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
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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;
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AA,(O:)18C;,
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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-
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"
'.
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
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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
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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
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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