HomeMy WebLinkAboutCity of Tamarac Resolution R-96-282Temp. Reso. #7585
Rev.#1 - 10/16/96
Rev.#2 - 12/2/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- �21
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT
WITH CARR SMITH ASSOCIATES FOR A
FACILITIES UTILIZATION STUDY;
AUTHORIZING FUNDING IN AN AMOUNT NOT
TO EXCEED $18,340; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, deficiencies in office space at certain City facilities have prompted the
need for a comprehensive study of space allocations in order to determine the efficiency
of current utilization; and
WHEREAS, Resolution 96-62 (Exhibit 1) authorized the execution of an agreement
with six consulting firms to provide continuing engineering and other professional services
on an as -needed basis; and
WHEREAS, Carr Smith Associates was selected as one of the firms qualified to
perform professional services for the City; and
WHEREAS, it is the recommendation of the Public Works Director and Public Works
Operations Manager to execute an agreement with Carr Smith Associates for a
professional study of Facility Space Utilization; and
Temp. Reso. #7585
Rev.#1 - 10/16/96
Rev.#2 - 12/2/96
WHEREAS, funding is budgeted and available for this purpose in an amount not to
exceed $18, 340; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to retain Carr Smith
Associates to provide professional services; and
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 is hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
execute an agreement with Carr Smith Associates to provide professional architectural
services to the City, a copy of said agreement being hereto attached as Exhibit "2".
SEQTION 3.. That funding in an amount of $18,340 is hereby carried
forward from the FY 1996 Budget to the FY 1997 Budget and authorized for this purpose.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SCTI.QN 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.
Temp. Reso. #7585
Rev.#1 - 10/16/96
Rev.#2 - 12/2/96
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 1J2.C&w ber 1996.
LARR MISHKIN
VICE MAYOFI-
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
hav approved this
O UTION as to kv
fo
! RECORD OF COMMISSION VOTE
i MAYOR
, ( DIST 1:
M CHELL S. RAT DIST 2: M mt 'UN
CITY ATTORNEY DIST I
DIST 4:
(MG -Commission Mtg. 10/23/96)
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Temp. Reso. #7328
Revision #1 3113/96
Revision #2 3/22/96
Top. jRao. No,
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96 �12
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
AGREEMENTS WITH SIX (6) CONSULTING FIRMS TO
PROVIDE ENGINEERING SERVICES TO THE CITY
ON AN "AS -NEEDED" BASIS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac publicly advertised Expression of Interest No.
-0 95-21 for Professional Engineering Services in the Fort Lauderdale News/Sun Sentinel
on October 22 and 29, 1995; and
WHEREAS, on November 28, 1995, the submittals from the following seventeen
(17) firms were opened:
1. Carr Smith Associates
2. Craig A. Smith & Associates
3. Professional Services Industries, Inc..
4. Bermello-Ajamil P & Partners, Inc.
5. Camahan-Proctor and Associates, Inc.
6. Hartman & Associates, Inc.
7. Keith and Schnars, P.A.
8. De Rose & Slopey Consulting Engineers, Inc.
TEMP.RESO. No.
Temp. Reso. #7328
Revision #1 3/13/96
Revision #2 3/22/96
9.
Bailey Engineering Consultants, Inc.
10.
Gee & Jenson, Engineers -Architects -Planners Inc.
11.
LakdasNohalem Engineering, Inc.
12.
Consul -Tech Engineering, Inc.
13.
Miller, Legg & Associates, Inc.
14.
Kimley-Horn and Associates, Inc.
15.
Kisinger Campo and Associates, Corp.
16.
Post, Buckley, Schuh & Jernigan, Inc.
17.
Quentin L. Hampton Associates, Inc., Consulting Engineers; and
WHEREAS, the Public Works Director, City Engineer, and Stormwater Utility
Engineer have reviewed the seventeen (17) submittals and recommend the appropriate
City Officials
be authorized to execute agreements for professional engineering services
on as "as -needed"
basis with the following six (6) firms:
1.
LakdasNohalem Engineering, Inc.
2.
Quentin L. Hampton Associates., Inc.
3.
Carnahan -Proctor and Associates, Inc.
4.
Carr Smith Associates
5.
Miller Legg Associates, Inc.
6.
Professional Service Industries, Inc; and
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Temp. Reso. #7328
Revision #1 3113/96
Revision #2 3/22/96
WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the
best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute and enter the City into an agreement with the six (6)
firms listed above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: That the foregoing ,WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Sectign_1 That the appropriate City Officials are hereby authorized to execute
agreements with the six (6) firms listed above, copies of which are attached hereto as
"Composite Exhibit "A".
Section: That if any clause, section, or part of 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 portion or application of this
Resolution.
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Temp. Reso. #7328
Revision #1 3/13/96
Revision #2 3/22196
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
S-ectiglL This resolution shall become effective immediately upon its passage
and adoption.
14
PASSED, ADOPTED AND APPROVED this � day of , 1996.
C�
ATTEST:
, A. EVANS
CLERK
MITCHELL S. KRAFT
CITY ATTORNEY
ges/bl
3127/96 mtg.
•
RECORD' OF COMMISSION VOTE
MAYOR
&URAMOWU
DIST.1:
COMM. MCKAYE
DIST.2:
COMM. MISHKIN
DIST.3:
COMM. SCHREIBER a
DIST.4:
V/M MACHEK
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0 CITY OF TAMARAC
CITY CONSULTING ENGINEERING SERVICES
This Agreement, made and entered into and effective this day of —.A.0 r I'
1996 by and between:
THE CITY OF TAMARAC, a municipal corporation, created
pursuant to the laws of the State of Florida, hereinafter called
"CITY"
and
CARR SMITH ASSOCIATES, hereinafter called
"CONSULTANT"
WHEREAS, CITY requires professional engineering services on a continuing basis to perform such
specific services as CITY may, from time to time, direct; and
WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to
Perform the required services; and
WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth
below, and CONSULTANT is willing to accept such engagement upon such terms and conditions;
and
WHEREAS, CITY in accordance with Florida Statutes Section 287.055, Consultants competitive
Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by
CITY to be most qualified to perform said continuing type Engineering services as City Consulting
Engineer,
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to
be legally bound hereby, the parties agree as follows:
1. SCOPE OF WORK. City hereby engages CONSULTANT as an independent contractor
to perform certain services, and CONSULTANT hereby agrees to perform said services
upon the terms and conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of Tamarac,
if available, which shall be revised as necessary by CONSULTANT to meet the proposed
intent of the proposed projects. Standards of Design not available from CITY shall be
developed by CONSULTANT. CONSULTANT shall perform engineering services related
to various miscellaneous projects, including but not limited to services as Consulting
TEMP. RESO. No. 7
Engineer with respect to roadway and traffic engineering services. Each specific task to be
performed shall be identified and described in detail by a separate written authorization by
CITY, and shall be identified by a separate Job Number established by CONSULTANT.
The specific services which CONSULTANT agrees to furnish and the terms and conditions
for such services as follows:
A. A,'_'j,'ENDANCE Al MEETINGS,, After CITY has issued a written authorization
for a specific task, attendance by CONSULTANT at any subsequent meetings
related to that task shall be considered as part of that task. In addition,
CONSULTANT shall be subject to such provisions as may be contained in the task
authorization. However, it is contemplated that from time to time CITY will desire
that CONSULTANT meet with representatives of CITY and/or other organizations
to discuss subjects not directly related to an already authorized task -- such as a
meeting at which CONSULTANT's specialized knowledge is needed by CITY, or
a meeting conducted so as to develop or disseminate criteria or data that will be
needed by CITY in order to establish a new task, or a meeting at which
CONSULTANT will act as a representative of CITY. In order to minimize
administration, attendance by CONSULTANT at all such meetings shall be
considered as part of one continuing task. This Agreement shall be deemed as the
written authorization for that task, and CONSULTANT's Job Number for that task
hereby is established as 1457. However, CONSULTANT shall not attend any
particular meeting unless CITY has issued specific oral instructions that
CONSULTANT is to attend. The scope of work for Job Number 1457 is defined
to include not only attendance at authorized meetings but also any work needed to
prepare for and/or submit reports concerning such meetings. All invoices for Job
Number 1457 will identify the specific meetings to which they apply. All fees for
services on Job Number 1457 will be compensated as defined in Section M.A.
herein.
B. CONSULTANT shall review and
comment to CITY on those developmental plans submitted to CITY which CITY
determines will require either more engineering expertise or more time than is
available to CITY's own engineering staff.
C. O3MR SERVICES. Upon determination by CITY that it is in need of engineering
services of one of the type listed below, it may issue a separate written authorization
for CONSULTANT to perform said services. The types of service contemplated
are:
1. Special Reports and Studies.
2. Assistance in securing, monitoring, and complying with County, State, or
Federal Grants and Permits.
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3. Engineering Design, including preparation of construction documents,
assistance during bidding and award of contract, preparing a tabulation of the
bids received, and provide a written recommendation for contract awards.
4. Surveys, property plats, and descriptions.
5. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of construction
progress estimates, site visits and/or periodic or full time inspections,
preparing construction change orders, approval of contractor's periodic pay
request, final inspection, issuing completion certificate, and such other
services as may be identified in the task authorization.
6. Other Engineering Services CITY wishes CONSULTANT to complete will
be defined in a Task Order. Each Task Order shall be clearly defined in
writing and attached to this Agreement as an Addendum. Each Addendum
shall be numbered in sequence, and correlated to CITY's Capital
Improvement Project Number and title if applicable, dated, approved by City
Commission if required, and signed by CITY's and CONSULTANT's
representatives. Each Addendum, after execution by both parties to this
Agreement, shall become a supplement to and a part of this Agreement.
Each Task Order shall include a description of the scope of services, time of
completion, and method of compensation for services. Approval by City
Commission and/or signature by authorized representatives of CITY shall
constitute authorization to proceed by the CONSULTANT for services
defined by that Task Order.
H. CITY FURNISHED ITEMS
A. CITY shall designate in writing specific individuals, by title, who will be authorized
to issue written and/or oral instructions to CONSULTANT concerning this
Agreement. In the absence of specific contrary designations, CONSULTANT may
assume that the Director of Public Works and the City Manager each shall be so
authorized, and this Agreement shall constitute the required written designation.
B. CITY shall assist CONSULTANT in obtaining all background information
necessary to the accomplishment of assigned tasks, and shall provide reasonable
access to all existing records, data:, and physical facilities. In addition, CITY shall
forward to CONSULTANT, on 'a -continuing basis copies of all recurring reports
related to the physical and financial status of its utilities, and all correspondence
related thereto.
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C. CTTYshall pay for all costs of publishing advertisements for bids and for obtaining
permits and licenses that may be required by local, State or Federal authorities and
shall secure the necessary land. easements. and rights -of -way. In order to expedite
the processing of an application for a permit or license, CM may, in some
instances, direct CONSULTANT to act for CITY in paying a required fee. In such
instances, CITY subsequently shall reimburse CONSULTANT for any fees,
Without regard to the types of fees applicable to the project involved.
III. FEES AND PAYMENTS (see Exhibit A attached)
A. Each written authorization for an individual task shall include specific information
as to the type and magnitude of fees to be paid for that task. The type of fee
contemplated is:
1. Actual Dirga Salary Cost -Plus a Eerccnt of Actual Directsaluy_Costs Plus
Non -Sal= Cgsts. Salary costs are defined to be actual
direct hourly wages paid to CONSULTANT's employees, computed by
taking the annual salary and dividing by 2,340 hours per year. This base
hourly rate, limited to the work classifications as listed in Exhibit "A", are
attached hereto, shall be used to calculate all times directly chargeable to any
authorized assignment. The percent of actual direct hourly wages for
CONSULTANT's office staff employees shall be 200 percent of actual
hourly wages directly chargeable to any authorized assignment.
CONSULTANT's non -salary costs are defined as the costs incurred on or
directly for the PROJECT, other than the Direct Salary Costs (as defined
heareinbefore). Such non -salary costs shall be computed on the basis of actual
purchase price for items obtained from commercial sources and on the basis
of usual commercial charges for items provided by the CONSULTANT.
Non -salary costs shall include, but not limited to necessary transportation
costs, include mileage at CM's current rate per mile when
CONSULTANT's own automobiles are used outside Broward County,
laboratory tests, and analyses, computer services, use of computers for
CADD and word processing, automatic typing equipment, long distance
telephone, printing, binding, and reprographic charges. When technical or
professional services have been furnished by outside services, as requested
or approved by CITY, an additional ten percent (10%) of the cost of these
services shall be added for CONSULTANT's administrative and continuing
PROJECT responsibilities for outside services less than $10,000.00 When
outside services exceed $10,000.00, the percentage shall be reduced to seven
percent (y%). -
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TEMP. RESO. No.
0 2. Under certain conditions. CITY may accept:
a, provided CONSULTANT can substantiate
his costs and profit. margin, and CITY determines its reasonableness.
b. Cost Pluse provided CONSULTANT can substantiate
his costs and the fixed fee margin is accepted by CITY as reasonable.
B. METHOD OF _PAYMENT, Payment as prescribed for services rendered by
CONSULTANT during the previous billing period shall be due and payable as of
the date of invoice, and shall be paid by CITY no later than the forty-fifth (45th) day
after the date of invoice, unless some other mutually agreeable period of required
payment is established in the authorization for a specific task. It is understood than
an invoice cannot be paid until it has been approved by City Commission, which
normally holds scheduled meetings on the second and fourth Wednesdays of each
month. However, each year the Commission is in recess during the month of August.
Therefore, if the agreed period of required payment for any invoice should end
during the period from the eighth day before the fourth Wednesday in July through
the sixth day after the second Wednesday in September, inclusive, then it is agreed
that the period of required payment for that invoice shall be extended so as to end on
• the third Wednesday in September.
CONSULTANTshall submit monthly invoices to CITY through the Public Works
Director. The Director will review the invoices to insure all charges are allowable
and reasonable before recommending payment of the invoice by the CITY. As a
minimum requirement, each Task Order invoice shall indicate original fee estimate,
invoice date, amount of invoice, and estimated fees remaining. A summary shall be
submitted by CONSULTANT indicating each employee's name, employment
classification, and hours worked on the project for the invoice period.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms contained
herein shall remain in effect until changed by mutual agreement of the two parties. However,
no work shall be performed, and no payments shall be made, unless specifically authorized.
by separate written communication from CITY to CONSULTANT, except for oral
authorizations regarding Job Number 1457, as noted herein before. Each separate task
authorization shall include information as to start and completion times for that task.
V. MISCELLANEOUS PROVISIONS
A. BOOKS OF ACCOUNT. CONSULTANT will maintain local records of payroll
is costs, travel, subsistence, field and incidental expenses applicable to assigned tasks.
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TEMP. RESO. No.
Said records will be made available for examination by CITY at CONSULTANT's
offices located at 3313 West Commercial Boulevard, Suite 110, Ft. Lauderdale,
Florida 33309. Official Books and Accounts of CONSULTANT are usually kept
and maintained at the CONSULTANT's Miami office located at 4055 NW 97
Avenue, Miami, Florida 33178.
B. INSUALICE. Prior to beginning of any work or program covered by this
Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly
executed by the officers or authorized representatives of a responsible and
nonassessable insurance company, evidencing the following minimum coverages and
specifically identifying CITY as an additional insured, which insurance shall be
noncancellable, except upon ten (10) days' prior written notice to CITY.
Individual
Qccurrence Aggregate
Public Liability
Bodily Injury,
Including Death $1,000,000 $2,000,000
Property Damage 100,000 300,000
Automobile Liability
Bodily Injury
Including Death 1,000,000 1,000,000
Property Damage
Professional Liability $2,000,000
C. WD S' ,COMPENSATION CONSULTANT hereby certifies that it has
accepted the provisions of the workers' compensation laws of Florida, insofar as the
work covered by this Agreement is concerned, and that it has insured its liability
thereunder in accordance with the terms of said Acts, as evidenced by the certificate
of insurance which is attached to this agreement.
D. In the event the work
herein contemplated, or any part thereof, shall be abandoned due to circumstances
which CITY considers to be to its own best interests, CONSULTANT shall not be
entitled to any further payment, for such work or part thereof beyond and in excess
of the amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
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E. U"YS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting from
causes beyond the control of CONSULTANT.
F. DISE=S AND N ERPRETAT (LEI. In the event of any disputes as to
interpretation of the terms of this Agreement, the decision of CITY shall be final and
enforceable in a court of competent jurisdiction in the venue of Sroward County
except as provided herein. CITY shall notify CONSULTANT in writing of any
decision CITY has rendered with regard to the interpretation of this Agreement. If
CONSULTANT disagrees with the decision of CITY, the dispute may be decided
by arbitration in accordance with the rules of the American Arbitration Association
then obtaining, should both parties consent to participate in arbitration.
Acceptance of the f nal payment by CONSULTANT shall be considered full release
of all claims against CITY arising out of or by reason of the work done and materials
furnished under this Agreement.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical, or
mechanical representation.
2. Rights in data. All data developed pursuant to this Agreement shall be the
property of CITY and CITY shall have the fiill right to use such data for any
official purpose permitted under Florida Statutes, including making it
available to the general public. Such use shall be without any additional
payment to or approval by CONSULTANT. CITY shall have unrestricted
authority to publish, disclose, distribute and otherwise use, in whole or in
part, any data developed or prepared under this Agreement. All data required
to be sealed and signed by a registered Professional Engineer in the State of
Florida shall not be modified, changed or altered without the express written
permission of CONSULTANT. CITY shall indemnify and hold
CONSULTANT harmless for any loss or expense for any damages arising
out of the modification or use for other projects of CONSULTANT's data
and plans, without the specific adaptation by and consent of
CONSULTANT.
3. Copyrights. No data developed or prepared in whole or in part under this
Agreement shall be subject to copyright in the United States of America or
any other country. CONSULTANT hereby relinquishes or shall cause to be
relinquished any and all copyrights and/or privileges to data developed or
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TEMP. RESO. No.
prepared under this Agreement without any additional payment to
CONSULTANT therefore, CONSULTANT shall not include in the data
any copyrighted matter unless CONSULTANT obtains the written approval
of the City Manager and provides said City Manager with written permission
of the copyright owner for CONSULTANT to use such copyrights matter in
the manner provided herein.
H. C=LIANCE WITH LAWS. CONSULTANT shall fully obey and comply with
all laws, ordinances and administrative regulations duly made in accordance
therewith, which are or shall become applicable to the services performed under the
terms of this Agreement.
I. AbM-DISCRIMINATION. CONSULTANT agrees that in the performance of this
Agreement, that it will not discriminate or permit discrimination in its hiring
practices or in the performance of this Agreement against any person on the basis of
race, sex, religion, political affiliation, handicap or national origin.
J. SUBCONTRAC=G. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of CITY. Some specialty
subconsultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by
is CITY.
K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to
monies to be paid hereunder without the prior written consent of CITY.
L. CONSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and
designed under this Agreement are prepared by ENGINEER through exercise of its
experience and judgment in applying presently available cost data, but it is
recognized that CONSULTANT has no control over cost of labor and materials, or
over the Contractor's methods of determining prices, or over competitive bidding
procedures, market conditions, and unknown field conditions so that it cannot and
does not guarantee that proposals, bids or the project construction costs will not vary
from its cost estimates.
M. SITE VISITS. Visits to the construction site and observations made by
CONSULTANT as part of his services shall not relieve the construction
contractor(s) of his obligation to conduct comprehensive inspections of the work
sufficient to insure conformance with the intent of the Contract Documents, and shall
not relieve the construction contractor(s) of his full responsibility for all construction
means, methods, techniques, sequences, and procedures necessary for coordinating
and completing all portions of the work under the construction contract(s) and for all
safety precautions incidental thereto. Such visits by CONSULTANT are not to be
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TEMP. RESO. No. �..
construed as part of the inspection duties of the on -site inspection personnel defined
in other parts of this Agreement.
N. ON -SITE MONITORING. The resident observation personnel will make reasonable
efforts to guard CITY against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause
CONSULTANT to be responsible for those duties and responsibilities which belong
to the construction contractor(s) and which include, but are not limited to, full
responsibility for the techniques and sequences of construction and the safety
precautions incidental thereto, and for performing all construction work in
accordance with the Contract Documents.
O. TIME OF PERFORMANCE. CONSULTANT shall commence performance on
each specific Task Order upon receipt of written Notice to Proceed from CITY. The
work shall be completed in accordance with the schedule included in the Task Order.
P. oBLIGA11Qh1s OF clTy ][o CODiSULTANT, CITY shall make available to
CONSULTANT all data in its possession regarding the existing facilities. This data
shall include, but not be limited to, standards, specifications, policies, guides and
engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible
for all necessary approvals from all City of Tamarac departments and administration
of public meetings in CM. CONSULTANT shall prepare exhibits and displays,
information handouts, notes and minutes and assist CITY in conducting all meetings.
Q. MONITORING. CONSULTANT's work shall be subject to the inspection and
direction of the CITY which shall conduct periodic reviews with CONSULTANT.
Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by
CONSULTANT at the direction of CITY and at no additional cost to CITY;
however, it is incumbent upon CITY to notify CONSULTANT immediately of any
work deemed unsatisfactory and failure to do so shall allow such corrective action
as necessary to be billable to CITY. CONSULTANT will indemnify CITY for an
increased construction costs solely and proximately caused by negligence on the part
of CONSULTANT concerning any assigned project.
R F„XTR A SERN ES, If extra services are required for satisfactory completion of the
work or any phase thereof, and extra costs are thereby necessarily incurred by
CONSULTANT. CONSULTANT may be reimbursed only upon execution of a
Supplemental Agreement between the parties. However, CITY shall not reimburse
CONSULTANT for any extra 'services occasioned by interruption, postponement
or abandonment of the work because of circumstances which CITY deems to be in
its best interest, provided CITY provides proper written notice to CONSULTANT
0 of such interruption, postponement or abandonment of the work. In such case, CITY
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TEMP. -RESO. No. 75'
• shall pay only the costs of services rendered up to the time of such interruption,
postponement, or abandonment.
S. CMSIITANT'S REPRESaTAIIYE. CONSULTANT will, at all times during
the normal work week, designate or appoint one or more representatives of
CONSULTANT who are authorized to act on behalf of CONSULTANT regarding
all matters involving the conduct of the performance pursuant to this Agreement and
shall keep CITY continually advised of such designation.
T. WRIZM NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified 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 of
notice shall remain such until it shall have been changed by written 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:
Fgr CITY With Col2y to
Robert S. Noe, Jr. Mitchell Kraft
City Manager City Attorney
• City of Tamarac City of Tamarac
7525 Northwest S$th Avenue 7525 Northwest $Sth Avenue
Tamarac, Florida 33321 Tamarac, Florida 33321
For CONSULTANT
Robert J. Behar, F.E.
Principal
Carr Smith Associates
3313 West Commercial Boulevard
Suite 110
Ft Lauderdale, Florida 33309
U. CITY or CONSULTANT may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
CITY shall forthwith pay CONSULTANT in full for all work previously authorized
and performed prior to the date upon which written notice of termination has been
sent.
CONSULTANT's right of termination shall not be construed to preclude any action
by CITY for damages against CONSULTANT should CONSULTANT not frilly
perform CONSULTANT's responsibilities and duties pursuant to this Agreement.
In no case shall CITY be liable for damages to CONSULTANT as a result of
0 CITY's termination of this Agreement, in an amount in excess of actual costs
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TEMP. RES0. No.
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incurred b CONSULTANT in performing work previously authorized and fully
Y
performed prior to the date on which notice of termination is sent by CITY.
V. NM -EXCLUSIVE AGREEMENT. CITY reserves the right to contract other
engineering firms as Consultant Engineers pursuant to the "Consultants Competitive
Negotiation Act". Nothing in this agreement alters or cancels the terms and
conditions or prior agreements for engineering services between these parties or
between CITY.
W. MEMNIFICATIQN. CONSULTANT, its directors, officers, stockholders, heirs,
and assigns hereby agree to indemnify, hold harmless and defend the City of
Tamarac and/or its officers, agents, or employees acting within the scope of their
employment, from any suit, claim, liability, loss or damage arising out of or in
connection with CONSULTANT's failure to reasonably perform CONSULTANT's
duties and responsibilities pursuant to this Agreement, including attorney fees.
X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or
drawings prepared by CONSULTANT , or on CONSULTANT's behalf are
accurate, capable of being implemented and may be relied upon by any Contractor
retained by CM.
Y. ATTORNEYS FEES. Should CITY successfully bring any manner of legal action
against CONSULTANT, or successfully defend against any suit brought by
CONSULTANT's, arising out of or in connection with disagreement,
CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred
by CITY in bringing or defending such an action.
Z. MODIFICATIONS. It is further agreed that no modification, amendment or
alteration in the terms of conditions contained herein shall be effective unless
contained in a written document executed with the same formality and with equal
dignity herewith. Such modification or amendment shall be attached to, and shall
thereupon become a part of this Agreement.
AA. AUTHORIZING ACTION. This Agreement is entered into by CITY
purm t to a MotionlResolution of the City Commission passed at a meeting
held on .ttJi �'� 1996.
11
IN WITNESS
first above write
0
Yresit - Brian J. Mirson
Atte5
By:
TEMP. RESO. No..�.,�. �`�..
the parties have duly executed this Agreement the day and year
By: 4""
tayMorg&-WNVPkMAN ADRAM& i rz
(70> r\�
By: ] 'f� Q.,A
City Manager - RovsvAr S. `oEi JA.
12
ATTEST: 2-zi--Z
Sy:
City Clerk - CAkcL A. EJR)Js
to Form:
Attorney for thelity of Tamarac
CARR SMITH SSOCJATES
TEMP. -RESO. No. 75�
City of Tamarac
October 8, 1996
CITY OF TAMARAC
FACILITIES UTILIZATION STUDY / FEE PROPOSAL
10/7/96
$eope_of Work
The scope of work shall include a complete "Facilities Utilization Study" of the following
public buildings for the city of Tamarac:
Utilities / Engineering Building
Public Works (2 floors)
Multipurpose Center
Recreation Center
Water Treatment Plant
Municipal Complex - offices (2 floors)
Broward Sheriff's Office
Fire Station No. 1
Fire Station No. 2
The purpose of the study is to analyze the city's existing space allocation, provide a
prototype comparison in order to decipher any deficiencies and provide a schematic solution
to meet the space requirement needs including expansion over the next 10 years. The fee
-. estimate enclosed, provides a concise breakdown of the tasks involved in completing this
study.
Deliverables
Carr Smith shall provide a summary of the study in a report format including a prototype
comparison list, questionnaire data, adjacency matrix, cost estimate and graphic illustrations
of existing conditions, proposed reallocation and furniture layouts. If the study determines
- +�-- the need for new construction, Carr Smith can provide a fee estimate for design and
construction documents at that time.
Fee Estimate
The total fee for the scope of work described above is a lump sum of $18,340.00. Following
is a breakdown of this estimate:
W--.-....
■
0
(.ARR_.SM1TH.L,*1SS0.(UTES
TEMP. RES4. No. 7.�
City of Tamarac
October 8, 1996
L RESEARCH / COORDINATION OF EXISTING DATA $5,940.00
The coordination and verification of existing data is critical to the successful analysis of
the city's facilities. This phase of the project shall include the following:
I) Verifj4ation of Existing Plans / Furniture
The as -built / construction document floor plans provided by the city need
to be verified via a staff member from the architects office through on -site
inspections. In addition, the existing furniture, phones, and computer
stations shall be tabulate and located graphically for use in developing cost
estimates and schematic solutions.
2) Preparation and Induction of Space Allocation Questionnaire
Carr Smith shall prepare a formal questionnaire targeting departmental
needs, adjacency requirements and description of function. The data from
this questionnaire shall be used in defining the adjacency matrix and
conceptual solutions.
IL -U=ATION ANALYSIS2 400.0
The utilization analysis of existing and proposed conditions is commonly accomplished
p
through the two-step process described below:
1) Prototype Comparison List
One of the first steps in analyzing the existing space conditions is the
preparation of a prototype comparison list. This list depicts a standard s.f.
requirement from which the existing facilities shall be compared. Standards
- �- - -- such as "Timesaver Standards", government minimums and programming
guides shall be averaged as a basis for comparison. This list shall set the s.f.
limit for all occupied spaces, delineating the difference in office space for
example between a department head, assistant, administration, etc. This list
shall be broken down into 3 columns: 1) prototype s.f., 2) existing s.f., and
3) resulting deficiency, and shall subsequently be utilized in determining the
overall deficiency in space.
2) Adjacency Matrix
An adjacency matrix shall be coordinated through the use of data derived
from the questionnaire. This matrix illustrates essential departmental
adjacencies critical to the efficient function of each department. The matrix
is a tool used in preparing the bubble diagram / conceptual layout.
■
CARR S ITH ',"SSOCIATES
TEMP. RESO. No...,,
�J
0
City of Tamarac
October 8, 1996
III. GRAPHIC SOLUTIONS /_COST ESTIMATES $12,000.00
The final phase of the analysis provides the deliverables of the analysis: schematic
floor plans and a detailed cost estimate:
il Schematic Floor „Plans
The first step in graphically programming the new reallocation of space
per the results of the utilization study is the production of conceptual
bubble diagrams. These diagrams, aptly named, prioritized functional
relationships through graphic representation of critical, moderately
important and not necessary adjacencies. These diagrams are used as
communication tools in the process of defining the reallocated space.
The schematic design plans shall include the furniture layout, and
electrical needs so an accurate cost estimate for the renovation / addition
can be provided. These plans shall be scaled drawings illustrating a
proposed solution in plan to the space needs for all of the buildings stated.
If the space utilization study determines that a new building should be
built, only the square footage requirements and suggested departments
shall be tabulated. Additional services shall be requested for schematic
designs of a new building or exterior additions to an existing building if
the need is determined since this is an unknown quantity at this time.
2) Corresponding Cost Estimate
A detailed cost estimate, broken down into the standard 16 CSI division
format shall be provided. The cost estimate can be broken down into
strategic groupings of work so the city can use to phase the project it'
needed.
TOTAL FEE
$189340.00
■
CARR SMITH .SSO(�ITES
TEMR-RES0. No.Z
•
10—
E
City of Tamarac
October 8, 1996
Time Schedule
The complete product can be delivered to the City within 4 months of the Notice to Proceed
for this proposal.
CARR SMITH ASSOCIATES
ana Gold , RA
Project Manager
Dated: /0 • of - I &O
CITY OF TAMARAC
'3- S. 0
Signature of Approval
Title: C i. , -1 q,nLiq
Print Namur S. peg'Tr.
Dated: 19114
Larry Misr in, Vice Mayor
Dated: / le�✓ 3 A Y
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