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2001-24637 RESO RESOLUTION NO. 2001-24637 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $22,000 FROM PARKING REVENUE BOND FUND 481, TO WORK ORDER 2113 FOR THE COMPLETION OF THE ARCIDTECTURAL AND ENGINEERING SERVICES (PHASE IV) FOR THE RENOVATION OF THE 12TH STREET MUNICIPAL PARKING GARAGE; FURTHER TERMINATING THE EXISTING ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT WITH GAMBACH-SKLAR ARCHITECTS, INC. AND RE- ASSIGNING SAID AGREEMENT TO GAMBACH ARCHITECTS, INC. WHEREAS, Gambach Sklar Architects, Inc. is providing architectural and engineering services for the renovation of the 12th Street Parking Garage; and WHEREAS, the plans for the renovations of the facility have undergone various changes, including initial conceptual plans to expand the facility by adding additional levels to both the Police and Public Parking sides of the garage; and WHEREAS, at this time, clearly, the goal is to finalize the plans/drawings in order to proceed with the renovation of the facility; and WHEREAS,meetings took place on June 13, 16, September 7 and November 17,2000 with Gambach Sklar and during these meetings the scope of work was revised and these revisions altered the scope of work and subsequently the design fee of the project; and WHEREAS, it is necessary to appropriate $22,000 from Parking Revenue Bond Fund 481 and allocate it to Work Order 2113 for the completion of Phase IV of the design of the project; and WHEREAS, the entity of Gambach Sklar Architects, Inc. will be dissolved, within the next year; and WHEREAS, it is necessary to terminate the existing professional services agreement with Gambach Sklar Architects, Inc, and re-assign the agreement to an architectural and engineering firm that would be most qualified to complete the project with minimal disruption to the project; and WHEREAS, it is the Administration's recommendation to re-assign the project to Gambach Architects, Inc., a Florida Corporation, located at 1132 Kane Concourse, Bay Harbor Islands, Florida 33154; and WHEREAS, Mr. Roberto Gambach of Gambach Architects, Inc. has represented the firm on this project since its inception and he is intricately familiar with the project and very knowledgeable regarding the all the revisions and adjustments made to the project; and WHEREAS, Gambach Architects, Inc. has attained project specific professional liability Insurance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission herein approve and authorize an appropriation in the amount of $22,000 from Parking Revenue Bond Fund 481, to Work Order 2113 for the completion of the architectural and engineering services (Phase IV) for the renovation of the 12th Street Municipal Parking Garage; further terminating the existing Architectural/Engineering Services Agreement with Gambach Sklar Architects, Inc. and re-assigning said agreement to Gambach Architects, Inc. PASSED and ADOPTED this 17th day of October, 2001. ~ . MAYOR Attested by ~}f~ CITY CLERK L:ICMGRIAGENDA \2001 IOCT1701ICONSENTlGAMBACH.RES APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION AJt!1i!.' ~ 10-9-01 ity A1t0l""'Y Droe Jul-20-01 04:19P Gambach Sklar Architects {J7. ~~'.'(.'.i ;,:l,. v.;;'..J<t: ("'" .::'<J"t4.......'~.. 305 866 2099 P.02 ~..lrl'f.:F.1t. iNstJ~"N~!:. t;R(li)P, !N!. ro !;OX 150 11.~Ll..l....NP/"'~ 1:: ~ ;:::1 :.:.00~ ~Sj-';~~"~i.,:i 1: .. -,"'. ....".. .I: n. ..... 7.1... ,.5.. .1 ,'i ~ ....... - :~,- t.l.<:~::l'il!..t -{~~"'N'~~\H":'TA.t ;H~tr .!It:o- --,---- _:..._...._.h ~-,~-_.." -..~;;..=,.. -_...~.. 'r1::: 1'!\'.,'1,lJ ::~(:&; {;irr..b~h i'". P. "'~,-"'.,.. ..~...l"'''''~_'''~, . t.,.:,'!,. r" \.il... 07l17/':':t . .....~ .;;,J).ii"N-Il (~~lli~l\il.A..!rbR:f'I1,; ;'~]( M.:MI'f.\:t i M ~~~11:~ : ~ ~:''., ~." n:, .....'jE.S ",!(',~;~;:c;:>:~ t'~"Vij(. or :.; ~:';,,'"''''\i~''. 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'!,,:'JI.Tf:n~ ?:l.n:Yl'i -;~r~~n-;. .li.~ V~ vi f';.; "h )''.:'.":. 'j'J.-.-( 4U:; '1...~. i:\~t~. ~.iv"" .......... " ...all """ --.... ..., r:r .. ... _.. 'n'i!:iki .ti-tudt f(:~ VO\.Ll mouw:.. alU:nnon ~ tili'i mAr:~r. . .. . -.... . _.- ,.." <- .-. -.---..... ,."",' G6MB6CH.SKL6R ,A R CHI TEe T 5 INC April 18, 2001 Mr. Jim Stamos Finance Director City of Miami Beach Parking Dept. 1130 Washington Avenue #100 Miami Beach, FL 33139 Re: VISITORS PARKING, 12th St. & Drexel Avenue Phase IV Dear Mr. Stamos: Further to our telephone conversation, with regards to the Phase IV redesign, enclosed please find Minutes of the Meetings ofJune 13, June 16, September 7 and November 17,2000 for your records. During the meetings of June 13 and June 16 the Scope of Work was revised as requested by Mrs, Gonzalez. I trust this answers your questions and that you will be able to release the check for this Phase IV as per attac invoice. RJGlbg Enclosures ARCHITECTURE INTERIOR DESIGN PLANNING T i ; ~= ~";'1~ Cone; '-" i T 0':), r-:'::fOO' I:;!a~:: tic' .J':: J 3 ) ~ ...: AA,(O:)18C;, Ie' 3::." 866.2Q90 r:n: 3:) '866-200':: ark ~e.. sJiaol C;)~ GAMBACH SKLAR ARCHITECTS, INC. MINUTES OF THE MEETING Project: VISITORS PARKING, City of Miami Beach Architect's Project # 691 Meeting # 10 Date: June 13;2000 Participants: Jacqueline Gonzalez Aurelio Carmenates Roberto J. Gambach Director of Parking, C.M,B. Parking Dept. C.M.B. Gambach Sklar Architects, Inc Phone [305] 673-7005 [305] 673-7080 [305] 866-2096 Fax [305] 673-7028 [305] 866-2099 Prepared by: Roberto J. Gambach, AIA The following is the Architect's understanding of the items discussed during the conversation. Participants are invited to review and comment on these notes within five days of receipt. After that they will become a permanent record. A] The status of the project was reviewed and the scope of work was revised. The revised scope of work is as follows: , 1] Provide Island and electrical service for the Revenue Control system. Do not provide a booth. Layout as provided to the Architect by the Parking Dept. 2] Provide new Office with toilet attached to it, for the security personnel and attendant. Provide Talk Hole at the Office window. Provide details of office shelving and Pass Thru. 3] Provide electrical outlets in the Office for future CCTV. 4] Paint new office, toilet and other elements required by the work. 5] Provide a Contingency Allowance equal to 10% of the Cost Estimate. 6] Paint the interior and exterior of the entire Visitors parking structure. Provide Signage identification at every floor. Identify the floor by colors, possibly color on columns, doors, stairways, etc. 7] Provide new door, frames and hardware at stairs. 8] Provide new handrails at the stairs. 9] Provide repairs to the Elevator. Provide for Alternates for the Elevator equipment, a] to be refurbished. b] to be replaced. Lighting and Control Panel to be vandal proof. 11] All parking floors to be resurfaced. C:\Projec\s\691- Visitors Parking\Minute-l O.wpd Page 1 The top floor to be waterproofed. Areas other floors without a roof above, to be waterproofed. Re-stripe parking lines, with yellow paint. 12] Replace all lighting fixtures with the standard fixtures used by the' Parking Dept. Specs provided to the Architect. Replace all lights at Stairs, Exits, etc. 13] This project to come out for bid on July 2000. .. Gambach B] Aurelio and Roberto went to the Police parking to see the test done, in a small area, to the surface of the parking some time ago. This surface was shot-blasted to remove the slick surface of the existing parking. It seems to be working well. What is contemplated at this time is to treat all the parking areas with this shot-blast and seal it. The only place where the parking structures will have waterproofing will be the top floors and the floor areas at other levels that have no structure above. .. Arrow indicates action taken or to be taken. cc: Participants C:\Projecls\691- Visitors Parking\Minute-1 O.wpd Page 2 GAMBACH SKLAR ARCHITECTS, INC. MINUTES OF THE MEETING . Project: VISITORS PARKING, City of Miami Beach Architect's Project # 691 Meeting # 11 " Date: June 16, 2000 Participants: Jacqueline Gonzalez Aurelio Carmenates Brad Judd Roberto J. Gambach Director of Parking, C.M.B. Parking Dept. C.M.B. Facilities Management C.M.B. Gambach Sklar Architects, mc Phone [305] 673-7005 [305] 673-7080 Fax [305] 866-2096 [305] 673-7028 [305] 866-2099 Prepared by: Roberto J. Gambach, AlA The following is the Architect's understanding of the items discussed during the conversation. Participants are invited to review and comment on these notes within five days of receipt. After that they will become a permanent record. A] The parking structure was visited and a walk thru was done by the participants. Mrs. Gonzalez requested the following items to be included in the scope of work in addition to the previously approved scope of work. 1] Provide lightning rods on top of parapet where they are missing and check the integrity of the system. 2] Remove all parking meters' posts. Repair all holes and surface damage caused by this removal. 3] Repair all railing posts at their base, they are rusted. Remove all spalling, rust, provide a new coat of rust-proofing, repaint and caulk around them. 4] Replace all light bulbs of the rooflights. 5] Replace all joints, expansion joints, flashing, etc. in the entire building. 6] Replace all caulking and expansion joints, vertical, horizontal, around cohmms and beams, etc, at all levels, at the joint of the Visitors Parking and Police building. Joints between ramps and Police Building. 7] Provide new cover plates to all electrical outlets. 8] Remove and reapply loose concrete patch at 3rd. Floor. 9] Floor expansion joints to be repaired from the top and the bottom of the slab, 10] Repair all holes and spalling of concrete, on floors, columns and beams. 11] Patch stucco before painting. 12] Repair 1 step of the exterior stair, east side of the Visitors Parking, steel is exposed. .. Gambach C:\Projects\691- Visitors Parlcing\Minute-l1.wpd Page 1 .. Arrow indicates action taken or to be taken. CC: Participants C :\Projects\691- Visitors Parking\Minute-ll. wpd Page 2 GAMBACH SKLAR ARCHITECTS, INC. MINUTES OF THE MEETING Project: VISITORS PARKING, City of Miami Beach Architect's Project # 691 Meeting # 12 Date: September 7, 2000 Participants: Jacqueline Gonzalez Aurelio Cannenates Chuck Adams Henry Johnson Roberto J. Gambach Prepared by: Director of Parking, C.M.B. Parking Dept. C.M.B. Parking Dept. C.M.B. Public Works Dpt. C.M.B. Gambach Sklar Architects, Inc Phone [305] 673-7005 [305] 673-7005 [305] 673-7080 [305] 866-2096 [305] 673-7028 [305] 866-2099 Fax [305] 673-7853 [305] 673-7853 Roberto J. Gambach, AlA The following is the Architect's understanding of the items discussed during the conversation. Participants are invited to review and comment on these notes within five days of receipt. After that they will become a permanent record. A] The drawings and the Scope ofW ork, Section 01010 w!lS reviewed by the participants and the following comments were made: -G 1] -G 2] -G 3] -G 4] -G 5] -G 6] -G 7] -G 8] -G 9] -G 10] -G 11] -A 12] Place the card reader before the ticket spitter at entrance and exit of the parking. Loop to be moved forward, towards the street. Provide drainage at the bottom of the ramp at the 4th floor to catch the rain water before entering the 4th floor. Change the colors of the 2nd floor to 731 aqua and the 4th floor to 954 lavender. Provide microphone-speaker at the collection window. AllhardwaretobeScWage. Light fixtures to be of the swivel type, so they can move if they are hit by a vehicle. No substitution allowed to the light fixtures. Provide all new wiring. Replace existing lamps, poles and wiring. Provide new generator. Mr Adams will provide the architect with the desired layout for the revenue equipment. -G Gambach -A Adams - Arrow indicates action taken or to be taken. CC: Participants C:\Projects\691- Visitors Parlting\Minute-12.wpd Page 1 GAMBACH SKLAR ARCHITECTS, INC. MINUTES OF THE MEETING Project: VISITORS PARKING, City of Miami Beach Architect's Project # 691 Meeting # 13 Date: November 17,2000 Participants: Phone Fax Chuck Adams Parking Dept. C.M.B. [305] 673-7000 x6863 [305] 673-7853 Henry Jolmson Public Works Dpt. C.M.B. [305] 673-7028 [305] 673-7028 Walter Reddick Public Works Dpt. C.M.B. [305] 673-7028 [305] 673-7028 James Stamos Public Works Dpt. C.M.B. [305] 673-7000 x6747 [305] 673-7066 Saul Frances Parking Dept. C.M.B. [305] 673-7000 x6843 [305] 673-7853 Fernando Villao Parking Dept. C.M.B. [305] 673-7388 [305] 673-7853 Roberto 1. Gambach Gambach Sklar Architects, Inc [305] 866-2096 [305] 866-2099 Prepared by: Roberto J. Gambach, AIA The following is the Architect's understanding of the items discussed during the meeting. Participants are invited to review and comment on these notes within five days of receipt. After that they will become a permanent record. A] The Scope of Work was reviewed by the participants and the following comments were made: "A 1] .. A 2] "A 3] "A 4] 5] "G 6] "G 7] "G 8] Place the card reader before the ticket spitter at entrance and exit of the parking. This was verified by Chuck Adams. He will get a new layout for the Architect. Chuck Adams would like to use Atlantic Elevator for this contract. He will verify if this what the City wants. This will be a sole source. TIle specs for tlle renovation of the Elevator will be reviewed by Chuck with John Antone, Elevator Inspector of C.M.B. Elevator will be provided with a telephone. Chuck will detennine who will receive the calls from this phone. It was agreed that it would be wise to replace the elevator jack at this time, since no body can predict the life expectancy of the jack. It was estimated at $18,500. The generator to be diesel powered, no propane gas. The generator to provide power for all the parking lights and equipment. The time frame for this project was estimated as follows: a] Bid January 2,2001 b] Time for Bidding 45 days c] Return of Bids February 19, 2001 d] Award of Contract March 1, 2001 C:\Projects\691- Visitors Parking\Minute-13. wpd Page 1 e] Completion Time 90 days "G 9] The wheel stops will be removed, sandblasted, sealed and replaced, as part of the contract. .. A 10] Chuck Adams will schedule the sequence of the work to provide space for the tenants, the Courts, the Handicapped, etc. , "A 11] Several of the street parking spaces on 12th Street, west of the garage' entrance, will be allocated as staging area for the General Contractor, .. A 12] Several of the street parking spaces will be allocated for the Handicapped, during the construction period, It was suggested to use the spaces on 12th Street west of Washington Ave. "A 13] Copies of Scope of Work, Section 01010 were supplied to the participants by the Architect. They will review it and provide their comments to the Architect. "G 14] 3 sets of prints were requested by Chuck Adams. Architect will provide, "G Gambach "A Adams .. Arrow indicates action taken or to be taken. CC: Participants C:\Projecls\691- Visitors Parking\Minute-13.wpd Page 2 1998/~B SKLAR ARCBX~C~S, XNC. 1132 nm: CONComum: LEVEL T1iO BAY ~a XSLANDS, FI. 33154 Invoice Invoice Number: , 3443 Invoice Date: "Dec 7,2000 Page: 1 Voioe: 305/866-2096 Fax: 305/866-2099 Billed ~o: CITY OF MIAMI BEACH FINANCE DEPT/ACC. PAYABLE 1700 CONVENTION CENTER DR MIAMI BEACH, FL 33139 Customer ID Payment Terms Due Date Job 10 CITYMB (ADD PARK) Net 10 Days 12/17/00 Description Amount PROJECT VISITORS PARKING, 12TH ST & DREXEL AVENUE PHASE IV ~RCHITECT'S & ENGINEERS' FEES - $19,970.00 80% COMPLETION 15,976.00 Check No: Subtotal Sales Tax Total Invoice Amount Payment Received TOTAL 15,976.00 15,976.00 15,976.00 VISITORS PARKING PIIASE IV REDESIGn nRCIIITECTS nnD EnGinEERS rEES PROJECT: VISITORS PARKING ADDRESS: 12TH ST. AND DREXEL AVE. CITY: MIAMI BEACH. FL OWNER: CITY OF MIAMI BEACH ITEM DESCRIPTION \0\ ~b)~ Plinled-4/18/01-4:40 PM ESTIMATE: JOB#: ORIG: REV: QUANTITY UNIT UNIT COST < PHASE IV 100 ARCHITECTURAL DESIGN, DRAWINGS, SPECS AND CONSTRUCTION ADMINISTRATION 1 PRINCIPAL IN CHARGE 2 ARCHITECT 3 CAD OPERATOR 4 ESTIMATOR 5 CLERICAL 6 SPECIFICATIONS 7 BIDDING AND AWARD 8 CONSTRUCTION ADMINISTRATION 9 REVIEW SHOP DRAWINGS 10 PUNCH LIST 11 PREPARE 'AS BUILT DRAWINGS 12 13 ARCHITECTURAL SUBTOTAL 12 HRS 10 HRS 44 HRS 10 HRS 12 HRS 12. HRS 10 HRS 18 HRS 10 HRS 16 HRS 16 HRS - HRS - HRS 120.00 90.00 60.00 65.00 25.00 65.00 120.00 90.00 90.00 90.00 60.00 200 MECHANICAL & ELECTRICAL ENG. DESIGN, DRAWINGS, SPECS AND CONSTRUCTION ADMINISTRATION 1 PRINCIPAL-IN-CHARGE 2 CHIEF ENGINEER 3 SENIOR ENGINEER 4 CAD OPERATOR 5 CLERICAL 6 PREPARE 'AS BUILT' DRAWINGS 7 8 8 HRS 6 HRS 6 HRS 36 HRS 12 HRS 8 HRS - HRS - HRS MECHANICAL & ELECTRICAL ENG. SUBTOTAL 691-prkg\Fees.xls\Phase IV GAMBACH SKLAR ARCHITECTS. INC. 120.00 105.00 85.00 60.00 25.00 60.00 4 94-691 10/28/99 10/1/00 TOTAL $ > 1,440 900 2,640 650 300 780 1.200 1,620 900 1.440 960 $ 12,830.00 960 630 510 2,160 300 480 $ 5,040.00 Page 1 of 3 VISITORS PARKING ITEM DESCRIPTION Printed-4/18/01-4:40 PM QUANTITY UNIT UNIT COST TOTAl $ < PHASE IV 4> 300 STRUCTURAL ENG. DESIGN, DRAWINGS, SPECS AND CONSTRUCTION ADMINISTRATION 1 PRINCIPAL-IN-CHARGE 6 HRS 120 720 2 CHIEF ENGINEER - HRS 105 3 SENIOR ENGINEER 6 HRS 85 510 4 CAD OPERATOR 12 HRS 60 720 5 CLERICAL 6 HRS 25 150 6 - HRS 7 - HRS STRUCTURALENG.SUBTOTAL $ 2,100.00 400 PARKING EXPERTSISECURITY DESIGN, DRAWINGS, SPECS AND CONSTRUCTION ADMINISTRATION 1 PRINCIPAL-iN-CHARGE 2 CHIEF ENGINEER 3 SENIOR ENGINEER 4 CAD OPERATOR 5 CLERICAL 6 7 - HRS - HRS - HRS - HRS - HRS HRS - ,HRS 120 105 85 60 25 PARKING EXPERTSISECURITY. SUBTOTAL $ 500 ARCHITECTURAL LANDSCAPING DESIGN, DRAWINGS, SPECS AND CONSTRUCTION ADMINISTRATION 1 PRINCIPAL-IN-CHARGE - HRS 120 2 CHIEF ENGINEER - HRS 105 3 SENIOR ENGINEER - HRS 85 4 CAD OPERATOR - HRS 60 5 CLERICAL - HRS 25 6 - HRS ARCHITECTURAL LANDSCAPING SUBTOTAL $ 600 CIVIL ENG. 1 2 3 - LS - LS - LS CIVIL ENG. SUBTOTAL $ 691-prkg\Fees.xls\Phase IV GAMBACH SKLAR ARCHITECTS, INC. Page 2 of 3 VISITORS PARKING PIIASE III REDESIGn ARCIIlTECTS AnD EnGinEERS rEES PROJECT: VISITORS PARKING ADDRESS: 12TH ST. AND DREXEL AVE. CITY: MIAMI BEACH, FL OWNER: CITY OF MIAMI BEACH < 100 ARCHITECTURAL 200 MECHANICAL & ELECTRICAL ENG. 300 STRUCTURAL ENG. 400 PARKING EXPERTSfSECURITY 500 ARCHITECTURAL LANDSCAPING 600 CIVIL ENG. TOTAL > 691-prkg\Fees.x1s\Phase IV GAMBACH SKLAR ARCHITECTS, INC. Printed-4f18f01-4:40 PM ESTIMATE: JOB#: ORIG: REV: PHASE IV > > > .' 4 94-691 10f28f99 10/1100 > TOTAL $ 12,830 5,040 2,100 $ 19,970.00 Page 3 of3 " RESOLUTION No. 94- 21046 A RESOLUTION OP THIl MAYOll AND CITY COIIM:tSSION OP TIIIl CITY OP MIAMI BBACR, PLOllIDA, AllTROllIZING THIl MAYOll AND C:tTY CLERK TO EXECUTE AN AGlll!:1!:Ml!:NT WITH GAMBACR SKLAR AllCRITECTS, INC. POll AllCHITECTUllAL DBS IGN AND ENGINIlEll:tNG SERVICES LENDING TO THE EXPANSION OP AN EXISTING MULTI- LEVEL PARKING GARAGE. WHB:RDS, the City of Miami Beach ("City") issued a Request for Letters of Interest (RFLI No. 101/92-93) for "Professional Architectural Design and Engineering Services" i and W!U!:UAS, Gambach Sklar Architects, Inc. ("Consultant") submitted a proposal in response to City's RFLIi and WH2RBAS, the City and consultant have negotiated an agreement and the agreement has been recommended by the City Manager and approved as to form by the City Attorney; and NOW, THIlIlEPORZ, BB I'r DULY RZSOL VBD BY TIIIl MAYOll AND CITY COMMJ:SSJ:ON OP TIlE CITY OP MIAMI BEACH. FLOll:tDA.. that the City approves the proposal submitted by Gambach Sklar Architects, Inc. PASS:B:D and ADOPTED this ~ day eI'l"l CLERK February_ 1994. Attested by ~t.~ fjn 1/29/94 CITY OF MIAMI SEACH , ' CITY HALL 1700 CONVENTION CENTER ORlVE MI.&.MI BEACH FLORIDA. 33139 O""'CI! 0' THE CITY MANAoa" TlLlPHONI: CD) 1fa.7010 FAX: (305) 173-77U COMMISSION MEMORANDUM NO, ~ FROM: Mayor SaymclIJ" GaIba, and Mombers of the CIty Comml..1on RogarM.CaIlt I . Jl I CltyManagar ~ DATE: February. 2, 1994 TO: SUBJECT: A RESOLl1l'ION OF THB MllllllR AIID CITY CCMlISSION OF THB CITY OF MIAMI BEACH, FLORIDA, AtI'I.'HORIZIllG THB !lAYOR AND CITY CLEIU( TO BXECIlTB THB AGRBBMIlIIT WITH GI\MBACII, SKLAR AR.CIlITEtTS TO PROVIDE ARCIlITIlCTllRAL DESIGN AND BNGINBBRIllG SBRVICBS. ADMl.NI.S'rRAT'ION .gwt\ lM..n:l't.ma.....tOR: The Administration recommends that the Mayor and City commission execute the agreement for architectural design and engineering services that will lend to the expansion of the existing parking garage at 12th Street and washington Avenue (adjacent to Old City Halll. Rll~n1Int1'lllnt Over the past three years, the accelerated economic development in the Soutb Beach area has generated a substantial demand for additional parking infrastructure. Although this is a citywide problem, it i8 most acute in the Sout.h Beach area. The City's parking in~entory currently includes only three multi-level parking garages. Financial and historic preservation constraints have precluded the City from keeping pace with the growing demand for parking. The limited availability of land has resulted in a need to expand existing multi-level parking garagee and build additional multi-level parking facilities. . :a1ll1lT.Y8l:AI Gambach Sklar Architects, Inc. will lead the project team. Rich and ASBociatee, Inc. will provide both functional design and structural engineering for the projects and Hayden/Wegmen, Inc. will provide geoteChnical and survey services, as well as civil, mechanical and electrical services. Gambach Sklar Architects, Inc. has propo.ed . fee structure of six percent (6%) of total cOJUItruction casta. This fee ie conmensurate with indu8try standards. Aseuming the addition to two floors to the eXisting facility and a gain of 60 parking spaces, an expansion coat of approximately $360,000 is estimated (at $6,000 per spa~e). An additional $440,000 is estimated for other related ~ork involving the Police Station garage. Therefore, the total estimated construction cost of approximately $800,000 will result in a fee of approximately $48,000 (six percent of S800,aOO). 13 \CO~~t~~::d.. R- '7-trt:L DAn :;;}.-~-q<f -1- '. " MAYOR AND ~ISSION PAGE TIIO FEBRUllRY 2. 1994 COHCLnR:IOR: Based on the Parking Department's evaluationl the Administration supports the recommenda.tion to award the bid to Gambac::h Sklar Architects. It is imperative to move forward with this effort in order to provide the needed parking facilities. RMC:RS:FJR:SF 14 -2- .' " '. AGREEMENT BETWEEN CITY OF MIAMI BEACH AIl1l GAMBACH SKLAR ARCHITECTS, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RENOVATION OF A PARKING GARAGE LOCATED AT 12TH STREET AND WASHINGTON AVEIIUE 1 " UTJ:CLB 1. 1.1 1.2 1.3 1.4 1.5 1.1 1.7 1.. 1.10 1.11 1.12 1.13 1.14 1.15 1.11 1.17 lUlTXCLB 2. 'l'll1LB 07 eOnml'l'B DZ~XRITJ:OBB; DUTJ:ZB aRD RBBPOMBJ:BJ:LJ:TJ:ZB cxn cxn coaIBSXCIII CIn DIDlJa PJlOPOSUo DOClJlID'1'B COBBllL'nII't BUXC 811RVJ:CBS DB ROJBCT ~Clllca IIUII1IIUI CCIIIT1IACTOIl CO~ ~OR CCIII8TJ1'l1CTIClIf CClIf8TR'lICTXOII DClClIIUlII'1'B CIlUGB OJIDD aDDXTXClIfu. BBJlVXCBB WOJI8 BUa BXD SCB8DllLU BUXC SDnCaS 4 4 5 5 1 7 7 B 8 8 8 B B , , , , , a .1 GIIIIJlJIaL 9 2.2 BUXC SaVICBS , a.3 DUXGIl :PIIAlIa 10 a .4 COIISTR'lICTIClIf llClClJKBlllTS :PIIAlIB 10 a.5 BIDDJ:IIG OR IIBGOTUTXOII Pn8B 11 a.1 COIIBTR'lICTION :PIIAlIB, COIIBTR'lICTIClIf OBBDVATXON aRD ADXJ:NIBTllATXOII OJ' TII8 CClIfBTRtJCTION CONTRACT 12 2.7 REBPONBIBILITY ~OR CLAXMB AND LIUXLITIBB 15 a.B aDDXTIClIfu. :PJtOJBCT REPREBENTATJ:OII 15 2. , aDDITIOIIu. BDVICEB 11 2.10 TIU 18 lUlTXCLB 3. ARTXCLB 4. 4.1 4.2 UTICLa 5. UTICLI!: I. lUlTXCLB 7. 7.1 7.a 7.3 ARTJ:CLB 8. ARTICLB .. ARTJ:CLB 10. 10.1 10.3 10." 10.5 10.1 UTXCLB 11. ARTXCLII 12. TII8 CITY'B JlBBPOIIBXBILITIIIB COIISTRtJCTIClIf COST DIlJ'XNITXOB RUPONSXBILITY J'OR cONSTRUCTION COST DIRBC'l' pnSOIIIIBL Ul'IlIISII RIlINB'llJISULB IIZ:PIlIISBS PAYKENTS TO TIIIl COBStJLTANT PAYKENTS 011 ACC01lll'r OJ' BUIC BIlRVICBS PAYIIENT 011 ACC01lll'r OJ' aDDXTXOIIu. SBJlVICBS PROJBCT S'lISPBNSXON OR TBRNXNATION COIISllLTANT'S ACCOtJNTING UCORDS OWBBJISBIP AND 'lISIl OP DOC1IIIDI'rS TBRNINATIOII OJ' AGRIlIIMIINT RXGBT TO TBRM:tNATB TBRMlNATIOII J'OR CAusa TlIRIllIlAT:tOIl ~OR COlIVnIIlIICB IION-BXCL'lIBJ:va PROVISIONB IKPLBNBNTATION OJ' TBRNlllATION NON-BOLl CITATION XISClILLAIIIlO'llS PJlonSJ:ClIfs BXTBIIIT ~ AGR.._f 2 19 aD 20 aD 21 21 22 2a 23 23 23 24 24 24 25 26 26 27 27 27 .' lUlTXCLB 13. BUXS OJ' COKPBIISATION 2B 13.1 GBlIDAL 2. 13.2 COKPDlBATION ~ SJlJlVICBS 28 lUlTXCLZ 14. XNB'llJIAIICB 29 lUlTICLZ 15. XNDman:J'ICATION at lUlTICLll 11. ARBXTllATIOII 30 lUlTICLB 17. LIXITATXON OJ' LIUXLITY 33 UTXCLll 18. aDDITIOIIu. CONDITION. 33 BCBBDULllB - CONBULTANT COKPBIIBATIClIf RATU 31 3 TIIIJtIUI AND CONDITIONS OJ' AGIlllBII8NT .~~w..... TIIIl eXTY O~KIAKI BBACH (CITY) AND GAIIIIACH 8:1LAJ1 lUlC8XTBCTS, INC. (CCIII8ULTANT) ~0Il :PJt0J'1IBSXONu. ARC8XTBCTllRAL AND BNGXIIBDING SDneBS J'OJI Tall JIBIIOVATIOII OJ' A PAlUtING GUAG. AT 12ft 8TJ1ZBT AND WARBINGTOII AVIlN'llB, KIAKI BBACH, J'LORIDA TIIIS AGIl_ aade ancl entered into thia J y0 day of d~ , 1994, by and between the CITY OF KIAMI BEACH, a municipal corporation exiating under the laws of the State of Florida (hereinafter referred to ae City or owner), having its principal offices at 1700 Convention Center Drive, Miaai .each, Floride, and Gambach Sklar Architecte, Inc., whose address is 1132 Kane Concourse, Level Two, Bay Harbor Islands, Florida, 33154. (hereinafter referred to as Consultant). . t IJ.' . .. B 8 . 'r H. WBDBU, the city intends to build various capital projects within the City of Miami Beach, for parking facilities; and, WBDllA8, the Consultant desires to contract with the City for performance of architectural engineering and related professional services relative to these projects as more particularly hereinafter set forth, for studies, desiqn, preparation of construction documents and construction Administration Services, all as hereinafter stipulated. NOW TBDDOIl., City and consultant in consideration of the mutual covenants and agreementa herein contained, agree as follows: ~~~CLW 1. D"7wcr~~DH8: DUTy_. aBD R.SPORS~B7LY~~.. 1.1 ~ The "City" or "owner" shall mean the city of Miam.i Beach and is a Florida municipal corporation havinq its 4 " principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. The City, as a governmental entity, ie Subject to the availability of funde and appropriation of funds by its legislative body and other governmental authorities or sources of revenue, in an amount t.o allow continuation of its performance under this Agreement. In the event of lack of funding for this agreement or this project, this Agreement may be terminated by the City pursuant to the procedure set forth in Article 10. 1.2 C%~ ~X8.Z0. IICity Commission" shall mean the governing and legislative body of t.he City. The city Commission shall be the final authority t.o do or to approve the following actions or conduct. by passage of an enabling resolution or amendment to this Agreement. 1.2.1 The city Commission shall be the body to consider, comment upon, or approve of any amendments or modifications to this Agreement. 1.2.2 The City Commission shall be the body to consider, comment. upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to t.his Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 1..2.3 The city commission shall approve or consider all change orders which exceed the BUll. of ten thousand dollars ($10,000.00) (or other sueh amount as may be specified by the City of Miami Beach Purchasing Ordinance, as aaended.) 1.3 CX~Y u~~dBR The "City Manager" shall .ean the chief administrative officer of the City. The city Manager shall be construed to include any duly authorized designees inclUding a Project Coordinator and shall serve aa the City'S representative to whom administrative requests for approvals shall be made and who shall issue authorization. (exclusive of those authorizations reserved to the Commission) to the Consultant. Theae authorizations ehall include, without limitation: reviewing, approving, or otherwilile commenting upon 5 schedules, plans, report.s, estimat.es, contracts and other documents submitted to the city by the Consultant. 1.3.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement, which are not otherwise expressly provided for in this Aqreement, and he shall attempt to render administrative decisions promptly to avoid unreasonable delay 1n the progress of the consultant's work. 1.3.2 The city Manager shall additionally be authorized but not required at the request of the Consultant to reallocate monies already budgeted towards payment of the Consultant, provided, however, that he cannot increase the consultant's cONpensation or other budgets established by this Agreement. The City Manager, in his administrative discretion, shall consult with the city commiss~on concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. The city Manager shall additionally be the sole representative of the City authorized to issue a Notice ~o Proceed as referenced in Article 2 herein. 1.3.3 The city Manager may approve change orders which do not exceed the sum of ten thousand dollars (10,000.00) (or other such amount as may be specified by the city of Miami Beach purchasinq Ordinance, as amended) and which do not increase any of the budgets established herein. 1.4 'PROPOSS,T. not!tIlo ..........8 "Proposal Documents" shall mean the Request for Letter of Interest (RFLI No. 101-92/93), for "providing professional Architectural services in the Design of Parking Garages", issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the consultant. s proposal in response thereto ("Proposal ") which are deemed as being incorporated by reference in this Aqreement and made a part hereof i provided, however, that in the event of an express conflict between the Proposal Documents and this Aqreem.ent, this Agreement shall prevail. 6 1. 5 CONSULTANT The "Consultant" is herein defined as Gambach Sklar Architects Inc., whose address is 1132 Rane Concourse, Level Two, Bay Harbor Islands, Florida, 33154. 1.5.1 All architects required by the nesds of this project shall be duly licensed and acllllitted to practice professional design enqineering architectural services in this state pursuant to Chapter 481, Florida statutes, and additionally, possessing the requisite occupational licenses from the city and the county. All engineers required by the needs of this project shall be duly licensed an certified by the State of Florida to engage in the practice of engineering in this Stats. All special inspectors, if any, required by the needs of this project shall be duly certified, licensed and registered under Chapter 471, Florida statutes, as an engineer, or under Chapter 481, as an architect, and shall additionally possess the requisite occupational license from the City and the county. 1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any subconsultants, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any subconsultanta and any other person Or entity acting under the direetor or control of Consultant. 1.6 BAS XC SBRVICBS "Basic Services" shall inclUde normal professional arChitectural and enqineering services including but not limited to structural desiqn, architectural design, functional design for tr~ffic and parking, landscape architec~ure, Boils/geotechnical, and civil land surveying, electrical and mechanical engineering serviceB~ Basic services will also include preparation of contract documents and administration of the construction contract., and all poet award related services for the project herQunder~ The Basic 7 Services are more specifically delineated in the attached Schedule A, attached hereto and incorporated herein. 3. . 7 TIIIl PROJBC'l' The Project ehall be defined as the deeiqn and construction for the renovation of the existing city-owned parking facility located on the south side of 12th street, between Washington Avenue and Pennsylvania Avenue. 1.8 I'ORe. v.~. tlForce Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornados, flood and total loss caused by fire and other similar unavoidable casualties, changes in federal, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the project, or other causes beyond the Coneultant'e control or by any other such causee which the consultant and the city commission decide, in writing, to justify the delay. PrOVided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impaet on the bidding procese shall not be considered a Force Majeure. 1. 9 CQNTJIACTOIl "Contractor'l or "Contractors II shall mean those persona or entities responsible for performing the construction work or providing the materials, supplies and equipment identified in the bid and contract documents for the project. 1.10 (!n1l1'l'D'a"'" I'OR OOKSfttJCTIOM II contract for Construction-I shall mean contracts with contractors. 1.11 ~DRS'1'RUClft:OlI noctJJI...... "Construction DocumentsM shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.4 and approved by the city. 1. 12 CllANGIl DRDBJI "Change Order" shall mean the written order to the Project 8 Manager approved by the owner as specified in the Agresment and signed by the owner's duly authorized representative, authorizing a Change in the Project or the method an 1I'Ianner of performance thereof or an adjustment in the fees or completion dates, as applicable. Change orders shall only be approved by the City commission, if they exceed ten thousand dollars ($10,000.00) or the City Manager if they are ten thousand dollars ($10,000.00) or less in the amount (or other such amount as may be specified by the City of Miami Beach Purchasing ordinance, as amended). Even for change orders for less than ten thousand dollars ($10,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City commission for the approval of any such change order. 1.13 ADDI~IOIIAL SBRVICB. "Additional Services" shall mean those services described in Section 2.9 herein, which have been duly authorized by the City commission. 1.14 lIllBI\ "Work" shall mean all of the work to be performed on the project pursuant to the Contract Documents and the Construction and Bid Documents. 1.15 ll...IlIB BIb IIBaae B1d" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant tot he statement of Probable Construction cost provided by Consultant. "Base Bid" shall not include "Additive Alternatives" or "Deductive Alternates". 1..16 SCBRDULII "Schedule" shall mean all schedules attached hereto and incorporated herein. AR~YeLB 2. Basxc SERVICBS 2.1 The consultant. shall provide Basic services at an agreed upon lump sum. fee of six percent (6\:> of the approved construction cost, and hourly fees as provided in Schedule B, attached hereto , and incorporated herein. 9 2.2 The Consultant's Basic services shall consist of the tour phases described in Paraqraphs 2.3 through 2.6 and include architectural, structural, civil, and mechanical/electrical engineering services. 2.3 D.S~GH VR1.. 2.3.1 The Consultant shall review with the City alternative approaches to design and construction of the Project. 2.3.2 Based on a mutually accepted progra~ and Project budget requirements, the consultant ehall prepare, for approval by the owner, Design Docum.ents consisting" of drawings and other documents for the Project, and shall submit to the city a Statement of Probable construction Co.t. 2.4 COHS'l'1lttQT:tDll DOCUIIRR'I'S JII'IBAB 2,4.1 Based on the approved Design Documents, the Consultant shall prepare, for approval by the City, sufficient copies of the construction Documents for bidding purpose., including an additional reproductive mylar copy, and sufficient copies of the Construction Documents to bid the project, plus three (3) copies for the city. One of thess copies shall be in the form of a reproducible mylar, for bidding purposes. Consultant shall also file with the City at said time, the following items: (a) four (4) copies of the Statement of Probable construction Cost; (b) four (4) unbouncl copies of advertisement for bids; (c) six (6) unbound copies of the bid proposals; and (d) final maintenance i~pact report. The Consultant shall also provide the City with one (1) additional set of construction Documents at approximately eighty percent (80%) completion approxi~ately thirty (30) days prior to the date for delivery of the three (3) copiee of 100% Q~ complete Construction Documents for review by and comment by the city's Building Department. Should additional sets be required, Coneultant will make the necessary copies,M"T rD E.~c.e.t.~ CD "'"1""J~ 2.4..2 Construction document.s will be prepared, signed and r-~ sealed by design professionals. The Construction Documents shall call for a construction period 88 approved by the City Manager or hie designee. The entire project will be publicly bid with a Base 10 Bid and such Additive Alternates and/or Deductive Alternates as may be requested by the City, to reasonably insure that the award wiJ.l be within the construction Cost Budget. The Construction Documents shall .at forth in detail the requirements for construction of the Project including all the contractual, code (Local, stat.e, and federal law., rules and regulations), and teChnical specifications and requirements under which the work is to be conducted. All prerequisites for approvals ancl permits shall be mst. Prior to advertisement for bids, the Consultant shall assist the City in obtaining all necessary local, state and federal permits as may be required for construction ot the lTojecta The Consultant shall submit plans to the city for review at thirty percent (30\) completion, sixty percent (60\) completion, ninety percent (90\) completion, and one hundred percent (100\) completion. The city shall immediately review and make comments and changes as required for correction to the plans by the consultant. 2.4.3 The Consultaht expressly agrees that all of its dutiee, services and responsibilities under this Agreement and all of its consultants' duties, services and responsibilities shall be performed in accordance with the standard ot care normally <oxercised in the design of projects of this natur<o in the state of Florida. "Standard of Care. shall also include an analysis of visible site field conditions prior to initiating Project design. 2.5 BXDDIRG OR 1I1IGO'1'XA'l'IOIiI 'D'ft.AB 2.5.1 The Consultant, following the city's approval of the Construction Documents and of the latest statement of Probable Construction cost, shall assist the City in obtaining lump sum bids ~ith the Additional and/or Deductive Alternatives and assist in awarding and preparing the contract for construction. 2.5.2 The, Consultant "hall be raquired to tabulate all bids. Within three (3) working days thereafter, the Consultant shall submit in writing to the city's Project Coordinator, their recommendations for the award or rejection or the Construction 11 " contract, together with two (2) sets of the bid tabulations to be reviewed by the City. COHSTRUOTl:Olll P1D.S'Z. COBSftUM'IO)J' OBSZRVAlf'%OJl MID Jd)XIHlSTR1TlOll OJ' TKZ (:OlISTllDCTJ:OW Cn'UfIIa'a.CT 2.6.1 The construction Phase. will commence with the award of the contract for Construction and, together with the consultant's obliqaticn to provide Basic Services tor the Project, will terminate when final payaent to the Contractor is due, or in the absence of a final Csrtificate for payment or of such due date, sixty (60) days after the Date of Substantial Completion of tne work on the Project, or sixty (60) days after the completion date specif ied in the Contract for construction at the time of the award, whichever occurs last. The cityl. Construct.ion Coordinator will be the City's representative on the Project construction site. The presence of this Coordinator shall in no way diminish any of the Consultant's duties and obligations as deseribed hereunder. All changes Which would result in an increase of compensation to the Consultant must be approved by the City Commission. The City's Construction Coordinator snall be considered to be on the site for the benefit and protection of the City, and the Consultant shall have no right to rely on the Construction Coordinator for assurances or advice regarding work which is the responsibility of the Consultant. The Consultant and the City's ConstructIon Coordinator will hold rsgular site meetings on at least twice a month basis bet.ween th81ll..1vBs, the contractor and the various subcontractors, as may be appropriate. 2.6.2 The Consultant shall provide administration of the Construction contract as Bet forth herein, or in the general or supplemental conditions of the contract for construction, and the Consultant's aSSigned authority thereunder shall not be modified without the consultant's written consent. 2.6.3 The consultant shall advise and consult with the City, and keep it informed of the progress of the work, including percentage completed on a monthly basis. during the construction Phase. After issuance of the work order to proceed with the work, 12 all of the City's instructions to its contractors shall be issued throuC)'h the Consultant's representative with approval by the city. ..6.4 The Consultant shall visit the site at periodic intervals appropriate to the stage of construction, or as ia othero"ise requested by the City, to become familiar with the progress and quality of the work and to deterlline if the work 18 proceeding in accordance with the contract Documents. The Consultant Shall not be obligate.d. to make continuous or exhaustive on-site inspections to check quality and quantity of the work. on the basis of such on-site inspections, the Consultant 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 contractor.. Upon discovery of any defects or deficiencies, the Consultant shall immediately notify the City's Project Coordinator. 2.6.5 The Consultant shall not have control of, or be in charge of I and shall not be responsible for construction meana, methods, technique., sequences or procedures, or for safety precautions and proc;rraJls in connection with the work, for the acts Or omissions of the Contractor, sub-contractors or any other persons performing' any of the work, or for failure of any of them to carry out the work in accordance with the Contract Documents. 2.6.6 The Consultant shall at all times have access to the work wherever it is in preparation or progress. 2.6.7 The consultant ahall determine the amounts oWing to the contractor based on observations at the site and on evaluations of the Contractor' B applications for payment and shall issue certificates for payment in such amounts, as provided int he contract doc~ents, subject to the City's approval. 2.6.8 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 as provided in Subparagraph 2.6.4 and on the data comprising the Contractor's application for payment, that, to the best of the consultant's knowledge, information and belief, the work has progressed to the 13 point indicated; that, based on the consultant's observation of the work, t.he quality of the work is in accordance with the contract docwaents (subject to an evaluation of the work for conformance with 'the cont.ract document.s upon substantial completion, to the reeults of ..ny subseguent tests reguired by or performed under the contract doeuments, to minor deviation. from the contract doeuments correctable prior to completion, and to any specific gualific..tions stated in the certificate for paYNent) and that the contr..ctor is entitled to paYNent in the amount certified. However, the iseu..nce of a certificate for payment shall not be a representation that. the Consult~nt has made any examination to ascertain how and for what purpose the contractor has ueed the 1llOnies paid on account of the contract sum. 2.6.9 The Consul t..nt shall review and approve or tlike other appropriate ..ction upon the contr..ctor's sublllittals euch as Shop Drawings, Product Data, and Sample. and other submissions of the contractor for conformance only with the design concept of the work and with the information given in the Contract Docwnents. Such action shall be t..ken with re..sonable promptness so ..s to cause no delay. The consultant's approval of a specific item shall not indicate approval of an ..ss81llbly of which the item is a component. 2.6.10 'lhe consultant Shilll prepare change orders for the City's approval ..nd execution in accordance with the Contract Documents, and shall have authority to order minor changes in the work not involving an adjustment in the contl"act Bum or an extension of the contr..ct time which ..re not inconsistent with the intent of thE! contract Documents. Meeting notes docwnenting all minor ch..nges shall be presented in writing to the Project Coordinator after each .eeting. 2.6.11 The Extent of the duties, responsibilities and limitations of authority of the Consultant as the city'S representative during the construction Phase shall not be modified or extended vithout the prior written consent of the city Manager o~ his designee. 14 2.6.1:Z structura.l, inspections DocUlQenta. 2.6.13 The Consultant shall prepare a set of reproducible record drawings ehowing the cOllplete Project as it is finally built (i.e~, lias built" drawings) from information collected by the Consultant from the contractor(.). These shall be similar in scale and scope to the contract drawinge but .hall include all occu~rence. and instances where the finished building differs from the contract drawings as a result of duly approved changes made duril1g the construction of the Project. :Z.6.14 Consultant shall conduct inspectione to dete~ine the Datee of Subetantial and Final completion an~ shall iseue a certiticate for final payment by the Contractor under the contJ:"act Documents. The index and eummary shall liet each of the warranties, indicating the term, conditions, and purported legal enforcement and recourse rights of the city as indicated by the language in the Warranty. 2.7 R.SPOHSXBIL%~Y.o. CL1XXB aHD L%~BrLXTIBS Approval by the City ehall not constitute nor be deemed a release of the responeibility and liability of the Consultant, his employees, sub-contractors, agents and consultants for the accuracy and competency of t.heir design., working drawings, specifications or other documents and works; nor shall such approval be deemed to be an assumption of such responsibility by the city for a defect or omission in deSigns, working drawings, and specifications or other documents prepared by the Consultant, his employees, sub- contractors, agents and consultants. However, the Consulta.nt .hall be entitle~ to reply upon the accuracy and validity of decisions and informatiol1 furnished by the City. 2.8 ADD'I'r'I01In P'I'ZLb .zn'Zsmrr:a.'.r'Iollt Should the City and the consultant agree that more extensive representation at the site than is described in Paragraph 2.6 is advisable, such additional Project representation shall be provided The city mechanical, and reports shall furnish, in a timely manner, chemical and other laboratory tests, as required by law or the Contract 15 and paid tor as an Additional service. 2.9 ~nDY~Xox.L 8ER~CZS Unle"s specifically provided for in the Agree_nt. the following services are not included in the Basic services set forth in the Agreement and in the attached Schedule A. Any Additional services must be authorized in writing by the City commission, or by the City Manager, if under ten thou"and dollars ($10,000), in advance of their performance. Additional services will consist of the tOllowing services, 2.9.1 Providing servicss to investigate existing conditions or facilitie.. or to make measured drawings thereof, and to verify the accuracy of drawings or other information furnished by the City in the event of an inconSistency or OI!lission in the drawings. 2.9.2 Making revisions in or addition to drawings, specifications or other docUlIlents when such revisions or add.itions are inconsistent with written approvals or instructions previously given, or are required by the enact.ent or revision of codes, lsws or requlations SUbsequent to the preparation of such documents or are due to other causes not solely within the control of the Consultant. 2.9.3 )laking investigations, surveys, valuations, inventories or detailed appraisalS of eXisting facilities, and services required solely in connection with construction performed by the City after issusnce of this document. .2.9.4 Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing services as may be required in connection with the replace.1llent of such work so long as the fire or other cauae. of damage are not the result of fault.y directions or documents furnished by the consultant. 2.9.5 Providing serviees made necessary by a default ot the contractor, or by major defects or deficiencies in the work of the contraotor, (provided conliultant promptly notified the city of any such defects or deficiencies observed by Consultant), or by 16 failure of psrformance of either the City or the contractor, as same is defined under the Contract tor construction. 2.9.6 providing Basic Services atter issuance to the city of the final certificate for payment, or in the absence of a final certificate for payment, more than sixty (60) days after the date of substantial completion of the work, or sixty (60) days after the completion date set forth in the construction Contract, whichever 18 later. 2.9.7 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation hae ar18en from failure of the consultant to meet the Standard of Care established in Section 2.4.3. 2.9.8 Preparinq doc\Ullents for change orders, or supplemental work initiated at the city's request and outside the scope of the work specified in the Construction Documents, after commenc..ent of the Construction Phase. 2.9.9 Making revisions in Drawings, Specifications or other documents when such revision. are inconsistent with written approvals or instructions previoualy given, are required by the enactment or revision af codes, laws or regulations subsequent to the preparation of such docuaents. If changes are required to be made because of cost exceeding the approved budqet, error, oversight, inadvertence, clarification or discrepancy in the work of the Consultant, City shall not be liable to compensate consultant for Additional Services in such connection. 2.9.10 Providing consultation concerning replacement of a new project or damage by fire or other caus. during construction, and furniShing professional services the type set forth herein as may be required in connection with the replacement of such work, so long as the replacement is not through the causes of the consultant.' deficiencies or errota. 2.9.11 providinq professional services made necessary by a default of any contractor or sub-contractor in the performance of the construction Contract. 17 ." '. 2.9.12 Providing contract administration services during the Construction Phase, should the Construction contract time and working days be extencled by more than 10 percent (lot) or a minimum of sevsn (') days through no fault of the consultant. 2.9.13 Providing planning, programminq, program investigating and evaluation services, economic studiee, feasibility studies, unless such studies are included in the Basic Service. described in Section 1.6 by mutual consent or the Consultant and the City. 2.9.14 Providing certified land surveys and similar information. 2.9.15 Providing such other professional esrvices to the city relative to the Project which arise fro. subsequent circUDstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the consultant) which do not currently exist or which are not contemplated by the parties at the time executing this Agreement. services provided for by this subsection must be approved by the city Manager within hia scope of authorization or the City COllUDiss1on, should the expenditures exceed the City Manaqer's authorization. 2.10 %DUI :It 1. understood that time is of the es..nce in the completion of this project, ancl in this respect, the parties agree as follows. 2.10.1 The Coneultant shall perfora Basis and Additional Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the ,",ork, and in accordance with the time line set forth in Schedule C, attached hereto and incorporated herein. The consultant may subNit to the City adjustments to this SchedUle made necessary by undue. time taken by the City to approve the Consultant's submissions, and/or excessive time takan by the city to approve the work or parta o:f the work. This Schedule, when approved by the city, sha11 not be exceeded by t.he Consultant. 2.10.2 The parties agree that the Consultant's services during all phases of this project will be performed in a manner 18 which shall conform with the approved schedule as may be amencled. aRT~CLZ ~a THB ~~~Y'R R.8PDKS7B~LrTrBS 3.1 The city has provided Consultant with the Project goals and design elements as set forth in the RFLI and in Article 1.7 herein, and shall provide consistent with the foregoing described goals such additional requirements for the Project as may be necesaery, includinq space requirements and relationships, flexibility and expendability, special equipment and systeme and site requirements. 3.2 The City shall establish a construction Cost Budqet for the Project, which may include contingencies for bidding, changes in the work during construction, and other costs which are the responsibility of the City, including those described in this Article 3 and in subparagraph 4.1.2. The City shall, at the request of the Consultant, provide a statement of funds available for the project, and their source. 3.3 The City Manager shall designate a representative defined as the City's Project Coordinator authorized to act in the City'S behalf with respect to the Project. The City'S Project Coordinator shall examine the documents submitted by the Consultant and shall transmit written decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services_ The city shall observe the procedure of iSSUing orders to its contractors only through Consultant. 3.4 At the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such aUditinq services a8 the city may require to verify the Contractor's applications for payment or to ascertain how o~ for what purposes the Contractor uses the monies paid by or on behalf o~ the City. 3.5 If the City observes or otherwise becomes aware ot any fault or defect in the Project or nonconformance with the contract documents, prompt written notice thereof shall be qiven by the City to the Consultant. 3.9 3 . 6 The city shall furnish required information and services and render approvals and decisions in writinq as expeditiously as necessary for the ordeJ:ly progress of the Consultant's services and of the Work. No approvals required by city during the various phases of the Project shall be unreasonably delayed or withheld; provided that city shall, at all timee, have the right to approve or reject any proposed submission (e) of the Consultant for reasonable basis. U'fYCLB ". COlfB'l'R.'O(!llIYOX cnslJ!l 4.1 DD'INIT1:ON 4.1.1 The Construction Cost shall be the total coat or estimated cost to the city of all elements of the Project designed or specified by the Consultant and approved by the City as more completely defined in ArtiCle 1.9. 4 .1.2 The Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the cost of the land, rights-af-way, materials testing services, and survey.. 4.1.3 For work not constructed, Construction Cost shall be the same as the lowest bona fide bid or competitive proposal reoeived and accepted froll\ a responsible bidder or proposer for any and all of such work; 4 .1.4 For work which bids or proposals have not been let, Construction Cost shall be the salDe as the latest statement of Probable construction Cost or detailed cost estimate. The city shall have the right to verify the Probable Cost or detailed cost estimate by the Consultant. 4.2 R1!lS'P01ISI.BY.Lt:TY I'DR COVAT'RUC'r1:01l COST 4.2.1 Ir the bidding phase has not commenced within three months arter the Consultant submits the Construction Documents to the city, and the City approvals have been made, the total time being known as the date of approval, the construction cost Budget shall be adjusted to reflect any change in the general level of 20 prices in the construction industry between the date of submission of the Construction Documents to the eity and the date on which proposals are sought. 4.2.2 If the lowest bona fide base bid exceeds the construction Cost Budget (adjusted as provided in SUbparagraph 4.23.2) by more than five percent (5'), the City Commission shall, at ita sole discretion, have any of the following options, 1) give approval of an increase in the Construction cost Budget; 2) reject all bids or proposals, authorize rebidding, or (if peraissible) authorize a renegotiation of tha Project within a reasonable time; 3) abandon the project and terminate the Consultant's services for the Project; 4) select as many deductive alternatives as 'may be necessa~ to bring the award within the Construction Cost Budget; or 5) cooperate with the Consultant in reducing the Project scope and quality, construction schedule, and sequence of work a8 required to reduce the construction cost. In the event the City elects to reduce the Project scope ancl quality, the' Consultant shall provide such revisions to the Construction Documents and provide rebidding services, as 1I1any till.s as requested by the City, as a Basic Service, with no additional cost to the city, in order to bring the bids within five percent (5') of the agreed upon Construction cost Budget. ~lf'I:(!L. 5. DXRBm PmtSt\VV1IT. BUmfSU 5.1 For Addi1::ional Services rendered under this AgTeement, the Consultant and its SUb-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedule B. ARlfl:CLB 6. R.Bt:IIBUllSULB BUnsB. 6.). Reimbursable expenses are in addition to the compensation for Basic Additiona.l services and include a.ctual expenditures made by the consulta.nt and the consultant's employees and consultants in the interest. of the Project for the expenses listed 11\ the following subparagraphs. All reimbursable expenses pursuant to this Article, must be 21 authorized in advance by the city Manager or the City's Project coordinator. Invoices or vouchers for reilDbursable expenses shall be submitted along with support.ing receipts, and other back-up material reasonably ~.que.ted by the City, by the Consultant to the city, and Consultant shall certify as to each such invoice that the amounts and ite~ claimed as reimbursable are t~e and correct and in accordance with the Agreement. Expenses subject to reimbursement in accordance with the above procedures are as follow,,: 6.1.1 Expense of data processing when such data processing eQUipment is available either directly by the Consultant or throuqh an outside service, shall not be reimbursable but should be included in Basic Service.. 6.1.2 If authorized in advance, in writing, by the City Manager or the city' s Project Coordinator, expense of overtime work requiring higher than regular rates not caused by Conaul~ant or part of Consultant's Basic Services, special consultinq services, it any, or other services. 6.1.3 Expense 0% any additional insurance cove.raq8 or limits requested by the City in excess of the insurance requirement set forth in Article 14. 6.1.4 Expense of transportation in connection with the project; living expenses in connection with C)ut-ot-~own travel; long distance communications; and fees paid for securing approval of authorities having juriSdiction ovsr the Project. Consultant shall eOIDply with he City's standards for reimbursable travel expenses, Travel within Dade county shall not be reimbursable. 6.1.5 Expe.nae of reproduction, postage and handling of drawings, speCifications and other documents are e.xpenses to be borne by the Consultant under the Basic Services. 6.1.6 Aerial. photoqraphy expenses and other photographic production expenses. UTXOLI: 7. P1YJ011'l1B TO HB COH8'DLTAJIT 7.1 PAYMmJ'lI8 011 AC!eomrr 01' BUXC 8D.V:Z:ClfS 22 7.1.1 Payments for Basic Services shall be mads monthly based upon work completed and approved by the Project coordinator, upon presentation and receipt of Consultant's invoice or statement. When compensation is made on the basis of a lump BUll, then payments shall be made in proportion to the service performed in each phase so that the payments for Basic services for each phase shall equal the percentages of: the Total Compensation in accordance with schedule from each phase. 7.2 PAnlllNT ON ACCOUNT or aDDITIClIfu. BlIRVJ:eBB 7.2.1 payment on account of the Consultant's Additional Services, as defined in Section 2.9, and for reimbursable expenses, defined in Article 6, shall be made within forty-five (45) days of presentation of the consultantls detailed statement or invoice of services rendered or expenses incurred which shall be rendered in duplicate to the City Manager. 7.3 PR03Be~ 8U8PZH8%ON OR .~YI~~IOB 7.3.1 Upon written notice to Consultant, the 'City shall have the right to suspend or terminate the services. If the Project 1s suspended or abandoned in whole or in part for more than three (3) months, the Consultant shall be compensated for all eervices performed prior to receipt of written notice from the City ot such suspension or such abandonment, together with reimbursable expenses then due. If the Project is reeumsd after being suspended for more than three (3) months, the consultant's c01llpensation shall be equita.bly adjusted including any necessary start-up costs. Prior to any payment due to suspension, the Consultant must provide the city with all documents, reports, drawings, co~puter reports and the like, reflecting the work completed to date. 7.4 No deduction shall be made from the compensation Contractors. on account of sums withheld from Consultant's payments to .-Ifxcr.l!! 8. CO.SUL~'R AC:Cotnrrt:XCJ R1!lCORD8 8.1 Records of reimbursable expenses and expenses perta.ining to Additional services and services performed on the basis o~ a 23 mUltiple of direct pereonnel expenee shall be kept on the basis of generally accepted accounting principles and shall be availabls and open tor inspection to the City and the city'. authorized representatives at mutually convenient times and location. All'l'YC!LB .. O1IIIDsnp um DS. 01' DOQtJX~. 9.1 All plans or drawings will be prepared and sUbmitted by Consultant to the City for approval. Working drawings "ill be prepared on Plate 8 tracing cloth or mylar drafting film or the equivalent, with all lettering in ink or pencil or pre..s-type and clearly leqible when the sheets are reproduced and reduced to half siz.. 9.2 All docuaents including, but not liaited to, tracings, drawings, estimates, specifications f invest.igations ancl studies completed or partially completed, shall become the property of the City upon the completion or termination of the Project. 9.3 upon completion of the construction of the Project, Consultant shall, within ninety (90) calendar days, following final inspection, deliver to the City, the original contract, working d~awingB and tracings, or mylar or aepia prints (3 mil), correct to as built conditions, to the City'S Construction Coordinator, including all changes made during the course of the project. Consultant shall deliver the above dOCUlllents to the City within thirty (30) days Of termination of this Agreement or termination or abandonment of the Project. UlfI:I(!L1i 10. 'J!'WDvYID....rOK 01' AOR.Wnmrr 10.1 Riaht to Terainate The city may t~inate this Agreemsnt for cause in the event that: 1) the Consultant willfully violates any prOVisions of this Agreement or performs same in bad faith; or 2) unreasonably delay. the performance ot the Service., upon notice to the Consultant, in writing, seven (7) days prior to auch termination. Payment for Services performed up to the date of' the notice of termination shall then be made in accordance with ArtiCle 10.3 24 herein. 10.2 TIlE CITY, IN ADDITION TO THE RIGHTS AND OPTIONS TO TERMINATE GIVEN ABOVE, OR ANY OTHD PROVISIONS sm FOllTH IN THIS AGREEMENT, llETAINS THE RIGHT TO TERMINATE THIS AGllEEMENT AT XTS SOLE OPTION, AT ANY TIME, FOR ITS CONVENIENCE, WITHOUT CAUSE AND WITHOUT PENALTY, lIlIEN, IN ITS SOLE DISCRETION, IT DEEMS SUCH TERMINATION IS IN THE BEST INTEREST OF THE CITY. PAYMENT FOil SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF THE NOTICE 01' TERMINATION FOil CONVENlI!HCE, AND FOil DELIVERY OF DOCUMENTS, SIIAl.L BE IN ACCORDANCE WITH ARTICLE 10.4 HEREIN. 10 ~ 3 The conSUltant may terminate this Agreement for ca.us. in the event that the city willfully violates any provisions of this Agreement or unreasonably delays payment for the service., upon written notice to the City, thirty (30) days prior to teraination. In that event, payaent for Services satisfactorily performed prior to the date of termination ahall be mad. in accordance with Article 10.4 herein. The conSUltant shall have no right to terminate this Agreement for convenience of the Consultant, or without cause. 10.4 "l'.rm.i1'la~io1'l of' Cau.. In the event this Agreelllent is terminated by the City for cauae, the City may take over the Services and complete them, by contracting with another Consultant(s) or otherwise, and, in such event, the Consultant shall be liable to the City for any additional cost incurred by the city due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. Payment for Services satisfactorily performed by the Consultant prior to receipt of notice of termination for cause, and sucb Services having been accepted by the city, shall be made in accordance with Article 7.1. herein and the city shall have no further liability for compensation expenses or fees to Consultant, 25 except as set out in Article 7.1. Upon J:eceipt of written notice of termination, the consultant shall promptly assemble and submit as provided herein or as rQquired in the written notioe hereunder, all doouments includ1nq d~awings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. In the event of termination for cause, no payments to the Consultant shall be ~ade 1) for services no satisfactorily performed; and 2) for ass~ly of submittal of documents for the Services performed satisfactorily or unsatisfactorily. 10.5 ~.rainatioft for Convenienae .on-Wxo1u.ivA Pro9i.ion. In the event the City causes abandonment, termination or suspenaion of the consultant1s Services or parts thereof without cause as provided in Article 10.l herein, the Consultant shall be compensated for all services rendered up to the time ofjreceipt of said notice of abandonment, terD.ination, or suspension, and for the assembly and submittal to the city of affected documents for the Services performed shall be in accordance with Article 7 herein and City shall have no further liability for compensation expen.es or fees to Consultant, except as set out in Article 7.1. 10.6 rmDl...n~&~iaD or ~.raiD.~loD In the event of termination si ther tor ca.use or for convenience, the Consultant, UpOI1. receipt of the notice of termination, shall 1} stop the performance of services under this Agreement on the date and to the extent specified in the notice of termination; 2) place no further orders or subcontracts except as ~ay be necessary for completion of any portiones) of the serv1ces not terminated, and as authorized by the written notics; 3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the notice of termination; 4) promptly assemble and submit as provided herein all documents for the services performed, inCluding drawings, calculations, specifications, correspondence, and all other 26 rel.evant materials affected by the termination; 5) and cOlllplete performance of any Services as shall not have been termina~ed by the notice of termination. 10.7 .oB-Boliei~~iaB The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it haa not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to annul this Agreement without liability to the Consultant for any reason whatsoever. ARTXCLZ 11. Ja8Qwr.T.""OUII nonSI.OIt. 11. 1 This Agreement shall be governed by the laws of the state of Florida. 11.2 Terms in this Agreement which have not been defined in Article 1.1 shall have the seme lIleaning as those in AlA Document A201, General Conditions of the contract. for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement; as to all act.. or failures to act by either party to this Agreement, any applicable statute of limitations shall co~ence to run and any alleged Cause of action shall be deemed to have accrued in any and all evente not later than the relevant date of subetantial completion ot the Work and the issuanc::e of the temporary certificate of occupancy, and as to any acts or failures to act occurring after the relevant date of subst~ntial completion, not later than the date of iseuance of the final certificate for Payment. AIlT%ct..1I 12. U'l'IDI'f or aCJR1IWII1ftII'P 12. 1 This Aqre81lent represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruments signed by both city and consultant in the ~nner provided herein. 27 ~T'ICLB 13. B1S'lR O'JI COll7"R~'1"'!:01I 1.3.1 Qi1l!1ll1l'D'a.T. The city shall compensate the Consultant for the scope of Services in accordance with ArtiCle 7 of the Agreement, and subject to all applieable terms and conditions. 13.2 COK:PDlBATION ~OR SIlJIVICllB The Consultant shall be compensated for Basic Services, Additional services and reimbursable expenses on the basis set forth below: 13.2.1 Basic services shall be compensated for on the basi. of a lump sum fee of six percent (6%) of the approved Construction cost, and more specifically set forth in Schedule D. In the event the cost of the Project exceeds the budgeted amount, the Consultant shall be required for any and all redesign required to reduce the costs to meet the ne\l budqeted amount, at no additional cost to the City, and as part of the Basic Services provided herein. 13.2.2 Any servicas not included in the provisions of this Agreement shall be carried out by the consultant only upon prior written authorization by the City. 13.2.3 The hourly rate tor compensation to the consultant for Basic and Additional Services, shall be as set forth in the attached Schedule B. The ten "Additional Service" shall also include any work required and approved by the city, including work involving all or any sub-consultants, whether previously retained for the work or not or whether participating as melllbers with Consultant or not, subject to the city's right to previously approve any change in the consultants as set forth in this Agreement. 13.3 payments due the Consultant and unpaid under this Agreement will be considered due forty-five (45) days from receipt by the City of a deta!led Btat~ent or invoice, unless City contest an item or items set forth in the invoice. 28 UTXCLB 14. INSlIRAIICII The Consultant ahall comply throughout the term of this Agreement with the insurance provisions stipulated herein. It is agreed by the parties that the Consultant shall not co...ence with the Project until proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: a) Architects and Engineers Profes..ional Liability In..urance in the amount of Five Hundred Thousand ($500,000.00) Dollars per occurrence on a clai.. made form. b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and property Damage coverage for each occurrence, which will include products, completed operation., and contractual liability coverage. The city must be named as an additional insured on thie policy. c) Worker's compensation and employer's liability coverage within the statutory limit.. of the state of Florida. d) Thirty (30) daye prior written notice of cancellation or substantial modifications in the insurance coverage must be given by the Consultant to the city Manager. e) The insurance must be furnished by an insurance company rated B+: VI or better I or its equivalent, according to Bests I Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the state of Florida and countersigned by the company'" Florida resident agent. All'l':rCLB 15. YIID'IDOf1:P:J:C!A.'l'Y01f 15.1 In consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, the Consultant hereby agl:ees to indemnify, defend and hold the City and its employees, agents and authorized representatives harmless with respect to any and all costs, claims, damages and liability which may ariBe out of the performance of this Agreement as a result of any negligent acts, errors or omission of the Consultant, or the Consultants sub- consultants, if any, or any other person or entity under the 29 direction or control of consultant. The consultant shall pay al.l claims and losses arising out of consultant's negligent acts, errors or omissions and shall defend all suits, in the name of the City, its employees, agents and authorized representatives when applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. 1R~YCLZ 1.. ARB~~~%OM 16.1 All claims, disputes ancl other matters in question between the Consultant and the City arising out of, or relating to this Agreement, the project, the Work, the Contract DOCUllents or the breach thereof may, at the city's sole option, and only upon the exercise of that sole option by the city, together or separately as the City seeS fit, bs decided by arbitrl'tion in accordance with the Construction Industry Arbitration Rules of the American Arbitration As.oeiation. 16.2 Any arbitration arising out of or relating to this Agreement, the Project, the Work, the Contract Docuaen~., or the breach thereof may include by consolidation, joincler or in any other manner, at the Clty.s sole option, any other entities or persons whom the City believes to be substantially involved in a common question of fact or law. In the event that more than one claim, dispute or other matter in question shall be in existence at the same time, the City may at its sola option decide which of such claims, disputes or other matters in question shall be arbitrated and which shall not be arbitrated. SUch decision shall be final and unappealable, and no arbitration shall bs authorized to consider, decide, or make any award on any claim or matter which City has determined shall not be arbitrated. 16.3 In the event that the Consultant wishes to request arbitration of any Claim, dispute or other matter in question, the Consultant shall tile a notice of demand for arbitration in writing with the eity specificall.y describing the claims, disputes and other 1Ilatters in question which the Consultant wishes to sUbmit to arbitrii!ltion~ The consultant may not unilaterally elect arbitration orcauflJe arbitration to occur~ The city has the sole discretion to 30 decide whether or not any such claims, disputes, and other matters shall be submitted for arbitration. If the City wishes to submit any claim, dispute or other matter in question, whether or not it is the subject of a request for arbitration by the Consultant, the city shall file a notice of dell\llnd for arbitration with the American Arbitration Association and with the Consultant. 16.4 The city shall have the right, but not the obligation, by so electing in its arbitration demand, to invoke the following method of sel.ection of arbitrators in lieu of that otherwise provided by the Ameriean Arbitration Association Rules. If the City so elects in its notice of demand for arbitration, the city may appoint one party-appointed arbitrator in its notice of demand for arbitration. If the city does so, the Consultant may, within ten (10) days, appoint a second party-appointed arbitrator. These two party-appointed arbitrators shall, within thirty (30) daye, or such further time as may be agreed upon between the City and the Consultant, appoint a third arbitrator. If the party~appointed arbitrators fail to appoint a third arbitrator, the third arbitrator shall be appointed in accordance with the Construction Industry Arbitration RUles of the American Arbitration Association. 16.5 The City may elect in its notice of demand for arbitration, to have the discovery rights and procedures provided by the Florida Rules of Civil procedure to be available and enforceable within the arbitration proceeding. 16.6 In any case in which the city elects to submit a clai., dispute, or other matter in question to arbitration as provided herein, the City shall, in its sole discretion, select the locale for the arbitration. Any request or demand for arbitration hereunder shall be made before the date when institution of legal or equitable proceedings based on such claim, dispute or other ~atter in question WOUld be barred by the applicable statute ot limitations. 16.7 This Agreement to arbitrate shall be specifically enforceable by the City under the prevailing arbitration law. AnY award rendered by arbitrators shall be final and enforceable by any 31 party to the arbitration, and judgment may be rendered upon it in accordance with applicable law in any court havinq jurisdiction thereof. 16.8 consultant and city mutually agree to arbitrate under the te..... and conditions outlined in this Article. Consultant has included in the contract price to be paid on this contract a SUID of not less than ten dollars ($10.00) as compensation ancl consideration for irrevocably Offering the foregoing options and arbitration rights to City. In further consideration for such irrevocable offer and grant of the foregoing options and arbitration rights to it, City agrees that, notwithstandinq its right and discretion not to do BO, it shall arbitrate, afte~ the final completion of the work, any claims ~hich consultant selects which total, in the aggregate, up to ten thousand dollars ($10,000,00). City's obJ.igation to arbitrate sllch claims totallinq up to ten thousand dollars ($l.O,ooo.OO) shall be specifically enforceable by Consultant under the prevailing arbitration law and any award rendered by the arbitrator(s) shall be final and enforceable by any party to the arbitration, and judgment may be rendered upon it in accordance with applicable law in any court having jurisdiction thereof. 16.9 unless otherwise agreed in writing, and notwithatandinq any other rights or Obligations of either of the parties under any contract Documents or agreements, the Consultant shall carry on with the performance of its services and duties hereunder during the pendency of any Claim, dispute, other matter in question or arbitration or other proceeding to resolve any claim, dispute or other matter in question, and the city shall continue to make payments to the consultant in ae;:cordance with the contract Documents, but the City shall be undeJ:' no obligation to malu! payments 1:0 the Consultant on or against such olai.s, dlsputfls, or other matters in question, during the pendency of any ~bit~ation or other proceeding to resolve such claims, disputetl or other matters in question. 32 16.10 The city and Consultant agree to abide by the Arbitrator I & recommendation as to Which party shall bear the costs of arDitration. UT:l:CL. 17. L:l:KI'rATIOII ~ LIUXLXTY 17.1 The City desires to enter into this Agreeasnt only if in so doing the City can place a liait on city's liability for any cause of action for money damages due to an alleged breach by the city of this Agre...ent, so that its liability for any such breach ne.ver exceeds the amount of any outstanding sums owed pursuant to payment of the Basic Services as set forth in this Agreement. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from. the City for any damage action for breach of contract to be limited to a maxi~um amount of any outstanding monies owed pursuant to Consultantls fa. as set fort.h in the Basic Services under the Agreement, less the amQunt of all funds actually paid by the City to Consultant pursuant to sams. Accordingly, and notwithstanding any other term or condition of this Agresment, Consultant hsreby agrees that the City shall not be liable to Consultant for damages in an amount in excess of the fee due to Consultant pursuant to the Consultant's provision of the Basic Service.. set forth under this Agrsement, which amount shall be reduced by the amount actually paid by the City to Consultant pursuant 't.o the Agreement, for any action or claim tor breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agrsement. Nothinq contained in this subparagraph or elsewhere in this Agresment is in any way intended to De a waiver of the limitation placed upon City'S liability as set forth in Florida statutes, section 768.28. &Jl1JI'U!L. 18. annXlJ.I:tmnT. COIIDl:'1':IO.. 18.1 The partie. each hereby bind themselves, 'their successors, assigns and legal representatives to each other with respect to the terms of the Agreement. Neither party shall assign, sell, pledge or otherwise transfer this Agreement Or any portion 33 thereof, without written authorization and consent of the other party to this Agreement. 18.2 The consultant, its consultants, agents and employees and sub-oontractors, shall comply with all applioable federal, state and county laws, the charter, related laws and ordinances or the city of Miami Beach, and with all applicable rules and regulations promulgated by 100a1, state and national boards, bureaus ancl agencies as they relate to this project. 18.3 Thb Agreement shall. be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement ot ~ny Or allot the terms or conditions herein exclusi~e venue for the enforcement of same shall lie in Dade County, Florida. 18.4 All written notices given to the City by the Consultant shall be addressed to the city Manager, city of Miami Beach, 1700 convention center Drive, Miami Beach, Florida, 33139, with a copy to the city Attorney, 1700 Convention Center Drive, Miami Beach, Florida, 33139. All written notices from the City to the Consultant shall be addressed to the Consultants, Gambach Sklar Architects xnc., whose address is 1132 Kane concourse, Level Two, Bay Harbor Islands, Florida, 33154. All notices aailed by either party shall be de_ed to be sufficiently transmitted if sent by certified mail., return receipt reguested. 34 ~. WITX888 .....01, the parties hereto have hereunto caused these presents to be siqned in their naa.s by their dilly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first her.inabove written. ATTIlBT. NSULTANT. GAMBACB Sn.AR ARCBITBCTS, x.c. ~~~~-~ CITY CLIlRJt By. ~L.I _ 8 pature) , p.,_......b .1. r:::;A.""~"'~ (Type ..... of P.no" Si9" "9) .) FO,R~~~VED ~.~ BY~ Date -fY l':::e:.C4lo42. &:::Jt..~ (Typ. .... of Perso" 8 !/DiIl9) JL. all o.\colltract.9...115 35 BCHBDULlI II. aeap. 0' ."Axe aOneBR 1. Add three stories above existing visitore approximately 120 Cars and a.dd two stories parking for approximately 120 cars. a. Connect new police parking and visitors parking. parking for above police b. New police -parkinq will be separated and secured from existing police parking. 2. Provide security syetem: a. Emergency call by elevator, with alarm. b. Surveillance cameras. CCTV throughout ths garage. c. Microphones that activate alarm on parking floors and vertical transportation. d. security/Manager Office with CCTV console. 3. Refinish all floors to provide proper traction (non-skid surface) in visitors and pOlice parking. 4. Provide booth and gates at parking entrance. a. Provide cards for monthly users. Anti-pass baCk system_ b. Parking and revenue control for visitors. 5. Doors and grills, a. Xnstall doors with glase panel at all staire. b. Provide new exit doors at ground level. (It will be secured). c. Provide rOll-Up grills to enclose parking structure. d. Provide new grills (to match existing) to secure first and second floors of visitors parking. 6. Provide storage closet tor maintenance. 7. Check lighting inside both parking structures and design upgrade. 8. Remove and relocate roof top pole lights, , lighting aystem. 9. Extend stairs three additional floors for visitors and modify stairs at pOlice parking as required to insure security of police controlled section of parking garage. 10. Extend elevator shaft and gear thrse additional floors an/or install one or two new elevators, a8 required. 11. Paint entire exterior and interior of visitors and police parking, existing and new, and paint exterior of police station. a. Use washable finish.. for entrance areas. b. Paint striping at columns of police parking. '. 12. Check joints, finiehes, etc. at both parking structures. a. scrap. and repair rusted are.a, expo.ed .teal, etc. 13. Improve 91'aphics and signage of eXisting structures ancl incorporate neW ones. 14. Design perimeter security area of visitor parking and plaza. 15. Provide an required drawings and docUlIenta required for bidding and construction. Fur1:her, add portion of Rodel required to existing model to show addition. 16. Add landscaping to the North and South sides 17. Secure window on North side of Police Station. 18. At. pollce garag_ entrance secure gap between qat.. and structure above. 19. At police garage prOVide mirrors and blind corners ancl/or correct the problem, nU~er of blind corners. 20. Provide access to emergency generato~ for repairs and replacement. 21. Not included in contrac1:, a. Additional models b. Renderings c. Survey. and studi.. not 5peci~ied above. JL:ah 10:\#15 scope.wrk " 8C!111!!'DUL'B B s.."'Y'r1!C!'r8 8C1lBDULa OJ' INDIVID'lIU, CBARGll8 Principa1s-in-charge Arehitect/SR Associate Project Architect Project Manager Eetimator Senior Drafter Junior Drafter CADD operator Clerical PARKIKa BDDT8/DG!IfZJ:R1I Principa1-in-charge Chief Engineer Senior Enqin..r Senior Planner Geotechnical Engineer CADD operat.or Clerical $120. DO/hour $ 90.00/hour $ 55.00/hour $ 65.00/hour $ 65.00/hour $ s.o.OO/hour $ 40.00/hour $ 60.00/hour $ 25.00/hour $120.00/hour $105.00/hour $ 85.00/hour $ 75.00/hour $1l0.00/hour $ 60.00/hour $ 25.00/hour '. SCB:1mOLZ a BCIlED'llLB OJ' WOIllt J'OR BUXC snVXCES ),. Phase I schsmatics RevillW and approval by City Phase II preliminaries RevillW and approval by City II. c. Phase III 50' contract document. RBVillW and approval by city D. phase XII l.00' contract document. Review and approval by Ci~y E. J'. G. Bid Review Award Contract )'dminiatration 2 w.ek. 1 week 2 weeks 1 week 3 weeks 1 week 3 weeks 1 week 5 weeka 2 weeks 16 week. ..' SC1IIlDOL. D SCBBD'llLB OJ' PAYKBIIT J'OR BARIC ."VXC.. A. Phase I sch....tic. (30' Plan Completion) Review and approval by City 25' B. Phaee II preliminaries (60' Plan Completion) 15' Review ancl approval by City C. Phase III 90' contract docum.nts R.vi.w and approval by eity 20' D. Phase III 100' contract documents Revi.w and approval by City 20' E. Bid 5' F. Award G. Contract Administration 15' , H. A hold back of 10' of the fa. will be retained for thirty (30) days after completion of project or receipt of Certificate of occupancy, Which eveX' is later. 1n the event a certificate of occupancy is withheld thru no fault of the consultant, then payment will be aade thirty (30) days after compl.tion of project with all discrepancies concerninq the consultants responeibilities are corrected and accept.d by the City. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM TO: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez ) . ~ City Manager tf"- Cl DATE: October 17, 2001 FROM: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $22,000 FROM PARKING REVENUE BOND FUND 481, TO WORK ORDER 2113 FOR THE COMPLETION OF THE ARCHITECTURAL AND ENGINEERING SERVICES(PHASE IV) FOR THE RENOVATION OF THE 12TH STREET MUNICIPAL PARKING GARAGE; FURTHER TERMINATING THE EXISTING ARCHITECTURALIENGINEERING SERVICES AGREEMENT WITH GAMBACH - SKLAR ARCHITECTS, INC. AND RE-ASSIGNING SAID AGREEMENT TO GAMBACH ARCHITECTS, INC. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Gambach Sklar Architects, Inc. is providing architectural and engineering services for the renovation of the 12th Street Parking Garage. The plans for the renovations of the facility have undergone various changes, including initial conceptual plans to expand the facility by adding additional levels to both the Police and Public Parking sides of the garage. There have been other concepts and ideas for the renovation of this facility for some time now, At this time, clearly, the goal is to finalize the plans/drawings in order to proceed with the renovation of the facility. It is time to update this facility to a clean, safe, and viable parking garage without any further delay. To this end, it is necessary to appropriate $22,000 for the architectural and engineering fees for Phase IV of the design of the project. Meetings took place on June 13, 16, September 7 and November 17,2000 with Gambach Sklar. During the meetings of June 13 and 16, the scope of work was revised (minutes from the meeting dates are attached). These revisions altered the scope of work and subsequently the design fee of the project. The following are the revisions to the scope of services: (I) Provide lightning rods on top of parapet where they are missing and check the integrity of the system. AGENDA ITEM ~ 70 DATE IO-/7-{)f (2) Remove all parking meter posts and repair all holes and all surface damage caused by this removal. (3) Repair all railing posts at their base, repair all holes and surface damage caused by this removal. (4) Replace all expansion joints and flashing in entire structure, including all caulking around columns and beams on all levels and at the joint of the Visitor and Police Parking Buildings. (5) Replace all light bulbs and electrical cover plates, (6) Other miscellaneous items (see attached correspondence dated June 16,2000). Therefore, it is recommended that an appropriation in the amount of $22,000 from Parking Revenue Bond Fund 481 be allocated to Work Order 2113 for the completion of the design fee. In addition, the entity of Gambach Sklar Architects, Inc. will be dissolved within the next year. The City Attorney has opined that it is necessary to terminate the existing professional services agreement with Gambach-Sklar Architects, Inc. It will be necessary to re-assign the agreement to an architectural and engineering firm that would be most qualified to complete the project with minimal disruption. It is the Administration's recommendation to re-assign the agreement (project) to Gambach Architects, Inc., a Florida Corporation, located at 1132 Kane Concourse, Bay Harbor Islands, Florida 33154. Mr. Roberto Gambach of Gambach Architects, Inc. has represented the firm on this project since the project's inception. He is intricately familiar with the project and very knowledgeable regarding all the revisions and adjustments made to the project, to date, Furthermore, in an effort to ease the transition, both Gambach and Sklar mutually agree to allow the other party to accept sole reassignment andlor relinquish any claim to the re-assignment to either party, including an outside (third) party, Gambach Architects, Inc. will attain project specific professional liability insurance upon re-assignment (see attached). CONCLUSION: In order to finalize the design component of this project and complete the needed improvements to the 12th Street Parking Garage, it is recommended that the Mayor and Commission approve and authorize an appropriation from Parking Revenue Bond Fund 481 in the amount of $22,000 to Work Order 2113 for the completion of Phase IV of the project design. Furthermore, it is recommended that the professional services agreement be re-assigned to Gambach Architects, Inc. for the completion of the project. JMG/!!?J6~ T:IAGENDA \200 I IOCT1701 ICONSENTlGAMBACRCME