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1996-16 Agreement Michael Shiff & Assoc for Design-Const of Municipal Center RESOLUTION NO. 96 - 16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH MICHAEL SmFF & ASSOCIATES, INC. FOR THE PROVISION OF CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF THE CITY OF PARKLAND MUNICIPAL CENTER; CONTAINING AN EFFECTIVE DATE. WHEREAS, the City of Parkland has advertised for letters of interest for the provision of services related to design, and development of bid specifications, review of bid specifications, assistance in the award of a contract for development of, and construction phase services related to the "Turn Key" development of the Parkland Municipal Center; and WHEREAS, Michael Shiff & Associates, Inc. has been selected as a successful proposer; and WHEREAS, the City Commission believes that the attached contract with Michael Shiff & Associates, Inc. is in the best interests of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The Agreement between the City of Parkland and Michael Shiff & Associates, Inc. is hereby approved and the Mayor and City Manager are hereby authorized to execute same. Section 2. This Resolution shall become effective upon adoption. Date Adopted: May 22 , 1996. (SEAL) CITY OF PARKLAND, FLORIDA ATTESTED: '-~__ a~~ SUSAN ARMSTRONG, CITY C . ~ S PAOLI YOR AGREEMENT Between THE CITY OF PARKLAND and MICHAEL SHIFF & ASSOCIATES, INC. CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF CITY OF PARKLAND MUNICIPAL CENTER This Agreement is entered into by and between the City of Parkland ("City") and Michael Shiff & Associates, Inc. ("Consultant") as follows: WHEREAS, the City has advertised for letters of interest for the provision of. services related to design, and development of bid specifications, review of bid specifications, assistance in the award of a contract for development of, and construction phase services related to the "Turn Key" development of the Parkland Municipal Center; and WHEREAS, Consultant has been selected as a successful proposer; and WHEREAS, Consultant is aware of the City's general concept for the Municipal Center, has visited the site and conducted such examination of the site as are necessary to determine the scope of the Project and its requirements and heard comments from City staff and the City Commission relative to its desires for the Project; and WHEREAS, Consultant is aware of the desire of the City to provide for a contract with Consultant with no additional architectural costs; and WHEREAS, the Municipal Center Complex (hereinafter alternately referred to as the Project) shall consist of a completed and fully functional administration building (approximately 15,000 square feet), a completed master site plan for the entire municipal center (including the administration building and all buildings and structures on the master site plan and a landscaping plan for the site, as well as a layout for the parking facilities and ingress and egress to the site). This entire group of responsibilities shall be alternately referred to as Basic Services and General Design Services. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. The above recitations are true and correct and made a part hereof. SECTION 2. The Consultant shall provide the following services as dermed in Exhibit "A" Scope of Services. 1 SECTION 3. City's Responsibility: 1. The City shall provide all relevant information at its disposal to the Consultant to assist the Consultant in the development of its required work under the contract. The Consultant may request other information in the City's possession which it deems relevant to its task as set forth herein. The City shall also furnish, all boundary, right-of-way and utility surveys; easement and right-of-way descriptions; soil borings; probings and subsurface exploration; hydrographic surveys; laboratory tests and inspections of samples of materials in its possession. 2. The City shall provide input to Consultant with respect to all submissions and proposed specifications and shall direct the consultant as to the proposed program of improvements, criteria for their use and construction budget information. 3. The City shall guarantee access to and make all necessary provisions for Consultant to enter upon public lands as required for Consultant to perform his work under this contract. 4. The City shall examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by Consultant and shall render in writing decisions pertaining thereto in order to provide general direction to Consultant within a reasonable time so as not to unreasonably delay the work of the Consultant. Approval of a sketch, estimate, report, study, drawing, proposal or other document shall not constitute a professional opinion by the City or relieve the Consultant from any responsibility for defects in the work performed by Consultant under this Agreement or serve as a defense by Consultant in any action for defects in any sketch, report, study, drawing, proposal, or other document or other work product. Approval of any design by City shall constitute authorization by City to proceed based upon said design. 5. The City shall advertise for proposals from bidders to construct the Municipal Center or part thereof, open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided, however, nothing herein shall obligate City to execute a final construction contract or to construct the project; provided further the City reserves the right not to move forward with the bidding procedure. 6. The City shall provide such legal, financial, accounting and insurance counseling services as may be required for the Project. 7. The City shall designate in writing a person to act as City I S representative or to act for the City Manager where approvals and authorizations are required by the City Manager with respect to the work to be performed under this contract; such person shall have the complete authority to transmit instructions, receive information, interpret and defme City's policies and decisions with respect to the work covered by this contract. 8. The City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the Project. However, City shall be under no obligation to 2 inspect, analyze, or otherwise confirm the accuracy of any sketch, drawing, specification, plan, proposal, or other document or other defect or their nonconformity with the Contract documents in the project or to inspect the Work for defects or nonconformities; the failure of the City to discover any defect shall not serve as a defense for the Consultant, its subconsultants, and those whom it employs in the work in any action against Consultant for breach of Consultant's contractual duty or negligence. 9. The City shall be the applicant for all approvals from all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 10. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional services as stipulated in Exhibit "C"; attached and made a part hereto. SECTION 4. Termination 1. This Agreement may be terminated by the City upon 30 days notice to Consultant without cause, Consultant may not terminate this Agreement except upon a breach by the City which is not cured upon 30 days notice to City. Further this Agreement may be terminated by mutual agreement at any time or, if for a period of 2 years no work shall have been required or performed hereunder this contract shall be voidable at the option of either party. In the case of any termination the Agreement shall immediately terminate, provided Consultant shall have been paid for work performed up to the date of termination. This contract may be terminated by City for cause on fifteen days notice. 2. If this Agreement is terminated for any reason, then Consultant's sole remedy (except as additionally provided in Section 4(3) below) shall be payment for all work performed in accordance with this agreement to the termination date, provided it delivers to the City a copy of all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents to. provide the City with the work product for which Consultant was paid. All said studies, reports, sketches, estimates, specifications, drawings, proposals and other documents shall be the property of the City for use as the City sees fit, provided that Consultant shall not be responsible or liable for any causes of action related to changes in or alterations to its work product. 3. Upon termination resulting from no fault of the Consultant, a reasonable termination payment shall be paid to consultant in addition to the payment for work performed in accordance with this agreement to the termination date; said fee shall be limited to direct, out of pocket costs incurred by Consultant in terminating its participation. SECTION 5. Consultant's COlI\Pensation Consultant shall be compensated as defined in "Exhibit B" Basic Services Compensation and Exhibit "C", Additional Services. Payment for Additional Services shall be as set forth in Exhibit 3 "D". SECTION 6. General Terms 1. This Contract shall in no case be assigned by Consultant except for approved subconsultants for structural, MEP engineering, and irrigation system design or other service not related to architectural or landscape architectural design, all of whom shall be considered subconsultants under the charge of Consultant. 2. By execution of this contract, Consultant accepts full responsibility for performance of all conditions thereunder. Consultant assumes complete responsibility for the work of all entities or persons whom it retains, employs, or associates in the performance of the work set forth herein. If Consultant uses the services of any subconsultants, or other parties, or associates with any other entities or parties on the performance of the work required hereunder the use of such parties or entities or persons, or any negligent errors or omissions of those subconsultants, entities or persons retained by Consultant shall not be a defense for lack of performance or any other cause of action related to the work. The failure to perform of any subconsultants, or other parties or entities or persons having a contractual or other relationship with the Consultant (or its subconsultants) shall not be a defense by the Consultant in any action by the City against Consultant or in any action where City claims that there is a defect in the work set forth herein; Consultant shall be fully responsible for the actions of all persons with whom it contracts in the participation of the work performed herein. The City's right to damages shall not be limited to the cost of the services, but shall include the right to actual damages which are the proximate result of any negligence or breach of contract by Consultant. However nothing contained herein shall prohibit City from seeking damages from any other responsible parties. SECTION 7. Quality of Work Consultant shall provide a quality of work which shall provide competent and professional design, specifications, contract documents, and construction phase services to the standard of the architectural profession and such other professions involved in the project, as fully intended for the purposes as set forth by the City and as set forth herein, and as would be expected of such a Municipal Center facility. It shall be Consultants's responsibility to review documents available relating to the Project, to review the site and site conditions, and to take any action which would be reasonably expected to provide the Consultant with knowledge necessary to develop a design and specifications, and follow through in the nature of construction phase services which will yield the result intended by the City, that result being, a fully functional, properly designed Municipal Center Complex and as set forth in the latest addition to the South Florida Building Code, and the City Minimum Construction Standards, any other relevant design and construction standards applicable to the Project (and projects of this type), and any modifications as may be 4 approved in writing by the City Manager. SECTION 8. Work Products ReQJ1ired Following the time schedule established by the City below, the Consultant shall provide at no additional cost to the City the following interim and fInal products: 1. Plans shall be sufficiently detailed at an appropriate scale to provide a clear and accurate means of bidding and presentation. Included on the plans must be all pertinent details, tables, schedules, sections, elevations, and plans as appropriate to convey the design intent; "As Built" plans for the entire project shall be provided prior to fInal payment. 2. 3.5" computer disks labeled with Project name, date, and Consultant's name including: a. The design ftle(s) used to print the contract document prepared on Microstation or dxf fIle on AutoCad ready to import using the layers defIned by the City. Layer assignments may be altered upon recommendation of Consultant and written approval from the City Manager. b. The plot fIles used to print the contract document prepared on Microstation or dxf ftle on AutoCad ready to import using the layers. c. Technical specifIcations and for the project prepared on Word Perfect 6.0 or other program compatible for import. d. Project information including cost estimates, preliminary analysis and correspondence as requested by the City Manager or his designee. 3. Estimate of probable construction in order to achieve the projected budget. 4. Technical specifIcations for the project typed on 8 Ih x 11 single-sided, white bond paper to co-ordinate with "front end" specifIcation to provide a complete bid packet. Typical "front end" specifIcations will be provided by the City. The City will prepare the necessary documentation for the "front end" bid documents and the Consultant shall review for the purpose of coordination with the technical specifIcations . 5. Proposed Schedule of Work including preliminary meeting dates and anticipated completion schedule to meet City needs. 5 6. Report, tabulate the bid and assist the City in its analysis of the bid proposals. SECTION 9. Time For Completion Time for completion shall be as set forth in Exhibit "F", which shall be binding on Consultant, except where delays are caused beyond the control of Consultant, or due to revision of the program of improvements or, design criteria which causes Consultant to revise previously approved and completed work subsequent to Phase 1.2.2. SECTION 10. Ownership of Work Product All work product as described above and as otherwise developed by Consultant shall be the property of the City. The City may use or distribute such work product in any way it deems appropriate. If such work products are modified or altered by the City or anyone else for any use other than their intended purpose the City shall indemnify and hold the Consultant harmless and shall defend the Consultant against any and all claims, causes of action or liability resulting from any such modification or alteration to Consultant's work product to the extent permitted by law. SECTION 11. Indemnity Consultant indemnifies and holds the City harmless and shall defend the City against any claims, causes of action, judgments or liability of whatsoever nature related to patent or copyright infringement related to the work designs and work product submitted pursuant to this Agreement, or any claims, liability, judgments, or causes of action related to the negligent acts, errors or omissions in the designs, or work product submitted or work performed by the Consultant, its subconsultants (and their employees), its employees, pursuant to this Agreement. This section shall survive the completion of the project. SECTION 12. Performance All work performed by the Consultant, subconsultants or those employed by consultant shall be of a professional quality which is the standard of the Architectural Profession and any other professional standards for other disciplines of any other subconsultant or other parties employed by Consultant, and shall comply with the specific provisions contained herein. SECTION 13. Insurance Consultant shall comply with the insurance provisions defined in "Exhibit G". SECTION 14. Construction Budiet The City's Budget for the construction of the Municipal Complex is $1,600,000.00 for the 6 completion of the Project. Consultant shall design the program of proposed improvements to conform with the budget as determined by the City, including use of Bid Alternates (and shall make appropriate design modifications to achieve this budget). Consultant is acknowledged not to be responsible for failure to receive responsive bids. Based upon recommendations of the Consultant City may direct the Consultant to delete items from the program of proposed improvements if cost estimates provided by Consultants indicate that construction costs will likely exceed the construction budget. Any material change in the construction program or design after formal approval of the design in phase 1.2.2, as directed by City, may warrant an increase in compensation as may be mutually agreed if said change materially alters and increases Consultant's work. It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that compensation should be increased and to demonstrate that any change materially alters its responsibilities; any disagreement in this regard shall be resolved by arbitration pursuant to Chapter 682, Florida Statutes, through an arbitrator supplied by the American Arbitration Association according to its procedures. No such dispute over compensation for additional responsibilities shall serve as a basis for suspension of work or refusal to undertake the modified work by Consultant. SECTION 15. COMPENSATION FOR ADDITIONAL SERVICES Any change in a design formally approved by the City Commission subsequent to the design development phase 1.2.2, may warrant an increase in compensation as may be mutually agreed if said change alters work approved by the City and completed by Consultant (provided same are not the result of errors or omissions of Consultant). See Schedules C & D relative to Additional Services which sets forth the guidelines for said services and compensation for said services. It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that compensation should be increased and to demonstrate that the above conditions occurred; any disagreement in this regard shall be resolved by arbitration pursuant to Chapter 682, Florida Statutes, through an arbitrator supplied by the American Arbitration Association according to its procedures. No such dispute over compensation for additional responsibilities shall serve as a basis for suspension of work or refusal to undertake the modified work by Consultant. SECTION 16. NO WORK STOPPAGE AS A RESULT OF DISPUTES: NO PAYMENT OF INTEREST BY CITY No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as provided under Section 4, Termination, paragraph 1. However, disputes as to the proportion of work complete or rights and additional compensation shall not obviate the requirement of City to pay the amount it believes is reasonably due Consultant. Non-payment within 30 days of non- disputed invoices shall be considered breach of contract under this agreement. SECTION 17. NOTICES All notices required herein shall be in writing and either hand delivered or mailed certified, return 7 receipt requested, to the following person at the address listed unless changed by written notice: CITY: CITY MANAGER CITY OF PARKLAND 6500 P ARKSIDE DRIVE PARKLAND, FLORIDA 33067 CONSULTANT: MICHAEL SHIFF & ASSOCIATES, INC. 2701 WEST OAKLAND PARK BOULEVARD, SUITE 300 FORT LAUDERDALE, FLORIDA 33311 SECTION 18. DAMAGES Nothing shall prohibit City from bringing an action and obtaining recovery against Consultant for all damages resulting from Consultant's negligence or breach of contract whether economic, noneconomic, tort, or contract in nature. Any action for damages shall be limited to actual damages incurred by the City as a proximate cause of the Consultant's breach of contract or negligence. It is acknowledged that these damages are not limited to the Consultant's fee. Without invalidating the Contract, the City may at any time, by a written order, and without preliminary notice to the Surety, order extra work within the general scope, or alter the work by addition or deduction, and the Contract price shall be adjusted by appropriate change order (pursuant to the provisions of Exhibit D). Notwithstanding anything contained herein to the contrary, the Consultant shall not be entitled to any increased compensation for work on the Project unless the City acknowledges the right to said increased compensation prior to the conduct of any work. SECTION 19. COMPLETE AGREEMENT This is the complete agreement between the parties and no alteration hereto shall be given affect unless contained in a written agreement executed with equal dignity. SECTION 20. EFFECTNE DATE This agreement shall be effective on the date the last party affixes its signature hereto. 8 EXHIBIT A - BASIC SCOPE OF WORK 1.0 BASIC SERVICES The CONSULTANT'S Basic Services shall consist of the five (5) phases described below and shall include normal architectural, landscape architectural, mechanical and electrical engineering services for the design and engineering services for the improvements to achieve a "turn key" job excluding furnishings. The project which CONSULTANT shall design shall consist of a fully functional administrative building (approximately 15,000 square feet), a completed master site plan for the entire municipal center on the ten acre site, all parking, and landscaping to serve the administrative building. 1.1 GENERAL DESIGN SERVICES After written authorization from the City Manager or his designee to proceed, the Consultant shall review all material and documents previously assembled or prepared by the City, or others retained by the City for the Project with the purpose of becoming familiar with the objectives and intent of the City and the scope of the Project. The Consultant shall meet with the City during a two day charette and at other times to establish a Master Plan, a program of proposed improvements, and site plans, including the administration building and all buildings and structures. Consultant shall work with City to develop the design elements of the Project based upon input provided by City at meetings with City staff and the City Commission. 1.2 MASTER PLANNING PROGRAMMING AND SCHEMATIC DESIGN PHASE 1.2.1 Based on a mutually agreed upon program of consultation and public meetings, the CONSULTANT shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of project components described in 1.0 and 1.1 and described as the Basic Services and General Design Services for approval by the CITY. The City may request changes to the plan which Consultant shall cause to be incorporated into the design and specifications. 1.2.2 The CONSULTANT shall submit to the City a written Statement of Probable Construction Cost. 1.3 DESIGN DEVELOPMENT PHASE 1.3.1 CONSULTANT shall undertake the necessary review of the site to accomplish the requirements set forth herein. 1.3.2 The CONSULTANT shall prepare from the approved Schematic Design Phase, for approval by the CITY, the Design Development Documents consisting of drawings and 9 other documents to fIx and describe the character of the entire project (described in 1.0 and 1.1) as it relates to the architectural, structural, mechanical and electrical disciplines, materials and such other essentials as may be appropriate. 1.3.3 The CONSULTANT shall submit to CITY a further written Statement of Probable Construction Cost. 1.3.4 Consultant shall work with City to develop the design elements of the Project based upon input provided by City at meetings with City staff and the City Commission. If any changes are required, they shall be incorporated by Consultant in the specifications, drawings, and other necessary documents. Requests for material changes to the design after written City approval at this stage shall be subject to the provisions of Exhibit C and D (except where changes are the result of errors or omissions of the Consultant). 1.4 CONSTRUCTION DOCUMENTS PHASE 1.4.1 The CONSULTANT shall prepare from the approved Design Development Phase Documents, and any further adjustments in the scope, quality, or budget for the project (subject to Exhibit C and D), for approval by the CITY, Drawings and SpecifIcations setting forth in detail the requirements for the construction of the Project including the necessary bidding information and assistance to the City in its completion of the bidding forms to be provided by CITY, which includes such items as the Conditions of the Contract, and the form of Agreement between the CITY and the Contractor, to satisfy the requirements of the CITY'S Manager and City Attorney. 1.4.2 The CONSULTANT shall advise the CITY in writing of any adjustments to previous Statements of Probable Construction Cost or construction schedule indicated by changes in requirements or general market conditions. 1.4.3 The CONSULTANT shall arrange for and attend all necessary meetings, provide permittable construction documents, and aggressively strive to resolve all problems inherent to review and fIling of the required documents for the approval and permits of governmental authorities having jurisdiction over the project in order to comply with the regulations in effect at the start of this phase of the work. . 1.4.4 The CONSULTANT shall structure the Bid Documents in a manner to include sufficient alternates for construction so as to strive to ensure that the bids received will not exceed the funds available for the Project. 1.5 BIDDING OR NEGOTIATION PHASE 1.5.1 The CONSULTANT, following the CITY'S approval of the Construction Documents ("Construction documents" shall mean the entire contract for construction, 10 including all addendums or alterations thereto, (drawings and technical specifications) and of the latest Statement of Probable Construction Cost, shall assist CITY in obtaining, evaluating, awarding and preparing construction contracts. Consultant shall also work with the City in any negotiations aimed at reducing the price of the contract to meet the expected construction cost set forth in Section 14; this may include design modifications which shall be a Basic Service. Should the construction cost set forth not be attainable through selection of bid alternates and the City decides not to award the bid to the lowest responsible bidder, Consultant shall work with the City on any necessary agreed upon redesign and provide the services set forth herein in any rebid of the contract. This shall be part of the Basic Services. 1.5.2 The CONSULTANT will prepare bid packages and release them to contractors and assist in the selection of a contractor. Services include but are not limited to, a review of contract proposals, review of contractor's submitted credentials, subcontractor's submitted credentials, to assist the City in their selection of a contractor. 1.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.6.1 The Construction Phase will commence with the Notice of Commencement and will terminate when the fmal application for payment is due the Contractor (defmed as the party awarded the contract to construct the Project) and is approved by the City. This contract shall provide basic services during the entire construction phase, which time for completion will be established at approximately 13 months in the contract for construction. 1.6.2 The CONSULTANT, as the representative of the CITY and as administrator of the Contract during the Construction Phase, shall advise and consult with the CITY and all of the CITY'S instructions to the Contractor shall be issued through the CONSULTANT. The Consultant shall hold necessary pre-construction meetings and other job progress meetings as necessary. 1.6.3 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 1.6.4 The CONSULTANT shall be in attendance at the site frequently enough to familiarize himself with the progress and quality of the Work to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations, the CONSULTANT shall use its best efforts to guard the CITY against defects, deficiencies, and poor workmanship in the Work of the Contractor and take necessary administrative actions to facilitate timely completion of the Work in accordance with the contract documents (which shall include, but not be limited to, approved Change Orders). The CONSULTANT shall not be responsible for construction means, methods, 11 techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. However, nothing herein contained shall be construed to relieve the CONSULTANT of his obligation to ascertain to the extent possible, to the best of his knowledge, information and belief through the exercise of due diligence, whether work performed by the Contractor is in accordance with the Contract Documents; the CONSULTANT shall immediately advise Contractor and CITY when, in his opinion, such problems occur. Consultant shall regularly keep City informed as to the progress and quality of the work. 1.6.5 Based on such observations at the site and on the Contractor's Application for Payment, the CONSULTANT shall determine the amount owing to the Contractor less 10%, and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the CONSULTANT to the CITY based on the CONSULTANT'S observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the CONSULTANT'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (which shall include, but not be limited to all approved Change Orders) subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment; and that the Contractor is entitled to payment in the amount certified. 1.6.6 The CONSULTANT shall have the responsibility and authority to reject all Work which does not conform to the Contract Documents. He will have authority to request special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. CITY will then have the option of choosing the vendor to perform such testing or inspection services. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 1.6.7 The CONSULTANT shall review and approve or take other appropriate action on shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the Project and for compliance with the information given in the Contract Documents. 1.6.8 The CONSULTANT shall evaluate all requests for Change Order and prepare necessary Change Orders (for either increased compensation or time) in a form acceptable to the City and review and make recommendations on all requests for Change Orders made 12 by Contractor. Consultant shall assist City in any negotiations with Contractor relative to compensation required as a part of any Change Order and shall also advise City regarding any changes necessary in the construction time schedule. 1.6.9 The CONSULTANT shall conduct inspections to determine the Dates of "Substantial Completion" and "Final Completion," shall receive and review written guarantees and warranties and related documents assembled by the Contractor, and shall issue a final Certificate for Payment . 1.6.10 At completion of construction, the CONSULTANT shall furnish and deliver to the CITY, neatly arranged in a file, shop drawings, warranties, and instruction literature furnished by the Contractor, etc., and also deliver to the CITY, a reproducible set of construction drawings, revised by contractor to "as-built" conditions, based on marked-up prints, drawings or other data furnished by Contractor. Consultant shall not be required to furnish this information itself, but shall use its best efforts to obtain these documents from Contractor and shall not approve fmal payment until they are received. The CONSULTANT will review the Contractor's documentation of field revisions on a monthly basis prior to issuance of certificates for payment. Upon construction completion, the CONSULTANT shall write a letter to the CITY indicating that, to the best of his professional knowledge, the entire project was constructed in compliance with the contract documents in accordance with the Contract documents; this letter must be signed, dated and bear the Architect's seal and all another appropriate professional's seals. 1.6.11 Construction administration services (as described in Section 1.6.4) shall include but not be limited to providing an on site consultant's representative on a weekly basis to monitor and observe the work and review construction for compliance with the Construction documents and contract documents for the entire construction period. The Consultant's representative shall be at the site to monitor, observe and review construction at all appropriate times to properly administer the Contract. Consultant shall cause such other visits to be made to the site by the necessary professionals to properly administer this contract and fulfill its obligations as set forth in Section 1.6.4 and as otherwise necessary to comply with this Contract. 1.6.12 All Consultant's actions shall be undertaken with such reasonable promptness allowing Consultant sufficient time to conduct adequate review and minimizing delay to the fullest extent possible. 1.6.13 As to the Contractor constructing the project, Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Construction Contract documents. Such interpretations shall be made with reasonable promptness. The Consultant shall, within a reasonable time, issue written decisions on all claims, disputes or other matters in question between the City and the Contractor relating 13 to the execution or progress of the Work as provided in the Contract documents. 1.7 PERMITTING Consultant shall, in the design phase of the Project, identify all necessary permits and approvals from governmental authorities which will be needed to construct the Project. The Contractor shall apply for all necessary permits (said permit fees to be paid by the City). Consultant shall render such professional services and advice to assist in obtaining said permits or approvals. Such services shall be considered Basic Services under this Contract provided that services, analysis, or tests which are not normally part of the application process for a particular pennit or approval shall be compensated as Additional Services as per Exhibit C and D. 1.8 POST CONSTRUCTION EVALUATION The Consultant shall assist in the inspection of the Project one (1) month before expiration of the one-year construction warranty period and on one other occasion prior thereto upon request of the City and report any defective work under the terms of the guarantee/warranties required by the construction contract. 14 EXHIBIT B - COMPENSATION Compensation to Consultant for Basic Services for Phase 1 (as described below) shall be a lump sum in the amount of $ 1 58 , 400 . 0 Q)aid lump sum amount shall include all incidental expenses and subconsultants (and all others retained by Consultant) except those indicated on Exhibit "C". Said fee shall remain the same even if the cost of the construction budget (Section 14) is exceeded, except as set forth in Exhibit C. Compensation shall be payable in the following increments by phase: Schematic Design Phase Design Dev(:lopment Phase Construction Document Phase Bidding & Negotiation Phase Construction Phase $ 23,760.00 $ 23,760.00 $ 63,360.00 $ 7,920.00 $ 39,600.00 (15 Percent) (15 Percent) (40 Percent) ( 5 Percent) (25 Percent) Consultant shall submit invoices monthly for the percentage of each phase completed in the preceding month. 15 (~) 443-1900 'as (954) .c6J..3~!1 .; FAX TRANSMITTAL i: :~TE: . TO: fI1r-tft; die;e!2 . . :A~N: ! . . . . , ,:. ~M: ~ , ~.. 0," PAGES INCLUDING THIS ONE: P~OJECT NO. . NAME: : SUBJEct: En~ . : Ml:SSAGE: :: . <;76A/e1) ( cae" q:: EY-~ d>(/ . , '" 7 -a.I~ ~:i ~ "/~, . . . , ; . ; ~ i , . j i I .:1 I : t .1. . i : i , . : .., .j i " : i , . ! . , : ! . : 1 : , , . . '( . r . j , ! I ARCHITECTUR.E INTERiOR DESIGN Lk'm PLAJ."fNlNG MUNICIPAL PLA.,'fNIl'l(G -,..r-r-t --,'-' - '~-r -1- ,-, ~- - ~ I ,_,. _,,,_",-= _' , , _" . _ _ __~, .." h._....__~.:........__.J r-:t ~. ~ ,/ EXHIBIT C - ADDITIONAL SERVICES Additional Services: Professional services beyond those indicated as the basic scope of services; these services as listed below, shall be undertaken only upon written authorization from the City to the Consultant confirming mutually agreed scope and fees. 1. Material Design modifications to the Master Plan and or construction documents (subject to the provisions of Section 14), which change the scope of work directed by the City and which are contrary to preceding City written directions or written approvals, where such modifications occur after fonnal approval of the design in phase 1.2.2 (unless the changes result from errors or omissions of the Consultant). Any changes or services necessitated by a need to meet the budget set forth in Section 14 shall not be considered Additional Services. 2. Making material revisions in Drawings, Specifications or other documents when such revisions alter Consultant's responsibilities and are: A. inconsistent with written approvals previously given by the City where such revisions occur after formal approval of the design in phase 1.2.2 and are not the result of errors or omissions of Consultant. B. required by the enactment or revision of codes, laws or regulations subsequent to fonnal approval of the design in phase 1.2.2. C. due to changes required in writing as a result of the City's failure to render decisions in a timely manner. For the purpose of this section, a material revision shall be one that significantly alters the responsibilities of the Consultant. 16 EXHIBIT D - COMPENSATION FOR ADDITIONAL SERVICES City shall compensate Consultant for authorized additional services only for changes made by City (which are not the result of errors or omissions of Consultant) after fonnal approval of the design in Phase 1.2.2 (see Exhibit C for the only basis for a claim to Additional Services) and shall be based upon the Contractor's cost to perform such work. The parties shall agree on Consultant's fee for additional services consistent with this analysis. 17 EXHIBIT E - SCHEDULE The following time of performance for each phase of the consultant service excludes time for City or agency review of the Consultant's submissions. MASTER PLANNING PROGRAMMING Schematic Desi2n - 60 calendar days Desi2n DevelO-Pment - 60 calendar days Construction Documents - 90 days from notice to proceed with construction documents. BiddiQi & Neiotiation - 30 calendar days from approval of construction documents by City and notice to proceed with bidding. Construction - Construction administration services shall be provided for the entire period of construction. Basic services will be provided for approximately 13 months from notice to proceed to contractor. The Consultant shall use its best efforts to complete all phases prior to the time periods set forth above and complete all phases of the project as expeditious as possible. 18 SCHEDULE F - INSURANCE The Consultant shall maintain insurance coverage reflecting the minimum amounts and conditions specified. WORKER'S COMPENSATION The Consultant shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws . Thirty (30) days notice of cancellation is required and must be provided to the City of Parkland via Certified Mail. COMPREHENSIVE GENERAL LIABILITY The Consultant shall procure and maintain, for the life of this Contract/Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City of Parkland must be named as an additional insured unless Owners and Contractor's Protective Coverage is also provided, or required. Thirty (30) days written notice must be provided to the City of Parkland via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The Consultant shall procure and maintain, for the life of the Contract/ Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $300,000.00 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. In the event the Consultant does not own any vehicles, we will accept the hired and non-owned coverage in the amounts listed above. In addition, City will require an affidavit signed by the consultant indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, 19 "CoIllPallY Name" agrees to purchase "Any Auto" or "Comprehensive Form" coverage as of the date of acquisition. Consultants Signature The City of Parkland must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the City of Parkland via Certified mail in the event of cancellation. PROFESSIONAL LIABILITY INSURANCE Consultant shall procure and maintain Professional Liability Insurance for the term of this Contract! Agreement. Consultant shall make every effort to maintain said insurance for a period of two (2) years after the terms of this Agreement. The minimum limits of coverage shall be $500,000. Any deductible will be the responsibility of the Consultant. Thirty (30) days written notice must be provided to the City of Parkland via Certified Mail in the event of cancellation. Consultant shall include provisions in contracts with subconsultants (other than irrigation) that they shall provide the same insurance coverages adequate to cover their potential liability . SUPPLEMENTAL PROVISIONS 1. The insurance coverage afforded by this policy(s) shall not be canceled or nonrenewed, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Parkland City Manager; in such case, every effort shall be made to secure substitute insurance providing the required coverage for the entire period as required. Failure to maintain insurance shall be grounds for termination by City. 2. Certificates of Insurance meeting the specific required provision specified within this Contract! Agreement shall be forwarded to the City of Parkland City Manager, and approved prior to the start of any work or the possession of any city property. 20 AGREEMENT BETWEEN CITY OF PARKLAND AND MICHAEL SHIFF AND ASSOCIATES CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF CITY OF PARKLAND MUNICIPAL CENTER CITY OF PARKLAND, FLORIDA BY:~~ S PA LIARA YOR Date: June 3, 1996 ATTESTED: ~~~ - SUSAN ARMSTRONG, ;d CLERK APPROVED AS TO FORM: MICHAEL SHIFF & ASSOCIATES, INC. Witnesses: C}4~ ~_ d_.".. ~~~..,.., .A~ By: - Date: rt~ 1', f~ 21 AGREEMENT BETWEEN CITY OF PARKLAND AND MICHAEL SHIFF AND ASSOCIATES CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF CITY OF PARKLAND MUNICIPAL CENTER STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this -L- day of June 1996, by SAL PAGLIARA, as Mayor of the City of Parkland, who is personally known to me or has produced as identification. ~~ Signature of Notary Public BELEN M. LYNOTT Print, Type, or Stamp Commissioned Name Ha.EN M. LYNOTT MY ~1-.rJ' cc 42llO4O ElCPtRII: ,..., 18. 1'- 1IanlIId.. "*r NIl ........ STATE OF FLORIDA COUNTY OF 8R6 wl4-~ ^ The foregoing instrument was acknowledged before me this ~ day of .:JUL y , 1996,by )Jf/cJllJe?, SIII;:';::- ,as/!1lcltAeL SII#P f 4SS0C'4'R'S.;Z:;<, who is personally known to me or has produced as - identification. S~~nfu~~ 5v54n /!/.{/41s-rnOJ7b- Print, Type, or Stamp Commissioned Name Sl1S.AN orARYSEAL NorAR ARMSTRONG Y PUBuc STATI: OF P' (lRIDA MY ~~l~,fJSSION NO. CC54;;,'~!;" MMlSSlON EXP. M1.t ,;i,(il(lO OS/24/96 22 ill 01 PhOr\e II ... - "'-" ~.I>>" SOOr:'r' F~, ~.~L"" -..ct ~ IItfOr""""" ~IJQ~ . ",,1aI.rrtfuI:T '-af.r)t S,....:r .. .._~~IW& ~ 1)JP:1 , : . OJ I . --. -.... --..-... ScptCmbcz' IS. 1999 , ,. O. lax loft"S lIoJl.1' 1.A&.'711)&1t""'1. l'lu'-'I'.lA ~33~;a i 'I''CLl':'/'KCIM?: 05..~:!!.'!uli TlL.IC:nl'lrA 05...7f11.8.,S Oirtc&Dilll: (tS4) ~J.I : I , I : i j ! :, i . ? ~"~J A. Sbiffs 4J.A... ~'SIai6 &:. 1103 .But We.OIM Bo\1J ~'~PL$3301 i Rc: Adde:odum ~ the Agrcc:mcnt bctwca1 City orp~~nd ("CitY') cut Yil!.b~el Sbif! &: : : , , Assoei--. Jnc. ('oeon.utant" on Ci~ of ParkUmd Municipal Center ,/ I Dc.u .Miahal: I . ~ Please allow this J~ to ~ ILS an ~ to d:&o CcmauI1'iq Se:vices fot n,.,tt{1f\ a1Ul ; , ~"d"';~...-..l~lboCiWof"l...adMl'lWI18ldt1'& ," ;.. ~. JDe.. dar.ed July 1996 t"~t") fot_ move-refc:reaood project. Pl~ D* that ~ ~.~ sball incorpo aD wma and plomiscs cODtainM wtdlinthe AgrtelDOI1t betwc:cm Parkland: : ~ Miohaol Shiff' ~ as ifNlly let forIh herem. i . : ~ t ~ ' : ~ . 1. S-..l~: ~ wU110 provide the .t'tYiea8 as J.otdaUy cIescribN in Bxtu~i "A .. J~ tba ~ Scope of Services. Coastructia PhaIo ~ 1.6 thfough 1.8. It is . : .ati~_ ~dIis aerW:e(.) IIWl ba~ widlin 20 - J.2 boon ~,. :: A4di' ,tM JSttti.s admowlcd&c City is ~ directly wbh SteVen Feller. ;: ~ additio\\ to tha sc:mc:cs detailed m Exhibit "AtI of$e J/$t Uiter ~entl eo,c of Se.M~ ~ Phuc: JCCU04S 1.6 tbrousb 1.8 berwocm tho; City and C ConmUtaDt .pees 'b) J'Olr~ any IIdditiaul or cxtr:IOrdmary ~ . beyQnd hi.' b\lt only wRh the City'. prior wrltteb. DOtiu cfapprovala u Wl':U u. en ~ of C~JUlW4'$ Utut mcl~ but not 'm,i~ Ut, die rclUkrreQOrdma ~f ~'L~;1:- sc:rviClC5 ,&all be ~()&uad on aD hoUJl1 basis U\ ~4~ with the' ICtIQbcd .,~~. ' ,: . I I I , 0Qal; t930tiIVtl1l:' 'lO$4l;OOO~ i i ! ; ! : I: . i 2. , t . i . , 'f: : " f 7' . ;tJt*, ,. I ~ . ~ . . , : ?' :: t '. i . ;',' : i:.: ..... MIrIV....... caw MlTlIIIr .. ", :! i The _If ftIU1dIrWI , ':'. ; ;.! .........1111 DIMt I ,', ;; t,....,., PI. .-? !.: . i ' .:. ;' '. 'i 'IRe: I . i '; !,,-u--. ~ . 1.......'. ~..~. ( . I i .: / : \ ' . ,.: . '. !M'III I5<liI that." ..ie.......... ..11I.II''''' _tor our WU... ....... ~ ; l i .-...- ,*ulrMl"- .....~ .. fttlIIII.....~ft tD ptOe I rf .out .."... Oft an ~ . r .:. ! ~!..... TM.......:1It ill CIUf ha&aN" (' l:!' .t ,;,; .i, .-..~ ' : I . \ I =,..rv ... ........, :.' ;.t I:" M...... , " .: j 1 .na,lf , ' ", I '... WIllI ) ,! .:......ftI'ra...-..' ::1\ >: ~.iT="'a . .! .,. I . ~ i , ... " ! '; . ::1 .' ,I . ' :; ; 'I " ;i :! . :.J . ; I...... ..... yaur~ ~lIfn . 11M . ," ... - pll ~ I , J .I ~, I ~: , I 'I ! I , I i . I ; I I: :: 1 ( ~.:: l' . i. '" .. , : t. i' 1"1' ".: i". ~ J, , ';: : . J': : \' ." . . . . . . 1: j: I . '. \ ~. I ;: ! \. '. i , . i .r 1 .:1 'l :' { . : I \ " . . ., . ." ~ . . .~~ . Mid\16l A. Shiff , ~, Inc. "OIl fiIIIIltII" .... "-~TI l-- .- T . ........1 E.~ , . : , ! I' ~ .. ~ . . , , .... " ~ ;; . ; ~ I . ' ; I.l , ., : ' : .. -j , : .112.. . ,1T;lO . 101'- . M& := s .".. . 51.. S sa.. ., . '! i: , ! ~ & . ! . ; , . . .! " I : ' I ;, , . ~ I .... . ~ ' AlA ; : , j :' - - - -- ... - --- ~ -~ -- - - - -. --- ". ; '. ~~.-.rtt 'l"IU Ad~ttQ1 to tt. Agreomcut coDti1:w.ee Conaul1aSa', ! : ~ ofd1e CitYs 1DUDicipal eent.er &ad may be unmded otaly in: : writiq si~ \1y all otthc puties. ; : I , Iftedtn D.il~ This .Add~ shall 'be e$:ctive on ~ date the lASt pany atlivAS lu !! . -....- l\...." . . !l............. --,."_' : : i :' I :. : Should this Addll)~m m= wi1h YOUt approvU. cxec~e and date beloW. Pleue tsOfB. dru l.t ~ $8 .~ t12aefore your r1)'tIP'Mi..tt ~on 1.0 1hil awtet ~ 4pprCeiat.ed. ! ; ;i ! ,,~ i I I I I I . , I 'NPIOVt4 u to ~ . ~ i . I :pm CITY 0 pAllXLAND . j i . !- f ! I , , ! ; i I ! j : i I I r .. I " I i 1 I ! I ;iBY~ : i · I :~~. 1~. I I . , l\.I.....#wi , ~--;;;t;_.. i'-"'--'~-""!"'~-'~ P.3/4 : , , ( I , ~1O~___IItcCil)'of : , !'ItIdIn4.., Mhbut IhtftA ~"'I~ ; , ""2 I . '. I ': ~1I.n~wt~& CO",..atiall: Consultant.Will receive $3,900.00 .. mon.th for said s~ to the City. lTbe City 9ril1 m:ake peymcnta to 1M ~tam dired1y o~ a. monthly buiI. ; ;: I 'i TYu fG'" ~-=: Tb4. cNtt.dcm oftbo ..wOtl clWlspanU:om the date ot ~ · executiOll SU~~ cam.pletton olrhe City'$ lIPuudpal cearar -.4/01 at the City', ': oPtSotl. \1Jlti1j thus1 e4mPl~ at. City's m1.1DfDipa1 center. 3. l . 4. .5. 6. , : ' ward J. Pezzuoli Spodal Counsel . : ! . . . i' MICHABL SliU-'bT 8= ASSOCIATES, INC. i: i: i' [,' : ' BY~ . ., lr,r' ~ .I ... ----.:It"-~ ~~-~ ~ . ~ t; ,: ! i . . ! ' i .; Dw: "JtJd.t V, : .,:: 'j/)S4~:DdQl i.: Florida Betai1l'ederation ~self Insurers I'und Administered and serviced by Summit Consulting, Inc. P.O. Drawer 988 · Lakeland. FL 33802-0988 .: Telephone (941) 665-6060 or 1-800-282-7648 · Fax (941) 666-1958 Board of Trustees t, "Chairman, Tallahassee fer, Vice Chairman, Gainesville Nis Nissen, Lakeland William C. Rustin, Jr., Tallahassee Charles R. Wintz, Jacksonville \' " \11 I CERTIFICATE OF INSURANCE - e)ft. ~... RE: 0520-09100 ISSUED TO: City of Parkland Attn: Mr. Harry Mertz 6500 Parks ide Drive Parkland. FL 33067 ",)1.:1".- 1Ie Rip' W8f! This is to certify that MichaelA Shiff & Associates. Inc.: Amas Development Corp. 1103 East Las Olas Blvd.. Suite 200. Ft. Lauderdale. FL 33301-2315 being subject to the provisions of the Florida Workers' Compensation Act. has secured the payment of the compensation by insuring their risk with the Florida Retail Federation Self Insurers Fund. COVERAGE NUMBER: 0520-09100 Statutory-State of Florida EFFECTIVE DATE: Januarv 1. 2000 Employers Liability $100.000 (Each Accident) $100.000 (Disease-Each Employee) $500.000 (Disease-Policy Limit) EXPIRATION DATE: Januarv 1. 2001 REMARKS: CANCELLATION: Should the above described policy be cancelled before the expiration day thereof. the issuing company will endeavor to mail -12- days written notice to the above named certificate holder. but failure to mail such notice shall impose no obligation or liability of any kind upon the company. This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as extending coverage not afforded by the policy shown above or as affording insurance to any insured not named above. -~#- :7 December 28. 1999 Summit Consulting, Inc., Administrator Florida Retail Federation Self Insurers Fund Date 03925 Ice