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2016-83 Peacock and Lewis ContractRESOLUTION 2016 -83 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR FINAL SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEW COUNTRY CLUB FACILITY WITH PEACOCK + LEWIS ARCHITECTS AND PLANNERS, LLC AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 287.055, Florida Statutes ( "Consultants' Competitive Negotiation Act ") the Village issued a Request for Qualifications for Clubhouse Architectural Design Services, and at the conclusion of the process, the Village selected the team led by Peacock + Lewis Architects and Planners, LLC ( "Peacock + Lewis ") as the top ranked proposal; and WHEREAS, through the adoption of Resolution No. 2015 -59, the Village Council approved a Contract for Master Planning Services with Peacock + Lewis ( "Master Planning Contract "); and WHEREAS, Section 31 of the Master Planning Contract provided that once the Master Planning Services had been completed and accepted by the Village, the Village and Peacock + Lewis would enter into a separate Agreement for Final Schematic Design through Construction Administration Services substantially in the form set forth in Exhibit `B" to the Master Planning Contract; and WHEREAS, the Village Council wishes to approve an Agreement with Peacock + Lewis for Final Schematic Design through Construction Administration Services and determines that execution of the Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and are incorporated herein. Section 2. The Village Council hereby approves an Agreement for Final Schematic Design through Construction Administration Services with Peacock + Lewis Architects and Planners, LLC, a copy of which is attached hereto and incorporated herein by reference, in the amount of $962,068.00, with funds expended from Account No. A5540 -33190 (Reserve Expense — Professional Services). The Village Council further authorizes and directs the Mayor and Village Cleric to execute the Agreement on behalf of the Village. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 1OTI -I DAY OF N( (Village, Seal) ATTEST: VILLAGE CLERK AGREEMENT made as of the day of&M--X—h6Un the year 2016. BETWEEN the Architect's client identified as the Owner: Village of North Palm Beach, a Florida municipal corporation 501 U.S. Highway One North Palm Beach, Florida 33408 and the Architect: Peacock + Lewis Architects and Planners, LLC, a Florida limited liability company 1295 U.S. Highway One North Palm Beach, Florida 33408 For the following Project: The Project shall include the final schematic design through contract administration for the Village of North Palm Beach Country Club facilities in accordance with the Master Plan approved by the Village. The Owner and Architect agree as follows: ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2 and 3 and as may be further defined in a Proposal from Architect dated September 27, 2016, which is attached hereto as Exhibit "A" and incorporated herein. In the event of a conflict between the terms of the Proposal and this Agreement, the terms of this Agreement shall control. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall not exceed a total of fourteen (14) months and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. § 2.2 SCHEMATIC DESIGN AND SITE PLAN DEVELOPMENT PHASE § 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. § 2.2.3 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, in addition to floor plans, exterior elevations and material samples necessary for site plan approval. § 2.2.4 The Architect shall submit to the Owner a preliminary estimate of Construction Costs based on current area, volume or similar conceptual estimating techniques to compare against the established budget. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of scaled drawings which outline the and describe the general size and character of the Project including the building, structural, mechanical, electrical, plumbing and fire protection systems. Architect shall also supply building and wall sections, preliminary ceiling plans, finish schedules and furniture plans. § 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost for the buildings, aquatics, site work and furniture, fixtures and equipment ( "FFE ") to compare against the established budget. § 2.3.3 The Architect's Basic Services shall include at least two (2) presentations of the Design to the Owner and the public at Village Planning Commission or Village Council meetings. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents depicting major design features and related structural, mechanical, electrical, fire protection, plumbing and -2- engineering plans, notes, schedules and risers and specifications required for bidding, permitting and constructing the Project. § 2.4.2 The Architect shall provide professional design and consulting services in addition to the architectural services provided under this Agreement including the following disciplines: .1 Heating, ventilation and air conditioning (HVAC) engineering .2 Plumbing engineering .3 Fire protection engineering .4 Electrical engineering .5 Structural engineering .6 Interior design § 2.4.3 The Architect shall provide the Owner with the standard form documents and will assist the Owner in preparing the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. § 2.4.4 The Architect shall provide Owner with a final statement of probable construction and FFE costs. § 2.5 BIDDING OR NEGOTIATION PHASE § 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.5.2 The Architect shall provide the following services: .1 Prepare A/E responses to Building and Fire Department comments required to obtain the building permits and issue contractors for final bids. .2 Distribute plans (pdf files) to the Owner's selected print shop for printing and distribution and will issue clarifications to contractors, subcontractors and suppliers as required during the bid process. .3 Provide representation at the pre -bid conference. .4 Create and issue all required and necessary addenda during the bid process. .5 Evaluate alternatives and substitutions proposed by bidders as approved by the Owner. .6 Assist Owner in the analysis of bids, selection of the general contractor and award of the construction contract. § 2.6 CONSTRUCTION MANAGEMENT SERVICES § 2.6.1 The Basic Services of the Architect shall include construction administration and management services. § 2.6.2 The Architect shall provide the following services: .1 Provide representation at weekly jobsite OAC meetings for the construction duration. -3- .2 Provide responses to Contractor's Requests for Information (RFI's) and submittals during the construction period. .3 Review and certify for payment applications for payment and review partial releases of lien from all parties providing labor, materials and equipment to the Contractor unless such services will be provided by Owner or Owner's representatives. .4 Make all necessary changes to the drawings, specifications, and other documents produced by the Architect when such changes result from design flaws or are otherwise attributable to the actions of the Architect. .5 Prepare a final project close -out "punch list" after contractor has created and completed its initial punch list for the project. ARTICLE 3 ADDITIONAL SERVICES § 3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services and they shall be paid in addition to the compensation for Basic Services only if authorized or confirmed in writing by the Owner. Notwithstanding the foregoing, the following additional services to be performed by third parties are specifically authorized by the Owner only up to the amounts specified in this section (any payment in excess of the amounts specified must be authorized and confirmed in writing by the Owner): .1 Engineering Services to be performed by Simmons & White as set forth in a proposal dated August 5, 2015 and revised on September 30, 2014 in an amount not to exceed $100,000. .2 Landscape and Pool Deck Design Services to be performed by EDSA as set forth in a proposal dated September 30, 2016 in an amount not to exceed $100,000. .3 Aquatic Design and Engineering Services to be performed by Aqua Dynamics as set forth in a proposal dated October 3, 2016 in an amount not to exceed $40,000. .4 Food and Beverage Equipment Design Services to be performed by DEI Food Service Equipment and Design as set forth in an Agreement dated September 28, 2016 in an amount not to exceed $10,000. .5 Acoustical Engineering Services to be performed by Edward Dugger + Associates, P.A. as set forth in a Contract dated September 29, 2016 in an amount not to exceed $7,600. .6 Golf Shop Design Services to be performed by Procraft Golf, Inc. as set forth in an Agreement dated September 28, 2016 in an amount not to exceed $4,468. § 3.2 CONTINGENT ADDITIONAL SERVICES § 3.2.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 3.2.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction. -4- § 3.2.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.2.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.2.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.2.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.2.7 Providing services in connection with a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees, and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect and necessary for completion of the Basic Services. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, -5- including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are required by the scope of the Project. § 4.7 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. § 4.8 The services, information, surveys and reports required above shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. § 4.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided_ for by the Architect, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget -6- § 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget shall be adjusted to reflect changes in the general level of prices in the construction industry. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS § 6.1 Architect acknowledges that any work prepared by Architect and Architect's consultants under this Agreement shall be considered a "Work for Hire" and the exclusive property of Owner. § 6.2 The Owner shall use the drawings and specifications prepared by the Architect or the Architect's consultants only for this Project and maintenance of the Project after completion. The Owner shall not use or re -use the drawings and specifications prepared by the Architect or the Architect's consultants for future improvements to the Project or other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. The Owner shall not sell or transfer ownership of the Drawings and Specification to others except by agreement in writing and with appropriate compensation to the Architect, unless provided in accordance with Florida law. The Architect shall retain copies of the original documents for a period of three (3) years from the date of completion of the Project. The Owner grants to the Architect and Architect's consultants the right and /or limited license to use a portion of the drawings and /or specifications prepared by the Architect or the Architect's consultants for this Project in future projects of the Architect or the Architect's consultants with said right and /or limited license to use at Architect's or Architect's Consultant's own risk and without any liability to Owner. ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. § 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. -7- § 7.2 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the laws of the State of Florida. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 9.4 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. § 9.5 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.6 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.7 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 9.8 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.9 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 9.10 If any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction, then said provision shall be deemed stricken from said Agreement as if it never existed; however, all other terms and conditions shall remain enforceable and all other provisions in accordance with this Agreement. § 9.11 This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. § 9.12 Except for mediation, if any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. § 9.13 The Architect is, and shall be, in the performance of all work, services and /or activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the Owner. All persons engaged in any of the work, services and /or activities performed pursuant to this Agreement by the Architect shall at all times, and in all places, be subject to the Architect's sole direction, supervision, and control. The Architect shall exercise control over the means and manner in which it and its consultants and employees perform the work. The Architect does not have the power or authority to bind the Owner in any promise, agreement or representation other than as specifically provided for in this Agreement. § 9.14 Failure of either party to enforce or exercise any right(s) under this Agreement shall not be deemed a waiver of said party's right to enforce or exercise said right(s) at any time thereafter. § 9.15 The Architect shall indemnify and hold harmless the Owner and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees (at the trial and appellate levels), to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Architect or other persons employed or utilized by the Architect in the performance of the services contemplated by this Agreement. The Owner shall indemnify and hold harmless the Architect and its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees (at the trial and appellate levels), relating to the Owner's obligations under this Agreement to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Owner or its officers and employees. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or the Architect, nor shall this Agreement be construed as a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. § 9.16 Prior to commencing any work, the Architect shall provide certificates evidencing insurance coverage as required hereunder. § 9.16.1 All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that Architect and all subcontractors and subconsultants have obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Owner's representative. Failure to comply with the foregoing requirements shall not relieve the Architect of its liability and obligations under this Agreement. § 9.16.2 The Architect and all subcontractors and subconsultants shall maintain, during the life of this Agreement, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the Architect and all subcontractors and subconsultants from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Agreement, whether such operations be by the Architect or any subcontractor and subconsultant or by anyone directly employed by or contracting with the Architect or any subcontractor and subconsultant. § 9.16.3 The Architect and all subcontractors and subconsultants shall maintain, during the life of -10- this Agreement, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the Architect and all subcontractors and subconsultants from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Architect or any subcontractor and subconsultant or by anyone directly or indirectly employed by the Architect or any subcontractor and subconsultant. § 9.16.4 The parties to this Agreement and all subcontractors and subconsultants retained by the Architect shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a parry does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the Owner. § 9.16.5 All insurance, other than Worker's Compensation, to be maintained by the Architect and any subcontractors and subconsultants shall specifically include the Owner as an Additional Insured. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 REIMBURSABLE EXPENSES § 10.1.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 fees paid for securing approval of authorities having jurisdiction over the Project; or .2 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service. § 10.2 PAYMENTS ON ACCOUNT OF BASIC SERVICES AND ADDITIONAL SERVICES PERFORMED BY THIRD PARTIES § 10.2.1 Payments for Basic Services and Additional Services specifically authorized in Section 3. 1.1 shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.1.2. Payments are due and payable twenty (20) days from the date of the Architect's invoice. § 10.3 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 10.4 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. -I1- § 10.5 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 COMPENSATION § 11.1.1 For Basic Services, as described in Article 2, the Owner shall pay the Architect the stipulated sum of Seven Hundred Thousand Dollars and No Cents ($700,000.00). The Owner shall also pay for the Additional Services set forth in in Section 3.1.1 in an amount not to exceed Two Hundred and Sixty -Two Thousand and Sixty -Eight Dollars and No Cents ($262,068.00). § 11.1.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Administration Phase § 11.2 REIMBURSABLE EXPENSES Five percent (5 %) Twenty -five percent (25 %) Forty -five percent (45 %) Five percent (5 %) Twenty percent (20 %) For Reimbursable Expenses, as described in Section 10. 1, the Owner shall pay to the Architect the actual cost of such expenses. This Agreement entered into as of the day and year first written above. OWNER Village yrf N Attest: Melissa Teal, Village Clerk Approved as to form and legal s iency: Village Attorney -12- ARCHITECT Peacock + wi LLC, a Flo ida By: Print ame: Q Title: P P_ ES and Plan it comp PEACOCK + LEWIS Architects and Planners, LLC Lic. # AAC 000020 1295 US Highway One Suite 200 North Palm Beach, FL 33408 T. 561.626.9704 F. 561.626.9719 EXHIBIT "B" September 27, 2016 via: hand delivery Mr. James P. Kelly, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 -4906 RE: Village of North Palm Beach Clubhouse Master Plan Implementation - Phase Il Revised Design Services Contract Proposal Final Schematic Design then Construction Administration Peacock + Lewis Project No. P15- 057(B) 1610 Trade Center Way Dear Mr. Kelly, Suite #5 Naples, FL 33408 Thank you for giving us the opportunity to submit the enclosed revised contract proposals for the referenced project as it was approved by the Village Council at the September 22, 2016 T. 239.631.2332 Workshop. F. 239.300.6402 Regarding Phase H - Project Implementation, in order to expedite approval and remove subjectivity from the negotiation process, we used the State of Florida DMSAE Fee Guide Calculator to determine our base A/E fees and those services which would be considered additional services. A r c h i t e c t u r e After you have reviewed attached documents, please do not hesitate to call if you have any questions or sugg on ry for to age Council meeting to be held on October 13, 2016. Planning We look forwar to the Village Co cil eeting to receive contract approval for this very exciting projec or the Village of N -th Pa Beach. Sincerely, Interior Design Peacock + ewis Architec and PIanners, L C Programming Brian Brian D. Idle, A Graphic Design Project Delivery Enclosures: • P +L Contract Proposal for Project Implementation (AKA Final Schematic Design through Construction Administration) (SD - CA) dated September 27, 2016. Member AIA +ww.peacockandlewis.com P15 -057(B) Village NPB Clubhouse Design Sivs Phase 1109.27.16 September 27, 2016 via: hand delivery Mr. James P. Kelly, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 -4906 E WkJ I•.MI RE: Village of North Palm Beach PEACOCK + LEWIS Clubhouse Architectural Design Services Architects and Planners, LLC Project Implementation Lic. # AAC 000020 Final Schematic Design through Construction Administration (SD -CA) Peacock + Lewis Project No. P15- 057(B) 1295 US Highway One Dear Mr. Kelly, Suite 200 Beach, Thank you for giving us the opportunity to submit this revised Proposal which provides North Palm Beach, FL 33408 Y � � g pp tY p p Architectural, Interior Design and Engineering services for the referenced project. The site, T. 561.626.9704 size and budgets for the Clubhouse and other amenities were determined under a separate F. 561.626.9719 Master Planning agreement. 1610 Trade Center Way The Scope of the Work for this contract was presented at the Council Workshop on September Suite 45 23, 2016 and contains a new approximately 42,000 gross S.F. two -story Clubhouse, a Splash Naples, FL 34109 Park and remodeled pool deck. The project is generally defined as: 1. A New Clubhouse on the existing clubhouse site Architecture 2. Temporary facilities next to the existing tennis building and/or range building for club operations. S. New Splash Park Planning 4. Remodeling of the current pool deck For the purposes of this Proposal: Interior Design The Village of North Palm Beach is the "Client." Peacock + Lewis Architects and Planners, LLC (P +L) and its consultants is the Architect. Programming Peacock + Lewis Architects and Planners, LLC (P +L) will also serve as the Interior Designer. This proposal anticipates that a Construction Manager will be hired by the Client to provide Graphic Design preconstruction services maintaining the project budgets and schedules. L SCOPE OF WORK - BASIC SERVICES: Project Delivery A. Final Schematic Design, Design Development Documents and Site Development Plan (SDPI Approval Process (October - December 2016 1. With updated boundary, topography and underground utility survey information provided by the Client's Land Surveyors: a. P +L, working with the site plan approval team (land planner, civil engineer, landscape architect, and Village staff), will create the necessary floor plans, exterior elevations and Member A I A material samples for client's submittal to the Village of North Palm Beach planning and Zoning department for the site plan www.peacockandIewis.com approval process. P15- 057(B) Village NPB SA -CA 09.26.16 Village of North Palm Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No. P15- 057(B) Page 2 - September 27, 2016 Concurrent with the development of the SDP documents referenced above, P +L shall prepare Design Development Documents consisting of scaled drawings and narratives which outline and describe the general size and character of the project including the building structural, mechanical, electrical, plumbing and fire protection systems. AIso included will be building and wall sections, preliminary ceiling plans, finish schedules and furniture plans. 3. P +L will submit the final Schematic Site Development plan and the Design Development documents to the Client for review, comment and budget update by its construction manager by the end of December 2016. B. Permit /Bid /Construction Documents: (Tanuary - May 2017 1. Based on the Client approved Design Development documents and budgets, P +L will prepare Permit /Bid and Construction Documents depicting major design features and related structural, mechanical, electrical, fire protection, plumbing and engineering plans, notes, schedules and risers, and specifications required for bidding, Building Department permit and constructing the project. 2. Professional design and consulting services in addition to the architectural services provided under this Agreement include the following disciplines: a. Heating, Ventilating and Air Conditioning (HVAC) Engineering b. Plumbing Engineering c. Fire Protection Engineering d. Electrical Engineering e. Structural Engineering f. Interior Design 3. P +L will submit Permit /Bid /Construction Documents to the Client and its Construction Manager for use in securing building permits and competitive bids. C. Bidding/Negotiation: (Tune - August 2017)• 1. P +L will prepare A/E responses to local Building and Fire Department comments, required to obtain the building permits and issue to contractors for final bids. 2. P +L will distribute plans (PDF files) to the Client's selected print shop for printing and distribution P +L will issue clarifications to contractors, subcontractors and suppliers as required during the bid process. 3. P +L will provide representation at a Pre -Bid Conference. 4. P +L will create and issue all required and necessary addenda during the bid process. P15-057(B) Village NPB SD -CA 09.26.16 Village of North Palm Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No. P15- 057(3) Page 3 - September 27, 2016 5. P +L will evaluate alternates and substitutions proposed by the bidders and as approved by the Client. 6. P +L will assist the Client in the analysis of bid, selection of the General Contractor and award of the construction contract. D. Contract Administration: (September 2017 -December 2018 1. P +L will provide representation at weekly jobsite OAC meetings for the proposed construction duration. 2. P +L will provide response to Contractor's Request for Information (RFI) and submittals during the construction period. 3. P +L will review and certify for payment applications for payment and review partial releases of lien from all parties providing labor, materials and equipment to the Contractor unless such services will be provided by client or client's representatives. 4. P +L will prepare a final Project Close -Out "Punch List" after the contractor has created and completed its initial punch list for the project. E. General: 1. Soils Engineering /Surveying /Civil /Landscape /Irrigation /Aquatics and Fountain design services to be provided by Client. 2. The Architect is not responsible for the discovery, abatement, removal or remediation of asbestos, mold, mildew or any other environmental conditions or toxic materials. Client acknowledges that the design team are not biologists, toxicologists or the like, and cannot assure that the project will be mold free. Client recognizes that meteorological conditions of Florida are conducive to mold formation within, on and beneath building material employed in construction, regardless of IAVAC design, and herein releases the Architect- Engineer, it's employees, professionals, officers, and sub - consultants for any claims relating to existing mold (in the case of a renovation), and future proliferation of mold (for new construction), excepting only those damages, liabilities or costs attributable to the negligence or willful misconduct of the Consultant. Client accepts all risks associated with mold formation and we strongly advise Client to employ a qualified professional to review work product anticipated herein for susceptibility of mold formation. 3. Components of the existing site cannot be fully determined by this office and /or our consultants because we were not present during construction of the present facilities. Therefore, P +L is not responsible for unforeseen conditions which may affect final construction. PI5- 057(B) Village NPB SD -CA 09.26.16 Village of North Palm Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No. P15- 057(B) Page 4 - September 27, 2016 4. Material testing will be provided by a testing agency retained by the Client. 5. Design of sheathing, shoring, scaffolding, formwork and other means and methods of structures will be provided by engineers retained by the Contractor. Hydraulic calculations and branch pipe sizing for sprinkler system to be by Sprinkler Contractor. 6. All decorative light fixtures and plumbing fixtures to be selected by Interior Designer; Engineering to be byP +L consultant engineer. 7. Client's vendors to provide electronic system information (i.e., outlets /jacks for phone, computer, P.O.S., security, etc.) to be shown on our electrical drawings. 8. Client to provide catalog cutsheets and room plan layouts for Client furnished equipment and equipment provided by other consultants which will be connected to or which impacts the design indicating all mechanical/ electrical requirements for all specialized equipment, luminaire selection and location, utility connection requirements, utility consumption and heat rejection, including information on any system with special clearance requirements. 9. A conventional spread footing foundation system will be used. If deep foundations, pile supported grade beams or structurally supported slabs are required, we will increase the fee accordingly. II. BASIS OF COMPENSATION: The Client, Village of North Palm Beach, will compensate Peacock + Lewis (P +L) for the services outlined in the Scope of Work as follows: A. Initial Payment: No initial payment will be made upon execution of this Agreement. B. Basic Compensation: We propose to provide Basic Services as outlined in Paragraph I.A., I.B., I.C. and I.D. for a fixed fee of Seven Hundred Thousand Dollars ($700,000.00). 1. Final Schematic Design /SDP 5% $35,000 2. Design Development 25% $175,000 3. Construction Documents 45% $315,000 4. Bidding & Negotiation 5% $35,000 5. Construction Administration 20% $140,000 TOTAL $700,000 Reimbursable expenses will be invoiced separately as outlined in paragraph III below. P 15- 057(B) Village NPB SD-CA 09.26.16 Village of North Palm Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No, P15- 057(B) Page 5 - September 27, 2016 1. Payment in full for services performed to date must be received by this office prior to the submittal of signed & sealed documents for the building permit and /or agency review. C. Method of Payment: 1. Invoicing will be monthly, based upon the percent of services provided plus reimbursable expenses. Payment is due when invoice is provided; delinquent after thirty (30) days. 2. There is no finance charge upon amounts due which are paid within thirty (30) days. A periodic rate of 1.5% per month (an annual percentage rate of eighteen percent (18 %) simple interest per annum on the unpaid balance) will be charged to the Client's account each month and added to the balance which remains unpaid after thirty (30) days. III. REIMBURSABLE EXPENSES: Additional costs and expenses (i.e., large copy items, color prints and plots, express deliveries, out -of -town travel expenses including meals and lodging) will be billed at a multiplier of 1.0 times the amounts expended by the Architect, the Architect's employees and consultants in the interest of this project. IV. ADDITIONAL SERVICES: A. The following are not part of Basic Services, but are available if needed and authorized by ClienL (Note: P +L will forward additional service proposals, for added scope from special consultants, as they are obtained, which will be future exhibits to this contract.): 1. Any services beyond those outlined in Basic Services, Paragraph I. 2. Value engineering after the design development phase has been completed. (Note: Time to review and participate in value engineering meetings is included in the base fee. Time to implement client - accepted V.E. changes to completed documents will be billed as additional service.) 3. All work (beyond normal architectural work being produced for this project in paragraph I.A.) required to design, coordinate and discuss governmental agency submittals, attend meetings and attend hearings for the rezoning /site plan approval process will be billed hourly, up to the preauthorized amount to be determined. 4. Landscape /Hardscape /Irrigation Design 5. All Civil and site engineering. 6. All aquatics design and engineering. P15- 057(B) Village NPB SD -CA 09.26.16 Village of North Palen Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No. P15- 057(B) Page 6 - September 27, 2016 7. Site lighting. 8. Acoustical design. 9. Food and beverage equipment design 10. T.V. /Telephone /Communication /Security System Design. 11. All LEED design certification (if desired). 12. Building commissioning. 13. Changes required to renderings and virtual tour videos requested by the Client 14. Threshold Inspection. 15. P +L will review the General Contractor produced as -built drawings on a monthly basis at the pay requisition meeting. It will be the General Contractor's responsibility to create "Record Drawings" from the as -built drawings. If P +L is asked to create the "Record Drawings ", preparation of "Record Drawings ", (electronic format), electronic transfer and /or archive storage or retrieval of documents shall be billed as additional services. It is estimated at this time the cost will be Twenty -Five Thousand ($25,000) to create "Record "Drawings from the contractors marked up field set of as -built drawings. B. Basis of Compensation: 1, For Additional Services of the Architect, as authorized by the Client, but excluding Additional Services of Consultants, compensation shall be computed at the hourly rates of: Principal, $250 per hour; Architect /Associate /Interior Designer, $175 - $200 per hour; Project Manager, $125 - $185 per hour; Design Assistant /Senior CAD Drafter, $85 - $120 per hour; Graphic Support or CAD Drafter, $60 - $100 per hour and Clerical, $50 - $75 per hour. Hourly rates shall remain as stated above throughout the duration of the Project. 2. For Additional Services of Consultants, as authorized by the Client, compensation shall be computed hourly at a multiple of 1.0 times the amount billed to the Architect for such services. C. It is understood and agreed that Client changes made to the drawings after the Design Development documents are signed by the Client to proceed into Construction Documents, will be considered as Additional Services. V. GENERAL: A. Client: Client confirms that neither P +L nor any of P +L's Consultants or subcontractors has offered any fiduciary service to Client and no fiduciary responsibility shall be owed to Client by P +L or any of P +L's subconsultants P15- 057(B) Village NPB SD -CA 09.26.16 Village of North Palm Beach New Clubhouse & Fitness Center SD -CA Peacock + Lewis Project No, P15- 057(B) Page 7 - September 27, 2016 or subcontractors, as a consequence of P +L's entering into this Agreement with Client. B. Assienment No assignment, transfer or subletting of any party's rights, interests or obligations shall be allowed without the prior written consent of the other party, provided that Owner may assign this Agreement to ,a construction lender and the Architect shall cooperate with all other reasonable requirements of such lender. C. Ownership of Instruments of Service: All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Architect as instruments of service shall remain the property of the Architect. The Architect shall retain all common law, statutory and other reserved rights, including the copyright thereto. Peacock + Lewis will retain a copy of the "Record Drawings" and make them available to the client. The Client shall be permitted to retain copies, including reproducible copies or drawings and specifications for information and reference in connection with Client's use and occupancy of the project. The drawings and specifications shall not be used by the Client on other projects. For additions to this project, or for completion of this project by others, notification to the Architect shall be required in writing along with appropriate compensation to the Architect. D. Satisfaction with Services: Payment of any invoice by the Client to the Architect shall be taken to mean that the Client is satisfied with the Architect's services to the date of payment and is not aware of any deficiencies in thgse areas. E. Disputed Invoices: If the Client objects to any portion of an invoice, the Client shall so notify the Architect in writing within fourteen (14) calendar days of receipt of the invoice. The Client shall identify, in writing, the specific cause of the disagreement and the amount in dispute and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Any dispute over invoiced amounts due which cannot be resolved within ten (10) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved within thirty (30) calendar days in accordance with the Dispute Resolution provision of this Agreement. Interest as stated above shall be paid by the Client on all disputed invoice amounts that are subsequently resolved in the Architect's favor and shall be calculated on the unpaid balance from the due date of the invoice. F. Dispute Resolution: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and the Architect agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non - binding mediation unless the parties mutually agree otherwise. If the contract is a fixed fee, the amount payable will be a proportional amount of the total fee based on the percentage of work complete as determined by the Architect. P15-057(B) Village NPB SD -CA 09.26.16 Village of North Palm Beach New CIubhouse & Fitness Center SD -CA Peacock + Lewis Project No. P15- 057(B) Page 8 - September 27, 2016 PURSUANT TO §558.0035, FLORIDA STATUTES, AN INDIVIDUAL, EMPLOYEE OR AGENT OF PEACOCK + LEWIS ARCHITECTS AND PLANNERS, LLC, CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER. BY SIGNING THIS AGREEMENT, YOU HAVE ACCEPTED THIS LIMITATION OF_,xABILITY:. If you have any for period of tl be indicated by scheduled upon: Sincerely, Peacock + Idle, AIA. ms or`comments D) calendar days g, dating and r, of the signed Prc Village of North Palm Beach Authorization to provide the above services: y Proposal, please call. This fee is valid of this Proposal. Your acceptance may (1) copy of this letter. Work will be Signed: Name: Title: Date: Enclosures: • Professional Services Proposals for Additional Services (beyond ordinary and customary A/E services). • Civil Engineering - Simmons & White • Food & Beverage Equipment Design - DEI • Landscape / Hardscape Architecture - EDSA • Aquatics Design - Aqua Dynamics • Golf Shop Fixtures Design - Procraft • Acoustical Engineering - ED +A P15- 057(B) Village NPB SD-CA 09.26.16 STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES AE FEE CALCULATOR Page 1 of 1 Fee Guile Calculator For Architectural and Engineering Services k ti State or Florida, Department of Management Services V- D....&,A RA.....L. Project Name: V alau. IVIOI VII L.V I:J CONSTRUCTION COST FOR BUILDING COMPLEXITY GROUP • PERCENTAGE - Alternate Bids Exceeding Contract Scope - Measured Drawings of Existing Facilities - Excessive Change Orders - Existing Facilities Analysis - Multiple Construction Contracts -Toxic Substance Mitigation Surveys and Consultation - Record Documents /As Builts -Site Environmental Assessments (Sitework Not -Site DRI, PUD, Site Plan Review and /or Zoning Modifications - Structural Threshold Inspections - Traffic Analysis and Traffic Signal Warrant Studies - Project Representation During -Civil Engineering Design including Itr4 Construction Beyond BI- MonthlyAdministratlon Paving /Grading/Utilities �`► WM Included) A B C D E F G $ 9,510,000 7.58% 7.10% 7.79% 6.62% 6.15% 5.68% - Reimbursable Expenses* CALCULATED FEE J$720,530 J$674,977 $7417137 $629,252 $585,031 $54D,620 $653,749 Instructions: Fill in probable construction cost at left and push enter key. GROUP DEFINITIONS: "A" - CONSIDERABLY MORE THAN AVERAGE COMPLEXITY: Complex Laboratories, Medical Hospitals "B" - MORE THAN AVERAGE COMPLEXITY: Average Laboratories, Mental Hospitals, Simple Medical Hospitals, Clinics, Court Houses, Theatres, Complex University Buildings, Special Purpose Classrooms, Laboratory Classrooms, Libraries, Auditoriums, Museums, Air Terminals, Food Service Facilities, Specialized Detention Areas, Detention - Treatment Areas, Residences, Emergency Management Centers "C" - REPAIRS AND RENOVATIONS: Miscellaneous Repairs and Renovations, Alterations to Office Space or Dormitory Space, Fire Code Corrective Work "D" - AVERAGE COMPLEXITY: General Office Space, General Teaching Space, Gymnasiums, General Detention Living Facilities, Factory Buildings "E" - LESS THAN AVERAGE COMPLEXITY: Apartment Buildings, Dormitory Buildings, Service Garages, Stadiums, Repetitive Design Facilities, Office Buildings With Undefined Interior Space (open for later partitioning), Specialized Parking Structures "F "- CONSIDERABLY LESS THAN AVERAGE COMPLEXITY: Warehouses, Parking Garages, Storage Facilities "G" - BUILDING ENGINEERING SERVICES: Mechanical, Electrical and Structural not exceeding $1,000,000 in construction (Not Including Site ADDITIONAL SERVICES & EXPENSES: The following services are considered Additional to Basic Services and are not included within the asic fee represented by the fee guides: - Feasibility Studies/ Analysis - Facility Programming - Master Planning -LEED Consultation - Graphic and Signage Design - Special Code Reviews including ACHA -Soils Investigations /Reports - Detailed Cost Estimates - Surveys - Topographic/Boundary - Documents Prepared For: Vegetation /Improvements /Utilities - Alternate Bids Exceeding Contract Scope - Measured Drawings of Existing Facilities - Excessive Change Orders - Existing Facilities Analysis - Multiple Construction Contracts -Toxic Substance Mitigation Surveys and Consultation - Record Documents /As Builts -Site Environmental Assessments - Prolonged Construction Contract Administration Services -Site DRI, PUD, Site Plan Review and /or Zoning Modifications - Structural Threshold Inspections - Traffic Analysis and Traffic Signal Warrant Studies - Project Representation During -Civil Engineering Design including Itr4 Construction Beyond BI- MonthlyAdministratlon Paving /Grading/Utilities �`► WM /Drainage /Stormwater Management/Environmental & All Site - Additional Construction Contract Permitting Administration Services for Multiple Contracts - Existing Site Utility Infrastructure Improvements - Building Commissioning and Training Services -Site Lighting Design —+- Landscape Architectural & Irrigation Design -Post Occupancy Inspections/ Evaluations - Renderings/ Models - Specialty Consultants X*X - Substantive Changes to Scope, Size or Complexity Voice /Data Communications; El onic /Audio -Owner Requested Changes to Approved Documents Visual; Food Service E ui ment Hazardous i�►.}.�, Materia - Reimbursable Expenses* ; ospi a a oratory; n erior Desi n, Indoor Air Quality; Quality Control; T eater Acoustical `�' � Including, but not limited to, reproduction/ printing costs, travel Security expenses and special mail service expenses -Life Cycle Cost (ROI) and/or Federal DOE Energy Analysis A®V4 p>„�1&5 * As defined in the Division of Real Estate Development and Management Form of Agreement Between Owner and Architect - Engineer. &3tv: SW r .$ " p 6oc& Fr https: / /fp. state. fl. us/ does/DMSAEFeeGuideCalculate.asp 9/27/2016