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HomeMy WebLinkAboutR-1994-061A RESOLUTION OF THE CITY OF DANIA' FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA AND JEFFERY GROSS/ASSOCIATES/ ARCHITECTS, P.A., RELATING TO REMODELING OF THE CITY OF DANIA ADMINISTRATION CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. BEITRESoLVEDBYTHEclwcoMMISSIoNoFTHEoITYoFDANIA' FLORIDA: Section 1. That the Agreement Between City of Dania and Jeffery Gross/Associates/Architects, P.A., relating to remodeling of the City of Dania Administration center, a copy of which is attached hereto as Exhibit 'A',, be and the sameisherebyapprovedandtheappropriatecityofficialsareherebyauthorizedto execute same. Section2.Thatallresolutionsorpartsofresolutionsinconflictherewithbeand the same are hereby repealed to the extent of such conflict' Section3.Thatthisresolutionshallbeinforceandtakeeffectimmediatelyupon its passage and adoPtion. PASS ED and ADoPTED on this 12 day of Apri I ' ',1994' May Commissioner ATTEST: ////'-"- City Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS By: Frank C. Adler, CitY AttorneY RESOLUTION NO. 61-94 ACREEMENT BETWEEN OWNER ANO ARCHITECT AGREEMENT made of the _ day of BETWEEN the Owner: in the year of Nineteen Hundred and Ninety-four City of Dania 100 West Beach Boulevard Dania FL 33004 and the Arch itect: Jeffery Gross / Associates / Architects, P.A. 'I 816 Sherman Street Hollywood, Florida 33020 for the following Prolect: An existing conditions study, schematic design docurnent and a staternent of probable cost for a proposed conference room at the existing city of Dania City Hall site consistinS of approximately 1,200 square feei. enclosing the existing garden area adiacent to the employee's lounge the Owner and the Architect agree as set forth below. ARTICLE I ARCHITECT'S sERVICES AND REsPONSIBILITIES The Architect's Basic Services are as described below and in Article 10. l.r SERVICES I .I . l Existing Conditions Study-This phase of the work would include a visual on sile investigation of the existing conditions at the area designated for the proposed conference room. A review of the original design docunrnts would be perfornred to determine the load bearing conditions of existing walls, and electrical and rnechanical tie in points. I .l .2 Schenutic Design Docunrnt-A rneeting would be held for written program developrnent and review of a schematic design. One single line space plan docurnent dernonstrating room relationships would be prepared for the Ownes approval and one revision would be made to this docurrEnt. Any additional changes would be considered an additional service. 1 .1.3 Staternent of Probable Cost-This phase of the work would include developrnent of a staternent of probable cost from published industry sources, to be used for budgeting purposes. 1.2 AODITIONALsERVICES 1.2.'l Additional Services shall be provided if authorized or confirnred in writing by the Owner or if included in Article 10, and they shall be paid for by the Owner as provided in the Agreernent. I.3 TIME'1.3.I The Architect shall perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. ARTICLE 2 THE OWNER'S REs PONSIB ILITIES The following services and responsibilities, and any others so indicated in Article 10, shall be underlaken by the Owner PROBABLE COsT ARTICLE 4 PAYMENTS TO THE ^RCHITECT Page number 2 of 4 2.1 The_Owner.shall provide full informalion, including developing a program as per l.l, which shall set forth theOwner's design objectives, const.aints and criteria.2.2 The Owner shall furnish a legal description and a certified land survey of the site and the services of soil engineers orother consultants when such services are deemed necessary by the Architeci.2.3 The Owner shall furnish chemical and other laboratory tests/ inspections and reports as required by law or theArchitect.2.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at the lirrE forthe Project.2.5 The services, information, surveys and reports required by Paragraphs 2.2 through 2.4 inclusive shall be furnished atthe Owner's expense, and the Architect shall be entitled to rely upon the accuracy ana completeness thereof.2.6 The Owner shall furnish required information and shall render approvals and decisioni as expeditiously as necessaryfor the orderly progress of the Architect's services and of the Work. ARTICLE 3 3.I DEFINITION 3.1 . l The Probable Cost shall be the total cost or estimated cost to the Owner of all elernents of the Project designed by the Architect. 3.1.2 The Probable Cost shall include al.curent market raies, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the Owner and any equipnrent which has been designed, specified, sellcted'orspecially provided for by the Architect. 3.1.3 Probable Cost does not include the compensation of the Architect and the Architect's consultants, the cost of theland, rights-of-way, or other cost5 which are the responsibility of the Owner as provided in Article 2. 3.2 RESPONSIBILITY FOR PROBABLE CO5T 3.2.'l - lt is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equiprnent, over the Contractorrs methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, bids or negotiated prices shall not be considered the responsibility of the Architect. 3.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreernent by the furnishing, proposal or establishrnent of a Proiect budget. 4.1 An initial payrnent as set forth in Paragraph 9. I is the minimum paynEnt under this Agreernent.4.2 Subsequent payrnents for Basic Services shall be made nnnthly and shall be in proportion to services perforrned within each Phase.4.3 Reimbursable Expenses include actual expenditures made by the Architect in the interest of the Project for:.l expense of transportation and living expenses in connection with out-of-town travel, authorized by the Owner, .2 lonB distance communications, .3 fees paid for securing approval of authorities having lurisdiction over the Project, .4 reproductions, .5 postage and handling of Drawings and Specifications, .5 renderings and rnodels requested by the Owner, .7 expense of overtirne work requiring higher than regular rates, if authorized by the Owner, ,.8 expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner.4.5 Payrnents on account oi the Architect's Additional Services and for Reimbursable Expenses as defined in Paragraph 4.4 shall be made rnonthly upon presentation of the Architect's staternent of services rendered or expenses incurred.4.6 lf the Project is suspended or abandoned in whole or in part for rnore than three nronths, the Architect shall be compensated for all services perforrned prior to receipt of written notice from the Owner of such suspension or abandonnrnt, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 7.4. lf the Project is resumed after being suspended for nnre than lhree rnonths, the Architect's compensalion shall be equitably adiusted. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1. Drawings.and Specifications as instrurnents of service are and shall remain the property of rhe Architect whether theProject for which they are made is executed or not.5.2 Submission or distribution to meet of{icial-regu latory requirernents or for other purposes in connection with theProject is not to be conslrued as publication in derogation of the Architect's rights. ARTICLE 5 ARBITRATION 6.1 - All claims, disputes and -other.matters. in que.tion_ between the parties to this Agreernent, arising outofor relaring tothis.Atreernent or the breach thereof, shall be.decided by arbitration in accordance iltfi tt " ConrtrrJtion tnausi.y- "''- Arbitration Rules of the Arnerican Arbitration Association then obtaining unless the p"rties mriuatty agree otherwise. Noarbitration, arising out of or relating to this Agreernent, _shall include, b! consolidattn, ;"ina"i.i in any other 116nner, anvadditional,pe6on n:t 3.P"rty.!o this Agreernent except by writlen consent containing a specific referencl i" tf,l, aei.;;"ialq-slSned by the Archrtect, the owner, and any other person sought to be joined. Any consent to arbitration inv6lvinp "nadditional person or persons shall not constitute consent to arbitration of any dispute not described therein. This 18:::-1.1_, " arbitrate, and any.agreernent to arbitrate with an additional person or persons duly consented to by the partiesto this Agreernent shall be specifically enforceable under the prevailing aibitration liw.6.2 ln no event shall the demand for arbitration be made after the dite when institution of legal or eouitable oroceedinesbased on such claim, dispute or other matter in question would be barred by the appttlable rt.ili;4il;itri;n!.-"--"'t'e f.. Tjr3 award rendered by the arbitrators shall be final, and judgnrent miy be eniered upon it in accordance withapprcaore taw tn any coun havtng ruflsdiction thereot. ARTICLE 7 TERMINATION OF ACREEMENT 7.1 This.Agreenrcnt may be terminated by either party upon seven days' written notice should the other party failsubstantially to perform in accordance w.ith its terms through no fault ol the party initialing the termination. 7 .2 This Agreernent may be terminated by the Owner uptn at least s.r.n d"yi' written iotice to the Architect in theevent that the Proiect is permanently abandoned.7.3 ln the event of iermination not the fault of the Architect, the Architect shall be compensated for all servicesperforrned to termination date/ together with Reimbursable Expenses then due. ARTICLE 8 MISCELLANEOUS PROVIsIONS 8.1 This Agreernent shall be governed by the law of the 5tate of Florida.8.2 As between the parties to this Agreeirrcnt: as to all acts or failures to act by either DarW to this ApreerEnt- anvapplicable statute of limitations shall comrnence to run and any alleged cause oi action ihali be d".'#; ;; h;i. i'..ru"ain any and all events not later than the relevant Date of Substantial -ompletion of the Work, and as to any acts or failuresto act occurring after the relevant Date of Substantial Completion, not laier than the date of issuance of thl final Certificiiefor Paynrent.8.3 The Owner and the Architect, respectively, bind.themselves, their partners, successo$, assigns and legalrepresentatives to the other party to this Agreernent and to the partners, successors, assitns and le[al represe-ntatives ofsuch Party with respect to all covenants of this Agreernent. Neither the Owner nor the Architect ihall assign, subler ortransfer any interest in this Agreernent without the written consent of the other.8-4 .This A8reernent rePresents the entire and integrated agreernent between the Owner and the Architect and supersedesall-prior- neSotiations, repre5entaliors or agreernents, either written or oral. This Agreernent may be arnended o"ty'Uy --- written instrurnent signed by both Owner and Architect. ARTICLE 9 BASIS OF COMPENsATION The. Owner shall compensate the Architect for the Services provided, in accordance with Anicle 4, payments to theArchitect, and the other Terms and Conditions of this Agreement, as follows: 9.1 AN INITIAT PAYMENT OF Page number 3 of 4 Eight Hund_red & 0o/l oo DOLLARS ($8oo.oo) shall be made upon execution of this Agreernent and credited to the finalpayrrtent of the Ownerrs account.9.2 BASIC COMPENSATION 9.2.1 FOR BASIC SERVICES, as described in Paragraphs l.l or identified as such in Article 10, Basic Compensation shallbe a stipulated sum of oNE THOUSAND F|VE HUNORED THtRry & 00/100 DOILARs ($t,soo.oo). 9.2.2 Payrnents for Basic Services shall be made as provided in Subparagraph 4.2.9.3 FOR ADDITIONAL SERVICES provided under Paragraph 1.5 or identified as such in Article 10, compensation shall be computed as follows: All staff rnembers tirne at the fixed rate Seventy & OO/100 dollan per hour ($70.Oo/hour) 9.4 . Payrnents due the_Architect and-unpaid_ under this Agreernent shall bear interest from the date paynnnt is due at the legal rate prevailing at the principal place of business of the Architect.9.5 The Owner and the Architect agree in accordance with the Terrm and Conditions of this Agreernent that:9.5.1 IF.THE SCOPE of the Proiect or of the Architect's Services is changed materially, the arnounts of compensation shall be equitably adjusted. 9.5.2 lF fHE SERVICES covered by this Agreernent have not been completed within six (6) nronths of the date hereof, through.no fault of the Architect, the arnounts of compensation, rates and multiples set forth herein shall be equitably adiusted. ART|CLI r 0 OTHER CONDITIONS OR sERVICE5 l0.l The Architect will provide two complete sets of docurnents to the Owner.10.2 Cost of Reproductions requested by the owner shall be reimbursed to the Architect at the following rates: Whiteprints (24"x36 Copies (8.5"xI 1 "/14 $l .50 per sheet $0.50 per copy ')@')@ This Agreenrent entered into as of the day and year first written above OWNER ARCHITECT Mayor leffery Gross / Associates / Architects PA City Manager Auditor/Clerk 4-.,-4 c. City Attorney Approved as to form and correctness 940O9Ol2C.doc Page number 4 of4