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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_8/8/2019Agenda Item #8. Regular Council N STAFF MEMO " Meeting: Regular Council - Aug 08 2019 Staff Contact: Tatiana Racanati, Assistant Department: Finance Finance Director RESOLUTION 34-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019 CAPITAL PROJECTS FUND #303 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $50,000.00 TO FUND ARCHITECTURAL SERVICES FOR THE CONCEPTUAL DESIGN OF A NEW COMMUNITY CENTER SUMMARY: the Fiscal Year 2018/2019 Capital Projects Fund #303 Budget by appropriating fund balance in the amount of $50,000.00 to fund architectural services for the conceptual design of a new community center POTENTIAL MOTION- • • Approve increasing the Fiscal Year 2018/2019 Capital Projects Fund #303 Budget by appropriating fund balance in the amount of $50,000.00 to fund architectural services for the conceptual design of a new community center 20190808-Rec Center -Conceptual Design -Resolution 20190808-Rec Center -Conceptual Design -Two Alternate Concepts Rec Center -Conceptual Design -Original Contract Page 91 of 182 Agenda Item #8. RESOLUTION NO. 34-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019 CAPITAL PROJECTS FUND #303 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $50,000.00 TO FUND ARCHITECTURAL SERVICES FOR THE CONCEPTUAL DESIGN OF A NEW COMMUNITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village entered into a contract with REG Architects, Inc. on October 2, 2018 in the amount of $35,000.00 to provide Phase I architect services for the conceptual design of a new community center; and. WHEREAS, the Village desires to enter into a second contract with REG Architects, Inc. in the amount of $15,000.00 for two (2) alternate concepts for the new community center; and, WHEREAS, the available Fund Balance in the Capital Projects Fund #303 before this appropriation is $204,313.00 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. 34-19 is hereby approved increasing the Fiscal Year 2018/2019 Capital Projects Fund #303 Budget by appropriating fund balance in the amount of $50,000.00 to fund architectural services for the conceptual design of a new community center; providing for severability; providing an effective date; and for other purposes. Section 2 This Resolution shall become effective immediately upon passage. Page 92 of 182 Agenda Item #8. REG ARCHITECTS, INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING June 26, 2019 / revised Office of the Village Clerk Village of Tequesta Mr. Greg Corbitt, Parks & Recreations Director 345 Tequesta Drive Tequesta, FL 33469 Via e-mail: gcorbitt&a,tequesta.org RE: Additional Service Proposal 41 for the Conceptual Design (Phase I) of the Village of Tequesta Community Center, Tequesta, Florida REG #18018 Dear Mr. Cor tt: v/ REG Architects, Inc. requests authorization to proceed with additional architectural services for conceptual design in accordance with the Original Agreement executed on October 2, 2018 for the above referenced project. Scope of work and compensation as follows: The Architect shall provide two (2) alternate concepts for the proposed Community Center to be located at Constitution Park, 399 Seabrook Rd, Jupiter, FL 33469. The Scope of Work to include: • A conceptual site plan with the proposed building footprint • One (1) or two (2) conceptual renderings of the building massing / exterior elevation(s) • Up to two (2) revisions to the conceptual site plan / building footprint and renderings • One (1) in person meeting to review the proposed alternate concepts Note: Conceptual floor plan layouts and interior rendered views are excluded. Alternate Concept 1: Consists of modifying the proposed building footprint to fit within the limits of 100'-0" x 100'- 0" placed in the same location as the existing Rec Center (to be demolished) with the intent of minimizing the impact on the existing green space of the park and preserving the playground areas. The project program shall be redistributed over 2-stories and include a +/-5,000SF multi- purpose room; the program and square footage designated for each area/room is subject to change based on the limitations of the proposed building footprint. 300 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 Phone: (561) 659-2383 • Fax: (561) 659-5546 w regarchitects.com . AA 0002447 ES'T. 1988 Page 93 of 182 Agenda Item #8. Village of Tequesta - Community Center REG# 18018 06/26/19 Page 2 of 3 Alternate Concept 2: Consists of modifying the proposed building into two (2) separate structures. The first building shall be 1-story, located in the same place as the existing Rec Center (to be demolished). Its footprint shall be limited to 100'-0" x 100'-0" with the intent of minimizing the impact on the existing green space of the park and preserving the playground areas. The project program shall be reduced by +/-5,000SF. The square footage designated for each area/room is subject to change based on the limitations of the proposed footprint. The second building shall be 1-story placed in the location of the existing skate park (to be demolished). The proposed program for this structure to include a +/-5,000SF multi -purpose space with ancillary storage, unisex restroom(s), and mechanical / electrical space. Note: The preliminary pricing completed for the original design concept does not correlate to the alternate concepts included in this scope of work nor does it reflect the current construction rates. It is recommended that new preliminary pricing be obtained for one (1) or both alternate concepts at the discretion of the Village of Tequesta. Task I. Architectural Fee: $15,000.00 If this is acceptable to you, please sign below and return and we will continue to work on your project promptly. We look forward to assisting you with this project. Sincerely, REG ARCHITECTS, INC. 201renti RickAl Pres cc: Colin Price, Vice President ACCEPTED THIS OF , BY: Authorized Client Representative/Owner enclosures: Exhibit "A" - Hourly Rates Exhibit `B" - Aerial Diagrams from Client RG/cm 300 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 Phone: (561) 659-2393 - Fax: (561) 659.5546 W W W. re ga r c h i ISct-s—S-0 un AA 0002447 f?s 1'. 1988 Page 94 of 182 Agenda Item #8. Village of Tequesta - Community Center REG# 18018 06/26/19 Page 3 of 3 Exhibit "A" HOURLY RATE SHEET SUBJECT: Hourly rates for professional services as may be required. FROM: rRick Gonzalez, AIA, President, REG Architects, INC. DATE: 2019 A. HOURLY RATES: Hourly rates for professional services shall be as follows: Expert Witness $350.00 Principals $275.00 Associate Architects $225.00 Architectural Animator $200.00 Sr. Project Manager $185.00 Project Manager $175.00 Quality Control Reviewer $160.00 Interior Design Coordinator $130.00 Construction Administrator $130.00 Revit/AutoCAD Technician $125.00 Graphic Designer $120.00 Administrative Support Staff $ 75.00 g'\potential project proposals\2018 potential client proposalsuequesta community center%tegnesta community center -additional conceptual services - proposal.docx 300 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 : Phone: (561) 659-238*3 • Fax: (561) 659-5546 www.regarchitect's'.com AA 0002447 GST. 1988 Page 95 of 182 LTE i 2:32 PM t Lighthouse ArtCenter School of Art ST 4 Ijd io no Verizon LTE 2:38 PM G2% � } �__W •'�' .., .•ir'.^r;' "....'i� - r - � sex... - . �� '\ \\ •- _ � � -L-igHtkouse ArtCen 11 r 1, a x •� � �.� — ter 'School of Art ,_ ---,- I E'ducaltionl Group L r ;.- ConstitutPark�^: -;; - - Agenda Item #8. AGREEMENT FOR PROFESSIONAL ARCHITECT SERVICES COMMUNITY CENTER PHASE I THIS AGREEMENT, between the Village of Tequesta, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 (hereinafter referred to as the "Village") and REG Architects, Inc., a Florida corporation with offices located at 300 Clematis Street, 3,d Floor, West Palm Beach, Florida 33401 (hereinafter referred to as "REG") is entered into this _day of October, 2018, effective immediately. WHEREAS, the Village has utilized the Consultants' Competitive Negotiation Act (hereinafter referred to as the "CCNA") process as set forth in See. 287.055, Florida Statutes, in order to procure architect services for the design of a new community center; and WHEREAS, REG was the top ranked proposer as a result of the competitive selection process of the CCNA; and WHEREAS, the Village has met with REG and has negotiated this contract (hereinafter referred to as the "Agreement") as a result of the competitive negotiation process of the CCNA, for certain professional architect services for the design of a new community center; and WHEREAS, the Village now desires to enter into this Agreement for Community Center Phase I architectural services, and REG desires and represents it is capable and prepared to provide such services to the Village pursuant to the CCNA Request for Proposals, and under the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the promises contained herein, the Village and REG hereby agree as follows: 1. SCOPE OF SERVICES: REG shall provide Phase I architect services for the Village's new community center pursuant to RFP 2018-OIPR which is attached hereto and fully incorporated herein as Exhibit "A", as well as REG's response to said RFP 2018-OIPR which is attached hereto and fully incorporated herein as Exhibit "B", and REG's September 11, 2018 (REVISED on September 14, 2018) correspondence which is attached hereto and fully incorporated herein as Exhibit 4105% 2. COMEPENSATION: Pursuant to REG's September 11, 2018 (REVISED on September 14, 2018) correspondence, REG shall be paid an amount not to exceed Thirty Five Thousand Dollars ($35,000.00) for all services to be provided as part of Phase 1. REG's September 11, 2018 (REVISED on September 14, 2018) correspondence is attached hereto as Exhibit "C". Page I of 6 Page 98 of 182 Agenda Item #8. 3. OWNERSHIP OF DOCUMENTS: All instruments of professional services, including, but not limited to, documents, records, disks, original drawings or other information created or procured by REG for any work which is the subject of this Agreement shall, upon completion of the work and payment of all monies due REG, become the property of the Village for its use and/or distribution as may be deemed appropriate by the Village. However, both the Village and REG specifically acknowledge and agree that any re -use of such documents by the Village, for other than the specific purpose intended, without written verification and adaption by REG for such specific purpose will be at the sole risk of the Village and without liability or legal exposure to REG. 4. STANDARD OF CARE: REG shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and shall be obligated to correct services which fall below such standards at no additional cost to the Village. REG warrants that all services shall be performed by skilled and competent personnel. 5. AUTHORITY TO PRACTICE: REG hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. 6. INSURANCE AND INDEMNIFICATION: In accordance with Exhibit "A", REG shall provide all necessary insurance including workman's compensation and liability insurance in such amounts as are approved by the Village and shall name the Village as an "additional insured" on the liability portion of the insurance policy. In accordance with Exhibit "A", REG shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of REG, its agents, servants, or employees in the performance of services under this Agreement. 7. PUBLIC ENTITIES CRIMES ACT: In accordance with Exhibit "A", and as provided in sections 287.132-133, Florida Statues, by entering into this Agreement or performing any work in furtherance hereof, REG certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. Page 2 of 6 Page 99 of 182 Agenda Item #8. & TERMINATION; NOTICE: In accordance with Exhibit "A", this Agreement may be terminated by the Village upon written notice to the Contractor. Notice shall be considered sufficient when sent by certified mail or hand delivered during regular business hours at the following addresses: Village REG Village of Tequesta REG Architects, Inc. 345 Tequesta Drive 300 Clematis Street, 3rd Floor Tequesta, FL 33469-0273 West Palm Beach, FL 33401 Attn: Director of Parks and Recreation Attn: Rick Gonzalez, President 9. INDEPENDENT CONTRACTOR: It is specifically understood that REG is an independent contractor and not an employee of the Village. Both the Village and REG agree that this Agreement is not a contract for employment and that no relationship of employee employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 10. ATTORNEYS FEES: In accordance with Exhibit "A", in the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. Any award of attorney's fees against the Village shall be limited pursuant to the limits set forth in Sec. 768.28, Florida Statutes. 11. CHOICE OF LAW; VENUE: In accordance with Exhibit "A", this Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 12. AMENDMENTS & ASSIGNMENTS: This Agreement, all exhibits attached hereto, and required insurance certificates constitute the entire agreement and understanding between the Village and REG; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. REG shall not transfer or assign the provision of goods or services called for in this Agreement without prior written consent of the Village. 13. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The Office of the Inspector General has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as Page 3 of 6 Page 100 of 182 Agenda Item #8. well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 14. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, REG (herein the "Contractor") must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliam§&teQuesta.or9 OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 15. SEVERABILITY: The invalidity, illegality or unenforceability of any provision of Page 4 of 6 Page 101 of 182 Agenda Item #8. this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. 16. UNCONTROLLABLE FORCES: Neither the Village nor REG shall be deemed in default of this Agreement if delays or failure of performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. Notice as required hereunder shall be sufficient when provided in accordance with paragraph 8 hereinabove. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. 17. ENTIRETY OF AGREEMENT: The Village and REG agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. Page 5 of 6 Page 102 of 182 Agenda Item #8. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESSES: 0',# A A, I (Corporate Seal) ATTEST: Lori McWilliams, MMC V i I lage Clerk (Seal) REG ARCHITE S, INC. By: President ~� On: October 2018 VILLAGE OF TEQUESTA By: Abigail Brennan, Mayor On: October _, 2018 Page 6 of 6 Page 103 of 182 Agenda Item #8. WITNESSES: (Corporate Seal) ATTEST - Lori McWillia Village Cle (Seal) = J V > SEA :•%%C0RP011 1"' 4 REG ARCHITECTS, INC. By: Rick Gonzalez, President On: October__, 2018 V G OF TEQU A y: bigai ren n, Mayor On: October Z , 2018 Page 6 of 6 Page 104 of 182