Loading...
2011-65RESOLUTION NO. 2011 -65 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND PGAL ARCHITECTS TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT THE CITY'S GOVERNMENT CENTER PARKING EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement ( the " Agreement" ), in substantially the form attached hereto, between the City of Aventura and PGAL Architects to perform architectural and engineering services to plan, design and permit the City's Government Center Parking Expansion Project in accordance with RFQ No. 11- 9 -21 -2. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution and the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Joel, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg absent Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes Resolution No. 2011 -65 Page 2 PASSED AND ADOPTED this 17th day of November, 2011. usan Gottlieb, Mayor ATTEST: Asa M. or ka, NIMC Clerk Approved as to Form and Legal Sufficiency: City Attorney EXHIBIT A SCOPE OF WORK GOVERNMENT CENTER PARKING EXPANSION PROJECT DESCRIPTION The project consists of a new parking structure adjacent to City Hall and will replace a portion of the existing surface lot. The existing lot primarily serves visitors, City staff and Police and an undetermined number of spaces will need to be maintained throughout construction. It is envisioned that the new structure will contain approximately 200 spaces or as many as feasible for the Final Construction Budget. Current budget is $2,175,000, but may be adjusted slightly by the City at their discretion. An existing Police Vehicle Fueling and Maintenance Area is to be retained on site. Project is anticipated to be competitively bid. SERVICES Basic Services include architectural, structural, mechanical, electrical, plumbing, fire protection (if required), landscape, and civil engineering. Optional or Supplemental Services are identified in Exhibit B. Services will be broken down into two major components: 1) Pre - Design and 2) Basic Services. The Pre - Design Phase will consist of site analysis (including survey update, existing utilities, easements, fueling and zoning), preliminary concept options (including two or more levels of parking), analysis of cast-in- place vs. pre -cast construction, rough- order - magnitude cost estimates and a Final Concept. Basic Services Scope will be based on the approved Final Concept and fees for those services will be negotiated at that time. - SCHEDULE Survey update will be completed in fifteen (15) working days and Pre- Design Services will be completed in eighteen (18) working days for a total of thirty -three (33) working days after Notice -to- Proceed plus any interim review time required by the City. EXHIBIT B Government Center Parking Expansion Fee Distribution Pre - Design Phase Task % Gross Fee Security Design Basic Services Parking Access Controls 1 Site Analysis 20.0% $ 3,700 2 Prelim Concept Options 30.0% $ 5,550 3 CIP vs Pre -Cast Analysis 20.0% $ 3,700 4 ROM Cost Estimate 10.0% $ 1,850 5 1 Final Concept 20.0% $ 3,700 Record as -built Drawings Total Pre - Design 100% $ 18,500 Basic Services Phase Task % Gross Fee Security Design Basic Services Parking Access Controls 1 Schematic Design 15.0% TBD 2 Design Development 20.0% 3 Construction Documents 35.0% Geotechnical Eng 4 Permits, Bid & Award 5.0% TBD 5 Construction Administration 25.0% Record as -built Drawings Total Basic 100% TBD Optional /Supplemental Services Task Gross Fee Security Design TBD Parking Access Controls TBD Cost Estimating TBD Signage & Graphics TBD Survey $ 6,500 Geotechnical Eng TBD Threshold Inspections TBD Marketing Materials TBD Record as -built Drawings TBD Total Supplemental $ 6,500 Expenses (estimated for pre- design only) 1 $ 1,000 TOTAL S 26,000 ARCHITECT'S SERVICES AGREEMENT This Architect's Services Agreement ( "Agreement ") is made as of the Seventeenth (17th) day of November in the year Two Thousand and Eleven (2011) by and between the CITY OF AVENTURA (`City "), 19200 w. Country Club Drive, Aventura, FL 33180 and PGAL, 791 Park of Commerce Boulevard, Suite 4400, Boca Raton, FL 33487 for the Aventura Government Center Parking Expansion adjacent to Government Center. The Owner and Architect agree as follows: TABLE OF ARTICLES 1. ARCHITECT'S RESPONSIBILITIES 2. OWNER'S RESPONSIBILITIES 3. OWNERSHIP OF DOCUMENTS/DELIVERABLES 4. APPLICABLE LAW AND VENUE; ATTORNEYS FEES AND COSTS 5. TERMINATION 6. COMPENSATION 7. MISCELLANEOUS PROVISIONS 8. DEFAULT r 9. SCOPE-OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: Replace the existing surface lot with a garage consisting of approximately 200 parking spaces, as more fully described in the RFQ #11-9-21-2, attached hereto and incorporated herein as Exhibit A. Survey and geotechnical information shall be obtained by Architect as supplemental services. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. 1 § 1.4 The Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. 1. General Liability $1,000,000. Each Occurrence 2. Automobile Liability $1,000,000. 3. Workers' Compensation $1,000,000. Each Accident 4. Professional Liability $5,000,000. Annual Aggregate § 1.6 The Architect shall indemnify and hold harmless the Owner, and its officers and employees, from liabilities, damage, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Architect and other persons employed or utilized by the Architect in the performance of the services under this Agreement. The Architect acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and also agrees with the collateral obligation of insuring said indemnity as set forth in this Agreement. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 The Owner shall assist Architect by placing at its disposal all available information for the specific Project. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. ARTICLE 3 OWNERSHIP OF DOCUMENTS/DELIVERABLES § 3.1 Unless otherwise provided by law, all finished or unfinished documents, including but not limited to detailed plans, drawings, surveys, maps, models, photographs, specifications, and all other data prepared for the Owner or furnished by the Architect pursuant to this Agreement shall become the property of the Owner, whether the Project for which they are made is completed or not, and shall be delivered by Architect to Owner within ten (10) calendar days after receipt of written notice requesting delivery of said documents. The Architect shall have the right to keep F4 one record set of the documents upon completion of the Project; however, in no event shall the Architect use, or permit to be used, any of the documents without the Owner's prior written authorization. Any reuse of such documents by the Architect without the Owner's written verification or adaptation by the Owner for the specific purpose intended will be at the Architect's sole risk. All subcontracts for the preparation of reports, studies, plans, drawings, specifications or other data entered into by the Architect for a specific project shall provide that all such documents and rights obtained by virtue of such contracts shall become the property of Owner. ARTICLE 4 APPLICABLE LAW AND VENUE; ATTORNEYS FEES AND COSTS This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Miami -Dade County, Florida. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver is a material contract term. This Agreement is not subject to arbitration. If any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. ARTICLE 5 TERMINATION § 5.1 Termination for Convenience: This Agreement may be terminated by the Owner for convenience upon thirty (30) calendar days' written notice to the Architect. In the event of such termination, any services performed by the Architect under this Agreement shall, at the option of the Owner, become the Owner's property, and the Architect shall be entitled to receive compensation for any work completed pursuant to this Agreement to the satisfaction of the Owner up through the date of termination. Under no circumstances shall Owner make payment for services that have not been performed. § 5.2 Termination for Cause: This Agreement may be terminated by either party upon five (5) calendar days' written notice to the other party should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event the Architect abandons this Agreement or causes it to be terminated by the Owner, the Architect shall indemnify the Owner against loss pertaining to this termination. In the event that the Architect is terminated by the Owner for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 5.1 and the provisions of Section 5.1 shall apply. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth in Exhibit B and below. 3 § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: 1. Transportation and authorized out -of -town travel and subsistence; 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 3. Owner authorized fees paid for securing approval of authorities having jurisdiction over the Project; 4. Printing, reproductions, plots, standard form documents; 5. Postage, handling and delivery; 6. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 7. Renderings, models, mock -ups, professional photography, . and presentation materials requested by the Owner; 8. All sales taxes levied on reimbursable expenses; 9. Other similar Project- related expenditures if authorized in writing by Owner. § 6.3 PAYMENTS TO THE ARCHITECT § 6.3.1 An initial payment of $0 shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.3.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice, which shall be subject to Owner's approval. § 6.3.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. 4 ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Architect warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Architect, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Architect, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, Owner shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. § 7.2 Signature of this Agreement by Architect shall act as the execution of a truth -in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the Owner determines the contract price was increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of this Agreement. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 5 § 7.7 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information, (4) as required by Chapter 119, Florida Statutes. ARTICLE 8 DEFAULT § 8.1 An event of default shall mean a breach of this Agreement by the Architect. Without limiting the generality of the foregoing and in addition to those instances referred to as a breach, an event of default shall include the following: § 8.1.1 Architect has not performed services on a timely basis; § 8.1.2 Architect has refused or failed, except in the case for which an extension of time is provided, to supply enough properly skilled Staff personnel; § 8.1.3 Architect has become insolvent or has assigned the proceeds received for the benefit of the Architect's creditors, or the Architect has taken advantage of any insolvency statute or debtor /creditor law or if the Architect's affairs have been put in the hands of a receiver; § 8.1.4 Architect has failed to obtain the approval of the Owner where required by this Agreement; § 8.1.5 Architect has refused or failed, except in the case for which an extension of time is provided, to provide the Services as defined in this Agreement. § 8.2 In the event Architect fails to comply with the provisions of this Agreement, the Owner may declare the Architect in default, notify the Architect in writing, and give the Architect a reasonable time to cure the default. In no event shall the time period for curing the defect exceed fifteen (15) business days unless otherwise agreed to by the parties. If the Architect fails to cure the default, compensation will only be for any completed professional services. In the event payment has been made for such professional services not completed, the Architect shall return these sums to the Owner within ten (10) days after notice that these sums are due. Nothing in this Section shall limit the Owner's right to terminate, at any time, pursuant to this Agreement. § 8.3 In an Event of Default, the Architect shall be liable for all damages resulting from the default, including but not limited to: § 8.3.1 lost funding, and § 8.3.2 the difference between the cost associated with procuring services and the amount actually expended by the Owner, including procurement and administrative costs. 6 § 8.4 The Owner may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the Owner. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The Owner's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the Owner in law or in equity. ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: 1. This Agreement including Exhibits A & B. 2. The RFQ # 11- 9 -21 -2 This Agreement entered into as of the day and year first written above. OWNER (Printed name and title) ARCHITECT (Signature) (Printed name and title)