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01-10-22 - Handout - Maintenance Bldg. RenovA1441wa-l'a -- 1 Q �� F���Y•�f1���1fi��1��..���p��-��+i'6�A'i�l�r 9 !�kt.�rl ��I�`� i��.�k��.Y� CONTRACT FOR ARCHITECTURE & ENGINEERING SERVICES Atlantic Beach Maintenance Bldg. Renovation December 1711, 2021 This Agreement is for Complete Architectural and Engineering services for the renovation of the City of Atlantic Beach Maintenance Building located on 800 Seminole Road, Atlantic Beach, FL between Zona & Associates (Architect), and Alliant Engineering, Inc. (Client). I. Project Description This project will consist of renovating an existing 2 - floor building, approx. 4,905 sq. ft total. We will use the revised Schematic Drawings that were created by our office and approved by the user group. The following list of renovation items will be included in the final Design and Construction Documents included in this proposal for Architectural and Engineering Services: • Selective Demolition (Walls, Ceilings & Floors) • Add New Stairway and revise current stairway to meet codes • Add New Doors and windows as shown in drawings (Both Floors) • Add New Walls and New Drywall and Paint throughout • Relocate Existing A/C units (Include new ductwork as required by plans) BL t , L fNSTArTFV �a a,►tr , r.�ar �vr v , �r r r tai r a CONTRACT FOR ARCHITECTURE & ENGINEERING SERVICES Atlantic Beach Maintenance Bldg. Renovation December 17t", 2021 This Agreement is for Complete Architectural and Engineering services for the renovation of the City of Atlantic Beach Maintenance Building located on 800 Seminole Road, Atlantic Beach, FL between Zona & Associates (Architect), and Alliant Engineering, Inc. (Client). I. Proiect Description This project will consist of renovating an existing 2 - floor building, approx. 4,905 sq. ft total. We will use the revised Schematic Drawings that were created by our office and approved by the user group. The following list of renovation items will be included in the final Design and Construction Documents included in this proposal for Architectural and Engineering Services: • Selective Demolition (Walls, Ceilings & Floors) • Add New Stairway and revise current stairway to meet codes • Add New Doors and windows as shown in drawings (Both Floors) • Add New Walls and New Drywall and Paint throughout • Relocate Existing A/C units (Include new ductwork as required by plans) Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building • Update Toilets and add New Restrooms as shown in the final Documents (Fixtures and Plumbing) • Provide New Lighting Fixtures (LED) • Add New Insulation in exterior walls and new roof system • Provide New Electrical supply and Panel boxes as required • Provide new Handicap Lift to meet provisions of the current FBC • Provide New Carpet or Vinyl Flooring as shown in New Documents • Replace Existing Roll Up Doors with sizes shown in the New Documents • Add new exterior Masonry walls on all 4 sides of existing building. • Add new Gutters and Downspouts • Provide New Roofing system per Structural Engineers recommendations including Limited Demo, removal of existing metal roof and add new purlins and beams per Structural Engineer's Study. • Replace existing low roof with installation of a new roof system to match main building. (No new Structure required) • Please find attached the Drawing Named: FLOOR PLANS REVISED 09 07 21 which will be our layout document reference for this Proposal. II. Basic Services Description A. The Architect will rely on the approved Schematic Design Office Layout drawings dated 09 07 21 as the basis for design. Both parties, however, recognize that such information may change by mutual consent, and, in that event, the Client and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation if the changes are "material". B. The Architect's Basic Services consist of those described in this Article III and include the usual mechanical and electrical engineering services, but the structural services are based on the previous Structural Assessment completed by LJG Engineering, Inc. whose recommendations were accepted by the Client. Services not set forth in this Article III are Supplemental or Additional Services. C. The Architect shall coordinate its services with those services provided by the Client and the Client's consultants. The Architect shall be entitled to relay on (1) the accuracy and completeness of the services and information furnished by the Client and (2) the Client's approvals. D. The Architect shall discuss with the Client the Client's program, schedule, budget for the Cost of the Work, Project site and alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Client regarding the Project requirements. E. The Architect shall consider the relative value of alternative materials, building systems and equipment, together with other considerations based on program, 211' 1 g c 12/1 7/2021 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City ofAtlantic Beach Maintenance Building aesthetics, and any sustainable objectives, in developing a design for the Project that is consistent with the Client's schedule and budget for the Cost of the Work. F. Discuss any new ideas from the Client and Client Representative that will help finalize the design and operational scope of this project and incorporate same into the preliminary project templates. G. Prepare Design Development plans, sections, and elevations based on the outcome of the previous Schematic Design approved by the Client for discussion and further refinement. Refine elevations as necessary to achieve the desired aesthetic as determined by the Architect and the Client. The Design Development package will be based on sketches provided by the client for character and the Schematic Design sketches provided by Architect and approved by the Client. H. If applicable, review schematic work with Client and make any necessary changes or contract adjustments required to establish an approved plan from which design development documents can be developed. Prepare documents required to obtain planning approval for the project by the reviewing authorities. This is expected to be consistent with the information provided by the Client. J. Prepare final Design Development Documents to include CAD base sheets, additional wall sections, basic details, window and door schedule outlines and complete engineering schematics including HVAC, Elec., Plumbing, and Structural Designs per the previous study by LJG Engineering. K. Based on the Client's approval of the Design Documents, the Architect shall prepare for the Client's submittal Construction Documents consisting of Drawings and Information that the local jurisdiction requires in order to issue a permit to complete the Project. The actual permits will be obtained by the Client and their Contractor. This phase will include all necessary coordination of all required engineering. The Client and Architect acknowledge that in order to construct the Work the Contractor will provide additional information including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect will review in accordance with Section 13. L. The Architect shall review and approve, or take other appropriate action, upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect is not responsible for the approval of safety precautions, or any other construction means, methods, techniques, sequences, or procedures. 3111age 12/ 17/202 1 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City ofAtlantic Beach Maintenance Building M. Provide day to day design and engineering support during the construction process to ensure all questions are addressed in reasonable time. Review shop drawings, technical submittals and pay request documentation with quick and decisive professional responses. If there are any conflicts or oversights by our consultant group in our contract documents, it is the responsibility of the Architect to provide this additional information or amended details at no additional cost to the clients. Design and Construction are not perfect sciences but a team effort to do the best job possible to help create a good and fully functional facility in which all parties involved can take pride at its completion, commissioning and ultimate functionality. N. The Architect shall advice and consult with the Client during the Construction Phase Services. The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive, or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the work. O. Prepare final close-out review of the project including the Contractor's punch list resolution, final pay and retention release documentation and contract closure. III. Additional Services Description A. The basic services outlined above will be an all-inclusive package to cover Design Development through final Contract Documents required for permitting and project completion. B. The Architect shall provide services necessitated by a change in the Initial Information, changes in previous instructions or approvals given by the Client, or a material change in the Project including size, quality, complexity or the Client's schedule as an Additional Service. Additional services may be provided after the execution of this Agreement without invalidating this Agreement. C. Additional scope of work for items may be requested and provided for hourly rates or fixed fees based on the new and/or additional scope definition. These services will be offered and described in a Fee and Services Proposal which could include, but are not limited to: 4111ag,c 12/ 1 7/202 1 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contractfor Architecture and Engineering Services City of Atlantic Beach Maintenance Building Professional rendering of the finished product (beyond Z&A work shown previously for other projects). Four high quality renderings (exterior and interior) similar to others which we are able to do in-house, are included in the basic services contract. Additional renderings will be available as a pass-thru reimbursable. 2. Interior design services required for selection, procurement and/or installation of furniture and furnishings. (Layout is included in Basics) 3. Surveys, soil boring, botanists, and specialty engineering services that may be required. 4. Civil Engineers and Landscape Architects Scale models for use in the model center if desired. 6. Technical Specifications (Specification book is included in this proposal) 7. Value Engineering is not included and will be considered additional services IV. Proiect Quality and Budget Expectations The quality level of this project can be best described as consistent with the recent standards in general area and as referenced by the clients as appropriate for the marketplace. Budgets will be established as soon as there is agreement on the overall design concepts and building systems are conceptually identified. The budget will be continuously revised as more detail is known about the scope and quality of the project. V. Proiect Schedule Work can begin immediately upon acceptance of this Agreement and receipt of the retainer. Client further understands that Z&A does not control consultant and/or city and/or state agencies and their holiday schedule and delays may be incurred. VI. Client Responsibilities The Client will be responsible to deliver to the Architect accurate surveys to describe physical characteristics, legal limitations, and utility locations for the site of the Project, topographical data and test boring analyses and recommendations. The Client will also obtain any necessary Site planning permits required by the local authorities. The Architect and various Engineers will provide the design and technical documents necessary for the submittal. In order to maintain the deliverables timeline by the Architect, Client/Client will be prompt (within a 10- business day timeframe) in their review of design materials in connection with the design process undertaken by the Architect. This makes it possible for the design team to respond to the comments in time for them to be included in the next submittal to the Client/Client. 5P,i e 12/17/202 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building VII. Architect/Eneineerina Liabilities The Architect and Engineers must hold required current licenses to practice their respective professions in the appropriate state and sign and seal their respective drawings and details as required for permitting. The Architect and his consultants will carry appropriate levels of E+O insurance and general liability coverage. VIII. Deliverables Periodic copies of progress work will be provided to the Client for review and comments throughout the evolution of the design process. In addition, record sets of documents or conclusion of groups of activities will be provided for review at the completion of the following milestone activities: All necessary Engineering Services will be incorporated into the Construction/Contract Documents and be co -coordinated with each other. Technical specifications will be prepared jointly by the Architect and General Contractor and specifications will be incorporated into the Contract/Construction Documents as notes and Drawing Sheets. It is the Contractor's responsibility to obtain all necessary building permits for the project. IX. Fee and Payment Schedule A. The A/E fee will be $62,500 be paid in accordance with the following schedule. a) "Completion of Schematic Design 25% ................................ $I4,500 b) "Completion of Design Development 50% .................................$14,500 c) Completion of 100% Construction Docs with Spec. Book ..........$26,000 d) Contract Administration (spread 6 Months over job) ................. $7,500 Total Contract Amount $62,500 B. Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. All payments must be received within 15 days of the delivery of the invoice or work will be suspended until payment is received. Project dates will be extended accordingly 61 Pa e 12/ 17/202 1 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building X. Reimbursable Expenses Proiect En6neerinLy Services included in this proposal are Mechanical Plumbing, Electrical, Structural and Fire Protection. Additional En2ineerin� services which may be needed are contracted directly with the clients such as: • Civil Engineering and Landscape Architecture (engaged directly with clients or treated as a reimbursable expense) • Soils Engineering (Including Soils Borings) • Property Survey (engaged directly with clients or treated as a reimbursable expense) • Threshold Inspector (During Structural Construction) • Specification Writers - $3,500 included in this proposal Normal reimbursable expenses such as, but not necessarily limited to the following: Postage, courier delivery when requested by the client; prints other than in-house progress prints, large scale reproductions, etc., will be billed to the client without a markup. XI. Interpretation Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When malting such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Client and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. XII. Indemnification: The Client and its affiliates shall indemnify and hold harmless Zana & Associates, P.A. and all of its personnel and consultants form and against any and all claims, liability, damages, losses and expenses (including attorney's fees and defense costs) arising out of or resulting from the performance of the services, including the procurement of specialized permits by consultants, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act(s) or omission(s), and/or strict liability of Zona & Associates, P.A. or anyone directly employed by Zona & Associates, P.A. This indemnification shall include any claim, damage, or losses due to the presence of hazardous materials. CONTRACTURAL INDIVIDUALLIABLITY: THE AGENT WHO WILL PERFORM THE PROFESSIONAL ;/ • • THIS Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building 1 1 ! !' •' ! BE 1 INDVIDIUALLY LIABLEFOR XIV. Hidden Conditions: Zona & Associates, P.A. shall not be responsible for hidden conditions nor any resulting damages to persons or property. A condition is hidden if concealed by existing finishes (excluding lay -in type ceilings), buried below floors or finished grade, or is not capable of investigation by reasonable visual observation. If Architect has reason to believe that such a condition may exist, Architect shall notify the Client who shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or correction after due notification, or (2) Architect has no reason to believe that such a condition exists, the Client is responsible for all risks associated with this condition, and Architect shall not be responsible for the existing condition not, any resulting damages to persons or property. Architect shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any form. XV. Mediation I . 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 binding dispute resolution. If such matter relates to or is the subject of a lien arising out of Zona's and its Consultants services, Zona may proceed in accordance with applicable law to comply with the lien notice or tiling deadlines prior to resolution of the matter by mediation or by binding dispute resolution. 2. Mediation, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect on the date of this Agreement. The parties shall share the mediator's fee and any filing fees equally. 3. If the parties do not resolve a dispute through mediation pursuant to this Section G, the method of binding dispute resolution shall be Arbitration pursuant to Section XVII of this Agreement. XVI. Arbitration 1. Any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to binding 81 P c 12/ 1 7/202 1 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. 2. A demand for arbitration shall be made no earlier than concurrently with the fling of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceeding based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institute of legal or equitable proceedings based on the claim, dispute or other matter in question. 3. The award rendered by the arbitrator(s) shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. Jurisdiction and Venue This agreement shall be governed by, and construed with, the laws of State of Florida and venue for any disputes shall be in Duval County, Florida. XVIII. Termination or Suspension 1. This Agreement may be terminated by either party with or without cause upon not less than seven (7) days written notice. In the event of termination, the Architect shall be compensated for services performed prior to termination, reimbursable expenses incurred, and all costs attributed to termination, including costs attributable to the Architect's termination of consultant agreements. 2. If the Client fails to make payments to Zona accordance with this Agreement, and at Zona & Associates' sole option, the failure to pay as described in this Section is cause for suspension of performance of services under this Agreement. If Zona elects to suspend services, Zona shall give seven days' written notice to the Client. Upon receipt of such notice, if Client pays Zona within seven days, all amounts due under this Agreement for services performed through the date of suspension plus any expenses incurred in the interruption and resumption of the Architect's services, then the failure to pay is deemed cured and the Parties shall resume with this Agreement. Neither Zona's failure to immediately exercise its options to terminate for cause, nor its implementation of suspension rights as identified in this Section of this Amendment, shall constitute waiver. XIX. Consequential Damages The Client and Design Professional mutually agree to waive all claims for indirect, incidental, special and consequential damages arising from or related to the services described herein. XX. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired 9111age 12/17/202 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. XXI. Copyright & Licenses The Architect grants to the Client a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintain, altering and adding to the Project. Any unauthorized use of the Instruments of Service under this section shall not apply if the Client rightfully terminates this Agreement. Additionally, any unauthorized use of the Instruments of Service shall be at the Client's sole risk and without liability to the Architect and the Architect's consultants. XXII. CAD Files Upon completion of the project and upon receipt of CAD File Release Form; Architect will provide Client/Client AutoCAD files of the permitted project. Architect further agrees to comply with the requirements of Attachment One, Public Records Provisions, attached hereto and made a part hereof. PROPOSED BY: ***ARCHITECT*** Ili John Zona III, A.I.A., Zona & Associates President ACCEPTED BY: ***CLIENT *** Alliant Engineering, Inc. Clients Date: Marcus DePasquale : December 17th 2021 101P 12/17/2021 Zona & Associates 2600 Belfort Road Jacksonville, FL. 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building ATTACHMENT 1 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida Section . Public Records (a) 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 CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLEACOAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 111Pa e 1 2/ 1 7/202 1 Zona & Associates 2600 Belfort Road Jacksonville, FL, 32216 Contract for Architecture and Engineering Services City of Atlantic Beach Maintenance Building (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 119.10 and s. 119.0701(4), Florida Statutes. Note: ,Section (a) above must he in at least 14 point holdfaced type PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida This is to confirm that we have received the Public Records Provisions Signed: t\ \ U U\M,. ! y \4j ���,S q Print: John Zona III Phone: 904-371-2790 E -Mail: jo yin °,zona-associates.com Date: 01/05/2022 1211'age 1/5/2022