HomeMy WebLinkAboutCity of Tamarac Resolution R-99-334Page 1
Temp. Reso. # 8836 - 11 /15/99
Rev. 1 - 12/1/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 3.3 V
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SECOND AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND FACILITIES
DEVELOPMENT (FD), DEPARTMENT OF
MANAGEMENT SERVICES, STATE OF FLORIDA FOR
THE PROVISION OF CERTAIN PROJECT
MANAGEMENT SERVICES FOR THE SENIOR &
COMMUNITY CENTER PROJECT INCREASING THE
TOTAL FY00 PROJECT BUDGET TO $4,386,920.00;
AMENDING THE GENERAL IMPROVEMENTS FUND
OF ESTIMATED REVENUES AND EXPENDITURES IN
THE AMOUNT OF $51,353; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Facilities Development (FD), Department of Management
Services, State of Florida entered into an agreement with the City of Tamarac on
October 28, 1998, and a subsequent amendment on January 27, 1999, to provide
certain project management services for the Senior & Community Center project,
attached hereto as "Exhibit I; and
WHEREAS, the amended agreement authorizes FD to enter into agreements
as AGENT for the CITY with architects, engineers, contractors, not to exceed the
FY99 project budget of $3,994,217.00, subject to approval by the City Manager; and
WHEREAS, additions to the scope of the Senior & Community Center project
have necessitated additional budget allocations in FY00 for a total project budget of
$4,386,920.00; and
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Temp. Reso. # 8836 - 11 /15/99
Rev. 1 - 12/1/99
WHEREAS, the City wishes to enter into a second amendment to increase
FD's amended project authority of $3,994,217.00 by $392,703.00; $328,353.00 from
the FY00 General Fund, $48,706.00 from traffic improvement funds, and $15,644.00
from sidewalk funds; and
WHEREAS, the City wishes to execute the second amendment to Exhibit II of
the October 28, 1999 agreement to reflect an increase in the total FY00 project
budget to $4,386,920.00 and to provide for increases to the project management fee
in accordance with budget increases, attached hereto as Exhibit II - Second
Amendment; and
WHEREAS, available funds exist in the FY00 General Fund Budget, General
Capital Improvement Project Fund and Street Improvement Fund budgets for said
purpose; and
WHEREAS, interest earnings from the Senior & Community Center proceeds
will provide for the additional budget increase.
WHEREAS, it is the recommendation of the Parks and Recreation Director '
and the Purchasing/Contracts Manager that the amendment to the agreement be
executed; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to
be in the best interest of the City of Tamarac to authorize the appropriate City officials
to execute the second amendment to the agreement between FD and the City of
Tamarac.
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Temp. Reso. # 8836 - 11 /15/99
Rev. 1 - 12/1 /99
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA;
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.
SECTION 2: The appropriate City officials are hereby authorized to execute
the second amendment to the Agreement between the City of Tamarac and
Facilities Development (FD), Department of Management Services, State of Florida,
attached hereto as Exhibit II -Second Amendment, to reflect an increase in the total
FY00 project budget to $4,386,920.00 and to provide for increases to the project
management fee in accordance with budget increases.
SECTION 3: The City Commission authorizes the appropriate City Official to
amend the General Capital Improvements Fund revenue account "Interest Earnings
in the amount of $51,353 and appropriate said funds, including any and all
subsequent budget transfers, into account entitled "Improvements Other Than
Building/Construction."
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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.
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Temp. Reso. # 8836 - 11 /15/99
Rev. 1 - 12/1/99
SECTION 6: This Resolution shall become effective immediately upon
adoption. Q
PASSED, ADOPTED AND APPROVED this F4 day of 1999.
f�
( JOE SCHREIBER
MAYOR
ATTEST:
CAROL GULD, CMC/AAE
CITY CLERK
RECORD OF COMMISSION
JIRY CERTIFY that I have MAYOR SCHREIBER
d th' RES UTIO s DIST 1: EOQU- .PORTNER
DIST 2: VIM MISHKIN
DIST 3: COMM. SULTANpF
DIST 4: �„M ROBF�rrs ,
MITCHEL FT
CITY ATTOR EY
c
STATE OF FLORIDA
Temp. Reso. #8836 - Exhibit 1
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DEPARTMENT OF MANAGEMENT SERVICES
FD PROJECT NUMBER:
0PROJECT NAME AND LOCATION
FACILITIES DEVELOPMENT (FD),
BUILDING 4030, SUITE 315
4050 ESPLANADE WAY
TALLAHASSI'E. FLORIDA 32399-0950
FORM OF AGREEMENT BETWEEN
CITY AND AGENT
COT-98058000
DESIGN & CONSTRUCTION OF SENIOR/COMMUNITY
CENTER,
TAMARAC, FLORIDA
CITY: CITY OF TAMARAC
7525 N.W. 88r" AVENUE
TAMARAC, FLORIDA 33321-2401
TELEPHONE NO. 954-724-2450
FAX NO. 954-724-2408
E-MAIL: lyndaf@tamarac.org
Lawton Chiles
Governor
Don Mills,
Acting Secretary
Temp. Reso. #8836 — Exhibit 1
AGREEMENT FOR SERVICES
THIS AGREEMENT
made this 28 day of October in the year Nineteen Hundred and Ninety Eight
BY AND BETWEEN FACILITIES DEVELOPMENT (FD). DEPARTMENT OF MANAGEMENT SERVICES,
STATE OF FLORIDA, hereinafter called the AGENT or FD, and
CITY OF TAMARAC,
7525 N.W. 88rm AVENUE
TAMARAC, FLORIDA 33321-2401
heKnafter called the CITY or OWNER.
WIT'NESSETH, that %hereas die CITY wishes to retain the services of FD, as permitted by Ci;apter 255.31, Fi�,ride
Statutes, for providing certain program management services for the Project described on the ccvc: page of this
Agreement.
NOW THEREFORE, FD and the CITY, for the considerations hereinafter set fonh, agree as follows:
Article 1. FD agrees to furnish those Program Management Services describe in the attached Exhibit I, which
Exhibit I by reference and attachment hereto forms a part of this Agreement.
Article 2. The Project Budget is as shown in the attached Exhibit II, which Exhibit If by reference and attachment
hereto forms a part of this Agreement.
Article 3. The proposed schedule is as shown in the artache� Exhibit 11I, which Exhibit III by reference and
attachment hereto forms a part of this Agreement.
Article 4. FD is authorized and requested to join in agreements with the CITY and the selected architects,
engineers, contractors, etc„ using FD forms and procedures approved by the City, for the design, bidding and
construction of those parts of the Project activated in writing by the CITY. The CITY will be considered the
OWNER for the purposes of those agreements and FD will act as the OWNFER'S AGENT. %Vhile the CITY will be
a signatory to such agreements, it is the intention of the parties that all of the duties and responsibilities of the CITY
in such agreements shall be carried out by the FD in its capacity as AGENT. T ne CITY understa.-ids and agrees that
Chose agreements will contain a provision substantially as followr.
The entity that will occupy, use and own the Project upon substantial completion is City of Tamarac,
Florida. The funds with which the compensation of the architects, engineers, contractors, etc., will be paid
are under the control of Ciry of Tamarac, Florida. Payments under this contract, as prescribed
hereinabove, will be made by Ciry of Tamarac, Florida, based on approval of each payment by FD,
]Department of Management Se vices, State of Florida.
CITY agrees that, the agreements shall be deemed to be the agreements of the CI Y in view of the fact that the
funds are under the control of the CITY and FD will not have responsibilit} to mane 23"-Ments on the agreements.
Article 5. CITY agrees to desienate a represcnta:iye for the Project to be solely rc�^onsible fer a!l CITY actions
under ;his agreement, and who will rececve, rcview a.;d respond
` in a tin clv r 2^;..rVto all cest ons and re^rues;s
om FD; ann to pay, within thim: r3r) ca;enda� da.vs, a:l invoices appro"cd by FG and ransm:ne to the CITE' fcr
payment. not exceeding the por,ions of the budget shown on the ar,achcd Ex-hib;; 11 which ha•:c beer, activated Ln
writing by a letter from the CITY's rcorescnta;tve to FD
Article 6 FD does not guarantee the Project Ca , be completed within the budget s,"o)-wn in the 3=nccd Exhibit 11,
is I
Temp. Reso. #8836 — Gxh:ibit 1
but does agree not to commit funds in cxcess of this budget without mutual agreement and an Amendment to this
agreement authorizing such increase.
Article 7. FD's administrative fees for the various program management services are based on services as shown in
Exhibit I and shall be as follows:
SIXTY NINE THOUSAND. THREE HUNDRED TEN DOLLARS ($69.310,00)
If the Project Budget is increased in excess of S250,000.00 then FD fee shall be increased by 2.0% of the revised
budget in excess of S3,250,000,00.
Article 8. FD's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the total amount
due and are to be made in 12 payments. Eleven consecutive monthly payments will be made against the invoice for.
the total amount — 10% retainage divided by 11. A 101/a retainage will be held, to be paid as the final payment when
project is completed.
g69,310.00 - 6,970.00, I 1 Months = S5,670.00 i i Equal Monthly Payments of $5,610.00
1 Final Monthly Pavment of $6,930A0
Article 9. Additional Services will be performed for a separate fee to be negotiated and authorized later. Such
services may include, but are not limited to the following:
Attendance at Special Board meetings or workshops in excess of the following:
• DMS Selection
• A/E Selection
• CM Selection
For providing some of the additional services shown above, FD will have to obtaim proposals from outside
consultants and submit them to the CrN for approval. !
Article 10. This Agreement may be terminated by either
y mutual agreement, or
should one parry fail substantially to perform in accordance party
its terms thr)oughsno fault otice bof the other. In ease of
termination by mutual agreement, FD, its Contractors and Architect -Engineer's shall be paid for services performed
up to the date of termination.
Temp. Reso. #8836 - Exhibit 1
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C� J
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES
STATE OF FLORIDA
The CITY OF TAMARAC and Facilities Development (FD) Department of Management Services, State of
Florida, mutually agree to amend the original Agreement for the project management services for the
Senior & Community Center, dated October 28, 1998, as follows:
1. Article 7: FD's administrative fees for the various program management services are based on
services as shown in Exhibit I of the Agreement dated October 28, 1998 shall be as follows:
SIXTY NINE THOUSAND, THREE HUNDRED TEN DOLLARS ($69,310.00)
If the Project Budget is increased in excess of $250,000.00, then FD fee shall be increased by 2.0% of
the revised budget in excess of $4,244,217.00.
2. Exhibit II of the Agreement dated October 28, 1998 Project Budget shall be amended as follows:
Construction Budget
Total FY99 Project Budget
$3,195,374.00
$3,994,217.00
3. All other provisions of the original specifications and agreement shall remain in effect as written,
unless modified by a later written amendment, signed by the parties hereto.
The Remainder of This Page Left Blank Intentionally
Temp. Reso. #88'— Exhibit 1
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IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates
under each signature. CITY OF TAMARAC, through its Mayor AND FACILITIES DEVELOPMENT (FD)
DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, signing by and through its
Contracts Administrator, duly authorized to execute same.
Attested:
d
By:
Carol Gold
Citv Clerk
As Witnessed:
By:
CITY OF TAMARAC
7525 NW. 88"' AVENUE
TAMARAC, FLORIDA 33321-2401
By:
Joe Schreiber
Mayor
Reviewed and Approved As To Form
BY /'
Ul"itchell S. Kr
City Attorney
I 'i- S-
B
Y.
Robert S. Noe, Jr.
City Manager
FACILITIES DEVELOPMENT
DEPARTMENT OF MANAGEMENT SERVICES
STATE OF FLORIDA
Approved:
H. R. Houg
Contracts Admini rator
Approved As To Form and Legality:
By: 0
Office of General Counsel,
Department of Management Services
State of Florida
C�
EXHIBIT II - SECOND AMENDMENT
Temp. Reso. # 8836
Rev. 1 - 12/1/99
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND FACILITIES DEVELOPMENT (FD), DEPARTMENT OF MANAGEMENT SERVICES
STATE OF FLORIDA
The CITY OF TAMARAC and Facilities Development (FD) Department of Management Services,
State of Florida, mutually agree to amend the original Agreement for the project management
services for the Senior & Community Center dated October 28, 1998, as follows:
Article 7: FD's administrative fees for the various program management services are
based on services as shown in Exhibit I of the Agreement dated October 28, 1998 shall
be increased to $75,648.00.
Further, if the Project Budget is increased, then FD's fee shall be increased by 2% of the
revised budget in excess of $4,386,920.00.
Exhibit II of the Agreement dated October 28, 1998 Project Budget shall be amended as
follows:
Construction Budget
Total FY00 Project Budget
$3,954,585.00
4,386,920.00
3. All other provisions of the original specifications and agreement shall remain in effect as
written, unless modified by a later written amendment, signed by the parties hereto.
The Remainder of this Page Left Blank Intentionally.
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EXHIBIT II - SECOND AMENDMENT
Temp. Reso. # 8836
IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates
under each signature. CITY OF TAMARAC, through its Mayor AND FACILITIES DEVELOPMENT (FD)
DEPARTMENT OF MANAGEMENT SERVICES, STATE OF FLORIDA, signing by and through its Contracts
Administrator, duly authorized to execute same.
Attested, ^- /
By:_
Carol Go CMC/AAE
City Clerk
As Witnessed:
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CITY OF TAMARAC
7525 N.W. 88th AVENUE
TAMARAC, FLORIDA 33321-2401
APPROVED:
By:
Joe Schreiber
Mayor
Revi a and Appr ved As To Form
B:
Mitch S. Kraft
City Attorney
ryw:
Je y L. Miller
ity Manager
FACILITIES DEVELOPMENT
DEPARTMENT OF MANAGEMENT SERVICES
STATE OF FLORIDA
Approved:
By:
H. R. Houg
Contracts Adminis for
Approved As To Form and Legality:
By:r"14:i0is
Office of General Couh6el
Department of Management Services
State of Florida
DEPARTMENT OF MANAGEMENT
SERVICES
4050 Esplanade Way • Tallahassee, Florida 32399-0950
JEB BUSH, GOVERNOR
Building Construction
Building 4030, Room 315
December 16, 1999
Ms. Kathleen S. Margoles,
Director of Parks & Recreation,
The City of Tamarac
7501 North University Drive
Tamarac, Florida33321-2401
RE: The City of Tamarac,
Tamarac, Florida
DOCUMENT: EXHIBIT I1-SECOND AMF,NDMENT TO AGREEMENT,
Temp. Reso. #8836
Rev. 1—12/1/99
Dear Ms. Margoles:
TOM MCGURK, SECRETARY
Enclosed are Two (2) copies of the above referenced document for the referenced Project for your
execution, which have already been executed by Department of Management Services. Please have
signed by the appropriate persons in your office, keep one copy, and return remaining copy back to
this office for distribution.
Sincerely,
74 /` 1
4VL)
H.R. Hough,
Contracts Administrator
E-Mail: hough@dms . state. f1. us
Enclosure
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