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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-115Temp. Reso #8104 Page 1 2/3/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AWARDING THE LETTER OF INTEREST #98-L-10 TO MANUEL SYNALOVSKI ARCHITECTS, INC., FOR DESIGN AND CONSTRUCTION SUPERVISION OF RENOVATION AND EXPANSION OF THE FIRE STATION AT 4801 WEST COMMERCIAL BOULEVARD, AT A COST NOT TO EXCEED TWENTY SEVEN THOUSAND FORTY DOLLARS ($27,040.00); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City has increased the level of service provided from the fire station at 4801 West Commercial Boulevard (Station 78); and Whereas, the current building and facilities are inadequate to house the additional staff assigned to that location; and Whereas, the City published Letter of Interest #98-L-10 for the design and construction supervision of building an addition to Station 78; and Temp. Reso #8104 Page 2 2/3/98 Whereas, the City examined responses from: Manuel Synalovski Architects, Inc., Scharf & Associates, Inc., The Tamara Peacock Company, M. Simon Associates, P.A., and RHA Chartered, to the letter of interest and determined that Manuel Synalovski Architects, Inc. was best able to meet the needs of the City; and Whereas, the City has negotiated a contract with Manuel Synalovski for his services at a lump sum fee of twenty four thousand eight hundred thirty six dollars ($24,836.00) and reimbursable expenses not to exceed two thousand two hundred four dollars ($2,204.00), for a total cost not to exceed twenty seven thousand forty dollars ($27,040); and Whereas, it is the recommendation of the Fire Chief and the Purchasing/ Contracts Manager that this letter of interest be awarded to Manuel Synalovski Architects, Inc.; 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 award the letter of interest to Manuel Synalovski Architects Inc. for the design and the supervision of Fire Station #78, at a cost not to exceed twenty seven thousand forty dollars ($27,040). NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso #8104 Page 3 2/3/98 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: Manuel Synalovski Architects Inc. is awarded the letter of interest for the design and the supervision of the building of Fire Station #78 at a cost not to exceed twenty seven thousand forty dollars ($27,040). SECTION 3: The City Manager or his designee is hereby authorized to execute the Agreement between Manuel Synalovski Architects, Inc and the City of Tamarac for architectural services (attached hereto as Exhibit 1). SECTION 4: That 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 effect the validity of the remaining portions or applications of this Resolution. 11 1 Temp. Reso #8104 Page 4 2/3/98 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13day of NjA �' , 1998. �J E SCHREIBER MAYOR ATTEST: CAROL GOL MC/AAE CITY CLERK I I ERWBY CERTIFY that I have approved this RESOLUTION as to form. I I�fBHELL S: Rf�i CITY ATTORNEY Coding: Words in StWek thmuqI4 are deletions from existing law; Words in underscored type are additions. RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. MGKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS AGREEMENT Between CITY OF TAMARAC and MANUEL SYNALOVSKI ARCHITECTS, INC. for PROPOSED FIRE STATION NO.78 TAMARAC, FL This is an Agreement between: The City of Tamarac, a municipal Corporation in the State of Florida, hereinafter referred to as "CITY", with principal offices located at 7525 NW 88 Avenue, Tamarac, FL 33321-2401 AND Manuel Synalovski Architects, Inc., a Florida Corporation, its successors and assigns, hereinafter referred to as "ARCHITECT" with principal offices located at 3109 Stirling Road, Suite 202, Fort Lauderdale, FL 33312. WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARCHITECT agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ARCHITECT: Manuel Synalovski Architects, Inc. is the ARCHITECT selected to perform this Agreement. 1.2 CITY COMMISSION: City Commission of the City of Tamarac, Tamarac, Florida. 1.3 CONTRACTOR: The person, firm, corporation or other entity who enters into an agreement with the CITY to perform the construction work for the 10 Project. 1.4 CITY: The City of Tamarac, Florida, a Florida Municipal Corporation. 1.5 NOTICE TO PROCEED: A written Notice to Proceed issued by the CITY. 1.6 PROJECT: Professional services for Fire Station No. 78 as described herein and more clearly specified in Exhibit A. ARTICLE 2 SCOPE OF SERVICES 2.1 The ARCHITECTURAL/ENGINEERING Basic Services shall consist of the phases set forth in Exhibit A attached hereto and made a part hereof and shall include normal structural, mechanical, civil and electrical engineering as applicable for the project including contract administration. 2.2 The ARCHITECT agrees to meet with the CITY at reasonable times and with reasonable notice. ARTICLE 3 TIME FOR PERFORMANCE 3.1 The ARCHITECT shall complete the Services described in Exhibit A at a minimum of 280 calendar days from the date, of written "Notice To Proceed". A breakdown of the time period of each phase and total project duration can be found in the proposed project schedule, noted on Exhibit A. 3.2 Prior to beginning the performance of any services under this Agreement, ARCHITECT must receive a written Notice To Proceed. The ARCHITECT must receive the approval of the CITY in writing prior to beginning the performance of services in any subsequent Phases of this Agreement. Prior to granting approval for the ARCHITECT to proceed to a subsequent phase, the CITY may at this sole option require the ARCHTECT to submit documents and drawings for the CITY's review and/or approval. 3.3 In the event ARCHITECT is unable to complete the above services because of delays resulting from untimely review and approval by the CITY and other governmental authorities having jurisdiction over the Project, and such delays are not the fault of the ARCHITECT, CITY may grant a reasonable extension of time for the completion of work. It shall K be the responsibility of the ARCHITECT to notify the CITY promptly in . writing whenever a delay in approval by a governmental agency is anticipated or experienced, and to inform the CITY of all facts and details relating to the delay. In the event of any delay caused by the CITY, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay, and CITY shall have no obligation to make any payments to ARCHITECT during the period of delay nor be liable for any damages. ARTICLE 4 y COMPENSATION AND METHOD OF PAYMENT 4.1 CITY agrees.to pay ARCHITECT as compensation for its services under the terms of this AGREEMENT a lump sum fixed fee of $24,836 as detailed and listed by phases on Exhibit A, and to reimburse ARCHITECT for certain reimbursable expenses also described in Exhibit A, at actual cost, not to exceed $2,204.00. These expenses shall include items such as copies, courier, faxes, express delivery, long distance calls, mileage, photography, postage, printing and renderings, if needed. 4.2 Any and all payments for additional services shall be as listed in Exhibit A. 4.3 REIMBURSABLE& (a) Direct non -salary expenses, entitled Reimbursable, directly attributable to the Project will be charged at actual cost. (b) Cost of printing drawings and specifications which are required by or of ARCHITECT to deliver services set forth in this AGREEMENT and which are in addition to those required by this AGREEMENT. (c) A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks or other evidence of payment. Local travel to and from the job site will not be reimbursed. 4.4 METHOD OF BILLING AND PAYMENT (a) Lump Sum Contracts: ARCHITECTS may submit bills at the completion and approval of each phase or for partial completion of each phase on a prorata basis. However, requests for payment shall not be made more frequently than a monthly basis. K! (b) CITY agrees that it will make its best efforts to pay ARCHITECT . within (30) calendar days of receipt of ARCHITECT'S statement as provided above, ninety percent (90%) of the total shown to be due on such statement. (c) Upon ARCHITECT'S final completion and CITY'S approval of all Phases described in Exhibit "A", CITY shall remit to ARCHITECT that ten percent (10%) portion of each bill previously withheld by CITY for services performed by ARCHITECT. (d) The CITY shall not release the ten percent (10%) retainage at the completion of Construction Documents until such time as the drawings are submitted for a building permit or upon abandonment of the project or upon a 60 day delay not caused by the ARCHITECT. 4.5 Payment will be made to ARCHITECT at: Manuel Synalovski Architects, Inc. 3109 Stirling Road, Suite 202 Fort Lauderdale, FL 33312 ARTICLE 5 is ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK 5.1 The CITY or ARCHITECT may request changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be contained in written amendment, executed by the parties hereto, with the same formality and of equal dignity prior to any deviation from the terms of this Agreement, including the initiation of any extra work. 5.2 All additional services and changes in Scope of Work shall be approved by the CITY. ARTICLE 6 CITY'S RESPONSIBILITIES 6.1 Assist ARCHITECT by placing at his disposal all available information pertinent to the "Project" including previous reports and any other data relative to design or construction of the Project. 6.2 Furnish to ARCHITECT such data as requested and required for performance of ARCHITECT'S basic services including core borings, 0 probings, and subsurface explorations, hydraulic surveys, laboratory tests and inspections of samples, materials and equipment, appropriate professional interpretations of all of the foregoing, environmental assessment and impact statements, property boundary, easement, rights - of -way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data or consultations unless such data is to be furnished by the ARCHITECT. 6.3 Arrange for access to and make all provisions for ARCHITECT to enter upon public and private property as required for ARCHITECT to perform its services. 6.4 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ARCHITECT, obtain advise of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ARCHITECT. 6.5 Give prompt written notice to ARCHITECT whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of ARCHITECT'S services, or any defect in the work of CONTRACTOR(S). ARTICLE 7 MISCELLANEOUS 7.1 OWNERSHIP OF DOCUMENTS Drawings, specifications, designs, models, photographs, reports, surveys, and other data provided with this Agreement are and shall remain the property of the CITY whether the Project for which they are made is executed or not. This is not an assignment of any copyrights or other ownership rights which the ARCHITECT maintains. 7.2 TERMINATION This Agreement may be terminated by either party for cause, or by the CITY by convenience, upon fourteen (14) days written notice by the terminating party to the other party of such termination in which event the ARCHITECT shall be paid its compensation for services performed to the termination date including all reimbursable expenses then due or incurred to such date of termination. In the event that the ARCHITECT abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of 1.3 • times the full contract fee amount. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by ARCHITECT shall become the property of the CITY and shall be delivered by ARCHITECT to the CITY. 7.3 RECORDS ARCHITECT shall keep such records and accounts and require any and all architects, consultants and sub -contractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this agreement and any expenses for which ARCHITECT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 7.4 EQUAL OPPORTUNITY EMPLOYMENT ARCHITECT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay of their forms of compensation, and selection for training, including apprenticeship. 7.5 NO CONTINGENT FEE ARCHITECT warrants that it has not employed or retained any company or person, other that a bona fide employee working solely for ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for ARCHITECT any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. [.1 7.6 SUBCONTRACTORS 0 In the event the ARCHITECT, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, ARCHITECT must secure the prior written approval of the CITY. Subcontractors shall not be employees or agents of CITY, but shall be considered independent contractors. 7.7 ASSIGNMENT This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARCHITECT, without the prior written consent of the CITY, however, the agreement shall run to the City of Tamarac and its successors. 7.8 INDEMNIFICATION (a) ARCHITECT agrees to pay on behalf of and defend CITY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ARCHITECT, it's employees, or agents including death in connection with services under this Agreement. b To the extent allowable b law, O y ,CITY agrees to indemnify and defend ARCHITECT from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of CITY, its employees, or agents in connection with the services under this Agreement. (c) Both parties agree that the CITY shall pay to the ARCHITECT one dollar ($1.00), receipt of which is acknowledged, in consideration for the ARCHITECT agreeing to indemnify the City of Tamarac as provided under this contract. (d) The above indemnity is a business understanding between the parties and applied to all different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action. Parties mean the CITY and the ARCHITECT and their officers, employees, agents, affiliates, and subcontractors. (e) The execution of this Agreement by ARCHITECT shall obligate ARCHITECT to comply with the foregoing indemnification provision, 7 however, the collateral obligation of insuring this indemnity must be complied with as set forth in Article 7.9. 7.9 INSURANCE ARCHITECT shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Worker's Compensation Insurance, Employer's and Professional Liability Insurance that will assure to CITY the protection contained in the foregoing indemnification undertaken by ARCHITECT. The Comprehensive General Liability policy shall clearly identify the foregoing indemnification as insured under this section. Such policy or policies shall be issued by United States treasury approved companies authorized to do business in the State of Florida. ARCHITECT shall specifically name the CITY as named insured under the Comprehensive General Liability insurance policy hereinafter described. The Professional Liability policy or certificate and the Performance policy shall reference this project by endorsement. (a) Professional Liability Insurance: The limits of liability provided by such policy shall be no less than five hundred thousand dollars ($500,000) to assure the CITY the indemnification specified in Article 7.8. (b) Worker's Compensation Insurance to apply for all employees in compliance with the "Worker's Compensation Lave' of the State of Florida and all applicable Federal laws. In addition, the policy must include: Employers Liability with a limit of $100,000 each accident. Notice of Cancellation and/or Restriction — The policy must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. (c) Comprehensive General Liability with minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or Operations 0 Independent Contractors Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific 9 pp p Agreement including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Tamarac is to be included as "Additional Insured" with respect to liability arising out of operations performed for CITY by or on behalf of ARCHITECTS/ENGINEERS or acts or omissions of ARCHITECTS/ENGINEERS in'connection with such operation. Notice of Cancellation and/or Restriction — The policy must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. (d) Architect's liability insurance shall be primary to any liability insurance policies carried by the CITY and the Architect shall be responsible for payments of all deductibles and/or self insured retention's on their liability insurance policies. Additionally, all policies shall be Occurrence not claims -made forms. (e) Business Automobile Liability with minimum limits of $1,000,000 per Occurrence combines single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability. Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles Hired and non -owned vehicles Employer's non -ownership Notice of Cancellation an Restriction — The policy must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. (f) ARCHITECT shall provide to the CITY a Certificate of Insurance or a copy of all insurance policies required by Article 7.9 including any subsection hereunder. The CITY reserves the right to require a certified copy of such policies upon request. All endorsements and 1'7 • certificates shall state that CITY shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 7.10 REPRESENTATION (a) It is recognized that questions in the day-to-day conduct of the Project will arise. The CITY'S Building Official is designated as the CITY'S representative/agent to whom all communication on the day-to-day conduct of the Project shall be addressed. (b) ARCHITECT shall inform the CITY in writing of the representative of ARCHITECT to whom matters involving the conduct of the Project shall be addressed. 7.11 ATTORNEY FEES, JURISDICTION AND VENUE (a) If the CITY incurs any expense in enforcing the terms of this Agreement whether suit be brought or not, ARCHITECT agrees to pay all such costs and expenses including but not limited to court costs, interest, and reasonable attorney's fees if such claim is a result of an error or omission within the ARCHITECT'S work. (b) The Law of the State of Florida shall govern the validity of this Agreement, its interpretation and performance and any other claims related to it. Venue shall be deemed to be agreed between the parties as to the court of Broward County, Florida. (c) 'Waiver of Jury Trial. CITY and ARCHITECT hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon the contract, arising out of, under, or in connection with the performance of the work, or any course of conduct, course of dealing, statements (whether verbal or written) or the actions or inactions of any party. 7.12 ALL PRIOR AGREEMENTS SUPERCEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that is not contained herein and the parties agree that there are no commitments. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 10 It is further agreed that no modifications amendment or alteration in the terms or conditions contained herein, shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. 7.13 NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph for the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR CITY: Robert S. Noe, Jr. City Manager 7525 NW 88th Avenue Tamarac, FL 33321-2401 With copies to the City Attorney and Building Official FOR ARCHITECT. - Manuel Synalovski Architects, Inc. 3109 Stirling Road, Suite 202 Fort Lauderdale, FL 33312 7.14 TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by ARCHITECT shall act as the execution of a truth - in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of contracting. Any adjustments to the contract price shall be adjusted to exclude any significant sums by which the CITY determines the additions to the contract price were increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. The prices noted in this Agreement are fixed and not subject to adjustment unless agreed to by the City of Tamarac and the ARCHITECT. 7.15 INDEPENDENT CONTRACTOR In performing services under this Agreement, ARCHITECT shall be deemed an independent contractor and shall not act as nor be an agent or employee of the City. As an independent contractor, ARCHITECT will be solely responsible for . determining the means and methods for performing the professional and/or 11 technical services described herein This Agreement shall not be assigned by ARCHITECT, any attempt to do so shall be void and have no effect. All of ARCHITECT`s activities will be at its own risk and ARCHITECT is hereby given notice of its responsibility for arrangements to guard against physical, financial, and other risks as appropriate. ARCHITECT shall observe and abide by all applicable laws and regulations, including, but not limited to, those of the City of Tamarac relative to conduct on its premises. 7.16 STANDARD OF PERFORMANCE In performing its services hereunder, the ARCHITECT will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. IN WITNESS WHEREOF, the parties have made an executed this Agreement on the respective dates under each signature; City of Tamarac through its Mayor and City Manager, authorized to execute same by City Commission the /.3 day of P'i , 1998, and Manuel Synalovski Architects Inc. signing by and through its duly president authorized to execute same. ATTEST: CITY F TAMARAC, FLORIDA By. City Clerk c i Gold, CMC/AAE Schreiber, Mayor to F City/Attd'hby" MitchRIi-s: Kraft WITNESS: ( & Mdet li e i5Gehr0L✓) JPrint or Tvne Naine) — . M l LL � I� (Pri�Type Name) gy. \ 1S. ` t v� obert S. Noe, Jr., City Ma ger • • (Print or .- 12 • • C� CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this i ) Lhday of 1998 by 0 (name of officer or agent, title of officer or agent) of Yj �G (name of corporation acknowledging), a (state of place of incorporation) corporation, personally known on behalf of the corporation. He is identification) as identification and did (did not) take an oath. (type of f) %� mA I A� Al�-� Signature of Notary lic- Sae of Florida Nvmn r 7 a)eoA5c-C Print, Type or Stamp ame of Notary Public es*pr Poo, NORMA J mrinsoa " * My Commission CC483" Nf Expires May. 14. IMP OF F�DA� Bonded by HAI 8W-422-I W5 13