Spillis Candela & Partners, IncAGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
SPILLIS CANDELA & PARTNERS, INC.
FOR PROFESSIONAL ARCHITECTURAL SERVICES
FOR THE RENOVATION AND EXPANSION OF THE BASS MUSEUM
ARTICLE 1.
1.1
1.2
1.3
1.4
1..5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
TABLE OF CONTENTS
DEFINITIONS, DUTIES AND RESPONSIBILITIES ............ 7
CITY
CITY COMMISSION
CITY MANAGER
ARCHITECT
DESIGN CONSULTANT ............................... 10
CITY'S PROJECT COORDINATOR ....................... 12
ARCHITECT'S PROJECT MANAGER ...................... 12
THE PROJECT ....................................... 13
PROJECT SCOPE
..................................... 13
BASIC SERVICES
ADDITIONAL SERVICES ............................... 13
PROJECT COST
CONSTRUCTION COST BUDGET ....................... 14
CONTRACTOR
PROPOSAL DOCUMENTS ............................. 15
CONTRACT DOCUMENTS ............................. 15
CONTRACT FOR CONSTRUCTION ...................... 16
CONSTRUCTION DOCUMENTS ........................ 16
CHANGE ORDER
WORK
SERVICES
BASE BID
FORCE MAJEURE .................................... 17
PROJECT BUILDING COMMITTEE ....................... 18
SCOPE OF WORK AND SERVICES REQUIRED .............. 19
ENGINEERING STUDY ................................ 20
SCHEMATIC DESIGN PHASE ........................... 21
DESIGN DEVELOPMENT PHASE ......................... 22
CONSTRUCTION DOCUMENTS PHASE ................... 23
BIDDING OR NEGOTIATION PHASE ..................... 25
CONSTRUCTION PHASE, CONSTRUCTION
OBSERVATION AND ADMINISTRATION OF
THE CONTRACT FOR CONSTRUCTION .................. 26
2.7
2.8
2.9
2.10
2.11
2.12
ARTICLE 3.
ARTICLE 4.
4.1
4.2
ARTICLE 5.
ARTICLE 6.
6.1
6.2
6..3
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
9.1
9.2
9.3
9.4
^RTICLE 10.
ARTICLE 11.
ARTICLE 12.
^RTICLE 13.
RESPONSIBILITY FOR CLAIMS AND LIABILITY ..............
ADDITIONAL FIELD REPRESENTATION ................... .32
ADDITIONAL SERVICES ............................... .32
TIME .............................................. 35
CONSULTANTS ..................................... .36
PERSONNEL ........................................ .37
THE CITY'S RESPONSIBILITIES .......................... 37
CONSTRUCTION COST ............................... 40
DEFINITION ........................................ 40
RESPONSIBILITY FOR CONSTRUCTION COSTS ............ 41
REIMBURSABLE EXPENSES ............................. 42
PAYMENTS TO THE ARCHITECT ........................ 43
PAYMENTS ON ACCOUNT OF BASIC SERVICES ............ 43
PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES ...... 44
PROJECT SUSPENSION OR TERMINATION ................ 44
ARCHITECT'S ACCOUNTING RECORDS .................. 45
OWNERSHIP AND USE OF DOCUMENTS ................. 45
TERMINATION OF AGREEMENT ........................ 47
RIGHT TO TERMINATE ................................ 47
TERMINATION FOR CONVENIENCE ..................... 48
DEFAULT AND TERMINATION FOR CAUSE ............... 48
IMPLEMENTATION OR TERMINATION ................... 50
NON-SOLICITATION ................................. 51
INSURANCE ........................................ 51
INDEMNIFICATION .................................. 53
ARBITRATION ...................................... 54
ARTICLE 14.
ARTICLE 15.
LIMITATION OF LIABILITY ............................. 56
ADDITIONAL CONDITIONS ........................... 57
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
SPILLIS CANDELA & PARTNERS, INC.
FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered into this ~ day of
).,1994 by and between the CITY OF MIAMI
BEACH,
a
municipal
corporation existing under the laws of the State of Florida (hereinafter referred to as the City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida and
SPILLIS CANDELA & PARTNERS, INC., a Florida Corporation having its principal offices at
800 Douglas Entrance, Coral Gables, Florida (hereinafter referred to as the Architect).
WlTNESSETH
WHEREAS, since its inception in 1964, the Bass Museum of Art (hereinafter referred
to as the Bass Museum) has been an acknowledged cultural center whose programs and
exl~ibitions have been recognized regionally and nationally; and
WHEREAS, the spatial and other physical limitations of the existing museum facility
have impacted significantly new programs and precluded the Bass Museum from assuming a
significant regional role among the leading cultural centers in the southeast; and
WHEREAS, an expanded facility, in conjunction with renovation of the existing facility,
~v0uld enable the Bass Museum to: assume a more significant regional role; better serve the
tl'~0usands of visitors to the City of Miami Beach; mount exhibitions of national and
ir~temational interest without disruption to the existing collections and vital programs; provide
greater educational opportunities in the visual arts to the community through the addition of
increased exhibition space and educational facilities providing revenue generating spaces
which will stimulate the financial growth of the Museum; and stem the steady flow of art
collections leaving South Florida because of an inadequate museum facility; and
WHEREAS, in 1986, the Mayor and City Commission retained the firm of Hardy
Holtzman Pfeiffer Associates to prepare a study for the Bass Museum Renovation and
Expansion Project, and
WHEREAS, based upon the conclusions and recommendations of the Hardy Holtzman
Pfeiffer Associates study, the City issued "Request for Letters of Interest No. 9-92/93, City of
Miami Beach, Professional Architect/Engineering Services Firms for Design of the Bass
Museum/Museum Square Renovation and Expansion;" and
WHEREAS, on June 2, 1993, the Mayor and City Commission approved Resolution No.
; and
WHEREAS, the City intends to proceed with the Bass Museum Renovation and
Expansion and desires to hire the Architect at a fee as is set forth in this Agreement, as well
as reserving the right herein to enter into any subsequent Agreement(s) with the Architect for
future additional expansion and renovation projects related to the Bass Museum; and
WHEREAS, the Architect desires to contract with the City for performance of
architectural and related services in connection with design and construction of the Bass
Museum Renovation and Expansion, and for certain services in connection with the
observation of construction and the administration of the Contract for Construction during
construction of the Project, all as stipulated herein.
6
NOW, THEREFORE, City and Architect in consideration of the mutual covenants and
agreements herein contained agree as follows:
~ DEFINITIONS. DUTIES AND RESPONSIBILITIES
The "City" shall mean the City of Miami Beach, a Florida municipal corporation having
its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139.
1.2 CITY COMMISSION
"City Commission" shall mean the governing and legislative body of the City. The City
Commission shall be the final authority to do or to approve the following actions or conduct
by passage of an enabling resolution or amendment to the Agreement.
1.2.1 The City Commission shall be the body to consider, comment upon, or approve
any amendments or modifications to the Agreement.
1.2.2 The City Commission, as assisted and advised by the Project Committee (see
Section 1.24), shall be the body to consider, comment upon, or approve any assignment, sale,
transfer or subletting of the Agreement or any interest therein and any subcontracts made
pursuant to the Agreement.
1.2.3 All City Commission approvals and authorizations shall be expressed by passage
of an appropriate enabling resolution and, if an amendment, by the execution of an
appropriate amendment to the Agreement.
1.2.4 The City Commission shall, with the assistance of and advice from the Project
Committee (see 1.24 herein), review, approve, disapprove or otherwise comment upon the
Architect's design and construction documents after they are submitted to the City by the
7
Architect.
1.2.5 The City Commission shall hear appeals from the administrative decision of the
City Manager, upon the Architect's written request, in which case the Commission's decision
shall be final.
1.2.6 The City Commission shall approve or consider all change orders which exceed
the sum of Ten Thousand Dollars ($10,000.00) (or other such amount as may be specified by
the City of Miami Beach Purchasing Ordinance, as amended).
1.3 ~
The "City Manager" shall mean the chief administrative officer of the City. The City
Manager shall be construed to include any duly authorized designees and shall serve as the
City's representative to whom administrative requests for approvals shall be made and who
shall issue authorizations (exclusive of those authorizations reserved to the Commission) to
the Architect. These authorizations shall include, without limitation: reviewing, approving, or
otherwise commenting, with the assistance of and advice from the Project Committee (see
1.24 herein), upon the schedules, plans, reports, estimates, contracts and other documents
submitted to the City by the Architect.
1.3.1 The City Manager shall decide, in his professional discretion, matters arising
pursuant to the Agreement, which are not otherwise expressly provided for in the Agreement,
and he shall attempt to render administrative decisions promptly to avoid unreasonable delay
in the progress of the Architect's work.
1.3.2 The City Manager, in his administrative discretion, may consult with the City
Commission concerning disputes or matters arising under the Agreement regardless of whether
8
stJch matters or disputes are enumerated herein. The City Manager may consider, comment
upon or approve modifications in accordance with applicable laws and ordinances.
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 Purchasing Ordinance, as amended).
"Architect" shall mean Spillis Candela & Partners, Inc., a Florida corporation, whose
address is 800 Douglas Entrance, Coral Gables, Florida.
1.4.1 Architect shall be duly licensed and admitted to practice architecture in this
State pursuant to Chapter 481, Florida Statutes, and additionally possessing the requisite
occupational licenses. The engineers required by the needs of this Project shall be duly
licensed and certified by the State of Florida to engage in the practice of engineering. All
sl~ecial (threshold) inspectors, if any, required by the needs of this Project, to be included as
an Add itional Service, as hereinafter defined, shall be duly certified, licensed and registered
underC~hapter 471, Florida Statutes, as an engineer, or under Chapter 481, as an architect, and
shall additionally possess the requisite occupational license(s).
1.4.2 The Architect shall be liable for the Architect's services, responsibilities and
liabilities under the Agreement and the services, responsibilities and liabilities of any sub-
consultants, and any other person or entity acting under a contractual relationship with
Arch ite~ for this- Project.
'1.4.3 The fee for the Additional Services of Architect shall be billed to the City on a
hourly Ioasis in accordance with Section 2.9 of the Agreement and Exhibit A attached hereto.
9
1.4.4 Architect's ResDonsibilities to Desi_~n Consultant
The Architect will:
1. Provide overall Project management.
2. Contract with and coordinate sub-consultants.
3. Provide assistance with materials research.
4. Provide technical architectural design.
$. Advise Design Consultant with regard to applicable laws, codes and
regulations.
6. Advise Design Consultant with regard to City's budget.
7. Provide the Contract Documents and Basic Services.
8. Coordinate and schedule meetings, reviews and approvals.
9. Incorporate Design Consultant's invoices into the Architect's invoices
submitted to the City for payment, and pay out those portions of fees and Reimbursable
Expenses due to Design Consultant.
1.5 DESIGN CONSULTANT
1.5.1 The City and Architect acknowledge that it is of the essence of this Agreement
that the Architect shall contract with Arata Isozaki & Associates (Design Consultant) to perform
desi§n services in accordance with Paragraph 1.5.3 and other provisions of the Agreement.
Desi§n Consultant shall be primarily responsible for the design control in matters that affect
the aesthetic appearance, including, but not limited to, color, shape of the rooms, materials,
etc., of this Project, subject to applicable building codes and the imposed limitations of the
Construction Cost Budget, as defined herein. The Design Consultant's decisions on matters
10
relating to aesthetic effect shall be final unless overruled by the City.
1.5.2 The services of Design Consultant and of any structural and mechanical and
electrical engineers retained by the Architect shall constitute Basic Services for purposes of this
Agreement, to the extent (but only to the extent) that such services would constitute Basic
Services if performed directly by the Architect. All other services, including, without
limitation, any services beyond the Basic Services of Design Consultant and/or structural and
mechanical and electrical engineers, shall constitute Additional Services. However,
notwithstanding anything contained herein to the contrary, the fee for the Additional Services
of Design Consultant shall be billed to the City on an hourly basis in accordance with Exhibit
B attached hereto.
1.5.3 The City and Architect acknowledge that it is of the essence of the Agreement
that Design Consultant and its staff be fully and regularly involved in all phases of the Services
work provided for herein, and that Design Consultant and its staff shall be available in Miami,
to meet with Architect and with representatives of the City when and as necessary to the
orderly and timely completion of such Services work or as otherwise reasonably requested by
the City, subject to the limitations of trips established by Design Consultant's estimate of
Reimbursable Expenses, as set forth in Exhibit C. At any time where a submission is required
to be made hereunder by the Architect to the City, the Architect shall make a single
submission, approved both by Architect and Design Consultant and representing the
combined efforts of the Architect and the Design Consultant. The City shall not be responsible
for coordinating the efforts of Architect and Design Consultant or for resolving any conflicts
10etween them with respect to design issues or otherwise. However, in the case of a dispute
11
between the Architect and the Design Consultant, the City recognizes that the Design
Consultant's decisions will be final in issues involving aesthetic design or planning, whereas
the Architect's decisions will be final in issues involving budget, technical design, or
applicable building codes and regulations.
1.5.4
A. Architect and Design Consultant will obtain City's approval and authorization
to proceed at the end of each Phase of the Basic Services.
B. Design Consultant shall be identified as "Design Architect" for all publicity
purposes in connection with the Project. The "Executive Architect" shall be identified as
"Spillis Candela & Partners, Inc. The terms defined within this subsection shall only be used
and shall only apply for publicity purposes. In the event that said terms are deemed in any way
to be in conflict with Florida law, the parties shall agree to refrain from the use of such terms,
and agree upon new terms.
1.6 CITY'S PROIECT COORDINATOI~
The "City's Project Coordinator" shall mean the individual appointed by the City
Manager who shall be the City's authorized representative to coordinate, direct and review
on behalf of the City all technical matters involved in the Project Scope. The City's Project
Coordinator shall periodically examine the Architect's plans, drawings and documents and
advise the City as to the acceptability of the architectural services.
1.7 ARCHITECT'S PROIECT MANAGER
The "Architect's Project Manager" shall mean the individual appointed by the Architect to
manage the Project. The Architect's Project Manager shall communicate with the City through
12
or az directed by the Architect, and shall not communicate with sub-contractors unless
authorized by the Contractor.
The "Project" shall mean the renovation and expansion of the Bass Museum and
includes the total construction of which the Work performed under the Contract Documents
may be the whole or a part.
1.9
"Project Scope" means the expansion and renovation of the Bass Museum located at
2121 Park Avenue, Miami 8each, Florida and includes: (a) Design Phases; (b) Building
analyses for the existing structure; (c) Construction administration for the renovation and
restoration of the existing facility and construction of the expansion, all as more specifically
referenced herein in Exhibit D, attached hereto. Design drawings and construction must
re~l~nize existing historic architecture included on the National Register of Historic Places
and be in compliance with the U.S. Secretary of the Interior's Standards for Rehabilitation.
1. 0
"Basic Services" shall include the professional services of architectural, structural,
rn~(hanical/electrical, and civil engineering services which are necessary to complete the
design; preparation of the Contract Documents; and administration of the Contract for
C~c)mstruction for the Project as further described in Article 2 herein.
1.11 ADDITIONAL SERVICES
"Additional Services" shall mean those services described in Article 2.9 herein, which
I'~a?~e been duly authorized in writing by the City Commission or the City Manager prior to
13
the performance of same.
1.12 ~
The "Project Cost", shall mean the total cost for the Project, which cost includes but
is not limited to construction costs and professional compensation. The total cost for the
Project, is Eight Million Dollars ($8,000,000.) and is herein established as the Maximum
Project Budget.
An itemized budget for these expenditures is attached hereto and incorporated herein
as Exhibit E.
1.13 CONSTRUCTION COST BUDGET
The "Construction Cost Budget" for the Project shall mean a sum which will not exceed
the amount of Six Million Eight Hundred Five Thousand and 00/100 Dollars ($6,805,000.00)
and is the total cost to the City of all elements of the P~oject designed or specified by the
Architect, and approved by the City, including at current market rates (with a reasonable
allowance for overhead and profit), the cost of labor and materials and any equipment which
has been designed, specified, selected or specifically provided for by the Architect, and
approved by the City, and including a contingency allowance for unforeseen conditions, but
not to exceed ten percent (10%) of the Construction Cost; and not including the compensation
of the Architect and the Architect's consultants, the cost of land, improvements within
rights-of-way, materials testing services, surveys, parking and landscaping, and FF&E budget.
The Project Scope, as contemplated by the Agreement, may need to be modified to meet the
Construction Cost Budget, and the City shall cooperate with the Architect and Design
Consultant to do so. The Construction Cost Budget, as established by the City, shall not be
14
e~cceeded absent fully justifiable and extraordinary and unforeseen circumstances, such as
force majeure. Any modification of the Construction Cost shall be subject to prior City
Commission approval by passage of an enabling resolution and amendments to the
appropriate agreements relative to the Project. Provided further, however, that even in the
event of a force majeure, as defined below, the City shall have no obligation to exceed the
Construction Cost Budget limitations.
1.14 ~
"Contractor" or "Contractors" shall mean those persons 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.
1.1.5 PROPOSAL DOCUMENTS
"Proposal Documents" shall mean the Request for Letters of Interest No. 9-92/93, City
of Miami Beach, Professional Architect/Engineering Services Firms for Design of the Bass
Museum/Museum Square Renovation and Expansion; issued by the City in contemplation of
this Agreement, together with all amendments thereto, if any, and the Architect's proposal in
response thereto (Proposal) which are deemed incorporated by reference in the Agreement
and r~ade a part hereof; provided, however, that in the event of an express conflict between
the Pr0Dosal Documents and the Agreement, the Agreement shall supersede the Proposal and
the ter,~$ and conditions herein shall prevail.
'1.16 CONTRACT DOCUMENTS
"Contract Documents" shall mean this Agreement, the Agreement between Architects
and Design Consultant (Exhibit "F"); the Agreement between Owner (City) and Contractor;
15
Conditions of the Contract (General Supplementary and other Conditions); Construction
Documents; addenda issued prior to execution of the Contract for Construction; and
modifications issued after execution of the Contract for Construction. A Modification is (1) a
written amendment to the Contract for Construction signed by both parties; (2) a Change
Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the
Work issued by the Architect.
1.17 CONTRACT FOR CONSTRUCTION
"Contract for Construction" shall mean contracts with contractors.
1.18 CONSTRUCTION DOCUMENTS
"Construction Documents" shall mean the final plans, specifications, drawings,
documents and diagrams submitted by the Architect pursuant to Article 2 and approved by
the City, as assisted and advised by the Project Committee (see 1.24 herein).
1.19 ~
"Change order" shall mean the written order under the Contract for Construction
approved by the City and signed by the City's duly authorized representative, authorizing a
change in the Project or the method and manner of performance thereof, or an adjustment in
pa~/ment to any contractor or an adiustment in completion dates, as applicable. Change orders
must 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 amount (or other
such amount as-may be specified by the City of Miami Beach Purchasing Ordinance, as
amended). The City Manager shall retain the right to seek and obtain concurrence of the City
Commission for the approval of any Change Order without regard to the amount thereof.
16
1.20 WORK
"Work" shall mean all of the work to be performed on the Project by the Contractor,
pursuant to the applicable Contract Documents, whether completed or partially completed,
and includes all labor and materials, equipment and services provided, or to be provided, by
the Contractor to fulfill its obligations. The Work may constitute the whole or part of the
Project.
1.21 ~ERVI~ES
"Services" shall mean all of the services to be performed on the Project by the Architect
and Design Consultant pursuant to the Agreement, whether completed or particularly
completed, and includes all other labor and materials, equipment and services provided, or
to be provided, by the Architect and Design Consultant to fulfill their obligations.
1.22 BA~E BID
"Base Bid" shall mean the bid prospective Contractors are expected to submit for all
items of the Work contained in the Construction Documents and approved by the City as
being within the Construction Cost Budget. "Base Bid" shall not include "Additive
Alternates" or "Deductive Alternates".
1.23
"Force Majeure" shall mean any 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 Architect's reasonable
17
control which the Architect and the City Commission decide in writing constitute Force
Majeure. Provided, however, that market conditions, labor conditions, construction industry
price trends and similar matters which are not extraordinary, which normally impact on the
bidding process, shall not be considered Force Majeure.
1.24 PROIECT BUILDING COMMITTEE ~PROIECT COMMITTEE)
The City herein acknowledges that a portion of the cost of the Project will be paid from
Bass Museum fund-raising through the Friends of the Bass Museum. The City shall cooperate
with the Bass Museum Board of Trustees and the Friends of the Bass Museum to create an
independent committee to be known as the "Bass Museum Renovation and Expansion
Building Committee" (the Project Committee). It shall be the primary purpose of the Project
Committee to involve the Bass Museum Board of Trustees and Museum fundraisers, as
represented by and through the Friends of the Bass Museum, to assist and advise the City with
respect to the Project. The Project Committee's role shall primarily include, but not be
limited to, assisting and advising the City in review and approval or disapproval of design and
other documents, as same are to be submitted to the City by the Architect and Design
Consultant pursuant to the Agreement; assisting and advising the City in review and approval
or disapproval of estimates of construction costs and of change orders; and assisting and
advising the City in the preparation for construction bidding and the administration of
construction. It is contemplated that the Project Committee shall be an ad hoc adviSOry body
and that the creation of said Committee is not intended to supersede the respective roles,
obligations, responsibilities, approvals, and/or duties of the City Commission, City Manager,
and any other parties expressly stated under the Agreement. The Project Committee shall be
18
composed of three (3) members, to be mutually selected and agreed upon by the City, the Bass
Museum Board of Trustees and the Friends of the Bass Museum, and endeavor to incorporate
representation from the following entities:
(a) One member selected to represent the Bass Museum Board of Trustees;
(b) One member selected to represent the Friends of the Bass Museum;
(c) One member to represent the Bass Museum Administration (i.e., the Executive
Director of the Museum or an individual on a similar senior level);
(d) In addition, the City may, at its discretion, appoint a member of the City
Commission as a fourth "ex officio" member to the Project Committee. The
role of said appointed Commissioner shall be primarily to review Committee
recommendations and convey status reports on the progress of the Project to the
Mayor and City Commission at its regular meetings.
ARTICLE 2. SCOPE OF'WORK AND SERVICES REOUIRED
The Architect's Basic Services consist of the six phases described in Paragraphs 2.1
through 2.6 and any other services identified in this Agreement as part of the Basic Services.
Basic Services shall include preparation for and attendance by the Architect, Design
Consultant and any sub-consultants at a reasonable number of meetings with City officials and
employees as well as the Friends of the Bass Museum in connection with the City's and the
Friends of the Bass Museum's efforts to obtain capital funding from public sources and to
obtain required City and other public approvals with respect to the Project. For purposes of
meetings, with regard to the City and Bass Museum's efforts to obtain capital funding only, the
19
Architect and the City agree that a "reasonable number of meetings" shall be defined as two
(2). However, with the City's prior written approval, the preparation for or attendance at such
meetings by employees of the Architect or Design Consultant, or by consultants other than
Design Consultant, shall constitute an Additional Service. The number of trips thought
necessary to perform the Basic Services of the Design Consultant is established by Design
Consultant's Estimate of Reimbursable Expenses (Exhibit C). Additional trips which are not
scheduled to coincide with meetings required for the normal progress of the work, will be an
Additional Service.
2.1 ENGINEERING STUDY
The Architect, in conjunction with engineers and other consultants retained by the
Architect as hereinafter provided, shall undertake an inspection of the existing Museum
building's structure and systems. The Architect and its consultants shall begin their work by
assembling, reviewing and analyzing all existing data compiled by or for the City as part of
previous studies or surveys of systems and structural work. The City shall provide Architect
with all existing studies in its possession, which Architect shall rely on for their accuracy and
completeness, but only in the same manner and to the extent that the City would otherwise
rely on such studies for such accuracy and completeness. This task will include interviews, as
required, of the appropriate service and support personnel of the City and the Bass Museum.
'The Engineering Study, as contemplated herein, shall be limited to 85 hours and anything
beyond that shall be billed as an Additional Service. The Architect and its consultants shall
undertake additional surveys or explorations as needed, shall review, analyze and prepare a
report with the results thereof, combining their analysis of such surveys or explorations with
2o
their review and analysis of all previously compiled data.
2.2 SCHEMATIC DF~IGN PHASE
2.2.1 The Architect and Design Consultant shall confer with representatives of the City
to ascertain the requirements of the Project and shall review and confirm the understanding
of these requirements and other design parameters with the City.
2.2.2 Architect and Design Consultant shall provide a preliminary evaluation of the
City's program, schedule and Project budget requirements, each in terms of the other.
2.2.3 The Architect and Design Consultant shall review with the City alternative
approaches to design and construction of the Project.
2.2.4 Based upon a mutually agreed upon Building Program, attached hereto as
Exhibit G, and as amended from time to time, and Schedule and Construction Cost
requirements, the Architect and Design Consultant shall prepare, for approval by the City,
Schematic Design Documents consisting of drawings and site and floor plans, elevations,
sections, etc., as required, to show the scale and relationship of the components and the
design concept of the whole. Floor plans may be single-line diagrams; window locations are
not required. A simple perspective rendering of sketch, model, or photograph thereof may be
provided to further show the design concept
2.2.5 The Architect and Design Consultant shall submit to the City a preliminary
estimate of Construction Cost based upon a detailed estimate which accurately, and in
reasonable detail, reflects the Architect and Design Consultant's estimate of costs for the
Project. The preliminary estimate of Construction Cost shall include a summary of the
estimated cost of the building(s), including fixed equipment, construction contingency
21
allowance, movable equipment (if any), utility service extensions, comprising a brief
description of the basis for such estimated costs, with costs adjusted to the projected bid date,
and a preliminary evaluation of the Building Program and the allocated construction funds in
terms of each other. The preliminary estimate of Construction Cost shall be prepared by
Architect's sub-consultant, and is not within the scope of Basic Services.
2.2.6 Design Consultant shall be specifically
connection with this Schematic Design Phase:
responsible for the following in
1. Review the City's program and comment.
Prepare the Schematic Design Documents.
Present the Schematic Design to the City.
Coordinate with the Architect, and other sub-consultants if required, for
conformance with applicable building codes, regulations, and budgets, as directed by the
Architect.
2.3
2.3.1
DESIGN DEVELOPMENT PHASE
Based on the approved Schematic Design Documents and any adjustments
authorized by the City in the Building Program (Exhibit G), Project Schedule (Exhibit H) and~_
the Construction Cost Budget, the Architect and Design Consultant shall prepare, for approval
by the City, Design Development Documents consisting of drawings, outline specifications
and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical and electrical systems, and construction finish materials,
and such other elements as may be appropriate.
2.3.2 The Architect and Design Consultant shall advise the City of any adjustments
22
to the estimated Construction Cost Budget. If the adjustments exceed the total allocated funds
for the Project, the appropriate cost or scope reduction recommendations must be included
at the Architect's and Design Consultant's expense.
2.3.3 Design Consultant will be specifically responsible for the following in
connection with this Design Development Phase:
1. Prepare design development drawings, based on the approved Schematic
Design, necessary to fix and describe the size and character of the overall Project as to basic
architectural, structural, mechanical and electrical systems, materials and such other elements
as may be appropriate;
2. Coordinate with the Architect, engineers, and other consultants, and conform
with applicable building codes and regulation, as directed by the Architect;
3. Respond to the City's request for design adjustments based on cost estimates
during this Phase; and
4. Participate in presentations required for review and approvals from regulatory
bodies, subject to the limitation of trips established by Design Consultant's Estimate of
Reimbursable Expenses, as set forth in Exhibit C.
2.4 CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development Documents, the Architect and Design
Consultant shall prepare, for approval by the City, three (3) copies of the Construction
Documents. One of these copies shall be in the form of a reproducible mylar, for bidding
purposes. The Architect shall also file with the City's Project Coordinator at said time, the
fol lowing items: (a) four (4) copies of the Statement of Probable Construction Cost; (b) four (4)
23
unbound copies of advertisement for bids; (c) four (4) unbound copies of the bid proposals.
The Architect shall also provide the City with one (1) additional set of Construction
Documents at approximately eighty percent (80%) completion, approximately thirty (30) days
prior to the date for delivery of the three (3) copies of one hundred percent 100% complete
Construction Documents, for review by and comment by City's Building Department. Should
additional sets be required, the Architect will be reimbursed for the actual cost of
reproduction, upon approval in advance by the City.
2.4.1 Construction Documents will be prepared, signed and sealed by design
professionals. The Construction Documents shall call for a construction period as approved
by the City Manager. The entire Project will be publicly bid with a Base Bid and, if requested
by the City, a reasonable number of Additive Alternates and/or Deductive Alternates to
reasonably insure that the award will be within the Construction Cost Budget. The
Construction Documents shall set forth in detail the requirements for construction of the
Project including all the contractual, Code (laws, rules and regulations), and technical
specifications and requirements under which the Work is to be conducted. All prerequisites
for approvals and permits shall be met. Prior to advertisement for bids the Architect shall
assist the City in obtaining all necessary local, state and Federal permits as may be required
for construction of the Project
2.4.2 The Architect expressly agrees that all of its duties, services and responsibilities
under the Agreement, and all of its consultants' duties, services and responsibilities, shall be
performed in accordance with the standard of care normally exercised in the design of projects
of this nature in South Florida. 'This Standard of Care shall include an analysis of visible site
24
o
3.
limitation
Exhibit C.
4.
field conditions prior to initiating Project design, as contemplated by the Engineering Study
in Section 2.1.
2.4.3 The Architect agrees that Construction Documents provided to the Contractor
for the Work under the Agreement shall be adequate and sufficient for the construction of the
Work.
2.4.4 In connection with the Construction Documents Phase, Design Consultant shall
be specifically responsible for the following:
1. Review periodically the Architect's progress in preparing construction drawings
and specifications (the Construction Documents) to insure compliance with design intent;
Provide design clarification sketches to the Architect as needed;
Participate in presentations and consultations with the City, subject to the
established by Design Consultant's Reimbursable Expenses as set forth in
Respond to the City's request for design adjustments based on cost estimates
during this Phase; and
5. Select, with assistance of the Architect, furniture, fixtures and equipment (FF&E)
which have aesthetic impact and/or are visible to the public (written specifications for FF&E,
if needed, shall be done by the Architect as an Additional Service).
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the City's approval of the Construction Documents and
of the statement of probable Construction Cost, shall assist the City in obtaining and evaluating
lump sum bids, with or without the Additional and/or Deductive Alternatives, assist in the
25
City's evaluation and determination leading up to the awarding, and advise in the City's
preparation of the Contract for Construction.
2.5.2 The Architect shall be required to assist the City in evaluating and tabulating all
bids. Within ten (10) working days thereafter, the Architect shall submit in writing to the
City's Project Coordinator, its recommendation(s) for the award or rejection of the Contract
for Construction, together with two (2) sets of the bid tabulations to be reviewed by the City.
2.5.3 Design Consultant will also assist the Architect and City in reviewing bids from
Contractors.
2.6 CONSTRUCTION PHASE~ CONSTRUCTION OBSERVATION AND
ADMINISTRATION OF THE CONTRACT FOR CONSTRUCTION
2.6.1 The Construction Phase will commence with the issuance ora Notice to Proceed
by the City to the Contractor under the Contract for Construction and, together with the
Architect's obligation to provide Basic Services for the Project under this Agreement, will
tef~inate when final payment to the Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty (60) days after the Date of Substantial Completion of
the Work, or sixty (60) days after the completion date specified in the Contract for
Construction at the time of the issuance of the Notice to Proceed, or twenty (20) months,
whichever occurs first, except that the Architect may thereafter be required as an Additional
Service to continue to attend a reasonable number of meetings regarding matters such as
I~unch list items and payment to and/or claims by or against Contractor and/or its
subcontractors.
26
2.6.2 The City's Project Coordinator will be the City's representative on the Project
construction site. The presence of the City's Project Coordinator shall in no way diminish any
of the Architect's duties and obligations as described in this Agreement. All changes which
would result in an increase of compensation to the Architect must be approved by the City
Commission by passage of a resolution, or the City Manager if such change is less than Ten
Thousand Dollars ($10,000.00). The City's Project Coordinator shall be considered to be on
the site for the benefit and protection of the City, and the Architect shall have no right to rely
on the City's Project Coordinator for assurances or decisions regarding Work which is the
responsibility of the Architect. The Architect and the City's Project Coordinator will hold
regular site meetings on at least a twice a month basis between themselves, the Contractor
and the various subcontractors, as appropriate.
2.6.3 The Architect shall provide administration of the Contract for Construction as
set forth herein and in the General or Supplemental conditions of the Contract for
Construction, as mutually developed by the Architect and City, and the Architect's assigned
authority thereunder shall not be modified without the Architect's written consent.
2.6.4 The Architect 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 order to proceed with the Work, all of the City's
instructions to its Contractor shall be issued through the Architect's representative with
approval by the City.
2.6.5 The Architect shall visit the site as appropriate to the stage of construction, to
become familiar with the progress and quality of the Work and to determine if the Work is
27
proceeding in accordance with the Contract Documents. The Architect shall not be obligated
to make continuous or exhaustive on-site inspections to check the quality and quantity of the
Work. On the basis of such on-site inspections, the Architect shall keep the City informed of
the progress and quality of the Work and shall endeavor to guard the City against defects,
deficiencies in the work of the Contractor or any subcontractors. Upon discovery of any
defects or deficiencies the Architect shall immediately notify the City's Project Coordinator.
2.6.6 The Architect shall not have control of or be in charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, or for the acts or omissions of
the Contractor, sub-contractors or any other persons performing any of the Work, or for the
failure of any of them to carry out the Work in accordance with the Contract Documents.
2.6.7 The Architect shall at all times have access to the Work whenever or wherever
it is in preparation or progress.
2.6.8 The Architect shall determine the amounts owing to the Contractor based on
observations at the construction site and on evaluations of the Contractor's applications for
payment and shall issue certificates for payment in such amounts, as provided in the Contact
for Construction and the Contract Documents, subject to the City's approval.
2.6.9 The issuance of a certificate for payment shall constitute a representation by the
Architect to the City, based on the Architect's observations at the site, and on the data
comprising the Contractor's application for payment, that, to the best of the Architect's
knowledge, information and belief, the Work has progressed to the point indicated; that,
based on the Architect's observation of the Work, the quality of the Work is in accordance
28
with the Contract Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon substantial completion, to the results of any subsequent tests
required by or performed under the Contract Documents, to minor deviations from the
Contract Documents correctable prior to completion, and to any specific qualifications stated
in the certificate for payment); and that the Contractor is entitled to payment in the amount
certified. However, the issuance of a certificate for payment shall not be a representation that
the Architect has made any examination to ascertain how and for what purpose the Contractor
has used the monies paid on account of the contract sum.
2.6.10 The Architect shall be the interpreter of the requirements of the Contract
Documents as they relate to the performance of the Contractor. The Architect shall render
with reasonable promptness interpretations necessary for the proper execution of the progress
of the Work and written decisions, within twenty (20) days, on all claims, disputes and other
matters in question between the City and the Contractor relating to the execution or progress
of the Work or the interpretation of the Contract Documents. All actions required by the
Architect under this Section shall be taken expeditiously.
2.6.11 Interpretations and decisions of the Architect shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in written or graphic
form.
2.6.12 The Architect shall, after discussion with the City's Project Coordinator, have
authority to reject Work which does not conform to the Contract Documents. Subject to the
City's approval, the Architect will have authority to require special inspection or testing of the
YVork when it is necessary or advisable (in the Architect's opinion) for the implementation of
29
the intent of the Contract Documents whether or not such Work be then fabricated, installed
or completed.
2.6.13 The Architect shall review and approve or take other appropriate action upon
the Contractor's submittals such as shop drawings, product data, and samples and other
submissions of the Contractor for conformance only with the design concept of the Work and
with the information given in the Contract Documents. Such action shall be taken with
reasonable promptness. The Architect's approval of a specific item shall not indicate approval
of an assembly of which the item is a component.
2.6.14 The Architect shall prepare Change Orders for the City's approval and
execution in accordance with the Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment in the contract sum or an extension
of the contract time which are not inconsistent with the intent of the Contract Documents.
Meeting notes documenting all minor changes shall be presented in writing to the City's
Project Coordinator after each meeting.
2.6.15 The extent of the duties, responsibilities and limitations of authority of the
Architect as the City's representative during the Construction Phase shall not be modified or
extended without written consent of the City Manager and the Architect.
2.6.16 The Architect shall prepare a set of reproducible record drawings showing the
complete Project as it is finally built (i.e., "as built" drawings) from information provided to
the Architect by the Contractor. These shall be similar in scale and scope to the contract
drawings but shall include all occurrences and instances where the finished building differs
from the contract drawings as a result of duly approved changes made during the construction
3o
of the Project.
2.6.17 Architect shall conduct inspections to determine the Dates of Substantial and
Final Completion and shall issue a certificate for final payment to the Contractor under the
Contract Documents.
2.6.18 All communications relating to the day to day activities occurring at the
construction site or the Work performed shall be exchanged between the Architect's Project
Manager and the City's Project Coordinator.
2.6.19 Design Consultant shall specifically
connection with the Construction Phase:
1.
2.
perform the following services in
Review periodically construction progress;
Review and comment on mock-ups, material submission, and shop
drawings involving design aesthetics;
3. Assist in bulletins, clarifications, and change orders affecting design; and
4. Provide design clarification sketches to the Architect as needed.
2.7 RESPONSIBILITY FOR CLAIMS AND LIABILITIES
2.7.1 Approval by the City shall not constitute nor be deemed a release of the
responsibility and liability of the Architect, its employees, sub-contractors, agents and
consultants for the accuracy and competency of their designs, 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 Architect, its employees,
subcontractors, agents and consultants. However, the Architect shall be entitled to rely upon
31
the accuracy and validity of decisions and information furnished by the City in the same
manner as the City would rely upon same.
2.8 ADDITIONAL FIELD REPRESENTATION
Should the City and the Architect agree that more extensive representation at the
Project construction site than is described in this Article 2 is advisable, such additional Project
representation shall be provided and paid for as an Additional Service.
2.9 ADDITIONAL SERVICES
"Additional Services" are all services not specifically included within the Basic Services
as described in this Agreement. Any Additional Service must be authorized in writing by a
City Commission Resolution or by the City Manager in advance of its performance.
Compensation for Additional Services of Architect and Design Consultant shall be computed
in accordance with the rates set forth in Exhibits A and B, respectively. Additional Services
may include the following services:
2.9.1 Notwithstanding the provisions of Section 2.1, providing additional services,
beyond eighty-five (85) hours, to investigate existing conditions or facilities 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 omission in the drawings..
2.9.2 Making revisions in drawings, specifications or other documents when such
revisions are inconsistent with written approvals or instructions previously given, or with the
Project Scope, or required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents. However, if changes are required to be
made because of error, oversight, inadvertence, or discrepancy in the work of the Architect,
32
Design Consultant, or Architect's consultants, the City shall not be liable to compensate the
Architect for additional services in such connection.
2.9.3 Making investigations, surveys, valuations, inventories or detailed appraisals
of existing facilities, and services required solely in connection with construction performed
by the City.
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 replacement of such Work.
2.9.5 Providing services made necessary by the default of the Contractor, or by major
defects or deficiencies in the Work of the Contractor, or by failure of performance of either
the City or Contractor under the Contract for Construction.
2.9.6 Providing services after 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 Contract for Construction, or twenty (20) months) whichever occurs first, unless the
Basic Service being provided is the attendance by the Architect at a reasonable number of
meetings regarding matters such as punch list items and payment to and/or claims by or
against Contractors.
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 has arisen from
failure of the Architect, Design Consultant or Architect's consultants, to meet the Standard of
Care established in subparagraph 2.4.2.
33
2.9.8 Preparing documents 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 commencement of the Construction Phase.
2.9.9 Providing professiOnal services made necessary by the default of any Contractor
or sub-contractor in the performance of the Contract for Construction.
2.9.10 Providing contract administration services during the Construction Phase,
should the Contract for Construction time exceed beyond twenty (20) months from the
issuance of the Notice to Proceed.
2.9.11 Providing planning, programming, program investigation and evaluation
services, economic studies, feasibility studies, unless such studies are included in the Basic
Services described in Article 2.
2.9.12 Providing certified land surveys and similar information.
2.9.13 Providing such other professional services to the city relative to the Project
which arise from subsequent circumstances and causes (excluding circumstances and causes
resulting from error, inadvertence or omission of the Architect, Design Consultant, or
Architect's consultants) which do not currently exist or which are not contemplated by the
parties at the time of execution of this Agreement. Additional services provided for by this
subparagraph must be approved by a City Commission Resolution or by the City Manager
before such services are rendered.
2.9.14 The preparation for or attendance at fund raising meetings by the Architect
and Design Consultant, in addition to that number required under Article 2 of the Agreement
and referenced in Exhibit C.
34
2.9.15 Providing Services related to site master planning, landscape design, parking
design or hurricane protection designs.
2.9.16 Providing Services related to any special considerations for phasing or for early
release foundation packages (i.e., fast-tracking).
2.10
With respect to the timely completion of the Project, the parties agree as follows:
2.10.1 The Architect shall perform Basic and Additional Services as expeditiously as
is consistent with the standard of professional skill and care required by the Agreement and
the orderly progress of the work. The Architect may submit to the City adjustments to the
Schedule submitted in Exhibit H, and made necessary by undue time taken by the City to
approve the Architect's submissions, and/or excessive time taken by the City to approve the
Work or parts of the Work. The City shall not unreasonably refuse to approve such adjustment
to the Schedule if the request is made in a timely manner and is justified. This Schedule, when
approved by the City, shall not, except for reasonable cause, be exceeded by the Architect.
2.10.2 The parties agree that the Architect's Services during all phases of the Project
will be performed in a manner which shall generally conform with the approved Schedule,
as same may be amended.
2.10.3 The term of the Agreement shall be for a period of four (4) years from the date
of the Agreement.
2.10.4 If and to the extent that the time initially esiablished in subparagraph 2.10.3 of
the Agreement is exceeded or extended through no fault of the Architect, compensation for
any Services rendered during the additional period of time shall be computed in the manner
35
set forth in subparagraph 2.9.
2.11 ~
2.11.1 All required special consulting services, as applicable, of acoustical,
audio-visual, lighting, graphics, landscaping, elevator, fire and security, life safety, building
restoration and other consultants, as well as all required services of structural, mechanical and
electrical engineers, shall be contracted for and coordinated by the Architect, shall be
satisfactory to the City.
2.11.2 The services of Design Consultant and the Architect's civil, structural and
mechanical and electrical engineers shall constitute Basic Services for purposes of the
Agreement, to the extent (but only to the extent) that such services would constitute Basic
Services if performed directly by the Architect. The Architect is fully responsible for any work
designed, approved, certified, or accepted by its engineers, architects, consultants, agents and
employees in the same manner as if the work were designed, approved, certified, or accepted
by the Architect.
2.11.3 In addition to Design Consultant, the Architect proposes to utilize, and the City
herein approves of, when applicable, the following other consultants for the Project:
fi) Martha Schwartz, Inc. (Landscape design)
(ii) Fisher Marantz (Lighting)
(iii) Hanscomb Associates, Inc. (Cost Estimating)
(iv) (Food Service)
(v) Zyscovich, Inc. (included within Architect's Basic Services)
(vi) Frankel and Associates (included within Architect's Basic Services)
36
(vii) (Security)
2.11.4 The Architect shall not change any of the above named consultants without the
City's prior written approval of same, following a written request from the Architect stating the
reason for such change. Similarly, any additional consultants, must be so approved in writing
by the City.
2.11 .$ Excluding Design Consultant (and the consultants specified in subparagraph
2.11(3) (v) and (vi)), the services of the aforementioned consultants are not included within
the Basic Services, and are charged to the City as an Additional Service. The City also herein
reserves the right to contract directly with any of the aforestated, approved consultants, with
regard to any future work, phases, redesign, and expansion of the Project.
2.12 ~
The design partners, management partners and principal design and management
associates assigned to the Project by the Architect and Design Consultant, as same are set forth
in Exhibit I, shall not, without the prior written consent of the City, such consent not to be
unreasonably withheld, be assigned to other work of the Architect or Design Consultant, in
a manner that would materially adversely affect their availability to perform the Services
required by this Agreement (although the City acknowledges that neither the Architect nor
Design Consultant can prevent individuals from terminating their association with such firms).
ARTICLE3. THE CITY'S RESPONSIBILITIES
3.1 The City, with the assistance of and advice from the Project Committee, will
provide the Architect and Design Consultant with the Project goals and design elements.
37¸
3.2 The City, with the assistance of and advice from the Project Committee, shall
provide full information regarding its requirements for the Project, including Building Program
(Exhibit G) budgetary information, and shall cooperate fully with the Architect at all times.
However, the Architect shall notify the City in writing of any information or requirement
provided by the City which the Architect believes to be inappropriate to the design and/or
construction of the Project.
3.3 The City, with the assistance of and advice from the Project Committee, shall
establish a Project Cost Budget and approve Construction Cost Budget breakdown 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. The City shall, at the request of the Architect, provide a statement of
funds available for the Project, and their source. The City shall confirm that the Program they
provide according to Section 3.2 conforms with the Construction Cost Budget. If costs must
be reduced at any stage of the Project, in order to make the design conform with the
Construction Cost Budget, the City will cooperate with the Architect by providing its priorities.
3.4 The City shall furnish, in a timely manner, structural, mechanical, chemical and
other laboratory tests, inspections and reports, as required by law or by the Contract
Documents.
3.5 The City Manager shall designate a representative defined as the City's Project
Coordinator authorized to act on the City's behalf with respect to the Project (see Section 1.6).
'[he City's Project Coordinator shall examine the documents submitted by the ^rchitect and
shall transmit written decisions pertaining thereto promptly. The City shall observe the
38
procedure of issuing orders to the Contractors only through the Architect. The responsibility
of the Architect for enforcing the faithful performance of the Agreement is not relieved or
affected in any respect by the presence on the site of any other agent, consultant, or employee
of the City.
3.6 In 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
auditing services as the City may require to verify the Contractor's applications for payment
or to ascertain how or for what purposes the Contractor uses the monies paid by or on behalf
of the City.
3.7 If the City observes or otherwise becomes aware of any fault or defect in the
Project, or non-conformance with the Contract Documents, prompt written notice thereof shall
be given by the City to the Architect.
3.8 The City shall furnish required information and services and render approvals
and decisions in writing without unnecessary delay. No approvals required of the City during
the various phases of the Project shall be unreasonably delayed provided that City shall at all
times have the right to approve or reject the proposed submission(s) of the Architect and
I~esign Consultant. Notwithstanding any other provision of this Agreement, the City shall be
afforded reasonable amounts of time, taking into account any applicable requirements of
public entities and related community-based organizations having jurisdiction, and public
entities or others providing funding and/or other valuable contribution(s) toward the
development of the Project (i.e., Project Committee), with respect to the Project, to review,
~ernment on and approve drawings, specifications and other materials submitted by the
39
Architect and Design Consultant for the City's approval.
3.9 City's Resoonsibilities to ~
A. '[he CiW Will:
1. Appoint the City's Project Coordinator (See Section 1.6).
2. ~Vith the assistance of the Project Committee (see 1.24 herein), verify and
provide the final Building Program prior to the commencement of design work by the
Architect and Design Consultant. Significant program revisions after commencement of design
work ~'hich result in revisions to work already completed will impact the Project schedule and
will be billable as an Additional Service.
3. Provide survey of property, and other site building information which may
be required by the Architect, as same is customary.
4. With the assistance of the Project Committee (see Section 1.24 herein) review
Architect's amd Design Consultant's work at the end of each Phase and give approval and
authorization to proceed to the next Phase of the Basic Services. Significant changes, as
defir~d by Section 2.9.2 of the Agreement, and requested as to approved design work, will
imp~.c:t the ~oject schedule and will be billable as Additional Services.
~ ~ONSTRUCTION COST
The Construction Cost shall be the total cost or estimated cost to the City of all
eler~entslthe Project designed or specified by the Architect and approved by the City.
The ConstrUction Cost does not include the compensation to the Architect and
4o
to the Architect's consultants, the cost of the land, improvements within rights-of-way,
materials testing services, surveys, landscaping, parking, and F,F & E budget.
4.2 RESPONSIBILITY FOR CONSTRUCTION COST
4.2.1 If the City has not invited bids for the Contract for Construction, as provided in
Section 2.5, within two (2) months after the City's approval of the Construction Documents
submitted by the Architect to the City, the Construction Cost Budget shall be adjusted to
reflect any change in the general level of prices in the construction industry between the date
of such approval of the Construction Documents by the City and the date on which such bids
are invited by the City.
4.2.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent ($%), the City Commission, at its discretion, shall have any of the following
options: (1) give written approval of an increase in the Construction Cost Budget; (2) reject all
bids and authorize rebidding, or (if permissible) authorize a renegotiation of the Project within
a reasonable time; (3) abandon the Project and terminate the Architect's services for the
Project; (4) select as many deductive alternatives as may be necessary to bring the award
within the Construction Cost Budget; or (5) cooperate with the Architect in reducing the
Project scope and quality and changing of the construction Schedule and sequence of Work
as required to reduce the Construction Cost. In the event the City elects to reduce the Project
Scope and quality, the Architect shall redesign the Project, modify the Construction
Documents and provide rebidding services, as a Basic Service, with no additional cost to the
City, in order to bring the bids within five percent ($%) of Construction Cost Budget.
41
~ REIMBURSABLE EXPENSES
5.1 Reimbursable expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Architect, Design Consultant
and the Architect's employees and consultants in the interest of the Project for the expenses
listed in the following subsections. The City shall reimburse the Architect and/or Design
Consultant on a direct cost basis, except as otherwise indicated below, for the costs and
expenses indicated below. All billing procedures of the Architect and/or Design Consultant
shall be reasonably satisfactory to the City. All Reimbursable Expenses pursuant to this Article,
must be authorized in advance by the City Manager or the City's Project Coordinator.
However, Architect and Design Consultant has provided an estimate of Reimbursable
Expenses as Exhibit C to the Agreement, and such expenses shall be considered authorized
by the City. The City shall be obligated to reimburse the Architect and/or Design Consultant
for Reimbursable Expenses in any category only to the extent that they are consistent with a
budget submitted to and approved by the City in advance. Invoices or vouchers for
Reimbursable Expenses shall be submitted along with supporting receipts, and other back-up
material reasonably requested by City. The Architect and/or Design Consultant shall certify as
to each such invoice that the amounts and items claimed as reimbursable are "true and correct
and in accordance with the Agreement." All bills for reimbursement of Reimbursable
Expenses must be submitted within three (3) months after Reimbursable Expenses are incurred.
Expenses subject to reimbursement in accordance with the above procedures are as follows:
5.1.1 Expense of data processing when such data processing equipment is only
available through an outside source and not directly by the Architect.
42
5.1.2 If authorized in advance by the City Manager or the City's Project Coordinator,
expense of overtime work requiring higher than regular rates, special consulting services, if
any, or other services not caused by Architect or part of Architect's Basic Services.
5.1.3 Expense of transportation in connection with the Project; living expenses in
connection with out-of-town travel; long distance communications; and fees paid for securing
approval of authorities having jurisdiction over the Project. Whenever travel costs are
incurred, the Architect and/or Design Consultant shall comply with the City's standards for
reimbursable travel expenses. Travel within Dade County shall not be reimbursable. The City
shall provide Architect and Design Consultant with its standards for reimbursable travel
expenses for their review.
5.1.4 Expense of reproduction, postage and handling of drawings, specifications and
other documents, overnight couriers, long distance telephone charges, except for those
expenses to be borne by the Architect under the Basic Services. Reproductions made in-
house for the office use of the Architect, Design Consultant and the Architect's consultants are
excluded as Reimbursable Expenses.
5.1.5 Aerial photography expenses and other photographic production expenses.
$.1 .& Out-of-pocket expenses relating to the preparation of renderings, models and
nnock-ups requested by the City.
~ pAyMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 Payments for Basic Services shall be made monthly, based upon work
completed and approved by the City's Project Coordinator, and upon presentation and receipt
43
of Architect's invoice or statement. It is agreed that payment to the Architect shall be made
on a lump sum fixed fee basis of Six Hundred Ninety Four Thousand and Fifty Dollars
($694,0.50.). Payments shall be made in proportion to the Services performed in each Phase
so that the payments for Basic Services for each Phase shall equal the following percentages
of the total: , ~
Schematic Phase: 1 $%
Design Development: 20%
Construction Documents Phase: 40%
Bidding Phase
Construction Phase 20%
It is agreed that the lump sum fixed fee set forth above is based on the percentage of
Construction Cost, but shall be adjusted in the event the City increases the actual Construction
Cost in Section 1.13.
6.2 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES
6.2.1 Payment on account of the Architect's Additional Services, as defined in Article
2, and for Reimbursable Expenses, as defined in Article .5, shall be made within forty-five (45)
days of presentation of the Architect's and/or Design Consultant's detailed statement or invoice
of services rendered or expenses incurred which shall be rendered in duplicate to the City
Manager.
6.3
6.3.1
PROIECT SUSPENSION OR TERMINATION
Upon written notice to the Architect, the City shall have the right to suspend
or terminate the Project as set forth in Article 9. If the Project is suspended or abandoned in
44
whole or in part for more than three (3) months, the Architect shall be compensated for all
Services performed prior to receipt of written notice from the City of such suspension or such
abandonment, together with Reimbursable Expenses up to the termination date. If the Project
is resumed after being suspended for more than three (3) months, the Architect's compensation
shall be equitably adjusted including any necessary start-up costs. Prior to any payment due
to suspension, the Architect must provide the City with all documents, reports, drawings,
Computer reports and the like reflecting the Work completed to date.
6.4 No deduction shall be made from the Architect's compensation on account of
sums withheld from payments to Contractors.
6.5 The City agrees to hold the Architect harmless only as to the misuse of the
aforestated documents, reports, drawings, computer reports and the like reflecting the Work
Cc~mpleted, only in the event of misuse of same by the City, or its agents and employees, and
then, solely as a result of a change or alteration to such documents, et. al.
~ ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses pertaining to Basic and
'a~clditional Services shall be kept on the basis of generally accepted accounting principles and
sl~all be available to the City and the City's authorized representatives at mutually convenient
ti rnes and location. The Architect shall retain these records for a period of at least four (4)
¥~ars from completion of construction or abandonment of the Project.
~ OWNERSHIP AND USE OF DOCUMENTS
8.1 All plans and drawings will be prepared and submitted by the Architect and
I~sign Consultant to the City for approval. Working drawings will be prepared on CAD or
45
mylar drafting film or the equivalent with all lettering in ink or pencil or press-type and clearly
legible when the sheets are reproduced and reduced to half size.
8.2 (a) The drawings, specifications and other materials prepared by the
Architect pursuant to the Agreement (other than conceptual drawings, and other than models,
renderings and other materials intended to be used for presentation purposes) are instruments
of the Architect's Services, the originals of which and the copyright and/or similar rights with
respect to which, may be retained by the Architect. However, the City shall be permitted to
retain copies, including reproducible copies, of all such drawings, specifications and other
materials and may use and permit the use thereof for any lawful purpose (a) in connection
with the City's use and occupancy of the Project; (b) if this Agreement shall terminate prior to
the completion of the Project, in connection with the completion of the Project; and/or (c) in
connection with subsequent related work, whether or not the Architect is the architect for
subsequent work.
The foregoing is not intended to preclude the City from publishing or otherwise using
for promotional purposes, representations of its designs (including any of the drawings) or to
require the City to pay the Architect for the right to do so. The term "Architect," as used in
this subsection, shall be deemed to include all other consultants retained by the Architect.
(b) The drawings, specifications and other materials prepared by the Design
Consultant pursuant to the Agreement (other than conceptual drawings, and other than
models, renderings and other materials intended to be used for presentation purposes) are
instruments of the Design Consultant's Services, the originals of which and the copyright
and/or similar rights with respect to which, may be retained by the Design Consultant.
46
However, the City shall be permitted to retain copies, including reproducible copies, of all
such drawings, specifications and other materials and may use and permit the use thereof for
any lawful purpose (a) in connection with the City's use and occupancy of the Project; (b) if
this Agreement shall terminate prior to the completion of the Project, in connection with the
completion of the Project; and/or (c) in connection with subsequent related work, whether or
not the Design Consultant is the architect for subsequent work.
The foregoing is not intended to preclude the City from publishing or otherwise using
for promotional purposes, representations of its designs (including any of the drawings) or to
require the City to pay the Design Consultant for the right to do so.
8.3 Upon completion of the construction of the Project, the Architect shall, within
thirty (30) calendar days following final inspection and delivery of Contractor's marked up "as
built" drawings, deliver to the City the original contract working drawings and tracings, or
mylar or sepia prints (3 mil), correct to "as built" conditions as submitted by the Contractor to
the Architect, to the City's Project Coordinator, including all changes, as recorded by the
Contractor in his "as built" drawings, made during the course of the Project.
-~ ARTICLE 9. TERMINATION OF AGREEMENT
~ 9.1 RIGHT TO TERMINATE
The City is a governmental entity and is subject to the appropriation of funds by its
legislative body in an amount sufficient to allow continuation of its performance in accordance
~vith the terms and conditions of this Agreement. In the event there is a lack of adequate
funding for the Project, the Project may be abandoned or terminated, and the City may cancel
this Agreement as provided for herein.
47
9.2 TERMINATION FOR CONVENIENCE
9.2.1 THE CITY, IN ADDITION TO THE RIGHTS AND OPTIONS TO TERMINATE
GIVEN ABOVE, OR ANY OTHER PROVISIONS SET FORTH IN THIS AGREEMENT,
RETAINS THE RIGHT TO TERMINATE THIS AGREEMENT AT ITS SOLE OPTION AT ANY
TIME FOR CONVENIENCE, WITHOUT CAUSE AND WITHOUT PENALTY WHEN, IN ITS
SOLE DISCRETION, IT DEEMS SUCH TERMINATION IS IN THE BEST INTEREST OF THE
CITY.
9.2.2 In the event the City cancels or terminates the Agreement, as provided in
subsection 9.1 or 9.2 herein, the Architect shall be compensated for all Services rendered by
the Architect and its consultants, and Reimbursable Expenses, up to the time of said
cancellation or termination. The City shall have no further liability for compensation,
expenses or fees to the Architect, and the Architect shall perform its termination related
obligations under the Agreement as provided in Articles 8 and 9.
9.3 DEFAULT AND TERMINATION FOR CAUSE
9.3.1 The City may terminate this Agreement for cause in the event that: (1) the
Architect willfully violates any provisions of this Agreement or performs same in bad faith;
(2) unreasonably delays the performance of the Services, and such default, as set forth only
in (1) and/or (2) above, is not cured within thirty (30) days after written notice to the Architect;
(3) the Architect is placed in either voluntary or involuntary bankruptcy; or (4) makes an
assignment for the benefit of creditors. Provided, however, that if such default, as set forth
only in (1) and/or (2) above, is curable, but of such nature that the cure cannot be completed
· vithin such thirty (30) day period, and Architect shall notify the City of same in writing and
48
the City shall so approve Architect's request, such failure will not be deemed a default if
Architect promptly commences a cure upon receipt of a cure notice and diligently prosecutes
such cure to completion; provided, however that such cure period shall not exceed sixty (60)
days.
9.3.2 In the event this Agreement is terminated by the City for cause, the City, acting
through the City Manager, may take over the Services and complete them, by contracting with
another Architect(s) or otherwise, including Design Consultant or other consultants referenced
in the Agreement, provided that they too are not in default of the Agreement. In such event,
the Architect shall be liable to the City for any additional cost incurred by the City due to such
termination as set forth in this Section. "Additional Cost" is defined as the difference between
the actual cost of completion of such incomplete Services at a fee similar to the one negotiated
for this Agreement, and the cost of completion of such Services which would have resulted
from payments to the Architect hereunder had the Agreement not been terminated.
9.3.3 Payment for Services satisfactorily performed by the Architect prior to receipt
of notice of termination for cause, and accepted by the City, shall be made in accordance with
subsection 9.2.2 herein, and the 'City shall have no further liability for compensation, expenses
or fees to the Architect.
9.3.4 Upon receipt of written notice of termination, the Architect shall, when directed
by the City, promptly assemble and submit as provided herein or as required in the written
notice hereunder, all documents including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
9.3.5 In the event of termination for cause, no payments to the Architect shall be
49
made (1) for Services not satisfactorily performed (as referenced by the City's Notice of
Default/Notice to Cure; "not satisfactorily performed" to be defined as not conforming to the
Standard of Care referenced in Section 2.4.2); and (2) for assembly and submittal of documents
for the Services performed satisfactorily or unsatisfactorily.
9.3.6 The Architect may terminate the Agreement for cause in the event that the City,
acting through the City's Project Coordinator or otherwise, willfully violates any provisions
of the Agreement or unreasonably delays payment for the Services, and such default is not
cured within thirty (30) days after written notice to the City. In that event, payment for
Services satisfactorily performed prior to the date of termination shall be made in accordance
with subsection 9.2.2 herein. Provided, however, that if the City's default is curable, but of
such nature that the cure cannot be completed within such thirty (30) day period, such failure
will not be deemed a default if City promptly commences a cure upon receipt of such notice
and diligently prosecutes such cure to completion; provided, however that such cure period
shall not exceed sixty (60) days: The Architect shall have no right to terminate the Agreement
for convenience of the Architect, without cause.
9.4 IMPLEMENTATION OF TERMINATION
In the event of termination either for cause or for convenience, the Architect, upon
receipt of the notice of termination, shall (1) stop the performance of Services under the
Agreement on the date and to the extent specified in the notice of termination; (2) place no
further orders or subcontracts except as may be necessary for completion of any portion(s) of
the Services not terminated, and as authorized by the written notice; (3) terminate all orders
and subcontracts to the extent that they relate to the performance of the Services terminated
50
by the notice of termination; (4) promptly assemble and properly deliver to the'City within
fifteen (15) days of receipt of the notice of termination all finished and unfinished documents,
whether originals or copies, of the work performed, including all data, studies, surveys,
drawings, maps, models, photographs, reports, calculations, specifications, correspondence,
and all other work products prepared by the Architect and other relevant materials affected by
the termination; (5) and complete performance of any work as shall not have been terminated
bythe notice of termination. ~
~ NON-SOLICITATION
10.1 The Architect warrants that it has not employed or retained any company or
person, other than an employee working solely for the Architect, to solicit or secure this
Agreement; and that it has 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 Architect for any reason whatsoever.
11.1 The Architect shall not commence any Services pursuant to the Agreement until
all insurance required under this Article has been obtained and such insurance has been
approved by the City's Risk Manager. The Architect shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the Project the following
insurance.
11.1.1 Architects and Engineers Professional Liability Insurance in the amount of One
/Million ($1,000,000.00) Dollars. For a claims made policy, the Architect agrees to carry four
51
(4) years tail coverage after Work is completed, or maintain a comparable policy for four (4)
years, provided that such comparable policy shall include coverage for prior acts effective
from the date of execution of this Agreement. A certified copy of the Architect's (and any
sub-consultants', including Design Consultant) Insurance Policy must be filed and approved
by the I~isk Manager prior to commencement.
1 1.1.2 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 preclucts, completed operations, and contractual liability coverages. The City must be
named as an additional insured on this policy.
1 1.1.3 Worker's compensation and employer's liability coverage within the statutory
limits of the State of Florida.
1 1.2 Thirty (30) days written notice of cancellation or substantial modification in the
insur~r~cecoverages must be given to the City by the Architect and the insurance company.
1 1.3 The insurance must be furnished by insurance companies authorized to do
busir~ss in the State of Florida anl:! approved by the City's Risk Manager.
11.4 Original certificates of insurance for the above coverages must be submitted to
the C~ity'~P~isk Manager for approval prior to any Services commencing. These certificates will
be k~l~t on file in the office of the Risk Manager, 3rd Floor, City of Miami Beach City Hall.
11.5 The Architect is responsible for obtaining and submitting all insurance certificates
for its stJ)-c0nsultants, including Design Consultant. All insurance policies must be issued by
corn l~aries authorized to do business under the laws of the State of Florida. The companies
must I~rated no less than "B +" as to management and not less than "Class VI" as to strength
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance
with the foregoing requirements shall not relieve the Architect of the liabilities and obligations
under this Article or under any other portion of this Agreement, and the City shall have the
right to obtain from the Architect specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance with required
coverages.
11.6 All of the Architect's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
11.7 Unless directed by the City otherwise, the Architect shall not commence any
Services pursuant to this Agreement until the City has received and approved, in writing,
certificates of insurance showing that the requirements of this Article (in its entirety) have
been met and provided for.
~ INDEMNIFICATION
12.1 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 Architect hereby
agrees to indemnify, defend and hold harmless the City and its employees, agents and
authorized representatives with respect to any and all costs, claims, damages and liability
which may arise out of the performance of this Agreement as a result of any negligent acts,
errors or omission of the Architect, or the Architect's sub-consultants, or any other person or
entity under the direction or control of the Architect, exclusive of any consultants retained by
53
City pursuant to subsection 3.4 of the Agreement. The Architect shall pay all claims and losses
arising out of the Architect's negligent acts, errors or omissions or the Architect's sub-
consultants, or any other person or entity under the direction or control of the Architect, 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.
13.1 All claims, disputes and other matters in question between the Architect and the
City ~arising out of, or relating to the Agreement, the Project, the Work, the Contract
Documents or the breach thereof shall be subject to and decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association
currently in effect unless the parties mutually agree otherwise.
13.2 Demand for arbitration shall be filed in writing with the other party to the
Agreement and with the American Arbitration Association. A demand for arbitration shall be
made within a reasonable time after the claim, dispute or other matter in question has arisen.
In no event shall the demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter in question would be
barred by the applicable statutes of limitations.
13.3 No arbitration arising out of or relating to the Agreement shall include, by
consolidation, joinder or in any other manner, any additional person or entity not a party to
the Agreement, except by written consent containing a specific reference to the Agreement
and signed by the City, Architect, and any other person or entity sought to be joined. Consent
54
to arbitration involving any additional person or entity shall not constitute consent to
arbitration of any claim, dispute or other matter in question not described in the written
consent or with a person or entity not named or described therein. The foregoing agreement
to arbitrate and any other agreements to arbitrate with any additional person or entity
permitted to arbitrate in accordance with the Agreement shall be specifically enforceable in
accordance with applicable law in any court having jurisdiction thereof.
13.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof.
13.5 Unless otherwise instructed by the City in writing, and notwithstanding any other
rights or obligations of either of the parties under any Contract Documents or agreements, the
Architect shall carry on with the performance of its Services and duties hereunder up to ten
(10%) of the Services beyond the point at which arbitration commences, 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 Architect in accordance with the Agreement, up to the amount of Services performed by
the Architect, but the City shall be under no obligation to make payments to the Architect on
or against such claims, disputes, or other matters in question, during.the pendency of any
arbitration or other proceeding to resolve such claims, disputes or other matters in question.
13.6 The City and Architect agree to abide by the Arbitrator's recommendation as to
which party shall bear the costs of arbitration.
55
~ LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can place
a limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
an amount equal to the total lump sum fixed fee, as set forth in Section 6.1.1, plus any
Additional Services and Reimbursable Expenses then due, less the amount of all fees
(including fees for Additional Services and Reimbursable Expenses) actually paid by the City
to Architect under the Agreement. Architect hereby expresses its willingness to enter into this
Agreement with Architect's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount equal to the total lump sum fixed fee, as set forth
in Section 6.1.1, plus any Additional Services and Reimbursable Expenses then due, less the
amount of all fees actually paid by the City to Architect pursuant to the Agreement.
14.2 Accordingly, and notwithstanding any other term or condition of this Agreement,
Architect hereby agrees that the City shall not be liable to Architect for damages in an amount
in excess of the total lump sum fixed fee, as set forth in Section 6.1.1, plus any Additional
Services and Reimbursable Expenses then due, which amount shall be reduced by the amount
actually paid by the City to Architect pursuant to the Agreement, for any action or claim for
breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon City's liability as set forth in Florida Statutes, Section 768.28.
~ ADDITIONAL CONDITIONS
15.1 This Agreement shall be governed by the laws of the State of Florida.
15.2 Terms in this Agreement which have not been defined in Article 1 shall have the
same meaning as those in AIA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
15.3 This Agreement represents the entire agreement between the City and the
Architect. This Agreement may be amended only by written instrument signed by both the
City and the Architect utilizing the same formalities as were used for its adoption.
15.4 The City and the Architect waive all rights against each other and against the
Contractors, consultants, agents and employees of the other for damages covered by any
property insurance during construction as set forth in the current edition of AIA Document
A201, General Conditions of the Contract for Construction, current as of the date of this
Agreement. The City and the Architect each shall require appropriate similar waivers from
their contractors, consultants and agents.
15.5 The parties 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 the Agreement or any portion thereof, without written
authorization and consent of the other party to the Agreement. The parties agree that the
Architect's services are unique in nature and that the Architect may only receive such
authorization by way of a City Commission resolution,
15.6 The Architect, Design Consultant and their consultants, agents and employees
and sub-contractors, shall comply with all applicable Federal, state and county laws, the
57
charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies, as
they relate to the Project.
15.7 The Agreement shall be enforceable in Dade County, Florida, and if legal action
is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
15.8 All written notices shall be given as follows:
To City: Office of the City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to:
Office of the City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
To Architect:
Spillis Candela & Partners, Inc.
800 Douglas Entrance
Coral Gables, Florida 33134
Attention: Mr. Michael Kerwin
With copies to
Design Consultant:
Arata Isozaki & Associates
9-6-17 Akasaka
Minato - ku, Tokyo 107, Japan
Attention: David Gauld
All notices mailed by either party shall be deemed to be sufficiently transmitted if sent
by certified mail, return receipt requested.
15.9 With respect to the investigation, detection, abatement, replacement or removal
58
of products, materials or process containing asbestos, the Architect hereby states, and the City
acknowledges, that the Architect has no professional liability (errors or omissions) or other
insurance, and is unable to reasonably obtain such insurance-for claims arising out of the
performance of or failure to perform professional services, including but not limited to the
preparation of reports, designs, drawings, and specifications, involving such asbestos related
matters. Accordingly, the City hereby agrees to bring no claim of negligence, breach of
contract, indemnity or otherwise against the Architect, its principals, employees, agents and
consultants if such claim in any way would involve the Architect's services for the
investigation of or remedial work related to asbestos in the Project. In the event asbestos is
determined to be present in the Project, the other party shall be given notice and the City
agrees to retain an asbestos specialist Architect to provide services relating to the asbestos.
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Al-rEST
City Clerk
FORM APPROVED
LEGAL DEPT.
Dat
sg
i
~"'~91:~F2-l&~' 'E~ 10:1~E~ I~" 'A ISOZEIKI & .l:lCj..~
WITNESS
Sills~ure
Print ~me
ARCHITECT/SPILLIS CANDE. LA &
PARTNERS, INC.
/~JSnature
Prin! N,~me/rltle
WITNESS
AGREED TO AND ACCEPTED BY:
DESIGN CONSULTANT!
ARATA ISOZAKI & ASSOCIATES
Signature
YO~h i ko wl~ i ya
Print Name
AraTe Isozski~ Principal
..... Print Name/Tide
ACKNOWLEDGED BY:
BASS MUSEUM BOARD OF TRUSTEES
FRIENDS OF THE BASS MUSEUM
SC&P Standard Billing' Rates
Calendar Year 1995
ARCHITECTURE/ENGINEERING
& INTERIOR DESIGN
1995
Principal
Supervisor
Project Manager A-E-I
Project Arch/Eng/Designer
Engineer
Job Captain/Designer
Senior Drafter/Designer
Drafter/Designer
Construction Admin
Spec Writer
Typist
160,00
110.00
95.00
80.00
75.00
60.00
55.00
45.0O
78.00
80.00
40.00
CADD Equipment
45.00
Billing rates subject to annual escalation as of
calendar year end.
Exhibit A
Hourly Rates for Additional Services of
Arata Isozaki & Associates
Bft.~.n~lO RATE SCHEDULE 1995
Shuichi Fujie
Rimshi Aoki
Shin Watanabc
pRO~C'T ARCHI'I'ECrS
~'NIOR DESIGNERS
/LTNIOR DESIGNERS
$305.00
$239.00
172.00
172.00
$78.00- 145.00
$123.00
$76.00 - 132.00
$60.00 - 75.00
Note: Billing Rates are effective January 1, 1995, and are subject to periodic and calex)09r
year modification related to the rate of inflation in thc U.S. Rates shown are U.S.
dollars.
Exhibit B
Bass Museum of Art (~ ~' '~z
· ( on,
~re. Schematic Desmn Phase (approximately 1 hs)
Aiffare Intema6onal: (1) @ $5,500/trp $ 5,500
Domestic: (6) @~/trP 7,200
Accommodations (14) ~_~ght 2,240
Meals (14) @ $40/day 560
Automobile (12) @ $40/day rent 480
car service/taxi 1,500
Commnnicadons
Prints, Photo Processing 1,000
Sub~tal $19,480
Trip° i~ ,m, Ph~. ~re for Iso?~Ici (international trp) and one NYC office staff (domestic
w4m~ tr~ mee. t with Citv and Muse-m tn Mmm~ for the development of thc uilcli~.g
~ th---~ ~lish;nent of Project organization and lcadmhip, and contractual
discussions.)
Accowrruadations
Meals
Automobile
~ehematie Design Phase (approximately 4 months)
Aiffare International (4) @ $5,500/trip $22,000
(8) @ $160/night 1,280
(8) @ $40/day 320
(4) @ $40/dayrent 160
car servicedtaxi 1,500
Long Distance 2,000
C.~vnunications
Prints, Photo Processing
Massing Models
Renderings (if needed)
Sutmoud
1,500
10,000
10,000
$48,760
(International trips in this Phase are for Isozaki and one Tokyo office staff, to give interim
and final schematic design presentations to City and Museum in Miami.)
Exhibit C
Estimate of Reimbursable Expenses
March 18, 1995
Page Two
D~i~n Development Phase (approximately 4 months)
Aidare Intenzational: (3) @ $5,500/tdp
Domestic: (14) @ $1,200/tfip
(32) @ $160/night
(32) @ $40/day
(28) @ $40/day rent
Accommodations
lvleals
Automobile
$16,500
16,800
5,120
1,280
1,120
Long Distance
Communications
Prints, Photo Processing
Models
Sulm~al
3,~
2,~
2,~
~8,320
(International trips in this Phase are for ho:,zicl to attend two coordination meetings in
Minmi with City, engineers, consultants, etc., and for one Tokyo office staff to join NYC
office; domestic trips are for two NYC staff to attend approximately bi-weekly coordination
meet~gs in Miami.)
Accommc~. ntlons
Meals
Auucanobile
Construction Document Phase (approximately 5 months)
Inter,,tlonal: (2) @ $5,500/trip $ I 1,000
Domestic: (8) @ $1,200/u'ip 9,600
(29) @ $160/night 4,640
(29) @ $40/day 1,160
(27) @ $40/day rent 1,080
Long Distance
~unications 4,000
Prints, Phow Processing 2,000
Subtotal $34,480
(International trips are for Isozald and one Tokyo office staff to meet once with SC_2cP in
Miami; domestic trips are for one NYC office staff to meet with SC&P approximately bi-
weekly. The purpose of these mee~.', gs. is .to review the p ,r~,gress of the constru?ti?n .
documents, to insure compliance wire me oesign intent and/or approve proposea mtemanve
design solutions.)
Estimate of Rcimbur~ebl¢ ExI~nses
Merch 15, 1~$
Pe~ Tln~
Biddln~ & Construction Administration phases (approximately 21 months)
Aiffare International:
Domestic:
Accommodations
Meals
Automobile
(4) @ $5,500 $22,000
(10) @ $1,200 12,000
(34) @ $160
(34) @ ~ 1,360
(30) @ $40/day rent 1,200
car service/taxi 1,500
C~nn~Distance
cations 8,000
Prints, Photo Processing 3,000
Subtotal $54,500
(International trips in this Phase are for Isozaki and one Tokyo office staff to visit thc
consUuction site two times each, to observe progress and/or a.ppro.v.e mock-up.s and. ..
alternatives; domestic trips are for NYC office staff to make stte wmts approximately m-
monthly.)
TOTAL ESTIMATE OF P,..F_,IIV[]~I.J'P,.S.~I~T,~ EXPENSES $205,540.00
Noms:
1) Expenses estimated are for Arata Iso?aki & Associates only, and are in addition to fees
2)p~id~umhe~ of ~ips indical~l in estimate is considered to be the number required to execute
the, project. Any additional trips reques .t~,d and a. uth~,zed by ~¢ City will result in
.rkl_ifional services fees and an increase m remaoursame expenses.
3) Domestic air Iravel is Economy Class; inlmmational air u'avel is Business Class.
However, Principal will use First Class but be reimbursed for Business Class fare;
therefore, meetings will be scheduled so as to be combined with Principal's trips for other
purposes, so that actual cost may be shared with other clients.
4) Meal expenses shown are based on the Runzh¢imer Index dated July 1993, which
should be adjusted as appropriate to include inflation.
5) Expenses indicated are approved by the City. Expenses exceeding the total estimate
· ' written authorization from the City. 1
6) This estimate does not include the cost of professionally-produced mode s and
renderings, which may be required for fund-raising or public relations purposes.
7) Accommodation expense shown is the currently negotiated corporate rote at the Raleigh
Hotel, excluding tax.
9-673"7i~ p. g2
1~0-199~ 13:5-5 FROM SPILLIS
~rch 11, 1995
Bass Museum
SCP #G3032
Reimbursable Expenses - Estimated
Related to expenses of SCP, Frankel Associates and Zyscovich combined.
¸1.
Trips:
,.. o resent and follow-up on the compliance
i s be necessary t p · · ese trips (if
One or two tr p..m_.~.. .... J =~ral historic preservation agenoes Th
t the :~ta~e anu [~-~ ·
r uirements o.. -~- ~:--. ,,, ~ nd ohase of des,gn.
eq . _-, ...... ~,q ~u-cur |ri TJle ma, v, ~ecO r '
requ~reo~ ,-~,"," -- $ 2,000
Tatlahassee 2 persons X 2 trips (max.) 1,800
Washington 2 persons X 1 trip (max.)
2. Lon8 Distance/Telefax
Reproduction
(bid sets provided by City)
MaiVCourier/Ovemight express
Total
Prepared b~. ~
13,500
10,000
$36,300
C.M.B. Q~FICE [~ ~
pROJECT BUDGET BREAKDOWN
Construction Cost
u) If 1S63 addition is preserved:
* R~esmratlon / Renovation of existing building
OS,SOO SF
Ne~ eomtracflon
09,3O6 SF
b) If 1963 addition b demolished:
· Restoration / Renovation of existing building
(13~S00 SF ~ S1S0 / SF)
* ~ comtruction
O0,S06 SF ~ S200 !
Sub-torsi
10% contingency allowance
Construction Cost
3~1~3~3
S2,02S,000
4,161,363
694,0S0
C. ~eivubursables - Estimated for all team members 241~40
78 0
D. SI)e(ialt~ consulti~bey°nd basic services: , . ~
* (~d es~nat'ing ~ ~
Fed service S,000
L~dsctpJn~ 2,S00
S~uriW S,000
FFaE, project support services, testing & miscellaneous
t8o,61o
TOTAL PROJECT BUDGET = $8,000,000
Exhibit E
~,~£ ~-~2 ~'
DRAFT 1/10/95
M USF___U'"
OFART(
BUILDING PROGRAM FOR THE BASS MUSEUM OF ART
EXPANSION AND RENOVATION
INTRODUCTIOlq
Staff, Boa~l of Trustees, Friends of the Bass and officials of the City of Miami Beach are
COmmitted t) having a ~ajor regional museum which necessitates the expansion and renovation
of the Bas:Museum off, rt.
This ~:¢lYrt has two secl~ns in addition to this introduction. The first relates to the historic
Pan¢oasl~uilding. Secfio].two describes the program requirements for the upcoming phase of
the e~pasion and renOVation.
Exhibit G
--_ ~,/ENU=!AMi ~-~ ~ ~, FLORIDA, 33139 / 305-673-7530
2
This program draft is an attempt to fit the program needs into 25,266 net square feet, as
requested by the architects on 1 September 1994.
The square footage assigned to each function in the Hardy Holzman Pfeiffer report is being used
as a beginning benchmark in this report for the initial development of schematics for the Bass
Museum expansion and renovation. While it is recognized that each department of the Museum
may request more space than will be allowed by the amount of money available to build the
project, it is hoped that additional net square footage can be achieved as the design is developed.
The'plan should be tested against future operational budgetary projections and the construction
budget as well throughout this process. Also, it should be reviewed during design development
to accommodate n~es~ry sq~mre footage adjustments after initial schematics have been presented
by the architects.
SECTION ONE - THE PANCOAST BUIV.nING
Program issues needing resolution and comments on the renovation.
In order to fully develop this plan it has become important to define how space in the Pancoast
Building will be used, since this impacts program assignments in the new addition. The following
questions were addressed recently, and the answers noted below are the result of recent discussions
between representatives from Isozaki and Spillis/Candela and the Museum staff on 1 September
1994.
3
The front entrance on the Park should remain operable. The public has been accustomed to using
this entrance for almost 65 years. The entrance should be made to seem more open and
welcoming perhaps with glass doors enabling people to see into the museum and allowing visitors
· inside to see the park.
2) To what degree is the Pancoast Building to be restored and renovated?
The building's exterior should be faithfully restored with integrity and sensitivity. The building
should be pressure cleaned. Damaged decorative elements should be recast. Any restorations to
the interior, along with renovations and .modifications, should be made in k~eping with the
historic integrity of the original structure, while at the same time recognizing that the building
must function as a modem museum. The Paneoast Building must be brought into compliance
with the handicap code wherever possible.
While undergoing restoration and renovation there should be consideration of refenestrating the
Pancoast Building (including re-opening the 2nd flOOr skylights). Natural light helps establish
a relationship between human beings and their environment, and can be part of the interaction
between visitors and works of art on view.
The two spiral staircases in the museum behind the current shop location should be removed.
Restoration of the m,~Tr.~nine and staircase adjacent to the South Gallery area should be considered
in terms of future use (storage, office equipment, etc.).
4
The east or front Loggia should remain an open area with new security gates which are designed
to fit the openings (height by width). These gates could be works of art in keeping with the
historic nature of the building - maybe a % for art opportunity. The original openings in the north
and south Loggias should be restored and glazed as passageways within the Museum.
3) With a smaller ad~iition, what elements of the expansion program are to be delayed in hopes
of being added hter on?
Some support space and additional galleries would be added in a later phase. See Section Ill of
' this report.
4) Is the configuration of this smaller addition to be sited symmetrically behind the Pancoast
Building, or is it to be located to the northwest in hopes of expanding further southward at a later
time?
At this writing it is anticipated that the addition will be sited to the northwest behind the Pancoast
Building.
6) Will the smaller addition be two or three levels in height?
It is anticipated that the addition will be two stories.
SECTION TWO - PROGRAM SUMMARY
PHASE ONE CONSTRUCTION
37,900 gross sq ft - (25,266 net sq ft*)
22,400 new - 15,500 renovated
1. PUBLIC ENTRY/FREE ZONE - 3,300 sq ft total
The net square footage for some of the functions, as well as their locations, noted in the public
entry are difficult to gauge at this time. Aiches has requested that the architects look to other
museum projects for a standard which has been used in similar applications for these functions. ·
Whatever amount of SClnare footage is necessary to be used for the functions listed below will be
subtracted from the net total set aside for the entry area, but will be within the projected 3,300
square feet.
Reception/Lobby - A view through the building's interior would be desirable, though it is
uncertain at this time how the 1963 addition is going to be treated during the renovation. It is
anticipated that the public effigy area will run through the axis of the existing building and continue
to the Collins Park entrance. This area will serve a variety of purposes including being used as
an area for opening receptions, in conjunction with the Museum Cafe. Additionally, there will
also be opportunities for the installation of selected works of art from the permanent collection.
* 2S, 266 n3.f. net after mechanical spaces, wall, etc~
6
Consideration should be given to upgrading and relocating the elevator in the Pancoast Building
in order to restore the foyer to its original size. A smaller yet handicap accessible elevator could
be located in one of the bays which currently serves az a vertical mechanical chase and mechanical
room for HVAC equipment on the second floor.
Courtyards - Creating enclosed courtyards by designing some type of secure screen would
provide the Museum with important, protected and secured spaces for the installation of sculpture
and outdoor seating for the proposed Museum Cafe. Miami is about light, air, plant life and the
relationship between human beings and their environment. Visitors to the Museum will need and
desire opportunities to retreat from the galleries, yet remain within the confines of the Museum.
Aaml~'ion Registers and Information Services - It may be necessary to combine these services
into a central area in the entry/free zone, and possibly incorporate the coat check into this
location. It should be designed to handle two cash registers, and up to five people.
Space for museum brochures, timely information and other literature should be incorporated into
the design of the cabinetry of these areas. Lengthier publications would be available in the
Museum Shop.
It is not known at this time whether these stations will double as security desks az well. This needs
to be discussed with the security consultants. The net square footage for these stations (still to be
determined) will overlay the net square footage for the public entry areas.
7
Video Library and Orientation Room - 200 sq fl should be set aside for educational videos and
introductory programs about the collections and changing exhibitions. It will house five CD Rom
stations. It should have a glass entry and a glass curtain wall facing out onto the free zone.
Aamlssion Checkpoint - A ticket type turnstile which accepts subway type cards should be
installed at the entrance to the galleries before reaching the passenger elevator.
Coat check rooms - 150 sq ft
If these functions are not incorporamd into a centrally located information area, an approximately
150 sq ft should be located adjacent to the entry and.information desk, with enough space for
raincoats, umbrellas, cameras, wheelchairs, baby strollers, etc. Public telephones should be
incorporated into these areas and adjacent to the information desks, the Museum Cafe and the
Museum Shop. Drinking fount~lnq should be located on each level close to the passenger
elevator entrances. Average daily attendance is expected to be approximately 1,000 -2,000 per
day. The maximum attendance for social events is anticipated to be about 1000 people. The
following are estimates for what may be required to equip this area: coat rack(s) to handle 100
coats, 150 umbrellas, 25 cameras, 25 backpacks, etc.
2. MUSEUM SHOP/BOOKSTORE - 1,500 SCl fl total
Muse~m Shop - 1,200 sq ft
Shop Storage - 300 sq ft
This area of the Museum should have strong visibility near circulation areas. Entry should be
from the free zone. It should have enough storage for all backstock (books and catalogues) and
other merchandise sold in the shop. The entry should be an all glass door. Exterior access to the
Museum Shop is not required. Space for up to two cash registers should be provided.
Surveillance will be handled by the Museum's security system. Shoplifting sensors could be
instnlled at the Shop entrance. Requirements for merchandise display will be provided at a later
time.
CAFE & KITCHEN - 1000 sq ft
Roof Terrace
Two facilities were discussed in September.
roof terrace with coffee service.
The Museum Cafe, with a warming kitchen, and a
The Cafe & Kitchen - 1,000 sq. ft.
This should be a multi-purpose area with moveable tables and a counter or cafeteria. There should
bea after hours accessibility - perhaps an entrance from the courtyard. An adjacent kitchen is
required with appropriate ventilation and easy access for dcllveries and trash removal.
'Ihe Kitchen - Appropriate venting will be required. The kitchen requires service access for food
deliveries, trash removal and use by caterers. However, this must be a separate entry from the
main loading dock. A refrigerated trash room is required.
Storage Closet - 60 sq fl - This area should be large enough to store supplies such as punch
bowls, cases of liquor, paper goods, L~'ge coffee pots, cases of wine, table cloths, flower vases,
serving platters and other items needed for cocktail receptions and special events not catered by
the Cafe. These items which might already be used regularly in thc Cafe, and conceivably, this
area and those items could be incorporated and stored in the kitchen.
Roof Terrace - located off of Exhibition Gallery on 2nd floor
This is to be located on the terrace of the second level of the addition. No square footage has been
allocal~d to this since it is outside the building proper. Put outlets on the te~ace to accommodate
coffee service and light catering..
4. GA~ - 10,400 sq ft total
10
General Requirements for all gallery spaces
Lightln_% a critical element in the design of the Museum, especially in the galleries, is addressed
in the Appendix of this report. The portion of daylight allowed in the galleries is yet to be
determined. However, because of the combination of heat, humidity and strong light in Florida
it is important the issue of natural light be addressed based on the use of the spaces in the addition,
such as galleries, support, offices, etc.
Walls in all galleries, and for that matter throughout the Museum where works of art are to be
installed, should be surfaced floor to ceiling with 5/8" sheetrock over a 3/4" plywood backing laid
over a metal stud system on 16" centers for strength. (An exception may be made, for historic
purposes, for those walls in the Pancoast Building where plaster was original to the interior.) A
reveal (or toe space) i/2' in depth and 2~ in height should be detailed to run along the base of the
walls for ease in repainting.
should be engineered to accommodate the hanging of heavy works of art when necessary.
A floor loading capacity is required. The figure of 150 pounds per square inch n__oecl_s to be
Seating in the galleries is required. This could be a combination of benches in the galleries, as
well as more comfortable seating in circulation areas, for instance, nearby the elevators.
11
Direct freight elevator access from receiving, holding and staging areas to the galleries is
required.
Exhibition Space - 8,S00 sq ft
Given the nature of the existing co~ection, gallery spaces should be designed in an elegant, simple
and flexible manner. Spaces for the Old Master collection m~y require some detailing.
Consideration might be given to designing a succession of galleries to house works in the
collection from thc Medieval, Renaissance and Baroque periods.
{3al~ery spaces should be straight forward in design, enabling the Museum to exhibit a wide
variety of objects. DetaiLing in these spaces should be neutral and minimal, and should be
discussed with the Curatorial Department during design development in order to work out floor
t~tments, stanchion systems, placement of instrument panels on walls, etc. Ceiling heights of
15 feet and 25 feet in these spaces should be adequate for the permanent collection and changing
exhibitions, but still need to be conftrmed. Floors should be made of a durable, non-carpeted
material and they should contain electrical outlets.
The majority of the collection (number of objects) consists of works on paper (drawings, graphics,
photographs, etc.) which must be exhibited on a rotating basis. While these works have few
requirements for their physical installation, lower light levels between 6-8 foot candles must be
observed, and a lower ceiling for more intimate viewing of these objects would be desirable. An
adjustable scrim (fabric) ceiling such as those used in the East Wing of the National Gallery of
12
Art, Washington should be considered for these spaces to make them more flexible and
accommodating to intimate works (unless the existing second floor gallery spaces in the Pancoast
Building are assigned for this purpose).
As the collection grows and donations of period works of art are received, galleries can always
be architecturally detailed at a later time, if necessary.
Multi-Purpose Space - 1,700 sq. ft.
This is exhibition space which needs a 20 foot high ceiling to accomodate two large Belgian
The space should be able to accommodate seating for up to 200 chairs for programs. This space
is to be within the paid zone. A built in overhead screen is required. After hours access will be
~Lrough the Museum and not from a separate entry.
Since this space may be used for educational programs such as lectures and performances, as well
as for large meetings, a storage area should be located nearby to accommodate 200 chairs, tables,
lectures, and audio visual equipment.
5. ADMINISTRATIVE OFFICES FOR ALL DEPARTMb':NTS - 3,950 sq fl total
13
Offices for Administration, Curatorial, Development, Education, and Conference Room should
be located in the same area of the Museum.
Each senior staff member requires a private office consisting of approximately 100 sq ft. Every
desk in the administrative area, including the Confe~ea~ce Room/Library, should be prepared/wired
as a computer station and for all other communications systems (telephone, etc.). Wherever
possible, offices should have windows with exterior views in order for the staff to have some
access to natural light and a relationship to the outdoor environment.
Reception ~nd Secretarial Area - 300 sq fl - This should be locat_ed_ at the entry to the offices,
with enough space for a receptionist/secretarial station, along with comfortable seating for visitors
who have appointments with staff.
Service Area - 350 sq ft - This area should be large enough for photocopiers, a facsimile
machine, pos~e meter, office supplies, storage for files, documents, promotional materials and
slides, and should be centrally located for use by all departments.
l:.mployee Lounge - 200 sq fl - This should be located within the administrative area, with a
coffee station style kitchen area. It should be equipped with a refrigerator, microwave, cabinets
for storage, a sink, tables and comfortable seating.
Employee restrooms should be included in the Administrative office area.
14
Administration - ?50 sq. ft. - Offices will be required for the Director, Assistant Director,
Business Manager, and Bookkeeper. The Director's office is a suite requiring 350 sq f~ and is to
include space for an Adminiswative Secreta~, a small conference area and a restroom.
Curatorial Department - ?50 sq ft - Offices will be required for the Chief Curator, Curator of
Collections, Curator of Exhibitions, Registrar.
Developme~ Department - 750 sq ft - Offices will be required for the Director of Development,
the Membership Officer, and the Public Information Officer, Assistant Development Officer, and
Space is required in the form of a small conference room with a table capable of seating up to 10
people for small meetings, presentations and frequent high-volume mailings involving staff and
volunteers.
~_,ducation Department - 200 sq ft - Offices will be required for the Curator of Education, and
the Education Coordinator.
15
Conference Room/Board Room/]Vluse-m Library - SS0 sq ft
A conference room/board room doubling as tbe Librm3, must be large enough to accommodate
meetings of approximately 30 people (the combined Boards of the Museum, docents and teacher
groups, etc.), and should be lecated in the administrative office area. It should be equipped with
large t~hles for meetings, reading, research projects, and shelf space to allow for the expansion
of the collection of-books and video tapes up to 5,000 volumes. It should be adjacent to
Education Department.
Museum Archives - 100 sq ft - A room should be included for the storage of all old business
files, grant and financial files, museum shop files, development files, security files, etc. and older
working files which must be maintained for specified periods of time.
6. ART DELIVERY AND HANDLING AREA - 2,500 SCl ft total
Ceil;n_* heights need to be com"'u~ed ia these areas.
Shipping and Receiving, crate storage area - 1,500 sq ft - This should include holding areas,
and packing and uncrating areas. This stmce should include a loading dock and galleries (provided
by freight elevator)
Receiving Dock - The dock area needs to accommodate to accommodate a large semi-tractor
trailer, and smaller vans whose approach would be with a longer ramp. An overhead door
16
equipped with security devices will be required. The dock n-~,.c, ds to be equipped with a lift on the
deck.
While the semi-truck will not need to come inside the building, a covered area should be provided
in the form of an overhang on. It should come out from the building above the overhead door to
enclose the delivery end of the truck so that crates can be protected and moved directly into the
acclimatized dock area.
The dock area should have enough room for the storage of platform trucks, palette jacks, hand
trucks and other appropriate equipment. A staff entry will be. provided in this location.
Monitoring the physical movement of works of art in and out of the building can be accomplished
by guards in the security control ronm in the loading dock area.
The dock area will be on the northern most end of the addition for the most direct access to 22nd
Street.
Fr~mlng, staging area - 1,000 sq. ft. room
It is necessary to have a large, secure work and art holding area adjacent to both shipping and
receiving and permanent collection storage where work such ~ preparation, matting, and framing
~ be performed.
Additionally, this room would also serve the needs of outside conservators perfo,,iing work on
17
la~e objects that would be too difficult to move to offsite labs. Cabinets to store supplies, large
work tables with locking casters, and be well lit with a color balanced UV florescent system.
It should be large enough to accommodate framing equipment, a glass cutter, mat cutter, tables
for assembly and racks for the storage of matboard and other tools and equipment.
7. ART STORAGE - 2,000 sq. ft.
The ceiling, height and floor loading capaci.ties in these a _re~__s still need to be confirmed.
Careful attention should be paid to make certain that pipes carrying water are not routed
through permanent collection storage.
Ideally, this should be adjacent to loading dock and freight elevator, providing ac~ss to
F_.xhibition and the galleries. (It is anticipated that more art storage will be added in the next phase
of construction, as required by the growth and types of objects added to the collection.) It should
include space for the permanent collection of paintings (roiling racks), sculpture (shelves), works
on paper (metal flat fries), and storage areas for the Museum's own traveling exhibitions and
crates.
The Assistant Regis~ar should have an office located in pe~'~anent collection storage. Collection
management will continue to be maintained by computer.
18
A viewing area should be set aside for scholars and visitors requesting to see particular works of
art not on view.
8. MAINTENANCE OFFICE AND SHOP SERVICES - 600 sq ft total
This office should be located near the loading dock area and adjacent to the freight elevator. The
shop areas are for the fabrication of exhibition materiais, casework, lighting system fixture
storage, secured paint closet, and a spray booth, and should be separated from the clean
conservation area. This area should be large enough to house table saws, jig saws and assembly
areas. It should have good ventilation and a dust collection system. This area should have a
shower, restroom and sir~k~.
9. OPERATIONS AND SECURITY - 100 sq fl total
An operations and security control ro~m should be located near the main entrance. The details
of the security systems are to be deteicc~ined. The services of a Security consulting fu'm should
be utilized during the planning process, but are not pa~ of the architectural contract. The
Museum will require some type of video surveillance monitoring system.
10. lVlWCHANICAL SERVICES
A mechanical plant probably will be established outside the perimeter of the Museum. The
interior control room for these systems should not be located near the galleries or other public
spaces.
19
HVAC - A full climate control system (humidity, filtration and computer control) is required in
the galleries and art storage areas. Ali ductwork must be wrapped at the joints with an approved
material to insure the system is waterproof.
Security and F'tre Supp _re-sion Systems - These systems should be designed, engineered and
installed by the appropriate consultants and manufacturers under recommendation from museum
consultant. A decision about which system to use for fire suppression, wet pipe or dry pipe pre-
action, is yet to be made.
Pl~mbing - Existing problems in the Pancoast Building must be corrected. Low water pressure
and leaking sewer pipes must be investigated to determine infrastructure improvements necessary
to provide adequate water to both the old and new building.
Generator - Space will have to be provided at the new power plant site for this equipment. An
emergency generator is required to power life-safety and security systems in the event of power
failures. It will require a fuel storage tank.
11. ~LF~VATOR
20
Dim,~n~iom for the largest object and for passageways need to be determined and provided.
Specifications should be obtained for both passenger and freight elevators for the addition. The
latter is large enough to accommodate oversize crates and works of art, and with an adjustable
ceiling or removable top.
12. SUPPORT SERVICES
Spacious Public restrooms are required adjacent to the free zone in the new addiction.
Restrooms in the Pancoast Building should be renovated and upgraded as required.
Janitorial closets should be located near public and staff restrooms and be equipped with mop
basins and modest storage for restroom supplies.
13. MUSEUM GROUNDS - COLLINS PARK
~mres for Collins Park are not part of this program. A commitment to maintaining Collins
Park should be made by the City if an expanded Bass Museum of Art is to be a centerpiece for
the City of Miami Beach.
22
by Louis Kahn), the Mu__~um of Contemporary An, Los Angeles (designed by Amta IsoT~lci), the
North Carolina Museum of An (designed by FAward Dui/ell Stone Associates), and The Freer
Gallery of An renovation, Washington, D. C., among other museums around the counlry.
Edison Price is considered to be the finest system in existence, is priced competitively with
~ of l~r q~mlity, is warranted against defects, and provides the widest variety of lighting
fixtures for virtually any ncx. d imaginable. The company is noted for its ability to design and
fabricate fixtures for special applications.
MECHANICAL sERvIc{rg
A Johnson Controls System or equal should be considered and included as part of the consiruction
contract. This should be considered bY the engineers.
blUSEUM HOURS
The Museum is open Tuesdays through Saturdays from 10 am until 5pm, and Sundays from I
until 5pm. It is open the second and fourth Wednesdays of each month from 1 until 9 pm.
Drafted by AZA 6/21/94; Revisions AZA 8/10/94; 9/16/94; 9/27/94; 1/5/95.
BASS MUSEUM OF ART EXPANSION AND RENOVATION
Space Allocation S!'mmsry ' Phase One
37,900 gross square feet - 25,266 net square feet
Item
Public Ar~__/Free Zone
Reception/Lobby
Video Lib/Orientation
Vestibules
Information Desks
Coat Check
Mmenm Shop/Bookstore
Shop
Storage
Cafe and Kitchen
Storage closet
Galleries
Exhibition space
Special Exh/Multi-Purpose
Storage area
Administrative Offices
Reception/Waiting/Secretarial
Sq. Ft.
3,300
2,500
200
?
?
150
1,500
1,200
3OO
1,000
(6O)
10,400
8,500
1,700
200
3,950
3O0
Cost
Service Area
~mployee Lounge
Administration
Cu~_!_~ial
DeVelopment
Education
Conference/Board/L~brm7
Archives
Staff Toilets (from gross sq
A~ Deliver7 nnd Handling
Shipping and Receiving
Framing, s~ing area
Art Storage
b~intenance Office and Shop Services
Operatiom and Security
35O
200
750
75O
75O
2OO
550
100
.2,500
1,500
1,000
2,000
600
100
~'otal Net Squar~ Feet Tht~ Report -
(For Flmse One Construction Only)
25,350 (over by 84 sq. fl.)
! ~2f~-19~5 17:~2 C.M.B. [~ICE OF GSA 385 ~7-~ 7649
BASS MUSEUM
PROPOSED sCHEDULE
Architect's comract approved - Authorized to proceed
. ' Schematic desi8n submitted
Schematic design reviewed and comments sent to Architect
. Desisn Development documerrls submitted
o Desisn Development documems review~J and
comments sent to Architect
. Construct[on Documents submitted
.. Construction Document review~ and comments sent to Architect
. Comments incoq)orated, ready for bid
. Advertisement and biddin~
. Review bids and recommend award
_ Commission award - Notice to Proceed
. Construction period
_ ConsmJc0On closeout
Furniture, fumishir~s, equipm~tt - Occupancy
4 months
2 months
4 months
I mon~
4 months
1 monlh
lmon~
2 months
1/2 mordl
I month
18 months
2 months
TO'TAL 42 1/2 rnond',s
Exhibit H