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HomeMy WebLinkAboutR-2004-037-CDGB 29th Year with Mcharry associates RESOLUTION NO. 2004-037 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 29TH YEAR ARCHITECTURAL AND DESIGN SERVICES FOR THE NORTHWEST COMMUNITY OUTREACH CENTER WITH MCHARRY ASSOCIATES IN THE AMOUNT OF$75,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for an architectural and design service for the Northwest Community Outreach Center Project funded with Community Development Block Grant 29th Year funds; and WHEREAS, City staff conducted a "request for proposals" process which included advertisement, submittal of proposals, review of qualifications of proposers, and formal evaluation by a selection committee, which committee has recommended to the City Commission that such services can be provided at the best service by contracting with McHarry Associates, in the amount of$75,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal in the total sum of$75,000.00 submitted by McHarry Associates for the Architectural and Design services for the CDBG 29th Year Northwest Community Outreach Center project, described in the attached Exhibit"A", is approved and the proper City officials are authorized to enter into a contract to obtain such services. Section 2. That upon execution of the contract with McHarry Associates, the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. 1 RESOLUTION NO. 2004- 037 Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 24, 200 . OB A ON MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES COMMISSIONER MIKES - YES MIRIAM NASSER VICE-MAYOR MCELYEA- YES ACTING CITY CLERK MAYOR ANTON - YES APPROVED AS TO FOR AND CORRECTNESS: BY: . THOMAS J. AN'SBkO CITY ATTORNEY 2 RESOLUTION NO. 2004- 037 CITY-ARCHITECT SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement") dated fi'lq , 2004, between the CITY OF DANIA BEACH, FLORIDA (the "City") and M.CAND ASSOCIATES, a Florida corporation (the "Architect") by which Architect agrees to perform architectural services in connection with the proposed construction for the City of a community outreach center building and related improvements (the "Project") on real property located in Broward County, Florida, which property is located at 56 NW 8`h Avenue, Dania Beach, Florida. In consideration of the mutual covenants and conditions contained in this Agreement and for other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Definitions. The following terms shall have the following meanings: a) "Agreement": The contract, represented by this writing, between City and Architect. b) "Architect": M. C. HARRY AND ASSOCIATES, a Florida corporation authorized to do business in the State of Florida, which is the Architect selected by the City to perform the services specified by this Agreement. c) "Architect's Field Representative(s)": One or more persons retained by the -10 Architect to perform field representation services, if any. d) "Requisition for Payment": A statement approved in writing by Architect, based on observations at the site and upon review of a request for payment submitted by the Contractor, that by its issuance recommends that City pay identified amounts to the Contractor for services performed by the Contractor in connection with the Project work. e) "Change Order": An order submitted in writing by the Architect to the City recommending a modification to the then-existing Construction Documents, including "no-cost" changes, subject to the written approval of the City before it becomes effective. f) "City": The City of Dania Beach, Florida, a municipal corporation of the state of Florida. Whenever the "City" is referred to in this Agreement, it shall mean the City Manager, if notice is an issue. g) "Commission": The City Commission of the City of Dania Beach, Florida, which is the governing body of the City. Page 1 of 23 h) "Construction Cost": The total construction cost to City of all elements of the Project designed or specified by the Architect. i) "Construction Documents": Those working drawings, specifications and the project manual prepared by Architect setting forth in detail and prescribing the work to be done, as well as the materials, workmanship and other requirements for construction of the Project, including the construction agreement and any bidding information. j) "Contract Administrator": The Building Official of the City of Dania Beach, or designee. In the administration of this Agreement, as contrasted with matters of policy, the Architect may rely upon instructions or determinations made by the Contract Administrator. k) "Contractor": One or more individuals, firms, corporations or other entities identified as such by a written agreement with City ("Construction Agreement") to perform the construction services required to complete the Project. 1) "Design Development Documents": The documents prepared by the Architect consisting of drawings and other documents to fix and describe the size and character of the Project, including architectural, structural, mechanical and electrical systems, materials, lighting equipment, landscape design and other essentials as may be appropriate. • m) "Final Completion Certification": The issuance by Architect for the final Requisition for Payment to the Contractor based upon Architect's final inspections of the Project, demonstrating that the work complies with all of the requirements of the Construction Documents and that permanent Certificates of Occupancy for the Project and related improvements, have been issued for the Project by the City Building Official. n) "Notice to Proceed": A written Notice to Proceed upon a specified activity, issued by the Contract Administrator to Architect. o) "Plans and Specifications": The documents setting forth the plans and drawings of the Project, the Design Development Documents and Construction Documents, all as approved by City as provided in this Agreement. p) "Probable Project Construction Cost": The Architect's written estimate, at the time a designated phase of the planning process has been completed, of the cost of constructing the Project according to plans and specifications prepared by or under the direction of the Architect. • Page 2 of 23 q) "Program": The written description of the Project prepared by the City, which • also outlines the purpose for which the Project is intended to be used by the City after its final completion, a copy of which description is attached, marked as Exhibit "A" and incorporated into this Agreement by this reference. r) "Project": The construction of the community outreach center building and related improvements, including planning, architectural, engineering and contract administration services. s) "Schedule of Values": A statement furnished by the Contractor to the Architect reflecting the portions of the contract sum allotted for the various parts of the work and used as the basis for reviewing the Contractor's applications for progress payments. t) "Schematic Design Documents": Documents to be prepared by the Architect which shall consist of drawings and other documents illustrating the proposed scale of the components of the Project and the relationship of various components to one another. u) "Substantial Completion": The point in the progress of the work when the work is sufficiently complete in accordance with the terms of the Construction Documents, exclusive of final finish work, punchlist items and approvals of • outside agencies, as such point is determined by the Architect, with the written concurrence of the Contract Administrator. v) "Work Directive Change": A written order effecting a minor change in the work not involving an adjustment in the contract sum or an extension of the contract time, issued by the Architect to the Contractor during the construction phase. 2. Basic Services of Architect. a) The Architect shall provide all architectural and normal engineering services required. The Architect shall employ at its own cost and expense such technicians and design professionals, including mechanical engineers, electrical engineers and structural engineers, as may be required to enable the Architect to properly design and administer the construction phase of the various elements required to be included in the Project. All such technicians and professionals (the "Consultants") so employed by the Architect shall be duly licensed in their respective fields of specialization by the state of Florida and, before employment by the Architect, the Architect shall deliver to the Contract Administrator the names and credentials of such Consultants. Nothing contained in this section shall create a contractual relationship of any kind between the City and any Consultants so employed by the Architect. Page 3 of 23 b) The Architect shall consult with the City to ascertain the Program and other • requirements for the Project, and prepare and submit for the City's approval the following: c) Program Verification and Schematic Design. 1) Program Verification: The Architect will meet with the City to review the initial Program prepared by the City and will assist with the establishment of the specific program requirements for the site. The program verification document shall define the specific needs for the facility (room and space analysis), square footage of each space, and shall include a pre-design construction cost estimate (construction budget). 2) Schematic Design. The Architect shall prepare conceptual schematic drawings (plans, elevations and sections) sufficient to convey the architectural design of the Project to the City; further, such Design shall contain an outline of specifications in sufficient detail to indicate the general description of the Project, the type of structure, the kinds and quality of materials, and mechanical and electrical systems to be installed in the Project. 3) A minimum of two (2) `public forum' meetings with City residents, • shall be held at the residents' convenience, must be scheduled by the Architect and coordinated with City staff to solicit residents' comments. d) Design Development. Upon the City's approval of the Schematic Design Documents prepared by the Architect, the Architect shall prepare and submit for the City's approval Design Development Documents consisting of drawings showing the site and floor plans, elevations, cross-sections and other appropriate features of the Project; further, such latter Documents shall include outline specifications fixing the size, character and quality of the Project, the essentials of the materials to be used in the Project, the essential features of its mechanical and electrical systems and other appropriate features; value engineering recommendations and a Statement of Probable Construction Cost, entitled "Probable Construction Cost - Design Development Phase", in sufficient detail to indicate the cost of major categories of the work involved in constructing the Project. e) Construction Document Phase. On receipt of written Notice to Proceed from the Contract Administrator for the preparation of Construction Documents, the Architect shall prepare the construction documents based upon the approved Page 4 of 23 Design Development Documents and submit them to the Contract Administrator for City review and approval: 1) Plans and Specifications. Working drawings and specifications describing and setting forth in detail the work to be done in constructing the Project, the materials, workmanship, finishes and equipment required to complete the architectural, structural, mechanical and electrical design for the Project. 2) Design Cost Adjustments. Written notice entitled "Statement of Probable Construction Costs" of any indicated adjustments in the "Probable Construction Cost - Design Development Phase" arising from more detailed development of the design of the Project or from approved changes in the scope or requirements for the Project. 3) Approval of Governmental Agencies (permitting). The Architect shall at all times assist the City in gaining approval of governmental or other agencies required to approve the Project and shall prepare all documents, studies, plans, drawings, specifications and other instruments as required by such agencies to be prepared. f) Bidding. NOTE: This service is NOT included in BASIC services, and therefore the fee shall be authorized as an Additional Service. After the City's approval of the working drawings and specifications for the Project, the Architect shall assist the City, if requested, in obtaining bids and awarding a general contract for the construction of the Project. 1) Duties of Architect Regarding the Bidding Process: If called upon by City, the Architect will assist the City, including the City's attorneys, in drafting bidding documents, to include an advertisement for bids, the bid form, instructions to bidders and proposed contract documents to be executed by the City and the selected Contractor. 2) Architect will assist the City in identifying a group of qualified, responsible general building contractors to bid on the Project. 3) Architect will issue plans and specifications for the Project to prospective bidders on the Project upon payment by each bidder of the cost indicated, if any, in the Instructions to Bidders. 4) Architect will issue addenda bulletins explaining or detailing the provisions of the plans and specifications for the Project to bidders if questions arise. Page 5 of 23 5) Architect will consult with and advise the City on bids submitted by • contractors for the construction of the Project including affirmative advice as to which bidder submitted the correct, lowest, most responsive, responsible and bona fide bid. 6) Should the lowest responsive, responsible and bona fide bid submitted by a licensed and qualified general building contractor for the construction of the Project exceed by more than ten percent (10%) the total estimated construction cost of the Project stated on the Probable Project Construction Cost, the Architect shall, on written request of the City and without cost to the City, revise the plans and specifications for the Project in such a manner as to bring the total actual cost of constructing the Project, within the amount specified. Pursuant to this clause, the City will work and cooperate with the Architect during the design phase and again after bids are received as required to reduce the scope of the Project, to enable the Architect to achieve a design with a construction cost within the City's allocated budget for the Project. However, the Architect shall be under no duty to so revise the plans and specifications unless the City shall have rejected all bids and announced its decision to re-solicit bids for the construction of the Project within thirty (30) days from the date of rejection of such bids. g) Contract Administration by Architect. NOTE: This service is NOT included in BASIC services, and therefore the services shall be authorized, if desired by the City as an Additional Service. After the award by the City of a Construction Agreement for the construction of the Project, the Architect shall exercise contract administration over the actual construction of the Project, if authorized by the City. The services shall include the following: 1) Provide technical direction to the Contract Administrator or designee who shall be employed by and be responsible to the City. 2) Arrange, conduct and document a preconstruction conference. 3) Provide coordination of design disciplines during construction. 4) Review and approve (or take other appropriate action in respect of) shop drawings submitted by the Contractor. Such action shall be taken with reasonable promptness, not exceeding fifteen (15) working days, after Architect's receipt of such drawings. 5) Make periodic visits to the site at intervals appropriate to the stage of construction at such times that active, ongoing construction work is underway, at least two (2) times per month or on an as-needed basis as Page 6 of 23 directed by the Contract Administrator, to observe the general quality and progress of the work and to report to the Contract Administrator on the progress of the work and whether the work is proceeding in accordance with the Construction Documents. 6) During such visits and upon the basis of such observations, Architect may disapprove of or reject and notify the Contract Administrator of Contractor's work while it is in progress if Architect believes that such work will not produce a completed Project that conforms generally to the Construction Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Construction Documents. The Architect shall have the duty to give prompt written notification to the Contract Administrator of any failure or deficiency of the Contractor of which the Architect may be aware, and shall forward copies of all correspondence, documentation and Project reports relating to the construction process to the Contract Administrator. 7) Architect shall issue any necessary interpretations and clarifications of the Construction Documents and, in connection with them, prepare Work Directive Changes and Change Orders. Any Change Order which increases the City's cost, extends any time for performance or both must be approved in advance in writing by Contract Administrator • as prescribed in subparagraph 2(g)(16), below. Architect shall, upon request of Contract Administrator, provide detailed written explanations of changes required and causes for them to the Contract Administrator and the Building Division of City. No payment for additional services shall be paid to Architect for preparation of Change Orders or changes to drawings or other Construction Documents which are in any way a correction or clarification of work done by the Architect or the result of incomplete work required of the Architect. 8) Architect shall evaluate and make recommendations to the City concerning the acceptability of substitute materials and equipment proposed by the Contractor. 9) If the approval of the Contract Administrator is requested by Architect for any plan, drawing, specification, design, cost measure or any other Project item, and such proposal, suggestion or recommendation requires the City's selection, choice or acceptance, then the approval of any or all of the foregoing shall not be deemed to be an acceptance of or responsibility for an incorrect, inaccurate, mistaken or defective item, nor shall it be construed to relieve Architect from liability or Page 7 of 23 responsibility to properly perform the duties and responsibilities of Architect as set forth in this Agreement. 10)Architect shall receive and review all certifications, testing inspections or other approvals required by laws, regulations, codes, orders or the Construction Documents and advise the Contract Administrator of any results that do not indicate compliance with the Construction Documents or applicable laws, codes or similar requirements. 11)Based on Architect's on-site observations as an experienced and qualified design professional, and on information provided by the Contract Administrator, and on review of Contractor's application for payment and accompanying data and schedules from the Contractor, Architect shall determine the amounts owing to the Contractor and recommend in writing on Requisitions for Payment, payments to the Contractor in such amounts as provided in the Construction Documents. Such Requisitions for Payment will constitute a representation to the City that, based on the Architect's observations and reviews, the work has progressed to a point consistent with the recommended payment, and that to the best of the Architect's knowledge, information and belief, that the quality of the work is in accordance with the Construction Documents (subject to an evaluation of such work as a functioning whole prior to or upon its Substantial Completion, the results of any subsequent tests called for in the Construction Documents, and any other qualifications explicitly stated in the certification), and that Contractor is entitled to payment in accordance with the Construction Documents, in the amount certified. 12)The Architect shall, based upon visits to the site, determine the date of Substantial Completion and shall prepare a final "punchlist" which shall include all remaining items to be completed or corrected, and shall assist City in identification and a course of action in correction of any deficiencies caused by the Contractor or any subcontractor. Upon written notification that the Contractor has completed all punchlist work, the Architect shall make a final inspection of the Project and establish a Final Completion Date. 13)Architect shall receive and review any maintenance and operating instructions, schedules, guarantees, bonds and certifications of inspection, tests and approvals which are to be assembled by the Contractor in accordance with the Construction Documents and shall transmit them to City with appropriate written comments and recommendations. Page 8 of 23 14)Upon fulfillment of all contractual requirements by the Contractor and delivery of the final Requisition for Payment to the Architect, Architect shall submit to the City an approved final Requisition for Payment. 15)Review and provide to the Contract Administrator the Contractor's final Project closeout data and information to Contract Administrator. 16)Orders Increasing Construction Agreement Price or Time. Notwithstanding any other provision of this Agreement, the Architect shall not issue, without first obtaining the written approval of the Contract Administrator, any Change Order or other order to the Contractor or any subcontractor that will commit the City to pay any amount in excess of the price specified in the construction agreement or that approves an extension of time for the Contractor to complete performance of any work or any part of the work. 17)Record Drawings. At the time of Substantial Completion of the Project, the Architect shall review and transmit to the Contract Administrator the as-built drawings, prepared by the Contractor. Such drawings, including such revisions as may have been made in the course of construction of the Project, shall be capable of reproduction by a direct printing process. Such drawings shall be prominently noted as "Record Drawings". 18)No Guaranty of Construction. The Architect shall use best efforts to secure compliance by the Contractor employed on the Project with the Construction Documents and contractual requirements for the Project but shall not be a guarantor of the performance of the Contractor nor shall Architect be liable for the errors or omissions of the Contractor, or any subcontractors or materialmen employed by Contractor or furnishing materials to the Project. 19)The fact that the City is a municipal corporation and has a Building Department which will conduct plan reviews and construction inspections for general compliance with the Florida Building Code shall not in any way act as an estoppel to, or a waiver of, the City's right to require Architect to exercise reasonable professional care regarding preparation of the design of the Project and Architect's faithful performance of each of the conditions of this Agreement. 3. Schedule of Work. Promptly after execution of this Agreement and after receipt of a Notice to Proceed from the Contract Administrator to proceed with the work, the Architect shall prepare and submit to the City for approval a schedule showing the order in which the Architect proposes to carry on the work, with dates on which the Page 9 of 23 Architect will commence and contemplates completing each phase of such work as detailed in this Agreement. Such schedule shall provide for the completion of all services listed in this Agreement within the times established by this Agreement. The Architect shall revise such schedule at the end of each phase, indicating the percentage of work completed, and immediately deliver two (2) copies of such revised scheduled to the Contract Administrator for approval. a) Program Verification and Schematic Design Documents. The Architect shall complete all work and services relating to Schematic Design Documents within thirty (30) days after Architect's receipt of written Notice from the City that the Program and scope is approved. b) Design Development Phase. The Architect shall complete all work and services relating to the Design Development Documents and submit to the City for approval all documents described in subparagraph 2(d) of this Agreement within ninety (90) days after receipt of written notice from the City of approval of the Schematic Design documents described in subparagraph 1(t) of this Agreement. c) Construction Document Phase. The Architect shall complete all work and services required for preparation of Construction Documents for the Project and submit to the City for approval all documents described in subparagraph 1(i) of this Agreement within ninety (90) days after receipt of written instructions from the City to proceed with preparation of Construction Documents. 4. City's Responsibilities. a) Survey of Building Site. The City, at its own cost and expense, shall furnish the Architect with a complete and accurate signed and sealed survey of the building site on which the Project is to be erected. b) The City shall, at its own cost and expense, furnish all structural, mechanical, chemical and other laboratory tests as may be required by law or the Construction Documents. c) The City shall pay all fees required by any governmental agency, agencies, or bodies for filing and checking any instruments prepared by the Architect, for issuing building permits for the Project or for performing any other acts required for the completion of the Project according to any applicable laws, ordinances or regulations. d) The City shall approve or reject all drawings, documents or instruments within thirty (30) working days after they have been submitted to it for approval. Page 10 of 23 e) Prior to preparation of the Schematic Design Documents, the City shall provide Architect full information in a timely manner regarding requirements for limitations on the Project, which requirements include the specifications appearing in the Program mentioned above in paragraph 1.(q). 5. Payments to Architect. The City shall pay to the Architect in the manner specified in this Agreement as full compensation for all services required to be performed by the Architect an amount, called in this Agreement the "Basic Fee", the amount of Seventy- Five Thousand Dollars ($ 75,000.00). a) Manner of Payment. The City shall pay to the Architect the Basic Fee of $75,000 for Basic Services of Program Verification/Schematic Design; Design Development; and Construction Documents based on invoices which may be presented monthly in proportion to the work completed. Invoices for each phase shall not exceed 95% until the City has accepted the services of that phase. The fee shall not exceed the following for each phase 1) Retainer. none 2) Program Verification and Schematic Design. $21,187.00 3) Design Development Documents. $16,566.00 4) Construction Documents. $37,247.00 6. Additional Services. In addition to the Basic Fee to be paid and the expenses to be reimbursed to the Architect, the City shall pay the Architect, after advance written request for and City approval of any such service sought by City, a mutually agreed upon lump sum or, if applicable, the direct personnel expenses as defined in this Agreement and incurred by the Architect in performing any additional services requested in writing by the City, which services are not a part of the Basic Services to be performed by the Architect. Unless specifically listed below, all services required to be performed or reasonably necessary to accomplish the services identified in this Agreement shall be considered Basic Services. a) The term "additional services requested by the City" as used in this paragraph shall include, but not be limited to: 1) The providing of financial feasibility or other special financial studies of the Project by the Architect. 2) The providing of consultation services, drawings, designs, plans, specifications or other documents for the replacement of any work damaged by fire or damaged by other cause not the fault of the Architect during construction of the Project. Page 11 of 23 3) The providing of additional design services required because of the default of the Contractor or any subcontractor in the performance of the work set forth in the Construction Documents, which default is not attributable to any action or omission to act of Architect. 4) The providing of services in connection with any non-City public hearing, administrative proceeding or proceedings of a court (if not otherwise required to secure the approval of any governmental agency or board having jurisdiction over the construction of the Project); however, notwithstanding the foregoing characterization as additional services, the Architect has the duty to assist the City with any claim, bid protest, administrative proceeding or lawsuit brought against the City that results from or arises out of the Project, but shall be compensated as set out below. 5) After Final Completion of the Project, the Architect may be requested to visit and inspect the site at times designated by City within one (1) year of Final Completion, to advise the City of any faulty materials or workmanship used in constructing the Project, for purposes of guarantee and warranty reviews. 6) Copies of plans not otherwise specified in this Agreement, as requested by City. 7) Making revisions in drawings, specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's Program or Project budget; 2. required by the enactment or revision of codes, laws or regulations which become effective subsequent to the preparation of such documents; or 3. due to changes required as a result of the City's failure to render decisions in a timely manner, as specified in this Agreement. 8) Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the City's schedule, or the method of bidding or negotiating and contracting for construction. 9) Providing services in connection with a non-City public hearing, a dispute resolution proceeding or a legal proceeding except when the Architect is a party to such proceeding. Page 12 of 23 10)Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction, other than those included in the Construction Documents, prior to the completion of the Construction Document Phase. l l)Other than value engineering recommendations, providing analyses of the City's needs and a written Program outlining the requirements of the Project, including objectives, schedule, constraints and criteria, space requirements and relationships, flexibility, expandability, special equipment systems and site requirements. 12)Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project not foreseen, or not included in the Construction Documents. 13)Providing coordination of construction performed by separate contractors or by the City's own forces and coordination of services required in connection with construction performed and equipment supplied by the City. 14)Providing services in connection with the work of a construction manager or separate consultants retained by the City. 15)Providing detailed estimates of Construction Cost. 16)Providing detailed quantity surveys or inventories of material, equipment and labor. 17)Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 18)Providing services after issuance to the City of the final Requisition of Payment or, in the absence of a final Requisition of Payment, more than thirty (30) days after the date of Substantial Completion of the work. The City may incorporate into its Contract with the Contractor, a provision for reimbursables to the City, for all Additional Services caused by the Contractor for not completing the Contractor's work on time. Page 13 of 23 19)Providing any other services not otherwise included in this Agreement and not customarily furnished in accordance with generally accepted architectural practices. 20)Providing Bidding Assistance services as outlined in subparagraph 2(f) above. 21)Providing Construction Administration services as outlined in subparagraph 2(g) above. b) The term "direct personnel expenses" as used in this section means: 1) The value of Architect's time spent in performing such additional services in accordance with the rate schedule of Architect, a copy of which is attached and incorporated by this reference and identified as Exhibit "B". 2) The actual cost to the Architect of the time spent by employees of the Architect, including without limitation, architects, engineers, draftsmen, specification writers and typists, in performing such additional services based on the rate of wages paid by the Architect to such employees, multiplied by a factor of 2.5. 3) The actual cost to the Architect for the services of Consultants, multiplied by a factor of 1.10. 4) No compensation shall be paid to the Architect for services, regardless of whether the same were Basic Services or Additional Services, which are required to correct deficiencies in the Construction Documents caused by errors, conflicts or omissions of the Architect. 7. Termination of Agreement. a) Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Architect notice by certified mail, return receipt requested, directed to the principal office of the Architect, fifteen (15) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Architect shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the termination date. Such compensation shall be based on the fee percentage of work completed, as fairly and reasonably determined by City after conferring with Architect, and City shall not be held accountable for any compensatory damages whatsoever. Page 14 of 23 b) Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Architect seven (7) days' advance written notice. If Architect promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Architect for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. c) As a condition of payment, the Architect shall maintain all records required to be maintained by Architect under this Agreement, including records of payment, requisitions, records of the Architect's direct personnel expenses for additional services performed under this Agreement and records of the Architect's reimbursable expenses in accordance with generally accepted accounting practices and available for inspection by the City or its authorized representative at all reasonable times. d) If the Project is suspended for more than ninety (90) consecutive days, the Architect may terminate this Agreement by giving City not less than fifteen (15) days advance written notice. 8. Number of Documents. The Architect shall provide the City, at no additional expense to the City, and as part of the Basic Fee at least two (2) copies of all drawings, specifications and other documents required by this Agreement to be prepared by the Architect and submitted for the City's approval, unless otherwise specified in the Agreement. 9. Reproduction of Working Documents. For permitting, bidding and construction purposes, the Architect shall, at the sole cost and expense of the City, cause such number of the Construction Documents described in this Agreement as may be requested by the City to be reproduced in such manner and by such establishment as the City may designate. 10. Ownership of Documents and Copyrights. a) All notes, correspondence, documents, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations and any other documents and copyrights related to services performed or produced in the performance of this Agreement shall remain the property of the Architect; provided, however, that the Architect grants a< non- exclusive license of the copyright to the City for reusing and reprodlucing copyrighted materials as the City may see fit at no additional compensation to Page 15 of 23 the Architect. However, such documents are not intended or represented to be suitable for reuse by the City on extensions of the Project or on any other Project. Any such reuse, modification, or adaptation of such documents without written verification or adaptation by the Architect for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Architect or the Architect's independent professional associates or consultants. 11. Successors and Assigns; Assignment. This Agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns; provided, however, neither this Agreement nor any part of it, nor any monies due or to become due under this Agreement to the Architect may be assigned by Architect without the written consent of the City. 12. Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either the City or the Architect by the other party shall be in writing and shall be deemed duly served and directed, when hand delivered or when deposited in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed as follows: To City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Blvd. Fort Lauderdale FL 33004 With a copy to: Thomas J. Ansbro, City Attorney Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 3107 Stirling Rd., Suite 300 Fort Lauderdale FL 33312 To Architect: Thomas M. Carlson, AIA M. C. HARRY and Associates 2780 SW Douglas Road, Suite 302 Miami, FL 33133 Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 13. Indemnification. a) Architect shall indemnify and hold harmless City (including its officers and employees) from liabilities, damages, losses, and costs, including, bat not Page 16 of 23 limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Architect and persons employed or utilized by Architect in the performance of this Agreement. As specified by Section 725.06(3), Florida Statutes, this Agreement does not require the Architect to indemnify, defend or hold harmless City and the City's officers and its employees from "any" liability, damage, loss, claim, action, or proceeding. The indemnification shall survive the term of this Agreement. b) To the extent this indemnification clause does not comply with Chapter 725, Florida Statutes, this provision and all aspects of the Agreement shall be interpreted as the parties' intention for the indemnification provisions and all provisions of the Agreement to comply with Chapter 725, Florida Statutes, as it may be amended from time to time. 14.Insurance. Architect shall provide, pay for and maintain in force at all times during the term of the Agreement, insurance, including Professional Liability insurance, Workers' Compensation insurance, Comprehensive General Liability insurance and Automobile Liability Insurance. Such insurance shall include, but not be limited to, the following: a) Professional liability insurance policy with minimum limits of liability of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) annual aggregate. The policy shall be issued by an insurance company admitted, licensed or both in the State of Florida with a rating of "Excellent" by A.M. Best or equivalent rating bureau. The policy shall provide coverage during the active work of the Project and for a period of three (3) years after the issuance of the Certificate of Occupancy by the City. The policy shall include coverage for all persons for whom the named insured is legally responsible in connection with the Project and shall name City as an additional insured. The insurance company shall be required to provide written notice to the City in the event of cancellation or any other event which modifies any of the coverage in the policy, as specified in subparagraph (d), below. b) Workers' Compensation insurance to apply for all employees in compliance with the Workers' Compensation law of the state of Florida and all applicable federal laws, for the benefit of Architect's employees. A certificate evidencing compliance with statutory limits for Part A coverage must be furnished to the City. In addition, such insurance must include employer's liability coverage with a limit of no less than One Hundred Thousand Dollars ($100,000.00) for each accident, with overall policy limit of Five Hundred Thousand Dollars ($500,000.00). A written waiver of subrogation in favor of the City is required for this insurance. c) Comprehensive General Liability, including blanket contractual coverage applicable to this Agreement, with minimum limits of One Million Dollars Page 17 of 23 ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. d) Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million dollars ($2,000,000.00) combined single limit. e) Architect shall provide to the Risk Manager of the City for City approval a Certificate of Insurance for each of the policies required by the provisions, of this section, entitled "Insurance". All certificates shall identify the Project by name and shall state that City shall be given thirty (30) days notice prior to expiration or cancellation of each policy. Such policies shall: (1) name the insurance company or companies affording coverage, each of which must be acceptable to the City, (2) state the effective and expiration date of the policies, (3) include special endorsements where necessary and (4) name the City individually as an "additional named insured" under the Professional Liability, Comprehensive General Liability Policy and Automobile Liability Policy. The insurance required to be provided under this Agreement shall not be affected by any other policy of insurance that the City may carry in its own name. 15.Representative of City and Architect. a) It is recognized that questions in the day-to-day conduct of the Project will arise. The Contract Administrator upon request by Architect shall designate in writing and shall advise Architect in writing of any alternates to whom all communications pertaining to the day-to-day conduct of the Project shall be addressed. b) Architect shall inform the Contract Administrator in writing of the representative of Architect to whom matters involving the day-to-day conduct of the Project shall be addressed. 16.Records. Architect shall keep such records and accounts and require any and all Consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project and any expenses for which Architect seeks reimbursement. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses upon such entries. 17.Taxes. Architect shall pay, if any, all applicable sales, consumer, use and other taxes required by law in force at the time of this Agreement. The Architect is responsible for Page 18 of 23 reviewing the pertinent state statutes involving state taxes and complying with all requirements in force at the time of this Agreement. Any change in tax laws after the execution of this Agreement will be subject to further negotiation and agreement with respect to the responsibility for their payment. 18. All Prior Agreements Superseded. a) Subject to and including the written Program to be submitted to Architect by City, this document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. b) It is further agreed that no modification, amendment or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity with the execution of this document, specifically including, but not limited to, any agreement for compensation to be paid to Architect beyond that specified in this Agreement. 19. Expertise. Architect warrants that Architect has the experience with structures and projects necessary to design the Project and perform the services provided in this Agreement in accordance with commonly accepted architectural standards. 20. Statutory Compliance. Architect shall prepare documents and other materials for the Project in accordance with applicable rules, laws, ordinances and governmental regulations of the state of Florida, Broward County, the City of Dania Beach, Florida and governmental agencies having jurisdiction over the services to be provided by Architect under this Agreement or over any aspect or phase of the Project. 21. Venue. All claims, counterclaims, disputes, and other matters in question between City and Architect arising out of, relating to or pertaining to this Agreement, or its breach, or its services or the standard of performance required in it, shall be determined by litigation in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. 22. Attorneys' Fees and Costs. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party, subject to the limits of this paragraph. Where the Page 19 of 23 prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed one-half (1/z) of the amount of compensatory damages (it being the intent of the parties that attorneys' fees shall only be recoverable by a prevailing party if there is an award of more than nominal compensatory damages). If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees for the defense against the non-prevailing party's claim, which shall not exceed one-half (1/2) of the amounts paid to Architect under this Agreement as adjusted by written amendments executed by the parties. 23. Governing Law. The provisions of this Agreement shall be governed by the laws of the state of Florida. 24. No Solicitation. Architect warrants that Architect has not employed or retained any company or person, other than a bona fide employee working solely for the Architect to solicit or secure this Agreement and that Architect has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Architect, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 25. Fiscal Constraints. Architect understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any agreement, verbal or written, made in violation of this provision is null and void and that consequently, no money may be paid on such agreement beyond such limits. Nothing contained in this Agreement shall prevent the making of agreements for periods exceeding one (1) year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Architect shall not proceed with services under this Agreement without City's written verification that the funds necessary for Architect compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. Page 20 of 23 IN WITNESS OF THE FOREGOING, the parties have executed this Agreement on 200,1/ . CITY: CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: C. K. MC ELYEIV MIRIAM NASSER, ACTING CITY CLERK MAYOR-COMMIS ONER APPROVED FOR FORM AND CORRECTNESS: IVAN PA'TO, CITY MANAGER BY: TH MA J.DNS RO ARCHITECT: CITY ATTORNEY M. C. HARRY AND ASSOCIATES, a Florida corporation r� 4igture By: Thomas M. Carlson, President Print Name Title Page 21 of 23 STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appearedAyn/?S m. as ' '�T- of M. C. HARRY and Associates, a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and purpose mentioned in it and that the instrument is the act and deed of the corporation. /= ).L C �, 0 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on /2?4 , 200 Y Notary Public My commission expires: —. • LOWE STILSON ..: ,• MY COMMISSION#DID 280068 o€ EXPIRES;January 10,2006 Rr�y BwWed Thru Notary Public Underwriters • Page 22 of 23 EXHIBIT "A" (PROGRAM) DESIGN AND CONSTRUCTION COST OF THE NW COMMUNITY OUTREACH CENTER SCOPE OF PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET: $75,000.00 The scope of the subject project is the design of a building to accommodate the NW Community Outreach Center to be located at 56 NW 8 Avenue (copy of survey including elevations attached). The building is anticipated to be in the 5,000 sf range and will be single story. The scope of work excludes any off-site utility improvements that may be needed to support the project. The facility must be designed to meet all federal, state and local standards including CDBG • criteria for a Community Outreach Center. The duties of the architect will be specifically set forth in a contract for services but will, at a minimum, include the preparation of all necessary documents for the development of plans and specifications for the design and construction costs of the project. A minimum of two meetings with interested residents will be required for community input. These meetings will be organized by the architect to be held at the residents' convenience. Page 23 of 23 AC-ORD. CERTIFICATE OF LIABILITY INSURANCE HOP AR C DATE(MM/DD/04 MCAROI 05/03/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FILER INSURANCE, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 9440 S.W. 77 Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami, FL 33156 Phone: 305-270-2100 Fax:305-270-2195 INSURERS AFFORDING COVERAGE NAIC4 INSURED INSURER A: Assurance Co. of America 19305 INSURER B. Bridgefield Employexs Ins. Co. M C Harry & Associates Inc INSURER C Continental casualty company 2780 SW Dougglas Road #302 INSURER Miami FL 33133 INSURER E COVERAGES ' THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSIRE TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MMfDDI Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X I COMMERCIAL GENERAL LIABILITY PAS39436721 01/01/04 01/01/05 PREMISES(Ee oceurence) $1,000,000 CLAIMS MADE Fx� OCCUR N1ED EXP(Any one person) $1 0,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2 ,0 0 0,0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: _ PRODUCTS-COMP/OP AGG $2 ,000,000 17 POLICY F7 PRCTO LOC JE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X ANY AUTO PAS399436721 01/01/04 01/01/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY 83028149 01/01/04 01/01/05 E.L.EACH ACCIDENT s500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000 yes describe under S E.L.DISEASE-POLICY LIMIT $500 000 SPECIAL PROVISIONS below i OTHER C Professional Liab AEA133318316 07/08/03 07/08/04 Ea Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT]SPECIAL PROVISIONS Interest of certificate holder is additional insured as respects liability coverage. CERTIFICATE HOLDER CANCELLATION CITY038 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Dania Beach DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City Clerks Office NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Louise Stllson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 100 W. Dania Beach Blvd. Dania Beach FL 33004 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CHRISTINE PIERSOL-A207301 ACORD 25(2001108) ©ACORD CORPORATION 1988 i AM 11:�Iw 9t FLORIDA March 30, 2004 Thomas M. Carlson, A.I.A. Principal M.C. Harry & Associates, Inc. 2780 SW Douglas Road Suite #302 Miami, FL 33133 RE: ARCHITECTURAL AND DESIGN SERVICES AGREEMENT BETWEEN M.C. HARRY & ASSOCIATES, INC. AND THE CITY OF DANIA BEACH - NORTHWEST COMMUNITY OUTREACH CENTER Dear Mr. Carlson: On February 24, 2004, the Dania Beach City Commission adopted Resolution No. 2004-037 approving the above agreement with M. C. Harry & Associates, Inc. We are enclosing a copy of the resolution and two (2) originals of the agreement. Once you have executed these documents, please retain one original and return the other one to me for our files. We left the front pages of the agreements blank for you to fill in the date upon execution. If you have any questions regarding this project, please contact Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613. Sincerely, Miriam Nasser Acting City Clerk Enclosures ,O `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.Rus Agenda Request Form City of Dania Beach r Agenda Item. Date of Commission meeting: 2/24/2004 Description of Agenda Item: RFP award to McHarry Associates for the 29th year CDBG project-Architectural Design Commission action being requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/ RFP Presentation ❑ General approval of item ❑ Continued from meeting Other�(Plea�se explain) Summary explanationantl background The Community Development Block Grant(CDBG) awarded the City $75,000 for the architectural design and construction cost relating to the NorthWest Community Outreach Center. A committee of three ® city employees reviewed the proposals and ranked McHarry Associates at an overall average of 96.33%. Attached exhibits and additional backupsmaterials (Please list): Resolution -electronic attachment - RFP -electronic attachment Proposal - paper attachement Memo regarding Committee meeting - electronic attachment Ranking Sheets from each committee member- paper attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 2/17/2004 Department Director: btemchuk Date: 2/17/2004 Admin. Services Director: Date: , Finance Director. Date: �y r 7/0 T City Manager: Z, Date: / 6� CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners City Manager FROM: Bonnie Temchuk Assistant to the City Manager Grants and Special Projects DATE: February 17, 2004 SUBJECT: Approval of entering into a contract with McHarry Associates for the 291h year CDBG project, Architectural and Design Services relating to the Construction of the NorthWest Community Outreach Center Issue: The approval via a resolution for the award of the Architectural and Design Services relating to the Construction of the NorthWest Community Outreach Center funded through Community Development Block Grant(CDBG) 29th year to McHarry Associates. Explanation: Two advertisements were placed in the Sun Sentinel as well as on line and via our web site. Sealed bids were to be submitted no later than January 20, 2004. There were three submittals received. The selection committee, Ken Koch, Kathy VanDoorden and I reviewed the submittals and ranked each in specific areas: Capability; Project Understanding; Timeframe; Submittal; References; and Qualifications. Attached are the ranking sheets from each committee member. The Committee ranked McHarry Associates with an overall average of 96.33% out of 100%. Bermillo, Ajamil & Partners, Inc. received an overall average of 65.33% and The Tamara Peacock Company Architects received 36.33%. Because this project will involve meeting with the community and a full understanding of the needs of both the City and the community, McHarry Associates ranked extremely high and was able to show though the proposal the knowledge of exactly what we were looking for. The timeframe they proposed seemed very realistic as well as their capability to perform this type of work. The Committee request that the Commission approve entering into a contract with McHarry Associates for the Architectural and Design Services relating to the Construction of the NorthWest Community Outreach Center 291h Year CDBG project. Recommendation: Information for your review. ARCHITECTURAL AND DESIGN SERVICES RELATING TO THE CONSTRUCTION OF A • COMMUNITY OUTREACH CENTER BUILDING TO BE LOCATED AT 56 NW 8 AVENUE AND FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. The Committee met on February 13, 2004 at 11:00 am and the members were: 1. Ken Koch 2. Bonnie Temchuk 3. Kathy VanNoorden There were 3 proposals submitted and these are our findings: 25% 25% 20% 10% 10% 10% Capability Project Timeframe Submittal References Qualifications Understanding McHarry Associates Ken 25% 25% 20% 9% 10% 9% 98% Bonnie 25% 25% 15% 8% 10% 10% 93% Kathy 25% 25% 20% 8% 10% 10% 98% Overall Average—96.33% Bermillo, Ajamil &Partners, Inc. Ken 15% 15% 10% 7% 9% 9% 65% Bonnie 20% 11% 10% 6% 7% 10% 64% Kathy 20% 10% 12% 7% 8% 10% 67% Overall Average—65.33% The Tamara Peacock Company Architects Ken 10% 5% 8% 7% 4% 5% 39% Bonnie 15% 0% 7% 4% 4% 5% 35% Kathy 12% 4% 7% 2% 4% 6% 35% Overall Average—36.33% BID TABULATION FORM BID OPENING DATE: January 20, 2004 TIME: 3:00 p.m. • PROJECT NAME: Community Outreach Center PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED) )L TH FOLLOWING BIDS WERE RECEIVED THE ABOVE DATE AND OPEP4ED B \ L 1 NO. VENDOR BOND BASE BID 3 4 5 6 7 8 9 10 11 AFTER THE BID OPENI G, TH- B S WERE TURNED OVER TO THE FOLLOWING BID �69MITTE�MEM@ERS R W AND TABULA IQN: --'' - 1 a4 =- 1 REQUEST FOR PROPOSALS CITY OF DANIA BEACH, FLORIDA NOTICE IS GIVEN that the City Commission of the City of Dania Beach, Florida is seeking proposals for the following: ARCHITECTURAL AND DESIGN SERVICES RELATING TO THE CONSTRUCTION OF A COMMUNITY OUTREACH CENTER BUILDING TO BE LOCATED AT 56 NW 8 AVENUE AND FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Proposals will be accepted until 3:00 p.m. on' Tuesday, January 20, 2004, in the office of the City Clerk at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004. For questions or additional information, please contact Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613. . The City of Dania Beach reserves the right to accept or reject any or all proposals, with or without cause, and to waive any and all informalities or irregularities as deemed to be in the best interest of the citizens of the City of Dania Beach. The City of Dania Beach encourages participation by qualified and certified minority business enterprises (as defined by the Florida Small and Minority Business Assistance Act of 1985). CITY OF DANIA BEACH, FLORIDA CHARLENE JOHNSON, CITY CLERK Published: 1/04/04 and 1/11/04 REQUIREMENTS OF PROFESSIONAL QUALIFICATIONS Each interested person or entity must submit the following, on or before 3:00 p.m., on Tuesday, January 20, 2004 to the office of the City Clerk, located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004: 1. LETTER OF INTEREST 2. EVIDENCE OF PROFESSIONAL LIABILITY INSURANCE 3. ORGANIZATIONAL CHART 4. QUALIFICATIONS: A. RESUMES OF KEY PERSONNEL B. PROFESSIONAL REGISTRATION(S) C. CORPORATE CERTIFICATES D. MINORITY CERTIFICATION (IF APPLICABLE), AS DEFINED BY THE FLORIDA SMALL AND MINORITY BUSINESS ASSISTANCE ACT OF 1985 5. LETTERS OF RECOMMENDATION 6. AIA "FORM 254" ® 7. AIA "FORM 255" 8. SWORN STATEMENT OF PUBLIC ENTITY CRIMES 9. ESTIMATED TIME FRAMES FOR SUBMISSIONS OF THE INITIAL DESIGN AND SUBSEQUENTLY, WORKING DRAWINGS 10. DOCUMENTATION WHICH CONTAINS INFORMATION RELEVANTTO THE LIST OF SPECIFIED CRITERIA (ITEMS ONE THROUGH TWELVE, APPEARING BELOW) CITY OF DANIA BEACH DESIGN AND CONSTRUCTION COST OF THE NW COMMUNITY OUTREACH CENTER SCOPE OF PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET: $75,000.00 The scope of the subject project is the design of a building to accommodate the NW Community Outreach Center to be located at 56 NW 8 Avenue (copy of survey attached). The facility must be designed to meet all federal, state and local standards including CDBG criteria for a Community Outreach Center. The duties of the architect will be specifically set forth in a contract for services but will, at a minimum, include the preparation of all necessary documents for the development of plans and specifications for the design and construction costs of the project. A minimum of two meetings with interested residents will be required for community input. These meetings will be organized by the architect to be held at the residents' convenience. r® A staff selection committee comprised of persons appointed by the City of Dania Beach will evaluate all submissions received. It should be noted that compensation information cannot and will not be requested, accepted or considered at this selection and ranking stage. The staff selection committee may request brief presentations from interested parties in order to complete the selection, which will result in recommendations to the City Commission as to ranking in order of preference those persons or entities deemed to be the most highly qualified and suited to the City's needs to perform the required services. The City Commission, in turn, may independently rank the applicants, despite the committee recommendations. One or more representatives of the City will enter into negotiations with the top ranked person or entity as selected by the City Commission, including compensation provisions at this stage. Should negotiations fail to result in a mutually satisfactory agreement, negotiations will terminate with the first person or entity and begin with the second ranked person or entity. Such process will continue with the next highest ranked person or entity until an agreement is successfully negotiated, unless the City decides to terminate the process. The following criteria,not necessarily listed in order of importance, will be used to evaluate the submissions: ® 1. Qualifications of person or entity (proof of current registrations, licenses, certifications, authority to do business in Florida and Broward County) 2. Capability to perform the work 3. Staffing plan and adequacy of personnel 4. Project understanding (aesthetic and construction considerations as consistent with the City's and residents plans for a Community Outreach Center). 5. Business location(s) 6. Past history of municipal or similar governmental projects (CDBG) 7. Past history of relevant building designs 8. Professional experience 9. References 10. Recent, current and projected workload and its effect on the ability to perform the work 11. Volume of work previously awarded to applicant for City work 12. Willingness and ability to meet time and budget requirements of the City The City of Dania Beach reserves the right to award a contract to the person or entity whose submission is most advantageous to and in the best interest of the City, which determination is to be at the sole discretion of the City, or to terminate the process at any time. - - 2 - -