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HomeMy WebLinkAboutR-2003-269-Borrelli & Assoc.-Pier Restaurant RESOLUTION NO. 2003- 269 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE PIER RESTAURANT ARCHITECTURAL DESIGN CONTRACT WITH BORRELLI AND ASSOCIATES IN THE AMOUNT OF $119,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for an architectural firm for the design of the Pier Restaurant; and WHEREAS, City staff conducted a "request for proposals" process which included advertisement, a pre-bid meeting, review of qualifications of proposers and presentations to a selection committee, which committee then presented the three highest ranked firms to the City Commission for final presentations; and WHEREAS, the City Commission then determined that continued communication and development of a proposal was authorized to be conducted with Borrelli and Associates; and WHEREAS, City Staff recommends to the City Commission that such services can be provided by contracting with Borrelli and Associates in the amount of $119,000.00, 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$119,000.00 submitted by Borrelli and Associates for the architectural design of the Pier Restaurant, described in the attached Exhibit"A", is approved and the proper City officials are authorized to enter into a contract to obtain such services. The City Manager and City Attorney are authorized to make minor revisions to such contract as are deemed necessary and proper for the best 1 RESOLUTION NO. 2003-269 interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 25, 2003. ON/- B06ANION MAYOR-CO ISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES COMMISSIONER FLURY - YES ® COMMISSIONER MIKES - YES CHARLENE J H SON VICE-MAYOR MCELYEA- YES CITY CLERK MAYOR ANTON - YES APPROVED AS TO F M D CORRECTNESS: BY: � TH MAS . AN�') O CITY ATTORNEY 2 RESOLUTION NO. 2003-269 ® DANIA BEACH PIER RESTAURANT November 24,2003 FEE PROPOSAL FOR BASIC SERVICES TLC CONSULTING ENGINEERS Includes design, drawings and specifications for heating ventilating and air conditioning systems, hot and cold water systems,sanitary sewer,greasy waste and storm drainage,fire sprinkler systems, electrical system,fire alarm system, regular and emergency lighting systems, lightning protection energy calculations,assistance in permitting,review of Contractor's product data and shop drawing submittals,construction observation and review of change orders. Includes Coordination with All Required Kitchen Equipment Provided Information on Equipment provide information is provided on a timely basis during the course of design. Includes attending project meetings during design and construction when necessary. EAC -CONSULTING STRUCTURAL ENGINEERS Includes analysis of existing pier structure, design calculations for wind,dead and live loads on the building, design,drawings and specifications for the new construction structural systems. Includes assistance in permitting, review of Contractor's product data and shop drawing submittals Includes construction observation as well as attending project meetings during design. and construction when necessary. Does not include any Civil Engineering work at existing parking lot. Does not include any repairs of pier structure and assumes pier structure is adequate for project. CINI-LITTLE FOOD SERVICE CONSULTANTS Includes schematic design of kitchen and food service areas. Includes locations of food storage, preparation, cooking and dish washing areas showing generic equipment. Includes schematic design of bar and beverage stations. Includes direction on ® basic plumbing, electrical,gas and cooking exhaust systems requirements for MEP engineers. Includes attending meetings during schematic design and design development. Does not include selection of kitchen equipment, construction drawings or specifications or any construction or permitting services. BORRELLI &ASSOCIATES ARCHITECTS Basic Program is Reflected in Borrelli &Associates Drawing Dated 10/31/2003& 11/07/2003 Includes design, drawings and specifications for restaurant and bait shop shell spaces, with finished fully operational, Elevator Core, Fire Stairs,Toilet Facilities, Exterior Envelopes and all other basic building components. It intended that Borrelli&Associates provide a complete operational building except that interior tenant spaces be completed by the operator. The restaurant operator will provide all furnishings, decorative lighting,floor,wall and ceiling finishes (except at restrooms),food service equipment, bait shop store fixtures and equipment and other items customarily furnished by the tenant leasing a shell space. Borrelli will coordinate with Operators during schematic and design development phases to make provisons for Operator-furnished finishes, furnishings and equipment. Borrelli and Consultants will attend up to 4 meetings (1 per phase)with and City Staff, and the Operators prior to the Bidding phase. Borrelli will prepare documents necessary for permitting, bidding and construction,other than for elements furnished and installed by the Operator. Borrelli will prepare one estimate of probable construction cost at the end of the Design Development Phase. Borrelli will review Contrcator's Product Data and Shop Drawing Submittals, Contractor's Requisitions for Payment, Change Orders and As-Built Drawings. Borrelli will attend construction meetings and observe the progress the progress of the work every two weeks and on a weekly basis during when necessary. TOTAL $ 119,000 ® DANIA BEACH PIER RESTAURANT November 24,2003 FEE PROPOSAL BREAKDOWN-ARCHITECTURAL Schematic Design Hours Field Investigation 8 Code Research 12 Client Meeting 12 Coord.w/Consult. 8 Design 40 Drafting 40 Management/Admin. 16 Design Development Hours Design 60 Drafting 80 Coord. w/Consult. 12 Client Meeting 12 Management/Admin. 16 Cost Estimate 24 Construction Documents 50% Hours Revisions 16 QA&Code Review 12 Design 32 Drafting 160 ® Coord. w/Consult. 12 Client Meeting 12 Specifications 60 Management/Admin. 24 Construction Documents 100% Hours Revisions 16 QA&Code Review 12 Design 32 Drafting 160 Coord. w/Consult. 12 Client Meeting 12 Specifications 60 Management/Admin. 32 Bidding & Permitting Hours Revisions 24 Prepare Permit Docs 24 Pre-Bid Meeting 8 Bid-Opening &Award 16 Construction Hours Pre-Construction Conference 8 40 Weeks Administration 480 1 664 CITY-ARCHITECT SERVICES AGRFEMENT THIS IS AN AGREEMENT ("Agreement") dated rc. 2004, between the CITY OF DANIA BEACH, FLORIDA (the "City") and RRELLI AND ASSOCIATES, ARCHITECTS, PLANNERS, P.A., a Florida corporation (the "Architect") by which Architect agrees to perform architectural services in connection with the proposed construction for the City of a restaurant shell building and related improvements on a fishing pier (the "Project") on real property located in Broward County, Florida, which property is located at 300 North Beach Road, 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": BORRELLI AND ASSOCIATES, ARCHITECTS, PLANNERS, P.A., a Florida corporation authorized to do business in the State of Florida, which is the Architect selected by the City to perform the serves specified by this Agreement. (c) "Architect's Field Representative(s)": One more persons retained by the 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. (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. Page 1 of 18+8-- (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 shell building 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. (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 a shell building restaurant to be located upon the City fishing pier 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) "Shell Building and related improvements": the components of the Project, as further described in the Program attached to this Agreement and.marked Exhibit "A". Page 2 of 184-8 (v) "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. (w) "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. 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: (a) Schematic Design. Drawings and materials in the form of 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, mechanical and electrical systems to be installed in the Project. (b) 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 outline specifications fixing and illustrating 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. 3. 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 Design Development Documents and submit them to the Contract Administrator for City review and approval: (a) 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. (b) 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. 4. Approval of Governmental Agencies. 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. Page 3 of 18� 5. Assistance in Bidding. 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. 6. Duties of Architect Regarding the Bidding Process. (a) 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. (b) Architect will assist the City in identifying a group of qualified, responsible general building contractors to bid on the Project. (c) 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. (d) Architect will issue addenda bulletins explaining or detailing the provisions of the plans and specifications for the Project to bidders if questions arise. (e) _ 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. (f) 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. 7. Other Design Consultants. 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 4 of 18" 8. Contract Administration by Architect. 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 and shall: (a) Provide technical direction to the Contract Administrator or designee who shall be employed by and be responsible to the City. (b) Arrange, conduct and document a preconstruction conference. (c) Provide coordination of design disciplines during construction. (d) 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. (e) 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 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. (f) 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. (g) 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 paragraph 10, 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. (h) Architect shall evaluate and make recommendations to the City concerning the acceptability of substitute materials and equipment proposed by the Contractor. . (i) 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 Page 5 of t 84-8 q responsibility for an incorrect, inaccurate, mistaken or defective item, nor shall it be construed to relieve Architect from liability or responsibility to properly perform the duties and responsibilities of Architect as set forth in this Agreement. ® Architect shall receive and review all certifications, testing inspections or (i) 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. (k) 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. (1) 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. (m) 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. (n) 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. (o) Review and provide to the Contract Administrator, the Contractor's final Project closeout data and information to Contract Administrator. 9. 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. Page 6 of 1845 10. 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". 11. 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. 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. 12. 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 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. 13. Schematic Design Documents. The Architect shall complete all work and services relating to the Schematic Design Documents for the Project after City Planning and Zoning Board and City Commission site plan approval, and then submit to the City for approval all documents described in subparagraph 2(a) of this Agreement within thirty (30) days after Architect's receipt of written Notice from the City to Proceed with the Schematic Design phase of the Project. 14. 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(b) of this Agreement within forty-five (45) days after receipt of written notice from the City of approval of the Schematic Design documents described in subparagraph 2(a) of this Agreement. 15. 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 paragraph 3 of this Agreement within one hundred twenty (120) days after receipt of written instructions from the City to proceed with preparation of Construction Documents. Page 7 of 18� 16. 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 showing lines of streets, alleys, pavements and adjoining properties, rights-of-way, restrictions, easements, encroachments, zoning, boundaries of the building site and full information as to public utility service and lines available to such building site. City will provide Architect a geotechnical report depicting subsurface conditions for piling lengths for the new elevator and stairs, and structural certification and as-built documents of the existing pier. 17. City's Responsibilities. (a) 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. (b) The City shall, at its own cost and expense,furnish all legal and insurance counseling services required for the successful completion of the Project. (c) The City, if it elects to do so, shall authorize and pay the Architect for the hiring and employment of a full-time Project inspector (other than the Field Representatives of Architect) acceptable to the City to carry on a continuous on-site inspection of the Project during the whole course of the construction. (d) 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. (e) The City shall approve or reject all drawings, documents or instruments within fifteen (15) working days after they have been submitted to it for approval. (f) 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). 18. 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 One Hundred Nineteen Thousand Dollars ($119,000.00). 19. Manner of Payment. The City shall pay to the Architect the Basic Fee in the following manner: (a) Retainer. Ten percent (10%) upon City's execution of this Agreement. (b) Schematic Design. Ten percent (10%) upon acceptance by City of the Schematic Design documents. (c) Design Development Documents. Fifteen percent (15%) upon completion and acceptance by City of the Design Development Documents. Page 8 of 184-8 (d) Construction Documents. Forty percent (40%) upon completion and acceptance by City of the Construction Documents. (e) Bidding Phase and Construction Contract Award. Four percent (4 %) upon the award by the City Commission of a Construction Agreement to the successful bidder. (f) Construction Phase. Eighteen percent (18 % during the Construction Phase, payable on a monthly basis as the work progresses, based upon invoices submitted to and approved by Contract Administrator. (g) Final Payment. Three percent (3%) upon Final Completion. 20. Reimbursable Expenses. In addition to the Basic Fee to be paid to the Architect, the Architect shall be reimbursed by the City, on or before the fifteenth (15`h) day of each calendar month, for all costs shown on vouchers delivered to the City by the Architect on or before the fifth (51h) day of each such month, actually incurred by the Architect in connection with the Project during the preceding calendar month for: (a) Long distance telephone calls, long distance facsimile transmissions and overnight deliveries. (b) Travel expenses outside of Broward County, if approved in advance by the City. ® (c) Fees, other than those paid directly to government agencies by City, which are paid for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery of instruments of service; renderings, models and mock-ups requested by City. (d) Fees or expenses required to be paid by the City pursuant to this Agreement. 21. 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 any such service 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. Page 9 of 184-8 (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. ® (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) If more extensive representation at the site is required by the City, the Architect shall provide one (1) or more Project Representatives to assist in carrying out such additional on-site responsibilities. Any such Project Representative shall be selected, employed and directed by the Architect, and the Architect shall be compensated in connection with such services as agreed to in writing in advance between the City and the Architect. The duties, responsibilities and limitations of authority of any Project Representatives shall also be as agreed in writing in advance between the City and the Architect. (8) Making revisions in drawings, specifications or other documents when such revisions are: (a) inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's Program or Project budget; (b) required by the enactment or revision of codes, laws or regulations which become effective subsequent to the preparation of such documents; or (c) due to changes required as a result of the City's failure to render decisions in a timely manner, as specified in this Agreement. 0 (9) 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. Page 10 of 184-8 (10) 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. (11) 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. (12) 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. (13) 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. (14) 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. . (15) Providing services in connection with the work of a construction manager or separate consultants retained by the City. (16) Providing detailed estimates of Construction Cost. (17) Providing detailed quantity surveys or inventories of material, equipment and labor. (18) 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. (19) 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. (20) Providing any other services not otherwise included in this Agreement and not customarily furnished in accordance with generally accepted architectural practices. (b) The term "direct personnel expenses" as used in this section means: Page 11 of 1_84-5 (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 2.8. (3) The actual cost to the Architect for the services of Consultants, multiplied by a factor of 1.15. (c) 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. 22. 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, thirty (30) 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. (b) Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Architect ten (10) 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. (3) 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. Page 12 of 184 S 23. 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. 24. 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. 25. 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 reproducing copyrighted materials as the City may see fit at no additional compensation to the Architect. However, such documents are not intended or represented to be suitable for reuse by the Owner 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 Owner's sole risk and without liability or legal exposure to the Architect or the Architect's independent professional associates or consultants. If required by the Owner, any such verification or adaptation will entitle the Architect to further compensation at rates to be agreed upon by the Owner and the Architect. 26. 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. 27. 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 is Fort Lauderdale FL 33312 To Architect: Jaime E. Borrelli, President Borrelli & Associates Architects, Planners, P.A. Page 13 of 184-9 4960 SW 72°d Ave., Suite 408 Miami, FL 33155 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. 28. Indemnification. (a) Architect shall indemnify and hold harmless City (including its officers and employees) from liabilities, damages, losses, and costs, including, but not 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 tifne. 29. 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. Page 14 of 1845 (c)(i) Comprehensive General Liability, including blanket contractual coverage applicable to this Agreement, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. ® (ii) 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. (d) Architect shall provide to the City Manager of the City for his 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. 30. 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. 31. 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. 32. 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 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. Page 15 of 18� 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed one-half ('/2) 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 ('/2) of the amounts paid to Architect under this Agreement as adjusted by written amendments executed by the parties. 38. Governing Law. The provisions of this Agreement shall be governed by the laws of the state of Florida. - 39. 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 Page 16 of 184-8 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. 40. 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. IN WITNESOF THE FOREGOING, the parties have executed this Agreement on 200�. CITY: CITY OF DANIA BEACH, a Florida u&Jalorporation ATTEST: B ANTON CHARLENE JO SON, CITY CLERK MAYOR-CO I S ONE APPROVED FOR FORM /J AND CORRECTNESS: IVA ATO;CITY MANAGER BY: THOMAS .'A SBRO ARCHITECT: CITY ATTORNEY BORELLI AND ASSOCIATES ARCHITECTS, PLANNERS, P.A., a Florida corporation Signature / By: Print Name Title Page 17 of 184-8 STATE OF FLORIDA COUNTY OF 1 BEFORE ME, an officer duly authorized by law to ad ' ister oaths and take acknowledgments, personally appeared --Wgr:: r=. BQRP5LLj as _ of Borrelli and Associates Architects, Planners, P.A., 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. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on P-*L 2 , 200;!-.;, Notary Public My commission expires: STUARTM.GRAN MY COMMISSION#DID 097097 p EXPIRES:March 5,2006 Bonded Thru Notary Puttic Underwriters Page 18 of 1&1- • • 2 FLORIDA January 6, 2004 Stuart Grant Senior Project Manager Borrelli & Associates Architects, Planners, P.A. 4960 SW 72"d Avenue, Suite 408 Miami, FL 33155 RE: ARCHITECTURAL SERVICES AGREEMENT FOR PIER RESTAURANT Dear Mr. Grant: On November 25, 2003, the Dania Beach City Commission adopted Resolution No. 2003-269 approving the architectural services in connection with the proposed construction of the pier restaurant. We enclose for your records, a copy of the resolution and one (1) original agreement that has been fully executed by the City of Dania Beach and your company. If you have any questions regarding this agreement, please contact Ken Koch, Building Official, at 954-924-3650. Sincerely, Miriam Nasser Deputy City Clerk Enclosures 0 "$roward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone- (954) 924-3600 www.ci.dania-beach.fl.us