acquisition of Professional Services for Architects and Engineers, recommended three
top ranked firms in order of preference, and
WHEREAS, The City Commission at its meeting on January 22, 2002 through resolution
no. 12-02-11361, authorized the administration to negotiate a professional services agreement
with the number one ranked firm, Arquitectonica International Corp, and
WHEREAS, The negotiated professional services agreement is for a percentage fee of
7.2% of the estimated construction cost and inclusive of a lump sum amount of $86,800 for the
Schematic Design Phase, and
WHEREAS, The actual fee for the services beyond the Schematic Design Phase will be
established at the completion of the Schematic Design Phase, and brought back to the
Commission for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the negotiated Professional Services Agreement is approved.
Section 2: That the executed agreement is made a part of the resolution.
Section 3: That the resolution is effective immediately.
PASSED AND ADOPTED this ~ day of April ,2002.
READ AND APPROVED AS TO FORM:
~/ b&--IIStk
CITY ATTORNEY
APPROVED: ~~
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner -F eli u :
Commissioner Bethel:
Commissioner Wiscombe:
4-0
Yea
out of room
Yea
Yea
Yea
('
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor and ~ com-=iSSion
Fromt6.arles D. ~
City Manager
REQUEST
Date: April 11, 2002
Agenda Item #. . 0
.CommMtg. ~
Re:Professional Services Agreement
with Arquitectonica International
Corp. for 73 rd Street Garage and Retail
project
A RESOLUTION OF THE MA YOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ARQUITECTONICA
INTERNATIONAL CORP., RELATED TO DESIGN AND CONSTRUCTION OF 73 RD
STREET GARAGE AND RETAIL PROJECT IN THE AMOUNT OF EIGHTY -SIX
THOUSAND EIGHT HUNDRED ($86,800) FOR THE SCHEMATIC DESIGN PHASE;
AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
At the City Commission meeting on January 22,2002, the City Commission through
Resolution no. 12-02-11361, selected Arquitectonica International Inc., as the first ranked
firm, for design, preparing of construction documents and administration of construction
services for the proposed 73 rd Street Garage and Retail project. The Commission further
authorized the administration to negotiate a professional services agreement for the same
and bring it back to the City Commission for approval. The attached Professional Services
Agreement, negotiated between the City and Arquitectonica International Corp., is
presented for your approval.
The overall professional services fee has been negotiated as a percentage of the overall
construction cost inclusive of a set lump sum fee for the Schematic Design Phase. To
reflect the uniqueness ofthe project, the professional services agreement is broken up in
two phases. The first part of the agreement, the Schematic Design Phase, requires that the
consultant, through an extensive public involvement process, generate a well defined
scope, establish a design approach, and set a project budget. Actual professional fee for
the second part of the agreement will be established in accordance with the negotiated
percentage of construction cost estimated at the end of the Schematic Design Phase. The
final scope, the schematic design of the facility and the actual fee for the services beyond
the Schematic Design will be brought back to the City Commission for approval at the
completion of the Schematic Design phase.
(I
('
Professional Services Agreement with Arquitectonica International Inc.
73 rd Street Garage and Retail project
Page 2 of2
The negotiated percentage for the Professional Services fee is 7.2% of the currently
estimated construction cost inclusive of a Lump Sum fee of Eighty-six thousand eight
hundred dollars ($86,800) for the Schematic Design phase. The administration believes
that the negotiated professional services fee is reasonable and is in accordance with the
acceptable industry practice.
RECOMMENDATION
Approval
Attachments:
Resolution no: 12-02-11361
Proposed resolution.
Negotiated Professional Services Agreement
RESOLUTION 12-02-11361
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A
PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRt\tl
OF ARQUITECTONICA INT. CORP., FAILING THAT \"lITH THE SECOND
RANKED FI&.\1 OF THE CORRADINO GROUP, INC., FAILING THAT TO THE
THIRD RANKED FIRNI OF ZYSCQVICH, INC FOR THE DESIGN,
CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE 73 RD STREET RETAIL AND GARAGE PROJECT.
WHEREAS, the City Commission desires to retain a team of consultants for the
design; construction documents and construction administration of the City of South
Miami 73 rd Street Retail and Garage project, and
WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for
Professional Services, and
WHEREAS, the City received a total of twenty (20) responses as a result of the
published notice, and
WHEREAS, The City having followed the requirements established by Florida
Statute 287.055: Acquisition of Professional Services for Architects and Engineers.
recommends three top ranked firms in order of preference, and
WHEREAS, The personal interviews of the eight short listed firms \Vere video
taped for record and is available for vievving, and
NOW, THEREFORE, BE IT RESOLVED BY THE l'v'1A YOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the City Commission approves the recommended ranking of the three top
ranked firms as follows:
1. Arquitectonica Int. Corp.
2. The Corradino Group
3. Zyscovich, Inc.
Section 2: That the City Commission authorizes the administration to negotiate a fee
proposal for desi~n, construction document and construction administration of the City of
South Miami 73 r Street Retail and Garage project with the first ranked firm.
Section 3: That if the City is unable to negotiate a satisfactory contract with the first
ranked firm the City must formally terminate the negotiation and undertake negotiations
with second ranked firm, failing that undertake .negotiation with the third ranked firm.
~X~-O.2-113,61
73 rd Street Retail/Garage project
Resolution
Page 2 of2
Ii'
Section 4: That the negotiated Professional Services Agreement is brought back to the
City Commission for approval.
PASSED AND ADOPTED this ~ day of January ,2002.
~11, .VJ ,./ ;! 1;( ,-.,~ ./ //
,.///' /( / ./ .'
Commission Vote: 5-0
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Yea
Yea
Yea
Commissioner Bethel: Yea
Commissioner Wiscombe: Yea
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
AND
ARQUITECTONICA INTERNATIONAL CORPORATION
"I
THIS AGREEMENT made the _ day of , 2002, by and between THE
CITY OF SOUTH MIAMI, a municipality of Miami-Dade County, Florida (hereinafter called
the City) and ARQUITECTONICA INTERNATIONAL CORPORATION (hereinafter called
the Project Architect).
RECITALS
A. The City owns certain unimproved land located in the City of South Miami,
Miami-Dade County, Florida, which is currently used as a public parking lot.
B. The City has entered into an agreement with the adjacent property owner, to
acquire the air rights and incorporate the adjacent property into the design and construction of a
Parking Structure with mixed-use retail.
C. On February _, 2002, the City, pursuant to Resolution No. ,
accepted City staffs recommendation which ranked Arquitectonica International Corporation the
number one ranked proposer and authorized the City Manager to enter into contract negotiations.
NOW, THEREFORE, the City and the Project Architect, for the consideration hereinafter
named, agree as follows:
The Project Architect agrees to perform professional services as provided in this
Agreement and the City agrees to pay the Project Architect for such services a fee in accordance
with the terms and conditions hereinafter stated.
ARTICLE 1
PROJECT ARCHITECT'S SERVICES AND RESPONSIBILITIES
1.0 BASIC SERVICES
1.0.1 The Project Architect's Basic Services consist of the five phases described in
Paragraphs 1.1 through 1.5, the services set forth in Article 13 hereof, and all design, consultant,
and other services reasonably inferable for the complete design services as contemplated herein.
1.0.2 The City has furnished the Project Architect with a Project Needs Description
attached as Exhibit 1 to be utilized by the Project Architect during the Schematic Design Phase.
The Project Needs Description shall contain the City'S parameters for the intended project scope
and character with an accompanying project schedule establishing milestone dates and
completion date of the Project. The Project Description prepared at the completion of the
Schematic Design Phase and approved by the City shall be hereinafter referred to as the
"Project" and attached as Exhibit 2. The Project shall contain a description of the intended
Page 1 of36
"
project scope and character with an accompanying project schedule. The Project Architect shall
review these documents to understand the requirements ofthe Project and shall arrive at a mutual
understanding of such requirements with the City. It shall be the Project Architect's
responsibility to develop a preliminary project cost schedule including the Construction Cost
Limitation specified in Article 3 and to conduct his activities so as to achieve the City's
objectives. The Construction Cost Limitation will be approved by the City upon the completion
of the Schematic Design Phase in accordance with the provisions set forth in Article 3 of this
Agreement.
1.0.3 The professional services which are the subject of this agreement shall be
conducted so that the design (as per the scope of work set forth in the Project attached as Exhibit
2) will call for construction of the Project for a cost not to exceed the Construction Cost
Limitation (to be determined in accordance with the provisions set forth in Article 3 of this
Agreement). The Project Architect shall be responsible for managing the design to stay within
this Construction Cost Limitation.
1.0.4 The Construction Cost Limitation sum, as defined in Article 3, shall be the basis
for computing the Project Architect's Basic Services fee, which shall remain constant throughout
the project upon said Construction Cost Limitation being approved by the City at the completion
of the Schematic Design Phase in accordance with the provisions set forth in Article 1.0.2 and
Article 3 of this Agreement, unless changed by the City with the mutual written agreement of the
Project Architect, without regard to the Construction Contract price except as provided in Article
" 3.4 in this Agreement.
1.0.5 It is understood that design of the Project so as to be consistent with the City'S
objectives of scope and cost as defined in the Project Description hereto set forth in Exhibit 2 in
this Agreement shall continue through to completion and acceptance of Design Development
documents. Any adjustment to the scope or quality considered necessary to stay within the
Construction Cost Limitation during this period shall be mutually agreed upon and shall be
considered a Basic Service and normal to that process provided that such adjustment is within
the paramete~s of the scope of work set forth in Exhibit 1 in this Agreement.
1.0.6 The Project Architect has submitted for prior approval by the City the names of
all consultants, persons, or firms, which the Project Architect proposes to use in the execution of
the services herein described as per Exhibit 4, and shall provide the City with a fully executed
copy of each contract or agreement which the Project Architect enters into with any consultant.
The City reserves the right, in its sole discretion, to reject the employment by Architect of any
consultant for the Project to which the City has a reasonable objection provided that such
rejection is made by the City prior to Project Architect's commencement of the Schematic
Design Phase.
1.0.7 The Project Architect shall pay for such consultant services as set forth in Aliicle
13 of this Agreement out of fees provided for in this' Agreement except for those consultants
providing services as per Article 2.3 of this Agreement, whose fees shall be paid directly by the
City. The City accepts no responsibility of any kind for such consultant fees and costs unless
specifically provided for in this Agreement.
Page 2 of36
1.0.8 The Project Architect shall carry such professional liability and errors and
omissions insurance, covering the services provided under this Agreement. Schedule 1 attached
as Exhibit 3, delineates the insurance amounts and types of coverages required. The fees for
such insurance will be at the expense of the Project Architect. A Certificate of Insurance
indicating the expiration date, and existence, of the Project Architect's professional liability
insurance is required prior to commencement or continuation of performance of the services
under this Agreement. Each request for payment by the Architect shall include the expiration
date of the insurance. Project Architect shall deliver to the City replacement certificates not less
than thirty (30) days prior to the expiration of any such insurance. If, however, Project Architect
fails to pay any of the renewal premiums for the expiring policies, the City shall have the right
(but not the obligation) to make such payments and set off the amount thereof against the next
payment coming due to Project Architect under this Agreement.
All insurance policies shall contain a waiver of subrogation against the City where
applicable and shall expressly provide that such policy or policies are primary over any insurance
that the City may have. With the exception of professional liability and workman's
compensation, the City shall be named an additional insured on all insurance policies.
1.0.9 The scope of all professional services applied to the design of this Project shall be
such as to incorporate the latest technology appropriate to the stated mission of the institution
and the programmed functional activities as it exists as of the date of this Agreement.
1.0.10 The. Project Architect shall conduct its activities related to design, document
production and review, and construction administration services in accordance with the City's
timetables and policies.
1.0.11 The Project Architect shall prepare or cause· to be prepared detailed Construction
Cost Estimates of the Project in a form acceptable to the City following the Construction
Specifications Institute (CSI) format as it exists as of the date of this Agreement. Such estimates
shall be submitted with plans and specifications when submitted for review at the completion of
the Schematic Design phase, Design Development phase, and at the stages of completion of the
Construction Documents as described in Article 13, in such a manner that the construction cost
of the Project is affirmed to the City by the Project Architect in writing. Should any
Construction Cost Estimate indicate a cost which exceeds the Construction Cost Limitation, the
City will determine whether to increase the Construction Cost Limitation, or require the Project
Architect to revise the Project scope or quality to bring the estimated cost within the
Construction Cost Limitation at no additional cost to the City providing that there are no changes
to the original scope of work as set forth in Exhibit 2 of this Agreement.
1.0.12 The' Project Architect shall submit documents to the City for review at completion
of the Schematic Design and Design Development phases and at the stages of completion of the
Construction Documents as described in Article 13. The Project Architect shall incorporate into
the documents such corrections and amendments as the City reasonably requests, unless the
Architect has objected in writing and has received the City's consent not to make the
incorporation to which the Project Architect· objects; provided however, in the event such
Page 3 of36
amendments are beyond the original scope of the Project Architect's services as set forth in this
Agreement and Exhibit 1 hereto, the Project Architect's performance in making such
amendments shall be deemed Additional Services to be compensated by the City in accordance
with the provisions of Article 9.2. If any damages are iricurred at a later date due to a failure to
incorporate properly requeste~i corrections and amendments, the damages shall be at the Project
Architect's sole expense. Any corrections or amendments necessary to correct any deficiencies
related to the Project Architect's performance shall also be at the Project Architect's sole
expense. Project Architect shall list and indicate on a revised drawing all changes from the
preceding issue of that drawing as required by the City. The City's approval of the revised
drawing shall not be deemed to be an approval of any unlisted changes, and any costs or expense
for any Project Architect's additional services subsequently incurred for such unlisted changes
shall be borne by Project Architect. .
1.0.13 The Project Architect, as part of Basic Services, shall become sufficiently familiar
with the Hometown Plan, the CityofSouth Miami's Land Development Code, community issues
and circulation/concurrency existing at the Project location so that the proposed Project which is
the subject of this Agreement will interface functionally with· the existing downtown
infrastructure. Any proposed changes to the downtown infrastructure will be confirmed by the
City at the date of this Agreement as set forth in the Project Needs Description.
1.0.14 Notwithstanding anything to the contrary contained in this Agreement, the City
and Project Architect agree and acknowledge that the City is entering into this Agreement in
reliance on Project Architect's special and unique abilities with respect to performing Project
Architect's services, duties, and obligations under this Agreement ("Project Architect's
Services"). Project Architect accepts the relationship of trust and confidence established
between Project Architect and the City by this Agreement. Project Architect covenants with the
City to use Project Architect's reasonable best efforts, skill, judgment, and abilities in performing
Project Architect's Services. Project Architect covenants to perform Project Architect's Services
diligently and to put forth reasonable efforts to further the interests of the City in accordance
with the City's requirements and procedures (within the scope of this Project as defined in this
Agreement and Exhibit 2 hereto). Project Architect covenants to (i) perform Project Architect's
Services fij in accordance with the highest reasonable professional standards of the architectural
profession for those architectural firms of superior skill and knowledge in the United States of a
similar size and character which provide design services for projects which are similar in size,
scope, and budget to the Project, and (ii) make all reasonable efforts to be in compliance with all
applicable federal, state, county and municipal, regulations, codes, and ordinances. There are no
obligations, commitments, or impediments of any kind that will limit or prevent performance of
Project Architect's Services. Should Project Architect fail to comply with the reasonable
standard of care required herein, the Project Architect's responsibilities under this Agreement, or
the applicable laws, regulations, codes, ordinances, and orders, Project Architect hereby agrees
to bear the full cost of correcting Project Architect's Services and the services of its consultants,
and others who have acted in reliance thereupon.
1.0.15 Project Architect shall call to the City's attention anything of any material nature
in Project Architect's drawings and specifications and any drawings, plans, sketches, instructions,
information, requirements, procedures, requests for action, and other data supplied to Project
Page 4 of36
Architect (by the City or any other party) which Project Architect regards in Project Architect's
professional opinion as unsuitable, improper, or inaccurate in connection with the purposes for
which such documents or data are furnished. Nothing shall reasonably excuse or detract from
Project Architect's responsibilities or obligations hereunder in a case where such documents or
data are furnished unless Project Architect advises the City in writing that in Project Architect's
professional opinion such documents or data are unsuitable, improper, or inaccurate and the City
confirms in writing that it wishes Project Architect to proceed in accordance with the documents
or data as originally given.
1.0.16 Project Architect's services shall be reasonably accurate and free from any
material errors or omissions. Project Architect's duties as set forth herein shall at no time be in
any way diminish by reason of any approval or acceptance by the City, nor shall Project
Architect be released from any liability by reason of such approval by the City, it being
understood that the City at all times is ultimately relying upon Project Architect's skill and
knowledge in performing Project Architect's services. The City shall have the right to reject any
portion of Project Architect's Services on the Project because of any fault or defect in the Project
due to any material defect in the plans, drawings and specifications, and other materials prepared
by Project Architect, consultants or subconsultants and prompt notice of any such rejection shall
be given by the City to Project Architect. Project Architect shall immediately perform, without
any additional cost or expense to the City, any and all such services as are required to correct or
remedy any act, error, or omission directly attributable to a material defect in the plans,
drawings, and specifications and other materials of Project Architect, or in connection with any
,material defect in the Project Architect's Services, or the services of Project Architect's
consultants or other persons employed by Project Architect, in the performance of any of the
provisions of this Agreement. Should the Project Architect refuse or neglect to correct or
remedy such defects within a reasonable time after receiving notice requesting such correction or
remedy, then the City shall be entitled to effect such correction or remedy itself at the expense of
Project Architect, and Project Architect shall reimburse the City upon demand for all expenses
incurred by the City to effect such correction or remedy. This commitment by Project Architect·
is in addition to, and not in substitution for, any other remedy for defective services which the
City may have at law or in equity, or both.
1.0.17 The Project Architect shall not proceed beyond the phase of design authorized by
the City, except at the Project Architect's own financial risk.
1.0.18 In the performance of Project Architect's obligations hereunder, Project Architect
agrees to furnish efficient business administration and superintendence and to use Project
Architect's best efforts to design the Project in the best way and in the most expeditious and
economical manner consistent with the interest of the City and Project Architect's professional
skill and care as defined herein.
1.0.19 In view of the services to be performed by Project Architect, Project Architect
shall devote such time and in-house personnel as may be required to perform Project Architect's
services hereunder. Unless and until the City grants its prior written approval to any substitution,
or requests any substitution, Project Architect's Senior Principal responsible for completing the
Project Architect's services shall be as listed on Exhibit 3 attached hereto and incorporated
Page 5 of36
t, .'
herein. The day-to-day Project team will be led by the person or persons as listed on Exhibit 3,
unless otherwise directed by the City or prevented by factors beyond the control of Project
Architect. The Senior Principal shall act on behalf of Project Architect with respect to all phases
of Project Architect's Services and shall be available as required for the benefit of the Project and
the City.
1.0.20 Within the reasonable scope of the Project Architect's professional responsibilities
Project Architect shall investigate any documents provided by the City and the visible existing
conditions at the Project site to identify existing systems and construction which must be
modified to accommodate the Project Architect's design for the Project and the construction of
the Project. Within the reasonable scope of the Project Architect's professional responsibilities,
the Project Architect shall identify to the City any incongruities between the documents and
visible conditions, and shall consult with the City on any 'special measures required of the City or
additional services required to accommodate the investigation, including, without limitation, any
further investigation which is necessary for "Project Architect to perform its services free from
material errors and omissions, and so that Project Architect's design will be properly coordinated
with existing systems and construction. This investigation shall be accomplished by registered,
professional architecturals and engineering firms, as appropriate.
1.0.21 The City has or intends to retain a Construction Manager for this project (the
"Construction Manager"), and the Project Architect shall coordinate its Services (Basic and
, Additional) hereunder with the Construction Manager. The City may direct the Project Architect
in writing to recognize the Construct jon Manager as its representative for the performance of
various duties hereunder which are otherwise defined as the responsibility of the City hereunder
provided such changes are within the original scope of work as set forth in Exhibit 2 of this
Agreement. Upon request, Project Architect shall be entitled to review a redacted version of the
agreement between the City and the Construction Manager for this project (the "CM
Agreement"). Nothing in the CM Agreement shall confer direct responsibility on the
Construction Manager for the Project Architect's services, nor shall anything contained therein
diminish Project Architect's responsibility for its services as set forth under this Agreement.
1.0.22 As an Additional Service to be compensated with the provisions of Article 9.2 of
this Agreement the Project Architect shall: assist the City in the review of the necessary bidding
information, bidding forms, Request for Proposal (RFP) documents for the selection of a
construction manager, and require and resolve questions about the bid and the RFP documents;
attend one pre-bid and one pre-proposal conferences; evaluate bids and proposals; and assist in
the City in developing the Guaranteed Maximum Price; answer inquiries from bidders and
proposers at the City's request; and prepare and issue any necessary addenda to the bidding or
proposal documents.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 Based on the mutually agreed upon project description, Construction Cost
Limitation and the Project Schedule, the Project Architect shall participate in one concept design
meeting with representatives of the City and thereafter prepare a maximum of four alternative
'-.
Page 60f36
0_-...
;.
approaches to design and construction of the Project to satisfy the City's requirements as set
forth in the scope of work in Exhibit 2 of this Agreement, shall review the understanding of such
requirements with the City and Construction Manager, and shall, at completion of this phase,
submit Schematic Design Documents. The Project Architect shall participate in one follow up
meeting with representatives of the City to review the alternative approaches.
1.1.1.1 Project Architect shall work closely with the City in preparation of
schematic drawings and shall specifically conform to the City's reasonable requirements
regarding aesthetic design issues.
1.1.1.2 The Project Architect shall hold a maximum of two public workshops to
receive public input during the schematic design phase.
1.1.1.3 The Project Architect shall perform all necessary traffic analysis and meet
all concurrency requirements as of the date of the application for the building permit.
1.1.2 The Project Architect shall furnish and deliver to the City four copies of complete
printed sets of Schematic Design documents as enumerated in Article 13.
1.1.2.1 The Schematic Design documents shall include:
(i) Proposed timetable for completing designs, permitting and
construction;
(ii) Planning summary consisting of a vicinity traffic plan, site plan
and a summary of all pertinent planning criteria (any vicinity plan
other than the vicinity traffic plan that may be requested shall be
provided by the Project Architect as an Additional Service to be
compensated with the provisions of Article 9.2 of this Agreement);
(iii) Schematic Design studies consisting of all plans, elevations and
sections as required to illustrate scale and functionality of the
project design and relationship of the project to the surrounding
area;
(iv) Detailed construction cost estimate.
1.1.3 The Project Architect shall determine if the proposed design requires variances,
special exceptions and present the Schematic Design studies to the Citizen Advisory Boards
(such as the Environmental Review Board and Planning Board) and the City Commission as
appropriate, for their respective approval (provided that the Project Architect's participation in
more than two presentations to the Citizen Advisory Boards or more than two presentations to
the City Commission shall constitute an Additional Service to be compensated in accordance
with the provisions of Article 9.2 of this Agreement).
Page 70f36
1.1,4 The Project Architect shall present the Schematic Design studies to all appropriate
utility companies to determine potential conflict with their utilities or to identify any other
critical issues that may impact the design, budget and construction
1.1.5 The Project Architect shall direct the preparation of a detailed construction cost
estimate as described in Sub-paragraph 1.0.12 to confirm the Construction Cost Limitation and
present same with the completed Schematic Design Documents. The Project Architect shall
review its construction cost estimate in comparison with the construction cost estimate prepared by
the Construction Manager, and shall reconcile any differences between the two construction cost
estimates in coordination with the Construction Manager. If the Project Architect is unable to
reconcile all differences between the two construction cost estimates with the Construction
Manager, then the Project Architect shall provide a detailed explanation of the differences to the
City.
, 1.1.6 Before proceeding into the Design Development Phase, the Project Architect shall
obtain the City'S written acceptance of the Schematic Design documents and approval of the
Project Architect's preliminary construction cost estimate.
1.1.7 The Project Architect shall participate in a final review of the Schematic Design
D'ocuments with the City and Construction Manager at the Project location or other location
specified by the City. Prior to the City's approval of the Schematic Design Documents, the Project
Architect shall incorporate such changes as are necessary to satisfy the City's review comments,
any of which may be appealed for good cause, provided however, in the event such changes are
, beyond the original scope of the Project Architect's services as set forth in this Agreement and
Exhibit 2 hereto, the Project Architect's performance in making such amendments shall be
deemed Additional Services to be compensated by the City in accordance with the provisions of
Article 9.2.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjustments to the
Construction Cost Limitation authorized by the City (to be determined in accordance with the
provisions set forth in Article 1.0.2 and Article 3 of this Agreement), the Project Architect shall
prepare, for approval by the City and review by the Construction Manager, Design Development
Documents in accordance with the City's written requirements to further define and finalize the
size and character of the Project. The Project Architect shall review the Design Development
Documents as they are being prepared at intervals appropriate to the progress of the Project with
the City and Construction Manager. The Project Architect shall provide the Construction
Manager with one of the four required sets as per Article 13 of the Project Architect's documents
to the Construction Manager to assist the Construction Manager in fulfilling its responsibilities to
the City.
1.2.2 The Project Architect shall furnish and deliver to the City four complete printed
sets of Design Development documents as per Article 13.
Page 8 of36
. , ,
•
1.2.3 The Project Architect shall review the construction cost estimate prepared by the
Construction Manager in comparison to the Construction Cost Limitation, and shall reconcile any
differences in coordination with the Construction Manager.
1.2.4 Before proceeding into the Construction Document Phase, the Project Architect
shall obtain the City's written acceptance of the Design Development documents and approval of
the mutually established Construction Cost Limitation.
1.2.5 The Project Architect shall participate in a final review of the Design Development
Documents with the City and Construction Manager. Prior to the City's approval of the Design
Development Documents, the Project Architect shall incorporate such changes as are reasonably
necessary to satisfy the City's review comments, any of which may be appealed for good cause,
provided however, in the event such changes are beyond the original scope of the Project
Architect's services as set forth in this Agreement and Exhibit 2 hereto, the Project Architect's
performance in making such changes shall be deemed Additional Services to be compensated by
the City in accordance with the provisions of-Article 9.2.
1.2.6 At the completion of the Design Development Phase, or such other time as the City
may specify to Project Architect, at the City's sole option and discretion, the City will furnish
Project Architect with a Guaranteed MaximumPrice proposal prepared by Construction Manager
based upon the Design Development Documents prepared by the Project Architect and approved
by the City. The Project Architect shall assist the City and further and advocate the City's interests
. in the City's negotiations with the Construction Manager in an effort to develop a Guaranteed
Maximum Price proposal acceptable to the City, in the City's sole discretion. If the Construction
Manager's Guaranteed Maximum Price proposal exceeds the Construction Cost Limitation and if
the City does not accept the Construction Manager's Guaranteed Maximum Price proposal, the
Project Architect shall patiicipate with the City and Construction Manager in constructability
reviews and shall revise the documents as necessary in order to reach an agreement. If the
Construction Manager's Guaranteed Maximum Price proposal is equal to or less than the
Construction Cost Limitation and the City does not accept the Construction Manager's Guaranteed
Maximum Price proposal the Project Architect will only.participate in constructability reviews as
an Additional Service to be compensated in accordance with the provisions of Article 9.2 of this
Agreement. If Construction Manager's Guaranteed Price proposal exceeds the Construction Cost
Limitation furnished to the City by Project Architect, and the City directs Project Architect to
revise the documents, then Project Architect shall revise the documents at its own expense so that
the Guaranteed Maximum Price proposal for constructing the Project shall not exceed the City's
Construction Cost limitation and any previously approved construction cost estimate provided
such revisions are within the original scope of the Project Architect's services as set forth in this
Agreement and Exhibit 2 hereto. If it is determined to be in the City'S best interest, instead of
requiring the Project Architect to revise the drawings and specifications, the City reserves the right
to accept a Guaranteed Maximum Price proposal that exceeds the stipulated Construction Cost
.Limitation. The Project Architect shall analyze the final Guaranteed Maximum Price proposal
document, together with its supporting assumptions, clarifications, and contingencies, and shall
submit a detailed written analysis of the document to the City. Such analysis shall include, without
limitation, reference to and explanation of any inaccurate or improper assumptions and
clarifications.
Page 9 of36
1.2.7 After the Guaranteed Maximum Price has been accepted, the Project Architect shall
incorporate into the Design Development Documents any revisions which are necessary due to
inaccurate assumptions and clarifications made in the development of the Guaranteed· Maximum
Price, provided however, in the event such revisions are beyond the original scope of the Project
Architect's services as set forth in this Agreement and Exhibit 2 hereto, the Project Architect's
performance in making such revisions shall be deemed Additional Services to be compensated
by the City in accordance with the provisions of Article 9.2.
1.3 CONSTRUCTION DOCUMENT PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the Project Construction Cost Limitation
authorized by the City, the Project Architect shall prepare, for approval by the City and review
by the Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for construction of the Project. The plans,
drawings and specifications for the entire Project shall be so prepared that same will call for the
construction of the building and related facilities, together with its built-in permanent fixtures and
equipment which will cost not more than the Guaranteed Maximum Price accepted by the City, or
the Construction Cost Limitation established by the City if no Guaranteed Maximum Price
proposal has been accepted by the City. The Project Architect will be responsible for managing
the design to stay within such Guaranteed Maximum Price proposal or Construction Cost
Limitation. The Project Architect shall review the Construction Documents as they are being
prepared at intervals appropriate to the progress of the Project with the City and Construction
Manager. The Project Architect shall provide the Construction Manager with one of the four
required sets as per Article l3 of the Project Architect's documents to the Construction Manager
to assist the Construction Manager in fulfilling its responsibilities to the City.
1.3.2 The Project Architect shall assist the City and Construction Manager in the
determination of construction phasing and scheduling, bid or proposal alternates, special cash
allowances, liquidated damages, the construction contract time period, and compliance with
special construction conditions limiting construction during the holiday season.
1.3.3 The Project Architect shall assist the City and Construction Manager in
connection with the City's responsibility and procedures for obtaining approval of all authorities
having jurisdiction over the Project.
1.3.4 The Project Architect, as per Article l3 at the Project Architect's expense, at each
stage of review, shall furnish and deliver to the City the number of complete printed copies of all
plans, drawings and specifications of every character made or furnished in connection with the
Work, which copies shall become the property of the City subject to the provisions of Article 7
hereinbelow. The Project Architect shall incorporate into the plans, drawings and specifications
such changes as are reasonably necessary to satisfy the City'S review comments, any of which
may be appealed in writing for good cause provided however, in the event such changes are
beyond the original scope of the Project Architect's services as set forth in this Agreement and
Exhibit 1 hereto, the Project Architect's performance in making such changes shall be deemed
Page 10 of36
I' I ,
Additional Services to be compensated by the City in accordance with the provisions of Article
9.2.
1.3.5 The Project Architect shall review the construction cost estimate prepared by the
Construction Manager in comparison to the Construction Cost Limitation,· and shall reconcile any
differences in coordination with the Construction Manager.
1.3.6 The City will require construction document drawings to be produced on a CADD
system as part of Basic Services. The City will define the CADD drawing requirements and the
final media for the CADD data. The City recognizes that the Project Architect uses ACAD 2000
and therefore any other programs or other technology which the City may require the Project
Architect to use or employ in the performance of its services shall be furnished by the City to the
Project Architect at the City'S expense.
1.3.7 The Project Architect shall participate in a final review of the Construction
Documents with the City and Construction Manager. Prior to the City's approval of the
Construction Documents, the Project Architect shall incorporate such changes as are necessary to
satisfy the City's review comments, any of which may be appealed for good cause.
1.3.8 Before proceeding into the next scheduled phase, the Project Architect shall
obtain the City'S written acceptance of the Construction Documents and approval of the
Construction Cost Limitation.
1.4 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.4.1 The Construction Phase shall commence with the City'S acceptance of the
Construction Manager's Guaranteed Maximum Price and will terminate when final payment to the
Construction Manager for all Work is made, or sixty days after the last Date of Completion of the
Warranty Work, whichever occurs last.
1.4.2 Unless otherwise provided in this Agreement and incorporated in the Contract
Documents, the Project Architect shall provide administration of the Contract for Construction as
set forth below.
1.4.2.1 The Project Architect shall, in coordination with the Construction Manager
as confirmed at the Pre-Construction Conference, establish and maintain a numbering and tracking
system for all project records, including changes, requests for information, submittals, and
supplementary instructions shall provide updated records at each bi-monthly meeting and when
requested.
1.4.2.2 The Project Architect shall administer construction administration all
meetings scheduled by the City or Project Architect and shall promptly provide summary notes to
all parties (unless otherwise agreed at the Pre-Construction Conference). The Project Architect
shall attend Construction Manager's regularly scheduled planning meetings when requested but
will not be responsible for administering such.
Page 11 of36
" .. .
1.4.3 The Project Architect shall review the Construction Manager's initial administrative
submittals for Project Schedule, Schedule of Values, Submittal Schedule, and Equipment Matrix
for compliance with the appropriate basis for construction monitoring, payment processing, and
system commissioning. The Project Architect shall provide detailed written comments to the
Construction Manager for necessary revisions and recommend acceptance of these documents to
the City when appropriate. The Project Architect shall review periodic updates of all schedules
with the City and Construction Manager to evaluate appropriateness.
1.4.4 The Project Architect and its consultants shall prepare appropriate materials for and
conduct a Pre-Construction Conference at the site prior to commencement of construction by the
Construction Manager.
1.4.5 The Project Architect shall be a representative of the city during the Construction
Phase but only to the extent of the specific obligations assigned to the Project Architect under this
Article 1.4. As a matter of practice, communications with the Construction Manager shall be
copied to the Project Architect and all communication by and with the Project Architect's
consultants shall be through the Project Architect and copied to the Project Architect's consultants,
except that the City reserves the right to communicate directly with the Construction Manager and
consultants, and cop~ to the Project Architect, as it deems necessary or appropriate at any time.
The Project Architect shall have authority to· act on behalf of the City to the extent provided in the
Contract Documents unless otherwise modified by written instrument. Duties, responsibilities and
limitations of authority of the Project Architect shall not be restricted, modified or extended
. without written acceptance of the City.
1.4.6 The Project Architect shall visit the site at least once each week during the entire
construction period, and each consultant shall visit the site as deemed reasonably appropriate by
said consultant during construction activities related to each consultant's discipline, to observe the
progress and quality of the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. Architect and each consultant shall submit written
reports of such visits and meetings. On the basis of such onsite observations, the Project Architect
shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard
the City against defects and deficiencies in the Work of the Construction ·Manager. Project
Architect shall notify the City and the Construction Manager in writing of any portions of the
work which Project Architect has observed as not being in conformity with the Construction
Documents and make recommendations as to correction of such deficiencies or defects. As part
of such on-site observation, Project Architect shall make its site representative available and
shall consult with the City and the Construction Manager on the occasion of all circumstances
arising during the course of construction which would make such consultation in the City's
interests.
1.4.6.1 In addition to site visits for general observation, the Project Architect and its
consultants shall visit the site for specific purposes related to certification of progress payments,
start-up or mock-up reviews for significant work activities and for formal inspections of the Work.
The Project Architect and its consultants shall provide written reports of all site visits to the City
and Construction Manager in order to confirm compliance with the Construction Documents ..
Page 12 of36
..
1.4.7 The Project Architect shall prepare a standard agenda for, and attend monthly job
conferences for attendance by representatives of the Construction Manager, major Trade
Contractors and Subcontractors. The Project Architect shall also prepare and distribute minutes of
the meetings as agreed at the Pre-Construction Conference.
1.4.8 The Project 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 the acts or omissions of the
Construction Manager, Trade Contractors, Subcontractors, or any other persons performing any of
the Work,. or for the failure of any of them to carry out the Work in accordance with the Contract
Documents.
1.4.9 The Project Architect shall at all times have access to the Work wherever it is in
preparation or progress.
1.4.10 The Project Architect shall advise the City regarding the amounts owing to the
Construction Manager based on observations of Work placed at the site and on evaluations ofthe
Construction Manager's Request for Partial Payment, shall coordinate such review and evaluation
with the City's representatives, and shall certify Construction Manager's Request for Partial
Payment in such amounts.
1.4.11 The certification of a Construction Manager's Request for Partial Payment shall
constitute a representation by the Project Architect to the City, based on the Project Architect's
observations at the site as provided in this Agreement and on the data comprising the Construction
Manager's Request for Partial Payment, that the Work has progressed to the point indicated; that, to
the best of the Project Architect's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents and that the Construction Manager is entitled to payment
in the amount certified. However, the approval of a Construction Manager's Request for Partial
Payment shall not be a representation that the Project Architect has (a) made any examination to
ascertain how and for what purpose the Construction Manager has used the moneys paid on
account of the Contract Sum-;-, (b) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (c) examined construction means, methods, techniques,
sequences or procedures, or (d) reviewed copies of requisitions received from subcontractors and
material suppliers and other data requested by the City to substantiate the Construction
Manager's right to payment.
1.4.12 Interpretations and recommendations of the Project Architect shall be consistent
with the intent of and reasonably inferable from the Contract Documents and shall be in written or
graphic form.
1.4.13 Subject to approval of the City, the Project Architect's decisions in matters relating
to artistic effect shall be final if consistent with the reasonably inferable intent of the Contract
Documents.
Page 13 of36
.' ,1
....
1.4.14 The Project Architect shall have the responsibility to recommend to the City and the
authority, with appropriate notification to the parties, and shall endeavor to tejectWork which does
not confonn to the Contract Documents. Whenever, in the Project Architect's reasonable opinion,
it is necessary or advisable for the implementation of the intent of the Contract Documents, the
Project Architect will have authority to require special inspection or testing of the Work in
accordance' with the provisions of the Contract Documents, whether or not suchW ork be then
fabricated, installed or completed. The Project Architect shall review construction materials testing
and any special testing required and shall provide recommendations for retesting, actions, or any
appropriate corrective measures as may be necessary or appropriate based on the results of such
tests.
1.4.15 The Project Architect and Consultants thereto shall review and approve or take
other appropriate action upon the Construction Manager's submittals such as Shop Drawings,
Product Data and Samples, but only for confonnance with the design concept of the Work set forth
in the Contract Documents and the applicable sections of the building code, and shall respond to
Construction Manager's inquiries and questions and provide such supplemental infonnation as
appropriate. Such action shall be taken with reasonable promptness so as to cause no delay to the
Construction Manager's scheduled progress, but within fourteen (14) business days. The Project
Architect's approval of a specific item shall not indicate approval of an assembly of which the item
is a component. .
1.4.16 Project Architect shall review and respond appropriately to properly prepared,
timely requests from the Construction Manager for additional information regarding the
Construction Documents and, if necessary or appropriate as determined by the Project Architect
in its discretion for the purpose of responding to such requests, issue supplemental documents to
amplify or clarify portions of the Construction Documents.
(
1.4.17 Project Architect shall provide assistance in the review of the Construction
Manager's requests for change orders or claims for additional time or costs, and make
recommendations to the City as to such requests or claims.
1.4.18 The Project Architect shall prepare Change Orders for the City'S approval and
execution in accordance with the Contract Documents, and shall have authority to order minor
changes in the Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time which are not inconsistent with the intent of the Contract Documents. In
conjunction with each Change, the Project Architect shall prepare an independent cost and time'
estimate for comparison with the Construction Manager's proposal and recommend to the City
whether the proposal is acceptable. The Project Architect shall prepare revised Contract Drawings,
where appropriate, to illustrate and document the work required by the Change. All proposed
changes to drawings, plans and specifications, regardless of how initiated, shall be totally defined
in the document depicting them as to scope of work added, removed, or changed. The original
copies of the Construction Documents may be revised to show such changes, provided that all
such revisions shall be separately recorded on media acceptable to the City, including, without
limitation, CADD. Such revisions shall be clearly indicated and a current revision date shall be
included on the reproducible copy. Changes to the specifications shall be made by consecutively
numbered and dated addenda. All changes to design documents or specifications will be
Page 14 of36
•
identified with date of change, revision number and other customary identification references.
Areas changed on drawings will be "clouded" to show each change. Clouds designating previous
changes will be removed so that only the most recent changes will be clouded. If the revised
drawings are due to Changes ordered by the City and hot due to errors and omissions on the part of
the Project Architect, the extra expenses will be treated as Additional Services.
1.4.19 Project Architect . shall conduct and its consultants shall participate in concealed
space inspections (as deemed necessary by the Project Architect), systems start-up inspections,
Substantial Completion or pre-Final inspections to determine the Dates of Substantial Completion,
and Final Inspection. In association with each inspection, Project Architect and its consultants
shall prepare a list of items which Project Architect and its consultants have observed as
. deficiencies in the Work, requiring remedial work or replacement, assemble and distribute the
official punch list(s) to all affected parties, and thereafter review the corrected and/or replaced
work and assist in verification of correction of all items.
1.4.20 Project Architect shall review, for conformance with the Contract Documents,
Construction Manager's submission of guarantees and warranties.
1.4.21 The Project Architect and its consultants shall assist the City in checking as-built
drawings during the course of the Work in association with certifying progress payments and shall
review final as-built documents for completeness and compliance with Contract requirements.
1.4.22 In order to confirm compliance with the scope of the Project set forth in the
. Construction Documents the Project Architect shall receive and review Construction Manager's
submission of operating and maintenance instructions, and all manuals, brochures, drawings, and
other close-out documentation furnished by the Construction Manager, shall require necessary
revisions to same, and when acceptable under the terms of the Contract between the City and
Construction Manager, shall forward same to the City. The Project Architect shall certify final
payment to the Construction Manager when the requirements of the Contract between the City
and Construction Manager have been met.
1.4.23 Project Architect and its consultants shall provide assistance to the City for the
purpose of advising and counseling the City's personnel in the usage, operation and maintenance
of the building mechanical, electrical, and plumbing systems.
1.4.24 The Project Architect shall be available after final payment to advise the City
regarding Warranty items and to inspect Warranty work during the Warranty period. Project
Architect shall participate in the Project's one-year warranty review.
1.4.25 Additional drawings or specifications that may be required for construction of
mock-ups or other items beyond the scope of the Basic Services shall be considered an Additional
Service pursuant to Article 1.5, to be compensated by the City in accordance with the provisions of
Article 9.2.
Page 15 of36
1.5 ADDITIONAL SERVICES
1.5.1 Additional Services are those services which shall be provided if authorized or
confirmed in writing by the City and for which compensation will be provided as described in this
Agreement in addition to Basic Compensation. Prior to commencing any Additional Service,
Project Architect shall prepare for acceptance by the City an Additional Services Proposal, in the
fonn attached hereto as Exhibit 4, or other fonnat as directed by the City and agreed to in writing
by the Project Architect, which shall describe in detail the nature or scope of the Additional
Services, the basis upon which Project Architect has determined that such services are Additional
Services, and which shall set forth the maximum amount of fees and reimbursable expenses for
which Project Architect is prepared to perfonn such Additional Services, together with a proposed
schedule for the performances of such Additional Service. Project Architect .shall proceed only
after written acceptance by the City of the Additional Services Proposal.
1.5.2 Upon acceptance by the City, each Additional Services Proposal and the services
performed by Project Architect pursuant to such Additional Services Proposal shall become part
of this Agreement and shall be subj ect to all the terms and conditions of this Agreement, as fully
and completely as though the same had been included in this Agreement as a Basic Service at the
original execution of this Agreement but subject to the increase in fees payable to the Project
Architect resulting therefrom pursuant to Article 9.2 of this Agreement.
1.6 TIME
Project Architect shall perform all of Project Architect's services described herein as
expeditiously as is consistent with (1) the degree of professional skill and care defined herein, (2)
the orderly progress of such services, and (3) conformance with the schedules described herein
so that the desired development and construction schedule for the Project shall be maintained.
Project Architect shall at all times provide sufficient personnel to accomplish Project Architect's
services within the time limits set forth in the schedules described herein. The Project Architect
shall coordinate with the Construction Manager in the preparation and maintenance of the
schedule for performance of the professional services for the Project, including the Project
Architect's services. Changes in this schedule may be made only with the written approval of
the City and the Project Architect. Project Architect shall perform all of its services in
accordance with the then-current schedule approved by the City and the Project Architect. This
schedule may not be exceeded by Project Architect. Notwithstanding anything contained in this
Agreement to the contrary, in the event the City shall fail to provide the Project Architect with
written approval as to the acceptance of the completion of the Project Architect's services with
respect to any particular phase within 15 business days of the Project Architect's submission of
all documents prepared by the Project Architect with respect to said phase, then the City shall be
automatically deemed to have accepted such services and documents, and the Project Architect
may commence services with respect to the subsequent phase.
Page 16 of36
ARTICLE 2
THE CITY'S RESPONSIBILITIES
2.1 The City and the Project Architect will mutually agree in writing to a Project Description at
the end of the Schematic Design Phase which Description will be attached hereto as Exhibit 2 at
said time. The Project Description will set forth the City's description of the project scope,
preliminary project cost, schedule, criteria for design objectives, char;;tcteristics and constraints,
space requirements and relationships, site requirements, and desired special components, systems
and equipment.
2.2 The City, at its cost, will secure the services of surveyors and soils engineers.
2.3 If the City observes or otherwise acquires actual knowledge of any design fault or defect in
the Project or conflict in the Contract documents, written notice thereof will be given by the City to
the Project Architect, however, the City shall have no obligation or duty to investigate whether
such faults, defects, or conflicts exist.
2.4 The City will review the Project Architect's design at the completion of Schematic Design
and Design Development and at completion of the stages of Construction Documents as described
in Article 13. Comments concerning corrections or amendments to the plans and specifications
will be furnished in writing to the Project Architect as promptly as possible after receipt of the
. documents for review. The City may require the Project Architect to halt production during design
review.
2.5 The City shall furnish required information and services and shall render approvals and·
decisions as expeditiously as necessary for the orderly progress of the Project Architect's services
and of the Work.
2.6 The City shall furnish one or more Construction Inspectors who shall be responsible for
detailed inspection of the Work, consisting of close, on-site examination of the materials, structure
and equipment; and surveillance of the workmanship and methods used to insure that the Project is
reasonably accomplished in accordance with the Contract Documents and good construction
practices. Written reports by the City's Construction Inspectors shall be copied to the Project
Architect.
ARTICLE 3
CONSTRUCTION COST LIMITATION --DEFINITION
3.1 The Construction Cost Limitation shall be the total cost of all elements of the proj ect,
including all alternate bids or proposals, designed and specified by the Project Architect to be
determined by mutual written agreement of the City and the Project Architect upon completion of
the Schematic Design Phase.
Page 17 of36
'. '~'
3.2 The Construction Cost Limitation shall include at current market rates, including a
reasonable estimated allowance for overhead and profit, the estimated cost of labor and materials
furnished to the City and any equipment which has been shown in the plans, specified, and
specially provided for by the Project Architect.
3.3 The Construction Cost Limitation does not include compensation to the Project Architect
and the Project Architect's consultants, or other costs which are the responsibility of the City as
provided in Article 2.
ARTICLE 4
PAYMENTS TO THE PROJECT ARCHITECT
4.1 PAYMENTS ON ACCOUNT OF'BASIC SERVICES
4.1.1 The Project Architect shall submit to the City monthly invoices for fees in
proportion to services rendered within each phase of the services as demonstrated by the
instruments of service on the basis set forth in Article 9 along with reimbursable expenses. The
City shall pay each monthly invoice submitted by the Project Architect in accordance with the
preceding sentence within thirty (30) days of the date of receipt of such invoice. Any invoiced
amount which remains unpaid more than thirty (30) days from the date of the subject invoice shall
accrue interest at the lower of (a) 18% per annum or (b) the highest interest rate allowable under
applicable law. All such interest which accrues pursuant to the preceding sentence shall be due
and payable by the City immediately upon demand by the Project Architect.
4.1.2 The City, notwithstanding any provision in this Agreement, shall not be obligated
to make any payment (whether a progress payment or final payment) to Project Architect if any
one or more of the following conditions exist: .
4.1.2.1 Project Architect is in breach or default under this Agreement;
4.1.2.2 Any part of such payment is attributable to services which are not
performed in accordance with this Agreement; provided, however, such payment shall be made
as to the part thereof attributable to services which were performed in accordance with this
Agreement;
4.1.2.3 Project Architect has failed to make payments promptly to consultants or
other third parties used in connection with the services for which the City has made payment to
Project Architect; or
4.1.3 No partial payment made hereunder shall be, or shall be construed to be, final
acceptance or approval of that part of the services to which such partial payment relates, or a
release of Project Architect of any of Project Architect's obligations hereunder or liabilities with
respect to such services.
Page 18 of36
4.1.4 Project Architect shall promptly pay all bills for labor and material performed and
furnished by others in connection with the performance of the services.
4.1.5 The acceptance by Project Architect or Project Architect's successors of final
payment under this Agreement, shall constitute a full and complete release of the City from any
and all claims, demands, and causes of action whatsoever which Project Architect or Project
Architect's successors have or may have against the City under the provisions of this Agreement
except those previously made in writing and identified by Project Architect as unsettled at the
time of the final request for payment.
4.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Project Architect's Additional Services as defined in Paragraph
1.6 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon
presentation of the Project Architect's valid statement of services rendered or expenses incurred
approved by the City.
4.3 PAYMENTS WITHHELD
No deductions shall be made from the Project Architect's compensation on account of
liquidated damages or other sums withheld from payments to contractors, or on account of the cost
of changes in the Work other than those for which the Project Architect may be liable.
4.4 PROJECT SUSPENSION OR TERMINATION
If the Project is suspended or abandoned in whole or in part for more than two months, the
Project Architect shall be compensated for all services performed prior to receipt of written notice
from the City of such suspension or abandonment, together with Reimbursable Expenses then due.
If the Project is resumed after being suspended for more than two months, the Project Architect's
compensation shall be equitably adjusted but not decreased if, in the City's reasonable opinion,
such adjustment is warranted provided that the Project Architect shall be entitled to receive
sufficient compensation for all re-start-up costs and fees subject to the Project Architect providing
a breakdown of the re-start up costs and subject to the approval by the City.
ARTICLES
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional
Services and include actual out-of-pocket reasonable expenditures made by the Project Architect
and the Project Architect's employees and consultants incurred solely and directly in connection
with Project Architect's performance of its services hereunder for the following expenses:
5.1.1 Professional models and renderings included in Article 13 ..
Page 19 of36
5.1.2 Reproductions, printing, binding, collating and handling of reports, and drawings
and specifications or other project-related work product, other than that used solely in-house for
Project Architect and its consultants, as required by Subparagraphs 1.3.4 and 1.3.5.
5.1.3 Shipping or mailing of all reports, drawings, specifications, and other items in
connection with the Project. . .
5.1.4 Expense of any additional insurance coverage or limits, excluding professional
liability and errors and omis$ions insurance required under Basic Services of this contract,
requested by the City in excess of that normally carried by the Project Architect and the Project
Architect's consultants.
5.2 The. City shall not pay a mark-up on such reimbursables. Architect shall submit receipts
for all reimbursable expenses along with any reimbursement request which shall be included
with the monthly invoices.
ARTICLE 6
PROJECT ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and
. services performed on the basis of a Multiple of Direct Salary Expense shall be kept on the basis of
Generally Accepted Accounting Principles and shall be available to the City or the City's
authorized representative at mutually convenient times for a period of at least three (3) years after
final completion of the Project. The City shall have the right to verify the details set forth in
Project Architect's billings, certificates, and statements, either before or after payment therefore,
by (1) inspecting the books and records of Project Architect during normal business hours; (2)
examining any reports with respect to this Project; (3) interviewing Project Architect's business
employees; (4) visiting the Project site; and (5) other reasonable action.
ARTICLE 7
OWNERSHIP AND USE OF DOCUMENTS
For purposes of this Article 7, the term "Project Documents" shall include all work
product given, disclosed, created, developed or prepared by the Project Architect or its
representatives or consultants in connection with the services provided by the Project Architect
pursuant to this Agreement and all derivative works thereof, including without limitation all
drawings and specifications, architectural documents and any and all tangible expressions of any
ideas or concepts, drawings, plans, schedules, specifications, architectural presentation drawings,
models, CAD data files, computer data, test data, survey results, models, perspective renderings,
sketches, architectural site plan views, reports, recommendations, analyses, and other
information, data, backup files and materials in any medium whether now in use or hereinafter
developed upon which such materials were prepared or stored, developed or prepared by the
Project Architect or its representatives or consultants in connection with its services hereunder.
Page 20 of36 .
Notwithstanding anything contained in this Agreement to the contrary, all Project Documents,
and all title, ownership, copyrights and other proprietary rights pertaining thereto, including,
without limitation, the rights to use, copy, reproduce, display, modify and make derivatives
thereof, and all other common law, statutory and other reserved rights pertaining thereto, shall be
and remain the sole property of the Project Architect; provided, however, that the Project
Architect hereby licenses to the City, on a perpetual non-exclusive basis, the right to use the
Project Documents for the sole purpose of completing, repairing and refurbishing the Project
contemplated by this Agreement, which license shall be deemed automatically revoked upon the
City'S failure to pay Project Architect any or all sums of money due and owing to Project
Architect pursuant to the terms of this Agreement on or before the due date(s) thereof.
ARTICLES
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon thirty days' written notice should
the other party fail substantially to perform in accordance with its terms through no fault of the
party initiating the termination and such failure is not fully cured prior to the expiration of such
thirty day period; provided however, that the Project Architect may terminate this Agreement at
any time upon written notice to the City in the event that (a) any payments due and owing to the
Project Architect under this Agreement shall not be received by the Project Architect on or before
. the due date of such payment, or (b) the project contemplated by this Agreement shall be
suspended or abandoned by the City for more than two consecutive months. Nothing contained
herein shall be construed so as to negate or otherwise limit the Project Architect's right to enforce
or exercise any or all other remedies available to the Project Architect under this Agreement or
applicable law in the event the City.shall default in any of its obligations under this Agreement.
8.2 This agreement may be terminated by the City upon at least seven days' written notice to
the Project Architect in the event that the Project is to be temporarily or permanently abandoned.
8.3 In the event of termination of this Agreement by either party, the Project Architect shall be
compensated for all services satisfactorily performed to the termination date, together with
approved Reimbursable Expenses then due, provided Project Architect shall have delivered to the
City such statements, accounts, reports and other materials as required by Paragraph 8.5 below.
8.4 A termination under this Article 8 shall not relieve Project Architect or any of its
employees of liability for violations of this Agreement, or any gross negligent act, error or
omission of Project Architect. The provisions of Article 7 hereof shall survive the termination of
this Agreement.
8.5 As of the date of termination of this Agreement, Project Architect shall furnish to the City
all statements, accounts, reports and other materials as are required hereunder.
Page 21 of36
: ,'v,'
ARTICLE 9
BASIS OF COMPENSATION
The City shall compensate the Project Architect for the Scope of Services provided, in
accordance with Article 4, Payments to the Project Architect, and the other Terms and Conditions
of this Agreement, as follows:
9.1 BASIC COMPENSATION
9.1.1 The total Basic Compensation shall be established as follows:
9.1.1.1 For Basic Schematic Design Phase Services, as described in Article 1.1 for
the Schematic Design Phase the Project Architect shall be paid the lump sum fee of $86,800 to be
invoiced in monthly installments as per Article 4 of this Agreement.
9.1.1.2 For the total Basic Services as described in Article 1 (including the lump
sum fee for the Schematic Design Phase Services as per Article 9 .1.1.1 above) and any other
service included in Article 13 as part of Basic Services Basic Compensation shall be a lump sum
amount equal to 7.2% the Construction Cost Limitation.
9.1.2 Payments for Basic Services shall be made as provided in Subparagraph 4.1.1, so
that Basic Compensation for each Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Construction Phase:
Post construction administration:
Lump Sum Fee as per Article 9.1.1.1
40%
75%
98%
100%
9.1.3 The City and the Project Architect agree in accordance with the Terms and
Conditions of this Agreement that if the scope of the Project or description of the Project
Architect's Services is changed materially, the amounts of compensation shall be equitably
adjusted.
9.2 COMPENSATION FOR ADDITIONAL SERVICES
9.2.1 FOR ADDITIONAL SERVICES OF THE PROJECT ARCHITECT AND
CONSULTANTS, as described in Paragraph 1.6, as part of Additional Services, Compensation
shall be computed as a pre-established lump sum amount.:
9.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those provided under Paragraph 1.6,
Page 22 of36
as part of Additional Services, compensation shall be computed as described in 9.2.1 above forthe
consultant.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The City and the Project Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, permitted successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. This Agreement is a personal service contract for the services of
Project Architect, and Project Architect's interest in this Agreement, duties hereunder and/or fees
due hereunder may not be assigned or delegated to a third party. The benefits and burdens of this
Agreement are, however, assignable by the City.
ARTICLE 11
EXTENT OF AGREEMENT
This Agreement supersedes all prior agreements, written or oral, between Project Architect
and the City and shall constitute the entire Agreement and understanding between the parties with
respect to the subject matter hereof. This Agreement and each of its provisions shall be binding
< upon the parties and may not be waived, modified, amended or altered except by a writing signed
by the City and Project Architect.
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1 Captions. The captions of paragraphs in this Agreement are for convenience only and shall
not be considered or referred to in resolving questions of interpretation or construction.
12.2 Governing Law. This Agreement and all of the rights and obligations of the parties and all
of the terms and conditions under this Agreement shall be construed, interpreted and applied in
accordance with and governed by and enforced under the laws of the State of Florida.
12.3 Waivers. No delay or omission by either of the parties hereto in exercising any right or
power accruing upon the non-compliance or failure of performance by the other party hereto of any
of the provisions of this Agreement shall impair any such right or power or be construed to be a
waiver thereof A waiver by either of the parties hereto of any of the covenants, conditions or
agreements hereof to be performed by the other party hereto shall not be construed to be a waiver of
any subsequent breach thereof or of any other covenant, condition or agreement herein contained.
12.4 Severability. In case any provision hereof shall, for any reason, be held invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision
Page 23 of36
hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not
been included herein.
12.5 Independent Contractor. Project Architect recognizes that Project Architect is engaged as
an independent contractor and acknowledges that the City shall have no responsibility to provide
Project Architect or its employees with transportation, insurance or other fringe benefits
normally associated with employee status. Project Architect, in accordance with Project
Architect's status as an independent contractor, covenants and agrees that Project Architect shall
conduct Project Architect's Services consistent· with such status, that Project Architect will
neither hold Project Architect out as nor claim to be an officer, partner, employee or agent of the
City by reason hereof, and that Project Architect shall not make any claim, demand or
application to or for any right or privilege applicable to an officer, partner, employee or agent of
the City, and that Project Architect shall not make any claim, demand or application to or for any
right or privilege applicable to an officer, partner, employee or agent of the City, including, but
not limited to, unemployment insurance benefits, social security coverage or retirement benefits.
Project Architect hereby agrees to make Project Architect's own arrangements for any of such
benefits as Project Architect may desire and agrees that Project Architect is responsible for all
income taxes required by applicable law.
12.6 Hold Harmless, Indemnification and Waiver of Liability. The Project Architect shall not
commence work on this Agreement until he/she has obtained all insurance coverage required by the
City. The Project Architect shall defend, indemnify and save the City harmless from any claims,
liability, losses and causes of actions, arising out of a willful or unlawful act(s), or any gross
negligent act(s) error or omission(s), of the Project Architect or hislher subconsultants, incident to
the performance ofthe Project Architect's professional services under this Agreement.
In reviewing, approving or rejecting any submissions or acts of the Project Architect or
hislher subconsultants, the City does not assume or share any of the responsibility or liability for the
Project Architect or hislher subconsultants, the registered professional (architects and/or engineers)
under this Agreement.
Pursuant to the provisions of Florida Statute Section 725.06, the parties agree that 1 % (one
percent) of the contract price represents specific consideration to the Project Architect for the
indemnification set forth in this contract. The Project Architect, in consideration of the foregoing,
agrees to indemnify the City for any damages to persons or property caused in part or in whole by
any act, omission, or default of the Project Architect arising from the contract or its performance.
Pursuant to the requirements of Section 725.06, the limit of such indemnification shall be one (1)
million dollars.
12.7 Codes, Ordinances and Laws. The Proj ect Architect agrees to abide and be governed by all
duly promulgated and published Federal, State, County, and City codes, ordinances and laws in
effect at the time of design which have a direct bearing on the work involved on this project. The
Project Architect is required to complete Public Entity Crimes Affidavit form (attached) pursuant to
Florida Statute 287. 133(3)(a).
Page 24 of36
t· "
12.8 Notices. All notices, consents, approvals, demands, requests or other communications
provided for or permitted to be given under any of the provisions of this Agreement shall be in
writing and shall be deemed to have been duly given or served when delivered by hand delivery or
when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
(1) If to the City:
(2) With Copies to:
Charles Scurr,
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Earl G. Gallop,
City Attorney
City of South Miami
Nagin Gallop Figueredo, P.A.
3225 Aviation Avenue, Third Floor
Miami, Florida 33133
Mark Richman
Mark Richman Properties, Inc.
18500NE 5th Avenue
North Miami Beach, FL 33160
(3) If to Project Architect: Bernardo Fort-Brescia,
Principal
Arquitectonica International Corporation
550 Brickell Avenue, Suite 200
Miami, Florida 33131
(4) or to such other person or address as may be given in writing by either party
to the other in accordance with the aforesaid.
12.9 Attorneys' Fees. In the event an arbitration, lawsuit, action or other proceeding is
brought by any party under this Agreement to enforce any of its terms, or in any appeal
therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys' fees to
be fixed by the arbitrator, trial court, and/or appellate court as the case may be.
12.10 Waiver of Consequential Damages. The City and the Project Architect hereby waive
claims against each other for consequential damages arising out of or relating to this Agreement.
This mutual waiver includes, without limitation: (a) damages incurred by the City for rental
expenses, for losses of use, income, profit, financing, business and reputation, and for loss of
management or employee productivity or of the services of such persons; and (b) damages
incurred by the Project Architect for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
Page 25 of36
except anticipated profit arising directly from the Basic Services to be provided by the Project
Architect hereunder.
12.11 The Project Architect shall not be required to proceed from one Design Phase to the next
until the City has provided written approval of the Documents produced during the preceding
Phase. Notwithstanding the foregoing, if the City's approval has not been communicated to the
Project Architect within fifteen (15) business days after the Project Architect's presentation at the
completion of any Phase the Project Architect may, at its discretion, proceed with the next Phase in
order to maintain the Schedule. Material revisions to Documents which are necessary because of
the City's failure to provide timely comments or approvals after the Project Architect's presentation
at the end Phase shall be charged to the City as an Additional Service.
12.12 The Project Architect shall have no responsibility for or liability in connection with the
discovery, presence, handling, containment, removal or disposal of or exposure of persons to .
asbestos, asbestos products, poluchlorinated biphenyl (PCB) or other toxic substances
(collectively, "Hazardous Materials") in any form at the Project site. If the Project Architect
encounters or otherwise becomes aware of the presence of Hazardous Materials, the Project
Architect shall notify the City immediately, orally and in writing of the condition. The City shall
thereafter engage properly qualified experts and contractors to evaluate the Hazardous Materials
and provide for their removal or containment. The City shall indemnify, hold harmless and
defend the Project Architect and its employees and consultants from any claims, causes of action,
costs or expenses, including attorneys fees, arising out of or relating to the presence of
Hazardous Materials at the Project site. The provisions of this paragraph shall survive
termination of this Agreement.
12.13. The Project Architect shall not be responsible for delays resulting from: (1) acts,
omissions to act, or failure to act in a timely manner by the City, the Construction
Manager/Contractor, subcontractor and their respective agents and employees; (2) "Force
Majeure Events" which shall include, but not be limited to, acts of God; strikes, lockout or other
labor disturbances; civil unrest; embargoes; shortage or unavailability of materials or labor; and
unforeseen changes in applicable laws or regulations; (3) any other matters beyond the
reasonable control of the Project Architect. In such an event, the Schedule may be adjusted by
agreement of the parties to compensate for the effect to such delays.
12.14 The City agrees to include in the Construction Contract a proVISiOn obligating the
Construction Manager/Contractor to indemnify, hold harmless and defend the Project Architect
from and against all claims, causes of action, damages and expenses, including attorneys fees,
arising out of injury or death to persons or damage to property to the extent caused by acts or
omissions of the Contractor, its subcontractors, suppliers and anyone for whose acts they may be
held legally responsible.
12.15 If the City is required to provide any approval under this Agreement, such approval shall
only apply to the City'S proprietary capacity as a party to this Agreement and shall not be
construed as a regulatory approval in the City'S capacity as a municipality.
Page 26 of36
12.16 The Project Architect's liability to the City for claims arising out of the Architect's
services in connection with any Project shall not exceed the amount of the Architect's policy
limits as set forth in Exhibit 3 of this Agreement.
12.17 Prior to the release of any electronic files of the Project Architect's instruments of
services to the City and any of its consultants or named parties, the City shall sign a Drawing
R~lease Letterthe format of which is set forth in Exhibit 5, attached hereto.
ARTICLE 13
OTHER CONDITIONS OR SERVICES
The City and Project Architect hereby agree to the full performance of the covenants contained
herein.
13.1 The Project Architect's Basic Services are those services described in paragraphs L 1
through 1.5 for which compensation is provided as Basic Compensation in this Agreement and
shall include:
a. Architectural Services
b. . Landscape Architectural Services
c. Civil Engineering Services
d. Structural Engineering Services
e. Mechanical Engineering Services
f. Electrical Engineering Services
g. Plumbing Engineering Services
h. Parking Consultant
1. Cost Estimator/Scheduler
13.2 The Project Architect shall submit documents to the City for review at completion of the
Schematic Design Phase, Design Development Phase and at the following stages of completion
of the Construction Documents Phase as follows:
Schematic Design:
Design Development:
Construction Documents:
75% and 100% submittals
75% and 100% submittals
50%, 75%, 95% and 100% submittals
13.2.1 The Project Architect shall submit construction cost estimates as described in
Article 1.0.11 at completion of the Schematic Design Phase, Design Development Phase and at
the following stages of completion of the Construction Documents Phase:
Schematic Design:
Design Development:
Construction Documents:
75% and 100% submittals
75% and 100% submittals
50%, 75%,95% and 100% submittals
Page 27 of36
13.3 The Project Architect, at its expense, shall furnish and deliver to the City for the City's
review, the following number of sets of documents, with the cost and expense of any additional
requested sets or sets larger than those estimated below to be reimbursed as per Article 5:
Schematic Design:
·Uesign Development:
Construction Documents:
4 sets for 75% and 100% submittals
4sets for 75% and 100% submittals
4 sets for 50%, 75%, 95% and 100% submittals
The four sets shall be distributed as per the following:
-City will receive 2 sets.
-Mark Richman will receive 1 set.
-Construction Manager will receive 1 set.
IN WITNESS WHEREOF, the City and Project Architect have executed and delivered this
Agreement as a sealed instrument as of the date first above written.
OWNER:
CITY OF SOUTH MIAMI
By:
Name: Charles Scurr,
Title: City Manager
PROJECT ARCHITECT:
ARQUITECTONICA INTERNATIONAL
CORPORATION
Page 280f36
By:
Name: Bernardo Fort-Brescia
Title: Principal
.. ..
JOINDER
The undersigned properly owner MRP Properties, Inc. the adjacent property owner who
will participate in and benefit from the design and development of the Parking Structure on the
City owned· and adjacent property agrees to be bound by the terms and conditions of this
Agreement pertaining to the services to be provided by the Project Architect.
MRP PROPERTIES, INC.
Mark Richman
Page 29 of36
III
EXHIBIT 1
PROJECT NEEDS DESCRIPTION
1. Four story structure
2. Parking and retail on the ground floor.
3. Parking on the second, third, and fourth floors and the roof.
4. a) Retail Bays should be laid out and dimensioned in a manner so as to delineate the
two property ownership.
b) There will be approximately 9,000 square feet of retail space on the MRP property
and 11,345 square feet on the City property.
c) The retail space should have 14 feet of clear space to the underside of structure.
d) Bays will have individual electric, plumbing, life-safety provisions and air
conditioning.
5. At the rear of the retail building there will be a sidewalk, between the rear wall and
the parking spaces, providing access to the rear doors of the retail bays.
6. There will be approximately 350 to 400 parking spaces.
a) The parking floors should have a minimum of 8 feet of clear space, clear of light
fixtures, sprinklers, etc.
b) All dimensional requirements including turning radii must be generous to provide a
user-friendly garage.
c) Parking will be metered or decaled.
d) Parking levels should be open, airy and well lit.
e) Adequate security measures should be incorporated in the floor plan.
7. Accommodations will be made for delivery trucks.
8. There will be a common trash room for the building.
9. There will be common functional exterior lighting for the building.
Page 30 of36
EXHIBIT 2
PROJECT DESCRIPTION AND TIME FRAMES
To be confirmed in writing at the completion of the Schematic Design Phase by mutual
agreement of the City and the Project Architect
Page 31 of36
",
Types of required insurance.
EXHIBIT 3
SCHEDULE 1
Project Architect shall procure and maintain the following:
Commercial General Liability Insurance $1,000,000 per occurrence.
Umbrella Liability Insurance
Professional Liability (Errors and Omissions)
$3,000,000.
$1,000,000
Workman's Compensation In compliance with Fla. Stat. § 440.
Employer's Liability Insurance $500,000
* All policies shall be written by insurance companies that have a best's rating of B+ or better
(
Page 32 of36
.. .
EXHIBIT 4
NAMES OF SENIOR PRINCIPAL AND PROJECT TEAM MANAGER
NAMES OF PROJECT ARCHITECT'S CONSULTANTS
STANDARD BASIC SERVICE CONSULTANTS:
-Project Architect: Arquitectonica International Corporation (ARQ):
-Principal-in-Charge: Bernardo Fort-Brescia, F AlA
-Project Team Manager: Anne Cotter, AlA
-Project Design Architect: lenifer Briley, AlA
-Structural Engineer: Donnell Duquesne Albaisa, P.A.
-MechanicaliElectrical/Plumbing/Life-Safety Engineer: Tilden Lobnitz Cooper
-Civil Engineer: Consul-Tech Engineering, Inc.
-Traffic Engineer: Consul-Tech Engineering, Inc.
-Landscape Architect: Curtis & Rogers Design Studio, Inc.
-Parking Consultant: Walker Parking Consultants
-Cost Estimator/Scheduler: Hanscomb Inc.
Page 33 of36
!
I
\'
!
.'
... ..
EXHIBIT 5
ADDITIONAL SERVICES PROPOSAL FORM
~ ______ ~ __________ ,20 __
Re:
Gentlemen:
Please refer to the Agreement dated 20 between
_________________________ (the "City") and the undersigned ("Project Architect") as
amended to the date hereof (such agreement as so modified and amended being hereafter called
the "Agreement") pursuant to which Project Architect is to perform certain services. The terms
which are defined in the Agreement shall have the same meanings when used in this letter.
1. The City has requested the performance of the services described below which
Project Architect deems to be Additional Services.
(Description of Services.)
2. Project Architect agrees to perform the Additional Services described above
subject to and in accordance with the terms and provisions of the Agreement for a fee which will
be . determined in accordance with the Agreement but which will not exceed
_____________________ Dollars ($ ) and for reimbursement of expenses
in accordance with the Agreement incurred solely in connection with the performance of such
Additional Services, but which reimbursement for expenses will not exceed
_________ Dollars($ ).
3. Project Architect will perform the services in accordance with any schedule
attached hereto (attach schedule if applicable), but in any event not later than ______ _
( ) days after Project Architect is authorized to proceed.
Page 34 of36
..
¥
If the foregoing is acceptable to you, please so execute by signing the enclosed copy of
this letter at the space provided for this purpose and by inserting the date upon which Project
Architect is authorized to commence performance of the Additional Services described in
Paragraph 1 above.
Sincerely yours,
[PROJECT ARCHITECT]
By:
Name:·
Title:
Accepted this day of , 20 Project
Architect is authorized to commence performance of the Additional Services on ____ , 20
CITY OF SOUTH MIAMI
By:
Name:
Title:
Page 35 of36
(Date)
Mr. Charles Scurr, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
EXHIBIT 6
DRAWING RELEASE FORM
Re: The City of South Miami Parking Garage and Retail Development
Electronic Drawing File Distribution ("drawings")
(Recipient of files)
Dear Mr. Scurr:
You requested on the behalf of (recipient), the release of the following electronic architectural drawing
files: O. These "drawings" will be sent via e-mai[
It is acknowledged that these "drawings" are not meant to be used as Contract Documents. Accordingly,
while the City of South Miami may use these "drawings" solely in connection with the City of South
Miami Parking Garage project, ARQ takes no responsibility for their accuracy or completeness.
The City of South Miami recognizes that changes or modifications to ARQ's instruments of professional
service introduced by anyone other than ARQ may result in adverse consequences in which ARQ can
.neither predict nor control. Therefore, and in consideration of ARQ's agreement to deliver its "drawings"
in machine readable form, the City of South Miami agrees to the fullest extent permitted by law to hold
harmless and indemnify ARQ from and against all claims, liabilities, losses, damages, and costs
including, but not limited to attorneys' fees arising out of or in any other way connected with the
modifications, misinterpretation,use, misuse, or reuse by the contractor or other of the "drawings"
provided by ARQ under this agreement. The foregoing indemnification applies, without limitation, to
any use of the project documentation on other projects, for additions to this project or for completion of
this project by others, excepting only such use as may be authorized, in writing, by ARQ.
These "drawings" may be distributed by the City of South Miami only to (recipient). Prior to distribution
to other subcontractors/consultants of the City of South Miami Parking Garage project, the City of South
Miami shall notify ARQ in writing. The City of South Miami shall bind all
subcontractors/consultants/suppliers to whom it shall provide these "drawings" to all of the conditions set
forth herein.
ARQ retains full ownership and copyright of the attached "drawings" and ARQ's making these
"drawings" available to the City of South Miami's or the City of South Miami's consultant is in no way
intended to diminish any of ARQ's ownership rights. These "drawings" are furnished solely for use by
the City of South Miami and the designated consultants of the City of South Miami Parking Garage
project and the information contained in these "drawings" may not be used or reproduced on any other
projects or for any other purposes without ARQ's prior written consents.
Sincerely,
Anne Cotter
Proj ect Manager
City of South Miami Date:
Page 36 of36