Loading...
HomeMy WebLinkAboutR-1999-047�, r 7 i i �. -r ., �-- rg 7 F ' / RESOLUTION NO. 47-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A., FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE PROPOSED CONSTRUCTION BY THE CITY OF A FIRE/RESCUE FACILITY ON REAL PROPERTY LOCATED AT THE NW& SW CORNER OF SW 30TH AVENUE & SW 45TH STREET, DANIA BEACH, BROWARD COUNTY, FLORIDA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania City Commission, on January 27, 1998, approved by Resolution Number 08-98, a contract between the City of Dania and Alanco/Cascade, Inc., a Florida Corporation, for the purchase of real property in the western area of the city for the purpose of constructing and operating a fire rescue facility aka/ Fire Station #93; and WHEREAS, the Dania Beach City Commission desires to enter into an agreement between the City of Dania Beach and Robert McDonald & Associates, P.A. to perform architectural services in connection with the proposed construction of a fire/rescue facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That an agreement, between the City of Dania Beach and Robert McDonald & Associates, P.A. for architectural services relating to the construction of Fire Station #93, a copy of which is attached hereto and made a part hereof as Exhibit "A", is approved and the appropriate city officials are hereby directed to execute same. Section 2. That professional architectural services for the construction of Fire Station#93 by Robert McDonald &Associates, P.A. estimated to cost $118,587.20 with additional optional I RESOLUTION NO. 47-99 _f t- r. r 'i I services as outlined in the Scope of Services are approved and made a part hereof as Exhibit Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.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 THIS 23RD DAY OF MA H/�999. Y =COMMISSIONER ATTEST / ROLL CALL: /I � �/ MAYOR BERTINO -YES SHERYL CHA MAN VICE-MAYOR McELYEA - YES ACTING CITY CLERK COMMISSIONER CALI —YES APPROVED AS TO FORM AND CORRECTNESS: By: � �d THOMAS J. ANSBRO CITY ATTORNEY -2- RESOLUTION NO. 47-99 f 7 F " -r CITY—ARCHITECT SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement') dated �D Qdc�.( 999, between the CITY OF DANIA BEACH, FLORIDA the "City") 1ALD AND ASSOCIATES, P.A. (the "Architect')to perform architectural d services i MconnecALon with the proposed construction by the City of a fire/rescue facility (the 'Project') on real property located in Broward County, Florida, which property is described as follows: The North 370 feet, more or less, of the following described lands: The South 148 feet of the East one-half of Tract 11, Block 3, of Section 29, Township 50 South, Range 42 East, less the East 25 feet thereof for road right-of-way, according to the Plat thereof, as recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida, land situate, lying and being in Broward County, Florida;and the East 172.25 feet of Tract 11 in Block 3, of Section 29, Township 50 South, Range 42 East, according to the Plat thereof, as recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida, LESS the South 544 feet thereof; and also less the North 25 feet thereof and the East 25 feet thereof; said lands situate, lying and being in Broward County, Florida. Together with reversionary interest in said North 25 feet and said East 25 feet; and commencing at a point 25 feet South of and 35 feet East of the Northwest corner of Tract 11, Block 3, of the Subdivision of Section 29,Township 50 South, Range 42 East, according to the Plat thereof, recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida; thence run East and parallel to the North boundary line of said Tract 11 a distance of 604 feet; thence run Southerly and along the East boundary of said Tract 11 a distance of 207.94 feet to the Point of Beginning; thence continue Southerly a distance of 296 feet;thence run Westerly and parallel with the South boundary of said Tract 11 a distance of 319.19 feet;thence run Northerly a distance of 296 feet;thence run Easterly a distance of 319.35 feet to the point of beginning, Less the East 25 feet thereof,for a road right-of-way. Said lands situate, lying and being in Broward County, Florida, ALSO KNOWN AS Lots L and K of Unrecorded Plat of Tract 11 and 13 of Block 3, of Section 29, Township 50 South, Range 42 East for Sally L. White; and the North 100.18 feet of the South 544 feet of the East 172.25 feet of Tract 11 in Block 3 of Section 29, Township 50 South, Range 42 East, according to the Plat thereof, recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida. Less and excepting therefrom the East 25 feet thereof. Said lands situate, lying and being in Broward County, Florida; and the North 100.22 feet of the South 544 feet of the East%of Tract 11 in Block 3 of Section 29, f f� F T 7 Township 50 South, Range 42 East, according to the Plat thereof, recorded in Plat Book 2, Page 32 of the Public Records of Dade County, Florida. LESS and excepting therefrom the East 172.25 feet thereof. Together with the West 27.25 feet of said East one-half of Lot 11, Less the South 544 feet thereof and also less the North 25 feet thereof. LESS that certain road right-of-way lying East of said lands as recorded in Official Records Book 17308, Page 125, of the Public Records of Broward County, Florida. Said lands situate, lying and being in Broward County, 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: and Architect.(a) "Agreement": The contract, represented by this writing, between City (b) "Architect": Robert McDonald and Associates, P.A., a Florida professional association authorized to do business in the State of Florida, is the Architect selected by the City to perform the services pursuant to this Agreement. (c) "Architect's Field Representative(s)": One or more persons retained by the Architect to perform field representation services. (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. (0 "City": The City of Dania, 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, 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. Page 2 of 26 _j r 7 (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. 0) "Contract Administrator": The Building Official of the City of Dania, or his 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, including an adequate electrical system design sufficient to support an audio system to be specified by City. (m) "Final Completion": The issuance by Architect of the final Requisition for Payment 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 a permanent Certificate of Occupancy has been issued by the City Building Official. (n) "Final Statement of Probable Construction Costs": A final cost estimate prepared by Architect during the Construction Documents phase of the Project, based upon the final detailed Construction Documents of the Project. (o) "Notice to Proceed": A written Notice to Proceed upon a specified activity, issued by the Contract Administrator to Architect. (p) "Plans and Specifications": The documents setting forth the preliminary plans and drawings of the Project, the Design Development Documents and Construction Documents, all as approved by City as provided in this Agreement. (q) "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. (r) "Program": The purpose for which and the manner in which the Project is intended to be used by the City after its final completion. Page 3 of 26 r T / (s) "Project": The development of a Fire/Rescue facility, including planning, architectural, engineering, landscaping and contract administration services. (t) "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. (u) "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. (v) "Statement of Probable Construction Costs": A document to be prepared by the Architect which shall reflect a statement of the probable construction costs. (w) "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. (x) "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 and a Statement of Probable Construction Cost to be entitled "Probable Project Construction Cost— Schematic Design Phase", as described further in Exhibit"A", a copy of which is attached to this Agreement and incorporated into it by this reference. (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 Page 4 of 26 t- f r i� r T Y r 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, as further described in Exhibit"B", a copy of which is attached to this Agreement and incorporated into it by this reference. 3. Construction Document Phase. On receipt of written Notice to Proceed from the City for the preparation of Construction Documents, the Architect shall prepare from the approved Design Development Documents and submit to the City for 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, electrical systems, site plan and landscape design for the Project. (b) Design Cost Adjustments. Written notice entitled "Statement of Probable Construction Costs" to the City of any indicated adjustments in the Probable Project 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. (c) Statement of Probable Construction Cost. A Statement of Probable Construction Cost based on the Construction Documents and entitled"Final Statement of Probable Construction Cost" in sufficient detail to indicate, based upon current area, volume or similar conceptual estimating techniques, the quantities and unit costs of the major categories of work and materials required for the construction of the Project. (d) Design Development Documents. See Exhibit "C" attached to this Agreement and by this reference made a part of it. 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. 5. Assistance in Bidding. After the City's approval of the working drawings and specifications for the Project, the Architect shall assist the City in obtaining bids and awarding a general contract for the construction of the Project. 6. Duties of Architect Regarding the Bidding Process. If City's attorneys) called in drafting bidding b documenty City, the s, to include rchitect lan advertisemll assist the ent for bids, the Page 5 of 26 P r� bid form, instructions to bidders and proposed contract documents to be executed by the City and the selected Contractor. (b) Architect will identify a group of qualified, responsible general building contractors to bid on the Project. specifications(c) Architect will issue plans and the Project to prospective bidders on the Pro ect upon payment by eachbidde r bidder of the 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. (0 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 00%)the total estimated construction cost of the Project stated on the Probable Project Construction Cost, the Architect shall, c 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. 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 theArchitect,theArchitect 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. 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 his designee who shall be employed by and be responsible to the City. Page 6 of 26 f R r, (b) Arrange, conduct and document a preconstruction conference. (c) Provide coordination of design disciplines during construction. ) Review and approve (or take other d shop drawings submitted by the Contractor. Such a appropriate action 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 site at e of construction at such times that active, ongoing intervals c nst utc on wok is underway,tat leahe st two (2) times per week 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. (0 During such tect may disapprove of or e a visits jec ndnotifytheContactAdministratorofContractor'sworkw'hile 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 he 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 anyway a correction or clarification of work done by the Architect or the result of incomplete work required of the Architect. ) concerning the acceptability' l of substitutetmateriase and aand equipment proposed by the Contractor. for any plan, drawing, h specification, design, coe approval of the rst measure act Administrator oar any other Project item, and such proposal, suggestion or recommendation requires the City's selection, choice or Page 7 of 26 f i-- r ` 7 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 responsibility to properly perform the duties and responsibilities of Architect as set forth in this Agreement. 0) 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. (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 his 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. Page 8 of 26 f R r, 'f (o) Review and provide to the Contract Administrator the Contractor's as- built reproducible record drawings based on as-built information furnished by the Contractor and any other source the Architect may have which shall be reviewed and approved by Architect, indicating changes in the work during construction. (P) Reviewand provide tothe ContractAdministrator the Contractor's final Project closeout data and information to Contract Administrator. 9• Field Reor_ es_ end (a) Architect shall furnish the necessary Field Representatives to assist Architect in observing performance of the work of Contractor. (b) Architect shall endeavor to provide assurance to the City that completed work, as well as work in progress, meets plans and specifications, but the furnishing of such services will not make Architect responsible for or give Architect control over construction means, methods, techniques, sequences or procedures or for safety Precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Construction Documents. (c) The duties and responsibilities of the Field Representatives are limited to those of Architect in this Agreement with the City and as may be specified in the Construction Documents, and are further limited and described as follows: (1) General: Field Representatives are Architect's agents at the site, will act as directed by and under the supervision of Architect, and will confer with Architect regarding such Field Representatives'actions. Field Representatives'dealings with the Contractor and any subcontractors shall only be through or with the full knowledge and approval of Architect. Field Representatives shall generally communicate with Contract Administrator with the knowledge of and under the direction of Architect. (2) Duties and Responsibilities of Field Representatives: (a) Schedules: Review the progress schedule, schedule of shop drawing submittals and Schedule of Values prepared by Contractor and consult with Architect concerning acceptability. (b) Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare, review and submit to the Contract Administrator and the Contractor the minutes of the foregoing meetings. Page 9 of 26 L r l ■ r -r r (c) Liaison: (1) Serve as Architect's liaison with Contractor, working principally with Contractor's superintendent and assist in understanding the intent of the Construction Documents; further, communicate with the Contract Administrator through the Architect when Contractor's operations affect City. (2) Assist in obtaining from Architect additional details or information,when required for proper execution of the work. (d) Shop Drawings, Brochures and Samples: (1) Advise Architect and Contractor of the commencement of any work requiring a shop drawing, brochure or sample if the submittal has not been approved by the Architect. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site observations of the work in progress to assist Architect in determining if the work is in general proceeding in accordance with the Construction Documents. (2) Report to Architect whenever Field Representatives believe that any Work is unsatisfactory, faulty or defective or does not conform to the Construction Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made;further, advise Architect of work that Field Representatives and assistants believe should be corrected or rejected or should be uncovered for observation,or requires special testing, inspection or approval. (3) Report to Architect that tests, equipment and systems' start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records of them. (4) Upon request by inspectors representing governing agencies having jurisdiction over the Project, accompany inspectors, record the results of these inspections and report to Architect. Page 10 of 26 i 2-- h r j (f) Interpretation of Construction Documents: Report to Architect when clarifications and interpretations of the Construction Documents are needed and transmit to Contractor clarifications and interpretations as issued by Architect. (g) Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Field Representatives' recommendations to Architect. Transmit to Contractor decisions as issued by Architect. (h) Reports: (1) Furnish Architect periodic reports as required of progress of the work and of Contractor's compliance with the progress schedule and shop drawings, brochures and sample submittals. (2) Consult with Architect in advance of scheduled major tests, inspections or start of important phases of the work. (3) Reportproposed Change Orders and Work Directive Changes, require backup material from Contractor to be submitted to Architect and recommend to Architect Change Orders,Work Directive Changes and Field Orders. (4) Report immediately to Architect and Contract Administrator upon the occurrence of any accident. (i) Certificates, Maintenance and Operation Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Construction Documents,and ensurethatthis material is delivered by the Contractor to Architect for review and forwarding to Contract Administrator prior to final payment for the work. Q) Limitations of Authority of Field Representatives: (1) Shall not authorize any deviation from the Construction Documents or substitution of materials or equipment, unless authorized by Architect. (2) Shall not exceed the limitations of Architect's authority as set forth in this Agreement or the Construction Documents. (3) Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's superintendent. (4) Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or Page 11 of 26 f r R h I procedures of construction unless such advice ordirections are specifically required by the Construction Documents. (5) Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the work. (6) Shall not accept any shop drawing, brochure or sample submittals from anyone other than Contractor. part. (7) Shall not authorize City to occupy the Project in whole or in (8) Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Architect. (k) Interpretation: Submit to Architect, at the request of the Contract Administrator or Contractor, a request for a definition or interpretation of the working drawings or specifications for the Project. (1) Progress Reports: Make such reports as may be required by the Architect for the use of any public agency having jurisdiction on the progress of the construction of the Project. (m) Change Orders: Notify Architect of proposed Change Orders for written approval of the Contract Administrator. 10. 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. 11. 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". 12. No Guaranty of Construction. The Architect shall use his best efforts to secure compliance by the Contractor employed on the Project with the Construction Documents and contractual requirements forthe Project but shall not be a guarantor of the performance of the Contractor nor shall he be liable for the errors or omissions of the Contractor, or any subcontractors or materialmen employed by Contractor or furnishing materials to the Project. Page 12 of 26 f i-- r. f r 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 South 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. 13. Schedule of Work. Promptly after execution of this Agreement and after receipt of written authorization from the City 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 his work, with dates on which he 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 month, indicating the percentage of work completed,and immediately deliverthree (3) copies of such revised scheduled to the Contract Administrator for approval. 14. 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)and Exhibit"A"of this Agreement within thirty (30) days after his receipt of written Notice from the City to Proceed with the Schematic Design phase of the Project. 15. 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 sixty(60) days after his receipt of written notice from the City of approval of the Schematic Design documents described in subparagraph 2(a)of this Agreement. 16. 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 fifty(150)days after receipt by him of written instructions from the City to proceed with preparation of Construction Documents. 17. Platting. Architect recognizes, understands and agrees that the property upon which the Project is to be erected is expected to undergo platting review; consequently, Architect understands and agrees that the performance phases specified in this Agreement may be affected by the time periods within which the City, Broward County and otheragencies having jurisdiction review,comment upon,process and approve platting applications and platting matters. The Architect and City therefore agree that the time periods for Architect's performance may be adjusted, as directed by the City, so as to be coordinated with the progress made on the site's platting, and Architect shall not be Page 13 of 26 P 7 I entitled to suspend performance or seek additional compensation as a result of any delay as a result of any actions or omissions to act, other than those directly attributable to City, which may arise in the platting process. Each phase of Architect's performance shall be authorized in advance by the City Manager. 18. 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. 19. Citv's Resoonsibilities. (a) The City shall, at its own cost and expense, furnish the services of a soils engineer if such services are deemed necessary by the Architect for determining subsoil conditions of the building site for the Project. (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, at its own cost and expense, furnish all legal and insurance counseling services required for the successful completion of the Project. (d) 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. (e) 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. (f) The City shall approve or reject all drawings, documents or instruments within thirty(30)working days afterthey have been submitted to it for approval. (g) Priorto preparation of the Schematic Design Documents,the City shall provide Architect full information in a timely manner regarding requirements for limitations on the Project, including a written Program which shall set forth the City's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Page 14 of 26 f r 7 20. 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 Eighteen Thousand Five Hundred Eighty-Seven Dollars and Twenty Cents ($118,587.20). 21. 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. (d) Construction Documents. Forty percent(40%)upon completion and acceptance by City of the Construction Documents. (e) Bidding Phase and Construction Contract Award. Two percent (2%) upon the award by the City Commission of a Construction Agreement to the successful bidder. (f) Construction Phase. Twenty percent (20%) 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. 22. 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 (151h)day of each calendar month, for all costs shown on vouchers delivered to the City by the Architect on or before the fifth (5`h) day of each such month, actually incurred by the Architect in connection with the Project during the preceding calendar month for: deliveries. (a) Long distance telephone calls,facsimile transmissions and overnight (b) Travel expenses outside of Broward County in accordance with the requirements of the City's travel policy. (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; Page 15 of 26 tr— ■ 7 F ' r 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. 23. 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 apart 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. (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 interior design services in connection with the selection of furniture, furnishings and equipment, art work, exercise equipment and entertainment equipment for the Project building. (5) The providing of services in connection with any 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. (6) The providing of civil engineering and survey services in connection with platting, traffic signal design, sewer connections, site survey and topographic survey work and parking lot design (paving, grade and drainage). Page 16 of 26 (7) Renderings as directed by City. er Final 8 requested to visit andinsp ct the site att met sdes designated by City within Architection of the Project, the ne (1) year may be Final Completion, to advise the City of any faulty materials or workmanship used of constructing the Project, for purposes of guarantee and warranty reviews. requested by City. (9) Copies of plans not otherwise specified in this Agreement, as (10) 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. (11) Making revisions in drawings,specifications or otherdocuments 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. (12) 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. "Significant", for purposes of this subparagraph, means a change involving an expenditure of more than Five Thousand Dollars ($5,000.00) for any single change. (13) Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except when the Architect is a party to such proceeding. Page 17 of 26 f V •r (14) Preparing documents for alternate, separate or sequential bids. (15) 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. (16) 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. (17) Providing services relativeto future facilities,systems and equipment. (18) 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. (19) Providing services in connection with the work of a construction manager or separate consultants retained by the City. (20) Providing detailed estimates of Construction Cost. (21) Providing detailed quantity surveys or inventories of material, equipment and labor. (22) 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. (23) 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. (24) Providing services approved in advance in writing by City of Consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project and landscaping design,which are to be provided as a part of Basic Services. (25) Providing any other services not otherwise included in this Agreement and not customarily furnished in accordance with generally accepted architectural practices. Page 18 of 26 f r 7 F " (26) Preparing drawings, specifications and other documentation and supporting data in connection with the evaluation of Contractor proposals for Change Orders and providing other services in connection with Change Orders, if there are more than four(4) Change Orders in any one month. (27) 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. (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 at the rate of One Hundred Twenty-Five Dollars ($125.00) per hour. (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 2.75. (3) The actual cost to the Architect for the services of Consultants, multiplied by a factor of 1.2. (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 oromissions of the Architect. 24. 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 Page 19 of 26 t- f r-- s 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 him under this Agreement, including records of payment, requisitions, records of the Architect's direct personnel expenses for additional services accordance with generally accepted accounting practices performed under this Agreement and records of the Architect's reimbursable expenses in and available for inspection by the City or its authorized representative at all reasonable times. (3) If the Project is suspended formore than ninety(g0)consecutive days, the Architect may terminate this Agreement by giving City not less than fifteen (15) days advance written notice. 25• 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 three (3) 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, or by City Code, resolution or standard City operating procedures. 26. Re reduction of work no Documents Purposes,the Architect shall, at the sole cost and expense of For bidding iddi pause such number and construction City to be reproduced in such of the Construction Documents described in this Agreement as may be requested by the designate. manner and by such establishment as the City may 27. Ownership of Documents. All documents including drawings and specifications prepared and furnished by Architect (and Architect's independent professional associates and Consultants) Pursuant to this Agreement shall become owned by and be the property of the City and the City shall obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented to be suitable for reuse by City on extensions of the Project or on any other project. Any such reuse,modification or adaption of such documents without written verification oradaptation by Architect for the specific purpose intended will be at City's sole risk and without liability r o legal exposure to Architect or to Architect's independent professional associates or Consultants. 28. Successors and Assi ns Assi nment. 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 Page 20 of 26 t-- 1 y a r become due under this Agreement to the Architect may be assigned by him without the ' written consent of the City. 29. 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: Michael W. Smith, City Manager City of Dania 100 West Dania Beach Blvd. Fort Lauderdale FL 33004 With a copy to: Thomas J. Ansbro, City Attorney Brinkley, McNerney, Morgan, Solomon & Tatum, LLP 200 East Las Olas Boulevard, Suite 1800 Fort Lauderdale FL 33301 To Architect: Robert McDonald, AIA, President Robert McDonald and Associates, P.A. 3301 N.E. 17'h Court Fort Lauderdale FL 33305 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. 30. Indemnification Architect shall indemnify and hold harmless City, from and against any and all losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all Court or other dispute resolution costs), liabilities, expenditures, caused by the negligent performance or failure to perform the services described in this Agreement (negligent performance includes negligently performed, negligent, reckless,willful or intentionally tortious acts or omissions of the Architect, its subcontractors and its suppliers). This indemnity includes but is not limited to claims attributable to delay damages, correction of negligently designed work, bodily injury, sickness, disease or death, or to injury or destruction of tangible property, including the work itself,and including the loss of use resulting therefrom. Payment of any amount due pursuant to this paragraph shall, after receipt of written notice by Architect from the City that such amount is due, be paid by Architect if the City becomes obligated to pay same, or the Architect agrees that he is responsible for said claim, or in the alternative, the City, at the City's option may make payment of an amount so due and Architect shaly reimburse the ity or same. s for a clm for damages brounght gaipromptn st the City by a ,third party is that the City has brehere the ached a contract or other duty to the third party,and the action or inaction which constitutes the breach,was a result of work/services which were negligently performed by the Architect under this Page 21 of 26 f R r, ' r _1 agreement,then Architect agrees,at Architect's expense, after written notice from the City, to defend any action against the City that falls within the scope of this paragraph, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action. If the claimant prevails in a lawsuit which alleged that the breach was a result of work/services which were negligently performed by theArchitect underthis agreement,then the reasonable costs and expenses of the City incurred in defending such action shall be payable by Architect. If the City requests the Architect to defend such action on behalf of the City and the City is not found liable for any damages which are expressly or impliedly claimed to be the result of the Architect's error or omission,then,the City shall reimburse the Architect all the reasonable fees and costs expended in the defense. If either the City or Architect is required to incur attorneys fees or costs to enforce this paragraph, the prevailing party in any litigation shall recover all of their attorneys fees and costs. 31. 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 and Comprehensive General Liability insurance. Such insurance shall include, but not be limited to, the following: (a) A project-specific professional liability insurance policy with minimum limits of liability of $250,000.00 ("Policy"). The Policy shall be issued by an insurance company admitted 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 two(2)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. The insurance company shall be required to issue a certificate to the City in the event of cancellation or other event which modifies any of the coverage in the Policy, as specified in subparagraph 31(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. 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. (c) Comprehensive General Liability including blanket contractual coverage applicable to this Agreement with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (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 paragraph 30. All certificates Page 22 of 26 r f ' 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 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 Comprehensive General 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. 32. Representative of Ci �c,t. (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-today 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. 33. 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. 34. Taxes. Architect shall pay 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. 35. 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. Page 23 of 26 f r -r (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. 36. Ex ertise. Architect warrants that he 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. 37. materials for he t Architectutory Compliance. Project inacco dan ewith all applicable pplicab e hall prepare rules, laws, ordinances and governmental regulations of the state of Florida,Broward County,the City of Dania, Florida and all governmental agencies having jurisdiction over the services to be provided by Architect under this Agreement or over any aspect or phase of the Project. 38. 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 liti gation Seventeenth Florida,, or the Federal District Court of the Southern f District o for Broward County, Florida and appropriate appellate courts for such venue and jurisdiction. 39. 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(%)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(%)of the amount of this Agreement as adjusted by written amendments executed by the parties. 40. Governing Law. The provisions of this Agreement shall be governed by the laws of the state of Florida. 41. No Solicitation. Architect warrants that he 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 he 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. Page 24 of 26 t- r, ' S- 7 42. 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 preventthe 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 WITNESSPF THE FOREGOING, the parties have executed this Agreement on y 1999. CITY: CITY OF DANIA BEACH, a Florida m 1 i I corporation ATTEST: I ACTING CITY CLERK C SIONER MIC CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: BY: - �/k P THOMA5J. ANSBRO CITY ATTORNEY ARCHITECT: ROBE cD NA ND ASS IAT By: Robert McDonald/Pfr4sfd6nt Page 25 of 26 f 4-- r i dp • STATE OF FLORIDA COUNTY OF BROWARD • BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Robert McDonald as President of Robert McDonald and Associates, P.A., a Florida professional association, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the professional association. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on A*a i999 1999 NOTARIAL SEAL: v Notary Public, State of Florida iftrarge n THERINEB.HABTLA - OMMISSION 1 CC T, :XPIRES:April6.200 AhwNdayftkundl GAMFILESICLIENTSIDANIAIFIRE DEPMRE STN 093-AGMT w ARCHITECT AGMT 04/02/99 Page 26 of 26 f r e� r / EXHIBIT "A" CITY OF DANIA BEACH SCOPE OF SERVICES FOR FIRE/RESCUE FACILITY PROBABLE PROJECT CONSTRUCTION COST— SCHEMATIC DESIGN PHASE 1• Scooe. This Scope of Services is based upon the construction of the Project, which is a Fire/Rescue facility, consisting of approximately 8,500 square feet with parking. The structure will be an independent structure and shall include but shall not be limited to sleeping area for ten persons, living area, locker rooms, restrooms, offices,kitchen and dining area,accessories and equipment storage rooms,workout area, oxygen and contamination area and small public lobby. The building shall contain up to three bays for the housing of fire engines and EMS vehicles. Also included will be the reconfiguration of the landscaping at grade level, as necessary, to accommodate the new structure and necessary utilities, HVAC and plumbing systems and fire protection. 2. Schematic. Based on the conclusions and requirements and the Program as approved by the City, the Architect shall proceed with the Schematic Design Phase as follows: A. Prepare architectural schematic drawings, sketches and documents to illustrate the scope and aesthetic considerations of the Project. B. Develop exterior landscaping and irrigation concepts. C. Prepare materials and systems outline forthe Project outlining the scope and quality of components/systems to be included. D. Prepare a Preliminary Project Schedule. E. Prepare a Statement of Probable Project Construction Cost to confirm the Project budget. F. Present and reviewthree(3)sets of Schematic Design Documents to Cityfor approval. Based upon City comments, incorporate any necessary revisions into the Schematic Design Documents. f r 7 F " I Contract Administrator. The Contract Administrator shall return one (1) set of Schematic Design Documents to Architect for Architect's record set for coordination with architectural and engineering disciplines. The Contract Administrator shall also return one (1) approved set of Design Development Documents to Architect for the same purpose. GAWFILESICLIENTSIDANIAIFIRE DEFRFIRE STN 993-EXHISITS.E%H 04/02/99 f r ' r EXHIBIT "B" CITY OF DANIA BEACH DESIGN DOCUMENTS FOR FIRE/RESCUE FACILITY PROBABLE CONSTRUCTION COST— DESIGN DEVELOPMENT PHASE 1. Design Development. Based upon approval of the Schematic Design Documents by the City, the Architect shall prepare Design Development Documents for the Project, consisting of the following work: A. Prepare architectural Design Development Documents to confirm the design and materials proposed and the coordination with engineering disciplines. Include plans, elevations, cross sections, wall sections, typical details and schedules. The Architect shall consider the availability of materials, equipment, and labor construction sequencing and scheduling, economic analysis of construction and operations, user safety, maintenance requirements, energy conservation, and ADA requirements, as well as any other design considerations appropriate for the proposed facility. The Architect shall consider the anticipated cabinetry requirements appropriate for the application and identify any built-in cabinetry requirements. B. Prepare preliminary structural layouts and calculations to establish member sizes and requirements. Coordinate structural requirements into architectural solutions and layouts. C. Prepare preliminary mechanical(HVAC,Plumbing and fire protection)layouts and calculations to establish system sizes and requirements, including appropriate consideration and inclusion of energy conservation measures. Coordinate mechanical requirements with architectural solutions and layouts. D. Prepare preliminary electrical (lighting, power, telephone and communication) lavouts and calculations (for electrical lighting and power) to establish system sizes and requirements. Coordinate electrical requirements into architectural solutions and layouts. E. Prepare preliminary civil engineering surveys, site/grade level layouts, topographic surveys and calculations and utility connection plans. Coordinate requirements into architectural,mechanical and electrical layouts. F. Prepare preliminary landscaping plans and coordinate with existing trees, vegetation, site and utilities layouts. f G. Prepare outline specifications for materials and systems proposed. H. Prepare an updated Project schedule. 1• Update the Statement of Probable Construction Cost for any adjustments based on the refined documents. J. Review,comment upon and provide,through the Contractor,Operations and Maintenance Manuals. K. Submit three (3) sets of Design Development Documents to City for review and approval. incorporate any necessary revisions into the Design Development documents based upon City's review and comments. GIWKILESCLIENTSIDANIATIRE DEP7IFIRE STN M93-EXHIBITS.EXH 04/02/99 L _f 1"- , F ' i EXHIBIT"C" CITY OF DANIA BEACH CONSTRUCTION DOCUMENTS FOR FIRE/RESCUE FACILITY DESIGN DEVELOPMENT DOCUMENTS 1. Construction Documents. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the Project budget authorized by the City, the Architect shall prepare, for approval by the City, Construction Documents consisting of drawings and specifications setting forth in detail and prescribing the work to be done,the materials,workmanship,finishes and equipment required for the architectural, structural, mechanical and electrical and the necessary bidding information required for the construction of the Project. Such documents shall be prepared and submitted in accordance with procedures and forms as may be prescribed from time to time by City. The Architect shall, in the preparation of the Construction Documents, take into account current prevailing codes and regulations governing construction in Broward County and the City of Dania Beach. Prior to Architect submitting the Construction Documents to City for approval, Architect shall have submitted the Construction Documents to the City Growth Management Department for review,and Architect shall review with the City and incorporate into the Construction Documents any revisions required by that Department. Architect shall: A. Prepare architectural construction drawings. B. Prepare structural construction drawings. C. Prepare mechanical (HVAC, plumbing and fire protection) construction drawings. D. Prepare electrical construction drawings. E. Prepare site/utility connection construction drawings (as an Additional Service to be rendered by Architect's civil engineers). F. Prepare landscaping and irrigation construction drawings. G. Prepare technical specifications. Specifications shall follow C.S.I. (Construction Specification Institute) format, combined with standard City forms and procedures. f r it- 7 I' 7 H. Submit to City final Construction Documents. Construction drawings shall be Prepared using a Computer-Aided Drafting (CAD) System compatible with the City's existing CAD systems(AutoCad 14. DWG file format). In addition to reproducible mylars, Architect shall provide the complete set of drawings in CAD format on 3-1/2" diskettes. Drawings shall be compatible with City Drawing requirements. Drawing size shall be 24"X 36". Specifications shall be submitted on paper and diskette in format compatible with Word Perfect for Windows. I. The City shall review the Construction Documents submitted by Consultant and provide to Consultant in writing, any questions or concerns which Architect shall reviewwith City,and Architect shall incorporate any necessary revisions into the Construction Documents. J. The City's review of documents as provided in this Agreement is meant to insure general conformance with project goals and may not involve detailed review of technical design. City's review and approval of design and construction documents shall in no way relieve Architect of design responsibility and liability. GiWPRI-ESICLIENTSIDANIAIFIRE DEPWIRE STN C93-EXHIBITS.EXH 04/02/99 f r ' T 7 CITY OF DANIA BEACH CONSTRUCTION DOCUMENTS FOR FIRE/RESCUE FACILITY BIDDING AND CONSTRUCTION ADMINISTRATION PHASE Architect shall prepare and submit to the Contract Administrator and the City Attorney all recommended bidding documents,recommendations forthe Construction Agreement and Specifications. G:IMFILESICLIENTSIDANIAIFIRE DEPTIFIRE STN M93.EXHIBITS.EXH 04/02/99 f r 7 rl 02/22/1999 1E:00 0 GOLD COAST PA13E 04 r DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH,FLORIDA SCOPE OF SERVICES AND PROFESSIONAL FEES 2 BASIC A1E SERVICES (Construction Cost Related) S8b,S00.00 Architectural Design Structural Engineering Design Plumbing Engineering Design Heating, Ventilation, A/C Design Electrical Engineering Design For: Project Administration SchOME*Design Design Devebpment Cormuction Documents Bidding Constauction Contract Administration Post Construa0on SITE PLAN, LANDSCAPE & IRRIGATION DESIGN S 9,800.00 (Construction Coat feinted) Project Administration Conceptual Design/Complianoe w/Landscape Ordinance Design Development / Probable Construction Cost Construction Documents/ Probable Construction Cost Construction Administration Printing Cost : ( Not Construction Cost Related) S 799.20 Schematic Design - 3 sets of plans 136.80 Design Development-3 sets of plans&specs 417.60 Construction Doc. - 1 set of plans on mylar 244.80 Plans on Auto Cad Spec.on Word Perfect 1 set of specs.on paper Presentation and Meeting Cost: t: 90.00 ( Not Construction Cost Related) 2 Planning and Zoning Meetings 600.00 1 Commission Meeting 300.00 ROBERT MCDONAIO AND ASSOCIATES.P.A. PAGE 1 OF 6 EXHIBIT "B" FEB-22-1999 16:52 0 P.04 L .. d I8 r, ' r 7 02/22/1999 16:eo 0 GOLD 1'045T PAGE 05 DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA ADDITIONAL SURVEYING AND CIVIL SERVICES • SURVEYING ( Not Construction Cost Related) Pmiw Adrninistration ; S,g60.00 TOPDUMphk Survey Malhmanzed SRO Plan • CIVIL ENGINEERING DESIGN SERVICES ( Construction Coat Related) $16,128.00 PrOJOCI Administration Schematic Engineering Plana ProW1519 Conmialon Cost Final Engineering Plana Water DwNillon Santary Dire waj PavAg,Gradtng&Drainage Signing and Pavement MarWnge Perotnting Water Dletrlbution Sanitary Disposal Paving,Gmdng,Drainage PmbaWe Conslnx i m Cost Constnrcilon Administration Shop Drawsgs Site Viso$ InaMlon&Test Final CarlNkation PROFESSIONAL FEE (RELATED TO CONSTRUCTION COST ITEMS.) $111,428.00 • ��CTURAL LANDSCAPE,AND CIVIL ENGINEERING (NON RELATED CONSTRUCTION COST ITEMS) • SURVEYING,TOPOGRAPHIC&MATH D SITE PLAN • s 1,Ws.20 s --L4 ac TOTAL FEE $118,587.20 ROSE-FIT MCDONALD AND ASSOCIATES, P.A. PAGE2OF8 FEE-22-1999 16:53 0 P.05 1- f 7 F ' 02/22/1999 H:00 0 GOLD COAST PAGE H DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH,FLORIDA OpTtONAL ADDITIONA ¢t:n nr•eg For SsnMa Sswer, Traffk Control Sl nal, Plettln ) • SURVEYING SERVICES (Not Conatruetl0n Cost Related) S 6,284 Project Administration Olfsite Force Main Traffic Control Signal Interconnect • PLATTING SERVICES (Not Construction Cost Related) 514,688 Project Administration Plat Survey preparation Plat Document Preparation Plat Processing Plat Recording Plat Diskette • CIVIL ENGINEERING AND DESIGN SERVICES (Construction Cost Related) SANITARY SEWER DESIGN Project Administration !t t,2eo Sanitary Sewer Pump Station & Force Main Permitting Probable Construction Cost Construction Administration and Certification of Sewer Force Main SIGNAL DESIGN AND TRAFFIC CONTROL $12,000 Project Administration Emergency Signal Design and Permitting Emergency Traffic Control (Signal Interconnect Design) Construction Administration and Certification Of Signalizadon Total Civil Engineering Design Services (Conslrucllon Cost Related) i 26,280 ROaERT MCDONALD AND ASSOCIATES, P.A. PAGE 3 OF 8 FEB-22-1999 16:53 0 P.06 L .. f nr r, T 7 02/22/1999 LE:00 p GOLD COAST PAGE 0? S / DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH,FLORIDA OPTICiNAL ADDITIONAL SERVICES - CONTINUED For Sanha Sower, Traffic Camrol SI nal PM ttn i I • l�-RELe►1'!:'o roNsrw��rr�n. EMERGENCY SIGNAL WARRANT STUDY ® SW 30 AVENUE Thl3 Rem 16 a Non Related Conanudgn Cc®t ham. 11 Warram S i 3,600.00 fG*W by COunty,no w o*on SWW Deep or Ir4o=nw Md Dealgn SUREYING SERVICES PLATTING SERVICES $ 8,264.00 t 14.Rea.nn TOTAL (NON RELATED CONSTRUCTION COST ITEMS) S 24,732.00 TOTAL (OPTIONAL ADDITIONAL SERVICES) $ 46,012.00 ROBERT MCDONALD ANO ASSOCIATES,PA. PAGE 4 OF 6 FEB-22-1999 ic,:c5Z 0 P.07 1- 1 f L .J r, T 7 1 02. 22/1999 L6 AST:©0 0 GOLD CO PAGE BB DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA Er=wz= PROFESSIONA LANDSCAPING LANDECIVILRENGINEER NG-DESIGN CHITECTURAL $ 111,428.00 (Related to Con6inxAbnn CON Items) PROBABLE CONSTRUCTION COST $1,348,828.70 PROFESSIONAL FEE % (Related to ConslrWbn Cost hems) 8.2 7% (NON RELATED CONSTRUCTION COST ITEMS • PRINTING,PREBENTATION AND MEETING COSTS 0 SURVEYM-TOPOGRAPHICAMATNMATVEDSREPLAN $ 1,69999.20 --�.om TOTAL FEE $118,587.20 ROBERT MCDONALD AND ASSOCIATES,P.A. PAGE 5 OF 8 FEB-22-1999 16:54 0 P.08 .f r y v 7 02/22/1999 te:OD 0 GOLD COAST PAGE P? ■ DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA SUMMARY OF PR0Bg9LE C0NS7RUC710N COST PRAFESSIONAl, FEE3 CONTNUED �L'77.0NAL ADDlTIONA! oru ,. PROFESSIONAL FEE Civil i iiltroigearing Design:Sanitary Sewer Traffic $ 23,280.00 ((Related 10 Construmlon Con Mems) PROBABLE CONSTRUCTION COST � 275,000.00 PROFESSIONAL FEE % (Related to Construction Coat Rama) 0.46 % No.�LATED f'ONCTRLtt�TlOh OST tte ,r • EMERGENCY WARANTY STUDY S 3,500.00 • SURVEYING SERVICES for pOBtie Force Main and Traffic Cmn)I Signal and InIer00nnect. $ 6.254.00 • PLATTING SERVICES for Plat Survey Document PfOW811011,PRmsing,Raaorduq and Diskefte. S 1-- I fil ` TOTAL OPTIONAL ADDITIONAL SERVICES S 48,012.00 NOTE: OWNER TO MAKE DECISION REGARDING OPTIONAL ADDITIONAL SERVICES TO BE ADDED TO THEAGREEMENT ROBERT MCDONALD AND ASSOCIATES,P.A. PAGE 8 OF 8 FE6-22-1999 16:54 0 P.09 l ' r -t 02i22/1999 16:00 0 GOLD COAST PAGE 10 DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA ` HISTORICAL COST OF FIRE / RESCUE STATIONS 3� COST PSR S F 1990 $86.35 1991 88.30 1992 89.80 1993 91.85 1994 93.95 1995 97.95 1996 103.00 1997 104.55 1999 106.85 1999 (PROJECM) 109.41 SMIMAR , Average yearly increase.... $2.56/ s.f. Average percentage increase....2.62% * SOume: Means Construction Cost Data Dodge Construction Cost data ROBERT MCAONAIA AND ASSOCJATES,P.A. PAGE 1 OF I FEB-22-1999 16:54 0 P.10 L h T 7 02/22/1999 16:00 0 GOLD COAST PAGE 11 DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA ESTIMATE OF PROBABLE CpNSTRUCTlOt3 COST IN 1888 Net Square Foot Footage 8500 S.F. Gross Square Foot Footage 9775 S.F. PrOJected Square Foot Cost $109.41 Building Cost $1,069,482.70 On-Site Civil Cost and Median Work $ 185,000.00 Landscape and Irrigation Cost (By Landscape Code) S --Qsum m Total Probable Construction Cost in 1999 $1,346,828.70 ROBERT MCDONALD AND ASSOCIATES,P.A. PACE 1 OF 1 FEB-22-1999 16:55 0 P.11 L f F"- R r, T "1 F 02/22/1999 16:D0 0 GOLD COAST PAGE 12 i DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA ESTIMATE OF PRnRA9LE CIVIL CONSTRUCTION COST SITE PREPARATION $10,000 (INCLUDES CLEARING AND GRUMNO ONLY) (REQUIRED FILL IS UNKNOWN) PAVING AND GRADING 75,000 DRAINAGE 50,000 WATER AND SEWER 35,000 (SEPTIC TANK SYSTEM) MEDIAN WORK 15.00 (S.W.30TH AVENUE) ESTIMATED TOTAL $185,000 ROBERT MCDONALD AND ASSOCIATES,P.A. PAGE I OF I FEB-22-1999 16:55 g P.12 L t-- ' r 't 02/22/1999 15:p0 p IGOLD COAST PAGE 13 DANIA BEACH FIRE RESCUE STATION NO. 93 DANIA BEACH, FLORIDA E: ESTIMATE OF PROBABLE LANDSCAPE AND IRRIGATION COST IRRIGATION 73828 S.F. @$,50 ST. AUGUSTINE SOD $38,914.00 73D28 S.F. 0)$,28 $20,971.84 TREES 61 @$270,00 $16,470.00 SHRUBS 500 @ $ 12.50 ELEC. SERVICE IRRIGATION $ 6,250.00 ,fc 2.4QQ,p(I TOTAL CONSTRUCTION $82,305.00 CONTINGENCY- 10% PERMITS.2 % $ 8.230.60 1-8ma GRAND TOTAL $92,346.21 NOTE: OUANITITES AND COST BASED ON DANIA BEACH LANDSCAPE ORDINANCE ROBERT MCDOIVA►D AND ASSOCIATES,P.A. PACE 10F 1 FEB-22-1999 16:rq P.13 f Y r f 7 02!22/1999 16:DD 0 GOLD COAST PAGE 14 DANIA BEACH FIRE RESCUE STATION NO.93 DANIA BEACH, FLORIDA ESTIMATE OF PROBABLE CONSTRUCTION COST FOR SANITARY SEWER, SIGNAL DESIGN AND TRAFFIC CONTROL SANITARY SEWER Sanitary Sewer Pump Station and Force Main t 133,000 SIGNAL DESIGN AND TRAFFIC CONTROL Emergency Signal 8 95,000 Emergency Signal Interconnect tea. noo Total Probable Construction Cost $ 275,000 NOTE: The above oalirnates two been verified by local Siorml and Sankary Irrelallatbn General Coreramors. ROBERT MCDONALD AND ASSOCIATES, P.A. PAGE 1 OF 1 FEB-22-1999 16:55 0 P.14 4- f 7-- ■ r T "1 f i / 02/22/1999 16:00 0 GOLD COAST PAGE 01 i ROBBRTMCDONAM AND ASSMATES,P.A. Atrhitect= / / IntedorDeslgn 3301 ME 1TrH COURT FORT LAUDERDALE,FLORIDA r 954-563-6225 FAX:954-563-6227 FAX MEMORANDUM DATE: February 22. 1999 TO: Mr. Michael Smith FAX: $21.2904 City Manager 14 P�®�s� City of Dania Be h i FROM: Robert McDonald,A Robert McDonald as ssocls tes, P.A. RE: City of Dania/Fire Rescue Station No. 93/A/E Proposal aa:axaasdasaaaaaaaxaaxrcsexxaaaass=axsa=ssxasaaaaata=exaaatra This memo Is in response to a request from Ken Koch,that we submit a revised fee proposal to you, Transmitted,for your use, please find copy of our proposal submitted to Ken Koch on 2/19/99. After meeting with our consultants and renegotiating our fees,we were able to make a total deduction of $18,232.00 from our original submittal. In addition, we have removed the following from the cost of our proposal; programming Services, Acoustical Engineering Design and Design for CPTED requirements, which is an additional $14,700 reduction to the City. We also had reduced an A/E fee that we coordinated with our structural and mechanicaVelectrical engineers, In December, from $96,450 to the present $85,500 amount or a reduction of 10,950 in total A/E Basic Services. Thus we were suooessful in reducing our A/E fees, as requested,and were able to stay at, or slightly above, an 8% fee range based on construction cost, and meeting that range with a lump sum not to exceed basis. See Page 5 of 6 and Page 6 of 6 of our proposal. As you can see, by the amount of dollars we have been able to take out of our proposal, our entire team wants very much to accomplish this project for the City of Dania Beach. I would like to point out that any one or all of the Optional Additional Services; Sanitary Sewer, Traffic Control Signal and/or Platting can be added to our Agreement, at any time, should the City decide to add these services to our Agreement. Our Proposal outlines the professional fees for all of these Optional Additional Services on Page 3 of 6 and Page 4 of 6. FED-22-1999 16:51 0 P.01 f 02/22/1999 10:00 0 GOLD COAST PAGE 02 Page two Mr. Michael Smith February 22, 1999 Upon submittal of our revised proposal to Ken Koch on 2119/99, it is our understanding that Mike Brown has requested that we reduce the fee an additional $10,000 without any indication in change of Scope or Services. In our opinion, and by the Standards In the Construction Industry,our present proposal is competitive and fair and we have stayed within or slightly above the 8% fee range, based upon construction cost, as Initially requested of us.However,if the City finds it necessary to make an additional $10,000 fee reduction, please call my office so that we may discuss how we might adjust the scope of work or reduction In services to mast this new reduction. We are most anxious to proceed and accomplish with this project forthe City of Dania Beach, as soon as possible. We will await hearing from you upon your review of our proposal. Thank you for your time and effort expended on this project. CC: Mr. Ken Koch- (Without attachments) FES-22-1999 16:51 0 P.02 L 1 L _ r, r -r 02/22/1999 1fi:00 0 GOLD COAST PAGE 03 ROBBRT MCDONALD AND ASSOCIATES, P.A. AmI itwa ne /Planning/ fi*z irDcaign i 330113.B. 17TH COURT FORT LAUDERDAL&FLORMA TEL, 954-563-6225 i FAX: 954-563-6227 FAX MEMORANDUM DATE: February 18, 1999 TO: Ken Koch, Building Official FAX: 022.2087 City of Dania Beach, 12 Page(s) FROM: Robert McDonald,AIA Robert McDonald & Societe$, P.A. 1 RE: Dania Beach Fire/Rescue Station#93/ Professional Fee Proposal and Probable Construction Cost =:5aeaaasaa=amsmmaanapmaa==eaaaa=aaaameaeaaxa=aaa=aaaaaa.a Ken: Transmitted please find the Proposed Professional Fee Structure and Probable Cost Estimates for the above mentioned project. We have Included the following: Fees related to Construction Cost Fees not related to Consmiction Cost. Summary Sheets of Probable Construction Cost Professional Fees for Basic and Additional Scope of Work, according to our Agreement. Optional Additional Services for Sanitary Sewer, Traffic Control Signal and Platting Services, with required survey work for these disciplines. We have caIculated the%amount of fee related to Construction Cost,and in all cases the lump sum amounts for fees fall right at,or sightly above, 8% of the Construction Cost. To the best of my knowledge, we have met all of your criteria in this Proposal. lam available to most with you this afternoon regarding this proposal. We are anxious to proceed whh this project as soon as possible, as I know you are. Ken, I would appreciate a call confirming receipt of this fax. Thank you. i FEB-22-1999 16:52 0 P.03 L