2001-034 RESOLUTION NO. 2001-34
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION "EXHIBIT D" FOR
COMMUNITY/RECREATION CENTER PHASE II
ARCHITECTURAL AND ENGINEERING SERVICES BY
AND BETWEEN THE CITY OF AVENTURA AND
BERMELLO, AJAMIL & PARTNERS; 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
Work Authorization "Exhibit D" for Community/Recreation Center Phase Il Architectural
and Engineering Services by and between the City of Aventura and Bermello, Ajamil &
Partners.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Grossman, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert absent
Resolution No. 2001- 34
Page 2
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
PASSED AND ADOPTED this 5th day of June, 2001
/,,~E'F'~'FREY M. PERLOW~YOR
ATTEST:
TF_.~R,ESA M. ,?~O~A, cMc
CITY( CLERK ~...__~
APPROVED AS TO LEGAL SUFFICIENCY:
CiTY ATTORNEY
EX]~IIBIT D - PE[ASE ri WORK AUT]~ORIZATION
BASIC SCOPE OF WORK
1.0 BASIC SERVICES
The CONSULTANT'S Basic Services shall include normal architectural, structural, MEP
an civil engineering services for the design and engineering services for the
improvements. The Project which CONSULTANT shall design shall consist of a fully
functional Community/Recreation Center including related parking and landscaping.
PROJECT shall be generally consistent with the Phase I design, master plan and
conceptual Study results and consist of approximately 23,240 square feet of enclosed
building area and 12,404 square fee~ of covered walkways. If requested by the CITY the
PROJECT may include a raised running track to be located in the Gym.
1.1 SCItEMATIC PHASE
1.1.1 The CONSULTANT shall prepare from the approved Masterplan and
Conceptual Study Design Phase, for approval by the CITY, the Schematic Phase
Documents consisting of drawings and other documents to fix and describe the
character of the entire project as it relates to the architectural, structural,
mechanical, civil, landscaping, electrical disciplines, materials and such other
essentials as may be appropriate.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 The CONSULTANT shall prepare from the approved Schematic Design
Phase, for approval by the CITY, the Design Development Documents consisting
of drawings and other documents to fix and describe the character of the entire
project as it relates to the architectural, structural, mechanical and electrical
disciplines, materials and such other essentials as may be appropriate.
1.2.2 Consultant shall, in the design phase of the Project, identify with the
assistance of the City and Construction Manager all necessary permits and
approvals from governmental authorities which will be needed to construct the
Project. The Consultant shall assist the City in applying for all necessary permits
(said permit fees to be paid by the City). Consukant shall render such professional
services and advice to assist in obtaining said permits or only onsite for WASD,
DERM, I-IRS approvals. Such services shall be considered Basic Services under
this Contract provided that services, analysis, or tests which are not normally part
of the application process for a particular permit or approval shall be compensated
as Additional Services.
1.2.3 Design Development Phase at its completion, requires the Construction
Manager's approval of the Project's budget and drawings before proceeding to the
Construction Document Phase.
1.2.4 Additive alternatives to be identified by the Construction Manager at this
phase for Consultant to develop the necessary drawings within the approved
scope of work.
1.2,5 Adding a second story jogging track in the gym shall be an additive akernate
1.3 CONSTRUCTION DOCUMENTS PleASE
! .3.1 The CONSULTANT shall prepare Drawings and Specifications setting fo~h
in detail the requirements for the construction of the Project including the
necessary bidding information and assistance to the City in its completion of the
bidding forms to be provided by CITY, which includes such items as the
Conditions of the Contract, and the form of Agreement between the CITY and the
Comractor, to satisfy the requirements of the CITY'S Manager and City Attorney.
1.3.2 The CONSULTANT shall advise the CITY in reviewing o£any adjustments
to GMP or construction schedules indicated by the Construction Manager At Risk
as retained by the City of Aventura. G.M.P. and construction schedule to be
issued and approved by Construction Manager at 50% Construction documents.
1.3.3 The CONSULTANT shall arrange for and attend all necessary meetings,
provide permittable construction documents, and strive to resolve all problems
inherent to review and filing of the required documents for the approval and
permits of governmental authorities having jurisdiction over the project in order
to comply with the applicable regulations. The City's Community Development
Department shall assist to keep Consultant apprised of any pending code changes
that they are aware of during the design phase.
1.3.4 The CONSULTANT shall structure the construction plans in a manner to
include sufficient alternates for construction so as to strive to ensure that the bids
received will not exceed the funds available £or the Project.
1.3.5 Upon completion o£ the construction documents, the Consultant shall
furnish the City with a complete electronic copy o£ the construction documents,
including the plans and specifications. The electronic copy shall be in AutoCad
Release 12 or above format.
1.4 CONSTRUCTION PHASE
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.4.1 The Construction Phase will commence with the Notice of Commencement
and will terminate when the final application for payment is due the Contractor
(defined as the party awarded the contract to construct the Project) and is
approved by the City. This contract shall provide basic services during the entire
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construction phase, which time for completion will be established at a maximum
of 12 months in the contract for construction. If the contract for construction
exceeds the 12 month construction schedule the CONSULTANT shall be entitled
to additional compensation, subject to the City's prior approval, which shall not
be unreasonably withheld.
1.4.2 The CONSULTANT, as the representative of the CITY and as administrator
of the Contract during the Construction Phase, shall advise and consult with the
CITY and all of the CITY'S instructions to the Contractor shall be issued through
the CONSULTANT. The Consultant shall hold necessary pre-construction
meetings and other job progress meetings as necessary.
1.4.3 The CONSULTANT shall at all times have access to the Work wherever it
is in preparation or progress.
1.4.4 The CONSULTANT shall be in attendance at the site frequently enough to
familiarize himself with the progress and quality of the Work to determine if the
Work is proceeding in accordance with the Contract Documents. On the basis of
his on-site observations, the CONSULTANT shall use its best efforts to guard the
CITY against defects, deficiencies, and poor workmanship in the Work of the
Contractor. The CONSULTANT shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and
programs in connection with the Work. However, nothing herein contained shall
be construed to relieve the CONSULTANT of his obligation to ascertain to the
extent possible, to the best of his knowledge, through the exercise of due
diligence, whether work performed by the Contractor is in accordance with the
Contract Documents; the CONSULTANT shall immediately advise Contractor
and CITY when, in his opinion, such problems or any non-conforming work
occur. Consultant shall regularly keep City informed as to the progress and
quality of the work.
1.4.5 Based on such observations at the site and on the Contractor's Application
for Payment, the CONSULTANT shall determine the amount owing to the
Contractor, and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representation by the
CONSULTANT to the CITY based on the CONSULTANT'S observations at the
site and the data comprising the Application for Payment, that the Work has
progressed to the point indicated; that to the best of the CONSULTANT'S
knowledge, the quality of the Work is in accordance with the Contract
Documents, subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment; and that the Contractor is
entitled to payment in the amount certified.
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1.4.6 The CONSULTANT shall have the responsibility to recommend the
rejection of all Work which does not substantially conform to the Contract
Documents. He will have authority to request special inspection or testing of any
Work in accordance with the provisions of the Contract Documents whether or
not such Work be then fabricated, installed or completed. CITY will then have the
option of choosing the vendor to perform such testing or inspection services.
However, neither this authority of the Consultant nor a decision made in good
faith either to exercise or not to exercise such authority shall give rise to a duty or
responsibility of the Consukant to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing
portions of the Work.
1.4.7 The CONSULTANT shall review and approve or take other appropriate
action on shop drawings, samples, and other submissions of the Contractor for
conformance with the Design Concept of the Project and for compliance with the
information given in the Contract Documents.
1.4.8 The CONSULTANT shall evaluate all requests for Change Order and
prepare necessary Change Orders (for either increased compensation or time) in a
form acceptable to the City and review and make recommendations on all
requests for Change Orders made by Contractor. Consultant shall assist City in
any negotiations with Contractor relative to compensation required as a part of
any Change Order and shall also advise City regarding any changes necessary in
the construction time schedule.
1.4.9 The CONSULTANT shall conduct reviews to determine the Dates of
"Substantial Completion" and "Final Completion," shall receive and review
written guarantees and warranties and related documents assembled by the
Contractor, and shall issue a final Certificate for Payment.
1.4.10 At completion of construction, the CONSULTANT shall furnish and
deliver to the CITY, neatly arranged in a file, shop drawings, warranties, and
instruction literature furnished by the Contractor, etc., and also deliver to the
CITY, a reproducible set of construction drawings and electronic CADD files that
follow the CADD guideline standards issued by the CITY at the Schematic Phase,
the contractor shall furnish and deliver to the CITY marked set of as-built
drawings and conditions acceptable to the CITY. Consultant shall not be required
to furnish this information itself, but shall use its best efforts to obtain these
documents from Contractor and shall not approve final payment until they are
received.
1.4.11 All Consultant's actions shall be undertaken with such reasonable
promptness allowing Consultant sufficient time to conduct adequate review and
minimizing delay to the fullest extent possible.
1.4.12 As to the Contractor constructing the project, Consultant shall interpret and
decide matters concerning performance of the Contractor under the requirements
of the Construction Contract documents. Such interpretations shall be made with
reasonable promptness. The Consultant shall, within a reasonable time, issue
written decisions on all claims, disputes or other matters in question between the
City and the Contractor relating to the execution or progress of the Work as
provided in the Contract documents.
1.5 POST CONSTRUCTION EVALUATION
The Consultant shall assist in the inspection of the Project one (1) month before
expiration of the one-year construction warranty period and on one other occasion prior
thereto upon request of the City and report any defective work under the terms of the
guarantee/warranties required by the construction contract.
1.6 COMPENSATION
1.6.1 Compensation to Consultant for scope of services outlined in Exhibit "D",
shall be a lump sum in the amount of $444,000.00. Said lump sum amount shall
include all sub-consultants (and all others retained by Consultant) except those
indicated on Exhibit "E". In addition it shall include a reproducible color
rendering requested by City. Compensation shall be payable in the following
increments by phase:
Schematic Phase $ 44,400.00 (10 Percent)
Design Development Phase $111,000.00 (25 Percent)
Construction Document Phase $177,600.00 (40 Percent)
GMP Determination Phase $ 22,200.00 (05 Percent)
Construction and Post Construction Phase $ 88,800.00 (20 Percent)
Total $444,000.00
Consultant shall submit invoices monthly for the percentage of each phase
completed in the preceding month.
1.6.2 Reimbursable Expenses are in addition to compensation for Basic Services
and include reasonable expenses incurred by the Consultant in the interest of the
Project as identified in the following paragraphs:
Expenses in connection with authorized out of town travel, long distance
communications and permit fees advanced for securing approvals of authorities
having jurisdiction over the Project.
Expenses of reproductions, postage and handling of Drawings, Specifications and
other documents as requested by City.
Expense of models or additional renderings requested by the City.
1.7 SCHEDULE
1.7. ! The £ollowing time o£ performance for each phase of the Consultant service
excludes time for City or agency review of the Consultant's submissions.
Schematic Phase, Design Development & Construction Documents, including
permit review - 22 weeks from notice to proceed with construction documents.
Construction and Post Construction - Construction administration services shall
be provided for the entire period of construction. Basic services will be provided
for 13 months fi-om notice to proceed to contractor.
The Consultant shall use its best efforts to complete all phases prior to the time
periods set forth above and complete all phases of the project as expeditiously as
possible. Adherence to the schedule is based on the timely approval of drawings
and budget by construction manager.
1.8 COMPENSATION FOR ADDITIONAL SERVICES
City shall compensate Consultant for authorized additional services only and/or any other
alternates requested by the City of the Construction Manager that are not described in
1.2.5 for changes made by City (which are not the result of errors or omissions of
Consultant) and shall be based upon mutually agreed upon fee utilizing the hourly fees
outlined in Exhibit "B" The parties shall agree on Consultant's fee for additional services
consistent with this analysis.
Authorized Additional Services:
· Landscaping Services $41,000
· Civil and Shore Line Design, Construction Documents and Basic Construction
Administration $7,500
· Civil Permitting on Site for WASA, DERM ,HRS $2,500
· Civil Shoreline Permitting (I-Ioufly Basis)
CITY OF AVENTURA FLORIDA
Date: ~l~lYll~I ,~
/ /
APPROVED AS TO FORM
BERMELLO, AJAMIL & PARTNERS
By: ~~'
Date:
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