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97-027 RESOLUTION NO. 97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES WITH ARQUITECTONICA INTERNATIONAL CORPORATION TO PERFORM GOVERNMENT CENTER AND POLICE FACILITY NEEDS ASSESSMENT STUDY AS SET FORTH IN RFQ 97-1-21-2 IN THE AMOUNT OF $33,000; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement For Professional Architectural Services With Arquitectonica International Corporation to perform Government Center And Police Facility Needs Assessment Study as set forth in RFQ 97-1-21-2 in the amount of $33,000. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Rogers-Libert, who moved its adoption. The motion was seconded by Vice Mayor Berger, and upon being put to a vote, the vote was as follows: Councilmember Jay Beskin absent Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow yes Vice Mayor Patricia Rogers-Liber t yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes Resolution No. 97-27 Page 2 PASSED AND ADOPTED this 1st day of April, 1997. ARTHUR 1. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms CITY OF AVENTURA AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES TO PERFORM GOVERNMENT CENTER AND POLICE FACILITY NEEDS ASSESSMENT STUDY RFQ 97-1-21-2 THE AGREEMENT, made and entered into this ~ day of April, 1997, by and between the CITY OF AVENTURA, hereinafter referred to as "City" and Arquitectonica International Corporation, 550 Brickell Avenue, Suite 300, Miami, Florida 33131, a corporation, hereinafter referred to as "Architect." In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. The Architect shall perform a Government Center and Police Facility Needs Assessment Study which shall include the following tasks: a. Review the proposed project with City staff. b. Study routine operations as required in order to achieve a thorough understanding of the operation in the City. c. Identify and determine, for each distinct operational and/or program element, a set of specific space needs for both current and long-term projected (20 years) operations. This shall include staffing level studies (current and future), vehicle counts, traffic patterns, and space analysis. d. Determine the interaction/adjacency priorities of the operational e~ements. e. Determine current site needs, including evaluation of two proposed sites, and current and long-term parking after initial occupancy. f. Develop concept with site design that indicate all City operations in one building at one location or one facility for the Government Center and one facility for the police station. g. Develop concept with site design that would prove feasible and cost effective. h. Provide approximate construction and furnishings costs for the new facilities (not including site acquisition). i. Develop and personally present ten copies of the study report and schematic designs to the City. 2. COMPLETION OF SCOPE OF SERVICES. Architect shall complete the work required in the Scope of Services within ninety (90) days after execution of this Agreement. City shall respond to Architect's requests consistent with the project schedule and timetables. 3. FEES FOR SERVICES. a. The Architect shall be paid a lump sum fee of thirty-three thousand dollars ($33,000) which shall be paid as follows: At completion of interviews: $ 8,000 At presentation of final draft: $20,000 At presentation of final documents: $ 5,000 b. The Architect shall be reimbursed for reasonable and necessar7 expenses up to three thousand dollars, unless approved in advance, incurred in the interest of the project. All requests for reimbursement of expenses shall be submitted with soume documentation for evaluation and approval for payment by the City. Expenses shall include such things as travel, reproduction and telephone calls. 2 c. The Architect shall be reimbursed separately for expenses associated with models and mock-ups requested by the City. d. Payments shall be processed for payment pursuant to Sec. 218.70 Fla. Stat. et seq. upon receipt of the Amhitect's invoice. e. Services not covered by this Agreement due to changes in the Scope of Services requested by the City, shall be compensated at a rate agreed to by both parties in writing prior to the commencement of any additional work. 4. GENERAL TERMS AND CONDITIONS. All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Amhitect providing specified services shall be the property of the City. The Amhitect may retain a copy of said documents. Upon termination of this Agreement, or upon request of the City during the term of this Agreement, any and all such documents shall be delivered to the City by the Architect. The Architect shall have no liability for the City's use of said documents without the involvement of the Architect. 5. INSURANCE. The Architect shall at all times carry professional liability insurance, workers' compensation insurance, comprehensive general insurance, and automotive liability insurance with minimum policy limits for each coverage in the amount of one million dollars ($1,000,000) per occurrence, single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on a~l of the above insurance policies. Each insurance policy shall state that it ~} ~ except professional liability insurance is not cancelable or subject to reduction without written notice to the City 30 days prior to the effective date of cancellation. 6. ASSIGNMENT. This Agreement shall not be assignable by the Amhitect. 7. PROHIBITION AGAINST CONTINGENT FEES. The Amhitect warrants that it has not employed or retained any company or person, other than a bona fide employee or sub-consultant working solely for the Amhitect, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Amhitect any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. TERMINATION. This Agreement may be terminated by the City upon ten days written notice with or without cause and by the Amhitect upon 30 days written notice with or without cause. If this Agreement is terminated, the Architect shah be paid for all acceptable work performed up to the date of termination. In the event of termination through the fault of the Architect, the Architect shall have ten (10) days to cure the default upon written notice from the City. 9. NONEXCLUSIVE AGREEMENT. The services to be provided by the Amhitect pursuant to this Agreement shall be nonexc[usive and nothing herein shall preclude the City from engaging other firms to 4 perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 10. ENTIRE AGREEMENT. The parties hereby agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF ARCHITECT. The Amhitect hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to pertorm the Specified Services. 12. ATTORNEYS' FEES, in connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs. Architect recognizes that other covenants of this Agreement serve as consideration for this pmvision. 13. NOTICES. All notices and communications to the City or Architect shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: CITY: Eric M. Somka, City Manager City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 5 ARCHITECT: Arquitectonica International Corporation 550 Brickell Avenue, Suite 300 Miami, Florida 33131 Attn.: Peter Brand 15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ARCHITECT: CITY: Arquitectonica International City of Aventura 550 Brickelt Avenue, Suite 200 2999 NE 191s~ Street, #500 Miami, Florida 33131 Aventura, Flori..i.i.i.i.i.i.i.i~.33180 Lau ' z~clpal Eric M. Atte : Attest: ~)c~ Teresa M. Smith, CMC City Clerk City Attorney 6