97-088 RESOLUTION NO. 97-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR CONSULTING SERVICES FOR DESIGN AND
CONSTRUCTION ADMINISTRATION OF THE
GOVERNMENT CENTER, POLICE FACILITY AND
CULTURAL CENTER, AS SET FORTH IN RFQ 97-9-24-2;
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 COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement for Consulting Services for Design and Construction Administration of the
Govemment Center, Police Facility and Cultural Center as set forth in RFQ 97-9-24-2
in the amount of $640,000.00.
Section 2. The City Manager is hereby 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 Councilmember Rogers-Libert, who
moved its adoption. The motion was seconded by Vice Mayor Beskin, and upon being
put to a vote, the vote was as follows:
Resolution No. 97- 88
Page 2
Councilmember Arthur Berger yes
Councilmember Ken Cohen
Councilmember Harry Holzberg yes
Councilmember Jeffrey M, Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder ?'es
PASSED AND ADOPTED this 16th day of December, 1997.
~RTHUR I. SI~'~'DEI~, MAYOR
ATTEST: \~ (~ ~ ~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'CI'ORNEY
EMS/tms
AGREEMENT
Between
THE CITY OF AVENTURA
and
MICHAEL SHIFF & ASSOCIATES, INC.
CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION
OF THE CITY OF AVENTURA
GOVERNMENT CENTER, POLICE FACILITY, CULTURAL CENTER
This Agreement is entered into by and between the City of Aventura ("City") and Michael
Shift& Associates, Inc. ("Consultant") as follows:
WHEREAS, the City has advertised for requests for proposals for the provision of
professional architectural services related to design, and development of bid specifications, review
of bid specifications, assistance in the award ora contract for development of, and construction phase
services related to the development of the Aventura Government Center, Police Facility aJ~d Cultural
Center.
WHEREAS, Consultant has been selected as a successful proposer; and
WHEREAS, the Aventura Governmental Center, Police Facility and Cultural Center
(hereinafter alternately referred to as the Project) shall consist of a Project consistent with the
"Governmental Center Facility Needs Assessment" study. This entire group of responsibilities shall
be alternately referred to as Basic Services and General Design Services.
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. The above recitations are true and correct and made a part hereof.
SECTION 2. The Consultant shall provide the following services as defined in Exhibit "A" Scope
of Services.
SECTION 3. City's Responsibili .ty
1. The City shall provide all relevant information at its disposal to the Consultant to assist the
Consultant in the development of its required work under the contract. The Consultant may
request other information in the City's possession which it deems relevant to its task as set
forth herein. The City shall also furnish the following information if in City's possession or
readily available: all boundary, right-of-way and utility surveys; easement and right-of-way
descriptions; soil borings; probings and subsurface exploration; hydrographic surveys;
laboratory tests and inspections of samples of materials in its possession.
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2. The City shall provide input to Consultant with respect to all submissions and proposed
specifications and shall direct the consultant as to the proposed program of improvements, criteria
for their use and construction budget infurmation.
3. The City shall guarantee access to and make all necessary provisions for Consultant to enter
upon public lands as required for Consultant to perform his work under this contract.
4. The City shall examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by Consultant and shall render in writing decisions
pertaining thereto in order to provide general direction to Consultant within a reasonable time so as
not to unreasonably delay the work of the Consultant. Approval of any design by City shall constitute
authorization by City to proceed based upon said design.
5. The City shall advertise for proposals from bidders to construct the Project or part thereof,
open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided,
however, nothing herein shall obligate City to execute a final construction contract or to construct
the Project; provided further the City reserves the right not to move forward with the bidding
procedure.
6. The City shall provide such legal, financial, accounting and insurance counseling services as
may be required for the Project.
7. The City shall designate in writing a person to act as City's representative or to act for the City
Manager where approvals and authorizations are required by the City Manager with respect to the
work to be performed under this contract; such person shall have the complete authority to transmit
instructions, receive information, interpret and define City's policies and decisions with respect to the
work covered by this contract.
8. The City shall give prompt written notice to Consultant whenever City observes or otherwise
becomes aware of any defect in the Project. However, City shall be under no obligation to inspect or
analyze any defect or other nonconformity with the Contract documents in the Project or to inspect
the Work for defects or non-conformities.
9. The City shall be the applicant for all approvals from all governmental authorities having
jurisdiction over the Project and such approvals and consents from such other individuals or bodies
as may be necessary for completion of the Project.
t0. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional
services as stipulated in Exhibit "C"; attached and made a part hereto.
SECTION 4..Termination
1. This Agreement may be ternfinated by the City upon 30 days notice to Consultant without
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cause. Consultant may not terminate this Agreement except upon a breach by the City which is not
cured upon 30 days notice to City. Further, this Agreement may be terminated by mutual agreement
at any time or, if for a period of 2 years no work shall have been required or performed hereunder this
contract shall be voidable at the option of either party. In the case of any termination, the Agreement
shall immediately terminate, provided Consultant shall be paid for work performed and costs incurred
to the date of termination.
2. If this Agreement is terminated for any reason, then Consultant's sole remedy shall be payment
fbr all work performed in accordance with this agreement to the termination date, provided it delivers
to the City a copy of all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents to provide the CRy with the work product for which Consultant was paid. Ail said
studies, reports, sketches, estimates, specifications, drawings, proposals and other documents shall
be the property of the City for use as the City sees fit, provided that Consultant shall not be
responsible or liable for any causes of action related to changes in or alterations to its work product.
SECTION 5. Consultant's Compensation
Consultant shall be compensated as defined in "Exhibit B" Basic Services Compensation and Exhibit
"C", Additional Services. Payment for Additional Services shall be as set forth in Exhibit "D".
SECTION 6. General Terms
1. The work to be performed under this Contract shall in no case be assigned by Consultant
except for City approved sub-consultants for structural, MEP and civil engineering, and irrigation
system design or other service not related to architectural or landscape architectural design, all of
whom shall be considered sub-consultants under the charge of Consultant, with no additional cost
to City, which approval shall not be unreasonable withheld by City. The Consultant shall utilize
Arquitectonica International, Inc. as the design consultant for the project.
2. By execution of this contract, Consultant accepts full responsibility for performance of all
conditions thereunder. Consultant assumes complete responsibility for the work of all entries or
persons whom it retains, employs, subcontracts with, or associates in the performance of the work
set forth herein. If Consultant uses the services of any mb-consultants, or other parties, or associates
with any other entities or parties on the performance of the work required hereunder the use of such
parties or entities or persons, or any negligent errors or omissions of those sub-consultants, entries
or persons retained by Consultant shall not be a defense for lack of performance or any other cause
of action related to the work. The failure to perform of any sub-consultants, or other parties or
entries or persons having a contractual or other relationship with the Consultant (or Rs sub-
consultants) shall not be a defense by the Consultant in any action by the City against Consultant or
in any action where City claims that there is a defect in the work set forth herein; Consultant shall be
fully responsible for the actions of all persons with whom it contracts or utilizes in the participation
of the work performed herein. However nothing contained herein shall prohibit City fi.om seeking
damages fi.om any other responsible parties.
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SECTION 7. Quali .ty of Work
Consultant shall provide a quality of work which shall provide competent and professional design,
specifications, contract documents, and construction phase services to the standard of the
architectural profession and such other professions (including engineering) involved in the project,
as fully intended for the purposes as set forth by the City and as set forth herein, and as would be
expected of such a Project. It shall be Consultant's responsibility to review documents available
relating to the Project, to review the site and site conditions, and to take any action which would be
reasonably expected to provide the Consultant with knowledge necessary to develop a design and
specifications, and follow through in the nature of construction phase services which will yield the
result intended by the City.
SECTION 8. Work Products Required
Following the time schedule established by the City below, the Consultant shall provide to the City
the following interim and final products:
1. Plans which shall be sufficiently detailed at an appropriate scale to provide a clear and
accurate means of bidding, presentation, permitting and construction.. Included on the plans must be
all pertinent details tables, schedules, sections, elevations, and plans as appropriate to convey the
design intent; "As Built" drawings and plans for the entire project shall be provided by the contractor
prior to final payment.
2. Estimate of probable construction cost. Consultant may provide a more detailed estimate of
construction costs at the City's expense as additional services.
3. Technical specifications for the Project typed on 8-1/2 x 11 single-sided, white bond paper
to co-ordinate with "front end" specification to provide a complete bid packet. Typical "front end"
specifications will be provided by the City. The City will prepare the necessary documentation for
the "front end" bid documents and the Consultant shall review for the purpose of coordination with
the technical specifications.
4. Proposed Schedule of Work including preliminary meeting dates and anticipated completion
schedule to meet City needs.
5. Report, tabulate the bid and assist the City in its analysis of the bid proposals.
6. Reports concerning contract administration as required by the City, upon site visits.
SECTION 9. Time For Completion
Time for completion shall be as set forth in Exhibit "E", which shall be binding on Consultant, except
where delays are caused beyond the control of Consultant, or due to revision of the program of
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improvements or, design criteria which causes Consultant to revise previously approved and
completed work.
SECTION 10. Ownership of Work Product
All work product as described above and as otherwise developed by Consultant shall be the property
of the City. The City may use or distribute such work product in any way it deems appropriate. If
such work products are modified or akered by the City or anyone else at City's request for any use
other than their intended purpose the City shall indemnify and hold the Consultant harmless and shall
defend the Consultant against any and all claims, causes of action or liability resulting from any such
modification or alteration to Consultant's work product to the extent permitted by law.
SECTION 11. IndemniW.
Consultant indemnifies and holds the City harmless and shall defend the City against any claims,
causes of action, judgments or liability of whatsoever nature related to patent or copyright
infringement related to the work designs and work product submitted pursuant to this Agreement,
or any claims, liability, judgments, or causes of action related to the negligent acts, errors or
omissions in the designs, or work product submitted or work performed by the Consultant, its sub-
consultants (and their employees), its employees, pursuant to this Agreement. This section shall
survive the completion of the Project.
SECTION 12. Performance
All work performed by the Consultant, sub-consultants or those employed by consultant shall be of
a professional quality which is the standard of the 3xchitectural Profession and any other professional
standards for other disciplines of any other sub-consultant or other parties employed by Consultant,
and shall comply with the specific provisions contained herein.
SECTION 13. Insurance
Consultant shall comply with the insurance provisions defined in "Exhibit F".
SECTION 14. Construction Budget
Consultant shall design the program of proposed improvements to conform with the budget as
determined by the City, including use of Bid Alternates (and shall make appropriate design
modifications to achieve this budget) at no additional cost to City. Consultant is acknowledged not
to be responsible for failure to receive responsive bids because of construction industry conditions.
Based upon recommendations of the Consultant, City may d;,rect the Consultant to delete or revise
kems from the program of proposed improvements if cost estimates provided by Consultants indicate
that construction costs will likely exceed the construction budget.
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SECTION 15. Compensation for Additional Services
Any change in a design formally approved by the City subsequent to the design development phase
1.3, may warrant an increase in compensation as may be mutually agreed if said change alters work
approved by the City and completed by Consultant (provided same are not the result of errors or
omissions of Consultant). See Schedules C & D relative to Additional Services which sets forth the
guidelines for said services and compensation for said services. It shall be the burden of the
Consultant to immediately notify (in writing) City of any claim that compensation should be increased
and to demonstrate that the above conditions occurred.
SECTION 16. No Work Stoppage As A Result Of Disputes: No Payment Of Interest By Ci,ty
No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as
provided under Section 4, Termination, paragraph 1. However, disputes as to the proportion of work
complete or the fight to and additional compensation shall not obviate the requirement of City to pay
the amount it believes is reasonably due Consultant. Non-payment within 30 days of non-
disputed invoices shall be considered breach of contract under this agreement, subject to notice under
Sec. 4 (1).
SECTION 17. Notices
All notices required herein shall be in writing and either hand delivered or mailed certified, return
receipt requested, to the following person at the address listed unless changed by written notice:
CITY: CITY MANAGER
CITY OF AVENTURA
2999 N.E. 191 STREET SUITE 500
AVENTURA FLORIDA 33180
CONSULTANT: MICHAEL SHIFF & ASSOCIATES, 1NC.
1103 EAST LAS OLAS BLVD.
FORT LAUDERDALE, FLORIDA 33301
SECTION 18. Complete Agreement
This is the complete agreement between the parties and no alteration hereto shall be given affect
unless contained in a written agreement executed with equal dignity.
SECTION 19. Warranties of Consultant
The Consultant hereby warrants and represents 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 perform the services.
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SECTION 20.~__~:. Governing Law
This Agreemem shall be construed in accordance with the laws of the State of Florida. Venue for any
litigation hereunder shall be in Dade County, Florida.
SECTION 21. Effective Date
This agreement shall be effective on the date the last party affixes its signature hereto.
AGREEMENT BETWEEN CITY OF AVENTURA AND MICHAEL SHIFF AND ASSOCIATES
CONSULTiNG SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF
CITY OF AVENTURA GOVERNMENT CENTER, POLICE FACILITY AND CULTURAL
CENTER
CITY OF AVENTURA FLORIDA
Ter[sa M. Smith, CMC Eric M~-Soroka, City
City Clerk
Date: / -/~ ~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
CiTI~ATTORNEY
MICHAEL SHIFF & ASSOCIATES, INC.
Witnesses:
By: ~
Date: ///2 /F/~ Michael A. Shift, President
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EXHIBIT A - BASIC SCOPE OF WORK
1.0 BASIC SERVICES
The CONSULTANT'S Basic Services shall consist of the five (5) phases described below and shall
include normal architectural, landscape architectural, MEP an civil engineering services for the design
and engineering services for the improvements. The Project which CONSULTANT shall design shah
consist of a fully functional GOVERNMENT CENTER, POLICE FACILITY AND CULTURAL
CENTER including related parking and landscaping. PROJECT shall be generally consistent with the
City of Aventura Needs Assessment Study and consist of approximately 60,000 square feet of
building area. If requested by the CITY the PROJECT shall include a parking garage of sufficient
size to satisfy the requirements of the program as part of basic services at no additional cost to City.
1.1 GENERAL DESIGN SERVICES
After written authorization from the City Manager or his designee to proceed, the Consultant shall
review all material and documents previously assembled or prepared by the City, or others retained
by the City for the Project with the purpose of becoming familiar with the objectives and intent of the
City and the scope of the Project. Consultant shall work with City to develop the design elements of
the Project based upon input provided by City at meetings with City.
1.2 MASTER PLANNING PROGRAMMING AND SCHEMATIC DESIGN PHASE
1.2.1 Based on the mutually agreed upon program, the CONSULTANT shall prepare
Schematic Design Studies consisting of drawings and other documents illustrating the scale
and relationship of project components including parking and site related items described in
1.0 and 1.1 and described as the Basic Services and General Design Services for approval by
the CITY. The City may request changes to the plan which Consultant shall cause to be
incorporated into the design and specifications.
1.2.2 The CONSULTANT shall submit to the City a written Statement of Probable
Construction Cost.
1.3 DESIGN DEVELOPMENT PHASE
1.3.1 The CONSULTANT shall prepare tzom 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 (described in 1.0 and 1.1)
as it relates to the architectural, structural mechanical and electrical disciplines, materials and
such other essentials as may be appropriate.
1.3.2 The CONSULTANT shall submit to CITY a further written Statement of Probable
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Construction Cost.
1.3.3 Consultant shall work with City to develop the design elements of the Project based
upon input provided by City at meetings with City staffand the City Council. If any changes
are required, they shall be incorporated by Consultant in the specifications, drawings, and
other necessary documents. Requests for material changes to the design after written City
approval at this stage shall be subject to the provisions of Exhibit C and D (except where
changes are the result of errors or omissions of the Consultant).
1.3.4 Consultant shall, in the design phase of the Project, identify 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). Consultant shall render such professional services and advice to assist in
obtaining said permits or 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 as per Exhibits C and D.
1.4 CONSTRUCTION DOCUMENTS PHASE
1.4.1 The CONSULTANT shall prepare from the approved Design Development Phase
Documents, and any further adjustments in the scope, quality, or budget for the project
(subject to Exhibit C and D if applicable), for approval by the CITY, Drawings and
Specifications setting forth 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 Contractor, to satisfy the
requirements of the CITY'S Manager and City Attorney.
1.4.2 The CONSULTANT shall advise the CITY in writing of any adjustments to previous
Statements of Probable Construction Cost or construction schedule indicated by changes in
requirements or general market conditions.
1.4.3 The CONSULTANT shall arrange for and attend all necessary meetings, provide
permittable construction documents, and aggressively 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.
1.4.4 The CONSULTANT shall structure the Bid Documents in a m~anner to include sufficient
alternates for construction so as to strive to ensure that the bids received will not exceed the
funds available for the Project.
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1.4.5 Upon completion of the construction documents, the Consultant shall furnish the City
with a complete electronic copy of the construction documents, including but not limited to
the plans and specifications. The electronic copy shall be in AutoCad Release 12 or above
format.
1.5 BIDDING OR NEGOTIATION PHASE
1.5.1 The CONSULTANT shall prepare a package which requests interested contractors to
submit pre-bid qualifications to the City for review by the City and the Consultant. From this
list the City, with recommendations fi~om the Consultant, shall establish a list of pre-qualified
contractors who will be invited to submit bids for the construction of the Project, if desired
by City.
The CONSULTANT, following the CITY'S approval of the Construction Documents
("Construction documents" shall mean the entire contract for construction, including all
addendums or alterations thereto, drawings and technical specifications and of the latest
Statement of Probable Construction Cost), shall assist CITY in obtaining, evaluating,
awarding and preparing construction contracts. Consultant shall also work with the City in
any negotiations aimed at reducing the price of the contract to meet the expected construction
cost set forth in Section 14.
1.5.2 The CONSULTANT will prepare a bid package and release it to pre-qualified
contractors and assist in the selection of a contractor. Services include but are not limited to,
a review of contract proposals, review of contractor's submitted credentials, subcontractor's
submitted credentials, to assist the City in their selection of a contractor.
1.6 CONSTRUCTION PHASE
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.6.1 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 construction phase, which time for completion will
be established at a maximum of 15 months in the contract for construction. If the contract for
construction exceeds the 15 month construction schedule the CONSULTANT shall be
entitled to additional compensation, subject to the City's prior approval, which shall not be
unreasonably withheld.
1.6.2 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.
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1.6.3 The CONSULTANT shall at all times have access to the Work wherever it is in
preparation or progress.
1.6.4 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, information and belief 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-conform/ng work occur. Consultant shall
regularly keep City informed as to the progress and quality of the work.
1.6.5 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, information and belief, 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.
1.6.6 The CONSULTANT shall have the responsibility to recommend the rejection of all
Work which does not 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
Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees or other persons performing portions of the Work.
1.6.7 The CONSULTANT shall review and approve or take other appropriate action on shop
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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.
1.6.8 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.
1.6.9 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.
1.6.10 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, revised by contractor to "as-built" conditions and in an electronic format acceptable
to the City. Consultant shall not be required to finnish 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.
1.6.11 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.
1.6.12 As to the Contractor constructing the project, Consultant shall interpret and decide
matters concerning perform~xnce 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.
1.7 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.
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EXHIBIT B - COMPENSATION
Compensation to Consultant for scope of services outlined in Exhibit "A", shall be a lump sum in the
amount of $640,000.00. Said lump sum amount shall include all sub-consultants (and all others
retained by Consultant) except those indicated on Exhibit "C". In addition it shall include a
reproducible color rendering requested by City. Compensation shall be payable in the following
increments by phase:
Schematic Design Phase $ 96,000.00 (15 Percent)
Design Development Phase $128,000.00 (20 Percent)
Construction Document Phase $256,000.00 (40 Percent)
Bidding & Negotiation Phase $ 32,000.00 ( 5 Percent)
Construction and Post Construction Phase $128,000.00 (20 Percent)
Consultant shall submit invoices monthly for the percentage of each phase completed in the preceding
month.
REIMBURSABLE EXPENSES
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.
Expense of additional insurance coverage or limits including professional liability insurance,
requested by the City which exceed the limits required by this Agreement carried by the Architect.
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EXHIBIT C - ADDITIONAL SERVICES
Additional Services: Professional services beyond those indicated in Section 1.1 - 1.7 as the basic
scope of services; these services as listed below, shalJ be undertaken only upon written authorization
fi.om the City to the Consultant confirming mutually agreed scope and fees.
1. Design modifications to the Master Plan and or construction documents (subject to the
provisions of Section 14), which change the scope of work directed by the City and which are
contrary to preceding City written directions or v~tten approvals, where such modifications
occur after approval of the design in phase 1.3 (unless the changes result fi.om errors or
omissions of the Consultant). Any changes or services necessitated by a need to meet the
budget set forth in Section 14 shall not be considered Additional Services.
2. Making material revisions in Drawings, Specifications or other documents when such
revisions alter Consultant's responsibilities and are:
A. inconsistent with written approvals previously given by the City where such revisions
occur after formal approval of the design in phase 1.3and are not the result of errors
or omissions of Consultant.
B. required by the enactment or revision of codes, laws or regulations subsequent to
formal approval of the design in phase 1.3
C. due to changes required in writing as a result of the City's fa'tlure to render decisions
in a timely manner.
3. If more extensive representation is required at the site than is provided for in 1.6.4 at the
request of the City the Consultant shall provide one or more Project Representatives to assist
in carrying out those activities.
4 Providing services made necessary by the default of the contractor, by major defects or
deficiencies in the work of the contractor or by failure of performance of the contractor under
the Contract for Construction.
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EXHIBIT D - COMPENSATION FOR ADDITIONAL SERVICES
City shall compensate Consultant for authorized additional services only for changes made by City
(which are not the result of errors or omissions of Consultant) after formal approval of the design in
Phase 1.3 (see Exhibit C for the only basis for a claim to Additional Services) and shall be based upon
mutually agreed upon fee. The parties shall agree on Consultant's fee for additional services consistent
with this analysis.
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EXHIBIT E - SCHEDULE
The following time of performance for each phase of the Consultant service excludes time for City
or agency review of the Consultant's submissions.
MASTER PLANNING PROGRAMMING
Schematic Design - 6 weeks
Design Development - 6 weeks
Construction Documents - 12 weeks from notice to proceed with construction documents.
Bidding & Negotiation -- 3 weeks fi'om approval of construction documents by City and notice to
proceed with bidding.
Construction and Post Construction - Construction administration services shall be provided for the
entire period of construction. Basic services will be provided for 16 months from 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.
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SCHEDULE F - INSURANCE
The Consultant shall maintain at its sole cost and expense ,insurance coverage reflecting the minimum
amounts and conditions specified.
WORKER'S COMPENSATION
The Consultant shall procure and maintain, for the life of this Contract/Agreement, Worker's
Compensation Insurance covering all employees with limits meeting all applicable state and federal
laws. This coverage shall include Employers' Liability with limits meeting all applicable state and
federal laws. Thirty (30) days notice of cancellation is required and must be provided to the City of
Aventura via Certified Mail.
COMPREHENSIVE GENERAL LIABILITY
The Consultant shall procure and maintain, for the life of this Contract/Agreement, Comprehensive
General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include
Premises and Operations. This policy shall provide coverage for death, personal injury or property
damage that could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability.
The City of Aventura must be named as an additional insured unless Owners and Contractor's
Protective Coverage is also provided, or required. Thirty (30) days written notice must be provided
to the City of Aventura via Certified Mail in the event of cancellation.
BUS1NESS AUTOMOBILE LIABILITY
The Consultant shall procure and maintain, for the life of the Contract/Agreement, Business
Automobile Liability Insurance.
The minimum limits of coverage shall be $300,000.00 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or
"Comprehensive Form" type policy.
In the event the Consultant does not own any vehicles, City will accept the hired and non-owned
coverage in the amounts listed above. In addition, City will require an affidavit signed by the
consultant indicating the following:
"Company Name" does not own any vehicles. In the event we acquire any vehicles
throughout thc term of his Contract/Agreement, "Company Name" agrees to purchase "Any
Auto" or "Comprehensive Form" coverage as of the date of acquisition.
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Consultants Signature
The City of Aventura must be listed as an Additional Insured under the Policy. Thirty (30) days
written notice must be provided to the City of Aventura via Certified mail in the event of cancellation.
PROFESSIONAL LIABILITY INSURANCE
Consultant shall procure and maintain Professional Liability Insurance for the term of this
Contract/Agreement. Consultant shall make every effort to maintain said insurance for a period of
two (2) years after the terms of this Agreement. The minimum limits of coverage shall be $500,000.
Any deductible will be the responsibility of the Consultant. Thirty (30) days written notice must be
provided to the City of Aventura via Certified Mail in the event of cancellation. Consultant shall
include provisions in contracts with sub-consultants (other than irrigation) that they shall provide the
same insurance coverages adequate to cover their potential liability. The CITY may choose to ask
the CONSULTANT to acquire Project Coverage which coverage would be reserved exclusively for
the CITY. If the CITY chooses this alternative than the cost of this insurance would be paid for by
the CITY.
SUPPLEMENTAL PROVISIONS
1. The insurance coverage afforded by this policy(s) shall not be canceled or non-renewed,
except atter thirty (30) days prior written notice by Certified Mail, Remm Receipt Requested,
has been given to the City of Aventura City Manager; in such case, every effort shall be made
by Consultants to secure substitute insurance providing the required coverage for the entire
period as required. Failure to maintain insurance shall be grounds for termination by City.
2. Certificates of Insurance meeting the specific required provision specified within this
Contract/Agreement shall be forwarded to the City of Aventura City Manager, and approved
prior to the start of any work or the entry upon of any City property.
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