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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-060Temp. Reso# 11165 April 25, 2007 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-� Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. # 07-05E WITH SALTZ MICHELSON ARCHITECTS TO PROVIDE ARCHITECTURAL SERVICES FOR THE DESIGN OF THE TAMARAC FIRE STATIONS 41 & 78 FACADE AND INTERIOR RENOVATION IMPROVEMENT PROJECT, IN ACCORDANCE WITH THE CITY'S CONTINUING SERVICE AGREEMENT AS AUTHORIZED BY RESOLUTION #R-2006-131; AUTHORIZING AN EXPENDITURE FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $88,750.00; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents and visitors with a high level of emergency services by enhancing and improving its fundamental areas of response and recovery; and WHEREAS, the proposed fagade improvements and interior renovations are a result of the age and condition of the existing structures; and WHEREAS, the renovation to the fire stations will include replacing and upgrading garage bay doors to meet hurricane standards, renovations to sleeping quarters for emergency service staff, renovations to exercise rooms, renovations to the restroom facilities, and a better utilization of space throughout both stations; and WHEREAS, the City requires the services of an architectural firm knowledgeable in Temp. Reso# 11165 April 25, 2007 Page 2 of 4 the area of designing and permitting interior renovations on existing structure and exterior facade improvements; and WHEREAS, Saltz Michelson Architects possesses the required knowledge and experience to provide professional design services for the renovations of the Tamarac Fire Stations 41 & 78 Facade and Interior Renovation Improvement Project and has submitted a detailed proposal in the form of Task Authorization No. 07-05E in the amount of $88,750.00 (attached hereto as Exhibit 1); and WHEREAS, the proposal for this work describes all tasks to be performed in accordance with the City of Tamarac's Continuing Services Agreement as authorized by Resolution No. R-2006-131 dated July 12, 2006, a copy of which is on file in the office of the City Clerk; and WHEREAS, Saltz Michelson Architects, has been pre -qualified as an approved consultant for architectural services by the City of Tamarac as authorized by Resolution No. R-2006-131 and the associated Continuing Services Agreement dated July 12, 2006; and WHEREAS, adequate funding exists for this work in the Capital Improvement Project Budget; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing Contracts Manager that Task Authorization No. 07-05E from Saltz Michelson Architects be approved, executed and funded; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute Task Authorization No. 07-05E with Saltz Michelson Architects, to provide professional Temp. Reso# 11165 April 25, 2007 Page 3 of 4 architectural services for the design and renovation of the Tamarac Fire Stations 41 & 78 Fagade and Interior Renovation Improvement Project for an amount not to exceed $88,750.00 and to provide funding from the appropriate budgeted Capital Improvement Project accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 07-05E with Saltz Michelson Architects (Attached hereto as Exhibit 1) to provide professional architectural services for the design of the Tamarac Fire Stations 41 & 78 Fagade and Interior Renovation Improvement Project in accordance with the City's Continuing Services Agreement as authorized by Resolution R- 2006-131 on July 12, 2006. SECTION 3: An expenditure in an amount not to exceed $88,750.00 for said purpose is hereby approved. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-156 (b) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION 5: All budget amendments for proper accounting purposes are Temp. Reso# 11165 April 25, 2007 Page 4 of 4 hereby approved. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this Q�h day of , 2007. ATTEST: I L--O- 14-M BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION vnTF- MARION SWENSO , CIVIC MAYOR FLANSBAUM-TALA CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GR DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S M9 S' MUEL . G EN CITY ATTO NEY 1 1 1 Cifyf aarnara prthaiog & cont"af."I Division ..... As... AGREEMENT BETWEEN THE CITY OF TAMARAC AND SALTZ MICHELSON ARCHITECTS, INC. THIS AGREEMENT is made and entered into this 3Lhday of tne3L4 , 20 1, by and between the City of Tamarac, a municipal corporation with prinoipal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Saltz Michelson Architects, Inc., a Florida corporation with principal offices located at 3501 'Griffin Road, Fort Lauderdale, FL 33312 (the "Consultant") to provide project task architectural/engineering under the City's Continuing Services Agrearnent, 06-06R, approved by City Commission, July 13, 2006. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: / 1) The Contract Documents The contract documents shall consist of this Agreement, Document No. 06-06R, Attachment "A" Proposal, revised dated April 12, 2007, including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to provide architectural/engineering services under this Task Authorization No. 07-05E for renovations to Tamarac Fire Stations 41 and 78 as contained in Attachment "A". 2.1.2 Consultant shall perform architectural/engineering services as detailed in Attachment "A" as approved by City. 2.1.3 Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of City ofTamarac 7 Puts haling & Contrrads Division the work. Consultant shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Consultant's expense. 2.1.4 Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.5 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule No work shall be performed prior to Commission approval and a Notice to Proceed is issued by the City. The schedule for services shall be as outlined in Consultant Proposal herein included as Attachment "A" and made part of this Agreement. 5) Contract Sum The Contract Sum for all work awarded shall be as detailed in the fee schedule of Attachment "A" for a total "not to exceed" amount of $88,750.00. G) Payments The City shall pay in full the Contract Sum to the Consultant upon completion of all C iiyf fat Tam arm, Putchasing & Conha(.Is Division work as detailed in Attachment "A" of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub - Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure City cxf T<zrrd:rr<: c purchasing & C:c>r�t ads,, Division that employees are treated during employment, without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac of Y amad ac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT Saltz Michelson Architects, Inc. 3501 Griffin Road Fort Lauderdale, FL 33312 (954) 266-2700 12) Termination & Contracts Divi.sjon 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. 13) Uncontrollable Forces 13.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and 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. 13.2 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. The nonperforming party shall, within a reasonable time of being prevented or City of Tamarac, � Purchasirig & ��t>nh acts Division 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. 14) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 17) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 19) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. C riy of I'arn<ara Purchasing g & C"��nbaci:, Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its President, duly authorized to execute same. CITY OF TAMARAC Z9j r4m�-' x&c'-o Beth Flansbaum-Talabisco, Mayo Date y`_ATTEST: Jeffr . Mi er, City Manager -,.-Marion Swenson, CIVIC City Clerk M 04, H , Datej 5'-t16 - 0`7 Date: Approved as to form and legal sufficiency: A City 'Attorney AT T: Saltz Michelson Architects, Inc. Company ame (Corporate Secretary) Signature of President/Owner Charles Michelson Type/Print Name of Corporate Secy (CORPORATE SEAL) Mark Saltz, President Type/Print Name of President/Owner 41 z"! 01 ---- Date 7 City of irtnaarar, Purci)as,,mg & t;orrtnarts Divisuon CORPORATE ACKNOWLEDGEMENT STATE OF�flltrt` :SS COUNTY OF W I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mark Saltz, President, of Saltz Michelson Architects, Inc., a Florida Corporation, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that he/s4&executed the same. WITNESS my hand and official seal this day of J 200 Signat a of Notary Public State %J Florida at Large NICHOLLE CHEESMAN My COMMISSION #00338418 i EXPIRES: JUL Bonded through 1 st State Insurance Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or [DID NOT take an oath. ATTACHMENT A Revised April 12, 2007 Revised April 4, 2007 Revised February 15, 2007 Revised January 31, 2007 August 24, 2006 City of Tamarac 6011 Nob Hill Road, 2n4 Floor Tamarac, FL 33321-6200 Attn: Mr. John E. Doherty, P.E. Dear Mr. Doherty: Saltz Michelson Architects is pleased to provide this proposal for Architectural Services for renovations to Tamarac Fire Stations 41 and 78 —Task Authorization #07-05E, located in Tamarac, Florida as follows: 1(. Scone of Services A. Fire -Mon Provide design and construction documents for: 1. Renovate the bunk room into separate sleeping quarters including new finishes 2. Replace garage doors to hurricane rated doors 3. The existing medical supply room will be relocated to the existing hose room on the west side of the building B. Fire Station 41 Provide design and construction documents for: 1. Renovate the bunk room into separate sleeping quarters including new finishes 2. Renovate exercise room 3. Bring day room up to code including HVAC, electrical and new stairs 4. Renovate workshop room into a locker room 5. Renovate dispatch and restrooms 6. Provide new fire sprinklers and fire alarm system 7. Replace garage doors with Dade County NQA accepted hurricane garage doors S. Remodeling of generator room 9. Relocation of medical supply 10. Move generator to exterior of the building 11. Upgrade fagade to approved schematic design concept 3501 G UFFiN ROAD, FOU LAUDERDAU, FL 33312.3444 (954) 266.2700 FAX (934) 266.2701 PrOpOW ?rumba P06242R3 wwwsakn4 Acri.eam . e.maG: a no@alhmkhdwn.wm AM.0MOP City of T== —W fd m E_ Dohcey. P.E. April 12, 2007/April 4. 2007 • Pzge 2 of 3 Sodees for both fire StaJi2nJ will include: • Construction documents will include architecture, structural, mechanical, plumbing and electrical engineering required for building permit. • One pre -design field meeting with the Fire Department and Public Works Staff. • Presentation of proposed design to City Commission at a public workshop. • Construction administration — Monthly site visits to review and provide written comments on progress of work, which includes one substantial completion field inspection. • Design drawings and detailed notes (two copies) shall be submitted for review and comment at 60%, 90% and 100% completion stages. - Will need two weeks commencement notice for scheduling purposes. - Four (4) weeks for 30% drawings on both projects (review and approval) - Six (6) weeks to complete construction drawings • Preparation of construction cost opinion at 60%, 90% and 100% design stages. • Meeting with City staff to discuss 60% & 90% review comments. • Provide ten complete sets of construction documents to be used for bidding purposes and four sets of construction drawings to be used by the contractor for Building permits. • One meeting with the Building Department to address potential Building Department comments with regard to permitting. • Confirm to the best of our ability the completion of the project through City Building Department following completion of construction. Project closeout shall include as - built drawings prepared by the Architect. Contractor shall be responsible for providing accurate as -built drawings/infortnation to the architect. • Review and respond to RFC's and shop drawing submittals. Reviews must be responded to within 14 calendar days of delivery. II. l+ee Schedule A. Fire Station 78 B. Fire Station 41 Reimbursable Expense/Budget S 32,500 S $1,500 S 4,750 The following assumptions have been made in preparing this proposal: 1. All utilities are available to the building. 2. Adequate power is available to the building. No new electric service will be required or replacement of existing fire station electric panel upgrades are included. 3. Permitting is by contractor. 4. All equipment specifications shall be provided by the client. 5. No major structural modifications are required (except connections for the new hurricane garage doors). Minor structural changes such as new openings, generator relation and new stairwell are included. 6. Any CARD drawings or other existing plans available for reference. hopoW Numbe MAW Ati00DY09I city of Iwo= — Mr 3oha 6 Dot&% P 1r Aptil 12,10071A;%i14, 2007 - Page 3 of 3 The following shall be deemed reimbursable expenses to the architect: 1. The expense of filing fees to municipal agencies, if required. This lump sum shall be adjusted upward pro rataifthe scope increases from the above. We will bill you monthly for work completed. The above fee assumes that Salta Michelson Architects is provided all the owner information, which may affect the design. The terms of this proposal will be based upon the open-ended contract agreement currently in effect with the City of Tamarac. If you have any questions, please do not hesitate to contact me, I look forward to worldng with you on this project. Very truly yours, Saltz -t' hel on tests Charles A. Michelson, ALA, LEED AP Principal CAM= PRiC1`City of ia=zc 2007.01-17R4 doc Propel Number PM471t3 A06 =evr