HomeMy WebLinkAboutCity of Tamarac Resolution R-95-0251
Temp. Reso. #6963
Revision #1 1 /27/95
Revision #2 2/06/95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95- a
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 STEVEN FELLER, INC. FOR THE DESIGN OF THE
CITY HALL AIR CONDITIONING SYSTEM IMPROVEMENTS
FOR AN AMOUNT NOT TO EXCEED $20,900.00;
APPROVING THE FUNDING FROM ACCOUNT NO. 001-
888-519-61A ENTITLED "CITY HALL AIR CONDITIONING;"
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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 accept and
execute a Professional Services Agreement with Steven Feller, Inc. for the design of the
City Hall Air Conditioning System Improvements, a copy attached hereto as "Exhibit A,"
to correct deficiencies identified in a report prepared by RMI, Inc., for an amount not to
exceed $20,900.00 and approving the funding from Account No. 001-888-519-61 A.
WHEREAS, it is the recommendation of the Public Works Director that a
Professional Services Agreement for the design of the City Hall Air Conditioning System
Improvements between the City of Tamarac and Steven Feller, Inc. be approved and
executed.
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.
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Temp. Reso. # 6963
Revision #1 1 /27/95
Revision #2 2/06/95
SECTION 2: That the appropriate City Officials are hereby authorized to accept and
execute a Professional Services Agreement with Steven Feller, Inc. for the design of the
City Hall Air Conditioning System Improvements for an amount not to exceed $20,900.00
to be funded from Account No. 001-888-519-61 A entitle "City Hall Air Conditioning," a copy
of said agreement being attached hereto as "Exhibit A."
-SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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 portion or applications of this
Resolution.
SECTION 5: This resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this .day of J11995.
RMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. E ANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
talorm. /
MITCHELL S. KRAtFT
CITY ATTORNEY
GESW
-2-
RECORD OF COMMISSION VOTE
MAYOR ABRAMOWrrZ
GIST. 1: .. V / M KATZ .._
DIST. 2:
FIST. 3:
DIST. 4;
C-ysas
E
"EXHIBIT A"
STEVEN
FELLER PE.,
I N C O R P O R A T E D
January 5, 1994
Steven Feller, P.E.
Anatoly Averbuch
Jorge Cervantes, P.E.
Manuel Andalia
JAN
City of Tamarac, Florida
6001 Nob Hill Road
Tamarac, FL 33321-2401
Attn: Mr. Gordon Sparks
Re: City Of Tamarac
Gentlemen:
This is an agreement for Steven Feller, P.E., Inc. to provide
professional and related services to City of Tamarac, Florida.
For the purpose of this agreement, the term "Engineer" shall mean
Steven Feller, P.E., Inc. and the term "Client" shall mean City of
Tamarac.
0 Scope Of Services
I VERIFICATION PHASE:
A. Verify cooling load in RMI report.
B. Visit field and verify report findings.
C. Visit field and verify major duct sizes where feasible.
II DESIGN PHASE:
A. Prepare permit support documents for Client's submittal
to agencies.
B. Prepare Heating, Ventilating, Air Conditioning (HVAC) and
Electrical design drawings and specifications setting
forth the requirements for construction of HVAC
improvements.
Consulting Engineers
. 2701 W. Oakland Park Blvd., Suite 310
Oakland Park, FL 33311
305 739 7400 FAX 733 0041
6249 Presidential Court, Suite D
Ft. Myers, FL 33919
813 433 0010 FAX 433 3499
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1. HVAC design shall include:
a. Replacement of condenser water pumps #1 and #2.
b. Piping modifications to cooling towers #1 and
#2.
C. Provide larger condensers, cooling coils, and
compressors to air conditioning units 1-A, 2-N,
and 2-S.
d. Remove atrium air conditioning load, existing
ductwork and controls from units 2-N and 2-S.
e. Provide two new air conditioning units,
ductwork and controls for the north and south
atriums.
f. Modify new air and water volumes to meet the
new cooling requirements.
2. Electrical design shall include:
a. Power distribution of 460/3/60 and 120/l/60 to
support the modification to the HVAC systems
and equipment.
C. Prepare engineering estimate of the probable construction
cost related to constructing the work designed by the
Engineer.
D. Upon completion of design, provide the Client with one
(1) set of reproducible design drawings and
specifications, one (1) floppy disk containing design
drawings and specifications and two (2) sets of signed
and sealed plans and/or specifications.
III BIDDING AND NEGOTIATION PHASE OF SERVICES:
A. Attend pre -bid conference.
B. Preparation/distribution of addenda (if required).
C. Evaluation of bids.
IV CONSTRUCTION PHASE OF SERVICES:
Construction Phase Services performed by the Engineer are
undertaken to determine in general that the work being
performed by the Contractor is in accordance with the contract
rl
documents. The Engineer shall not have control over or charge
of and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions or programs, these being the sole responsibility
of the Contractor.
A. Review shop drawings and equipment documentation as
submitted by the Contractor for conformance with the
design documents.
B. Site visits as follows:
1. One preconstruction conference.
2. Four site visits during active construction and
prepare written field report.
3. One substantial completion site visit.
4. One final completion site visit. If more than one
final inspection is required because the Contractor
is not complete, then the Contractor shall pay for
the additional inspections. The Client agrees to
pay the Engineer for these additional inspections
and back charge the Contractor.
• C. Review applications for payment.
D. Preparation of change orders (if required).
ADDITIONAL SERVICES
Additional services are not included in the basic services and
shall only be provided if authorized by the Client in writing.
Additional services shall include, but not be limited to the
following:
A. Field inspections beyond those specified herein.
B. Prepare record drawings based on information as provided
by the Contractors.
C. Construction cost estimates, other than engineering
estimates of probable construction cost.
D. Hidden or concealed conditions requiring additional
design or consulting services.
E. Special consultants, including but not limited to,
Structural Engineers, Civil Engineers, Architects, etc.
0
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FEES FOR SERVICES:
A. For items in "Verification Phase", the Engineer shall be
paid $3,375.00.
B. For items listed for "Design Phase Scope of Services",
the Engineer shall be paid $11,000.00.
C. For items listed for "Bidding and Negotiation Phase of
Services", the Engineer shall be paid not to exceed
$1,500.00. Based on actual time charges at hourly rates
shown below.
D. For items listed for "Construction Phase Scope of
Services", the Engineer shall be paid not to exceed
$4,700.00. Based on actual time charges at hourly rates.
All services shall be billed monthly based on the
following hourly rates.
Principle
$125.00
per
hour
Senior Engineer
85.00
per
hour
Engineer
75.00
per
hour
CAD
45.00
per
hour
Office Services
-35.00
per
hour
The above rates shall be adjusted each year, commencing
January 1, 1995 to reflect the change in rates officially
established by the Engineer.
Client shall reimburse the Engineer for any applicable sales
tax imposed on services rendered by Engineer to Client.
LIABILITY:
Engineer shall indemnify and hold harmless the City of Tamarac, its
elected and appointed officials and employees from any and all
claims, suits, actions, damaged, liability, and expenses (including
attorneys' fees) in connection with loss of life, bodily or
personal injury, or property damage, including loss of use thereof,
directly or indirectly caused by, resulting from, arising out of or
occurring in connection with the operations of Engineer or his
subcontractors, agents, officers, employees or independent
contractors, excepting only such loss of life, bodily or personal
injury, or property damage solely attributable to the gross
negligence of willful misconduct of the City of Tamarac or .its
elected or appointed officials and employees.
L�
Client agrees to indemnify and hold Engineer harmless to the extent
allowed by law from and against any errors and omissions in the
information, design drawings, specifications, reports, and shop
drawings furnished to Engineer by the Client that are not obvious.
Otherwise, Engineer shall assume all responsibilities for producing
design and specifications for improvements to be constructed that
shall successfully correct existing deficiencies in the HVAC system
at the City Hall. Nothing contained herein shall serve to limit
the City's sovereign immunity or other right allowed to the City by
law.
TERMINATION:
Either party may terminate this agreement by rendering written
notice duly posted to the other party at the address noted herein,
three (3) days prior to the desired termination date. Client shall
pay for all fees and expenses incurred prior to the termination
date.
BILLING AND PAYMENT:
Engineer shall submit a monthly statement to Client setting forth
the amount due for services and itemizing amounts due for expenses.
Client shall pay the full amount of such statement within thirty
(30) days after receipt. Client agrees that any sums billed, not
disputed in written form setting forth specific exceptions and
unpaid after thirty (3) days from the date of receipt, shall be
subject to a late payment charge of one and one-half (1-1/2)
percent for each month or fraction thereof past due.
ATTORNEY'S FEES:
Should services of an attorney be required in connection with
enforcement or performance of this agreement, the prevailing party
shall be entitled to its attorney's fees, expenses, and costs.
AGREEMENT AND PARTIES:
The parties agree that all changes or modifications hereto shall be
in writing and signed by both parties. This agreement is in lieu
of all others expressed or implied.
VENUE:
Venue shall be set in Broward County, Florida for any litigation
arising under this Agreement, and pursuant to Florida law.
. NOTICE:
Whenever either party desires to give notice unto any other party
it must be given by written notice sent by certified United States
mail, with return receipt requested, addressed to the party for
whom it is intended, at the places last specified, and the places
for giving of notice shall remain such until they 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.
INSURANCE:
Engineer agrees that in the performance of work and services under
this Agreement, comply with all Federal, State and Local laws and
regulations now in effect, or hereinafter enacted during the term
of this Agreement that are applicable to Contractor, its employees,
agents or subcontractors, if any, with respect to the work and
services described herein.
Engineer shall maintain in full force and effect during the life of
the contract. Workers' Compensation insurance covering all
employees in performance of work under the contract. Engineer
shall make this same requirement of any of its subcontractors.
Engineer shall indemnify and save the City harmless from any damage
resulting to them for failure of either Proposer or any
subcontractor to take out or maintain such insurance.
The following are required types and minimum limits of insurance
coverage which Engineer agrees to maintain during the term of this
contract.
GENERAL LIABILITY
Comprehensive
Premises -Operations
Contractual Liability
Personal Injury
Independent Contractors
Cross Liability and Severability
PROFESSIONAL LIABILITY
WORKERS' COMPENSATION
MINIMUM LIMITS
1,000,000
(Per Occurrence)
of Interest Clause
MAXIMUM LIMITS
1,000,000
STATUTORY
Neither the Engineer nor any subcontractor shall commence work
under this contract until they have obtained all insurance required
under this section and have supplied owner with evidence of such
coverage in the form of a Certificate of Insurance. Such
certificates shall be approved by the City.
0
All correspondence shall be sent to the following:
CITY•
Gordon Sparks
6011 Nob Hill Road
Tamarac, FL 33321--2401
CONSULTANT:
Steven Feller, P.E., Inc.
2701 West Oakland Park Blvd.
Suite 310
Oakland Park, FL 33311
9
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. CITY OF
TAMARAC, through its City Manager signing by and through its City
Council and Steven Feller, P.E., Inc., signing by and through
Steven Feller, P.E. duly authorized to execute same.
ATTEST:
CAROL A. EVANS
CITY CLERK
ROVED AS TO FORM AND
L S rr
FF ENCY:
tA
MITCHELL S. T
CITY ATTORNEY
ATTEST:
STEV FELLE , E., INC.
St en Fell r, P.E.
President
SF/mcw
cc: 05980105
0
CITY•
CI F T LRAC
By:
1?06Eh7- S, NOS ;72e , City Manager
On this I day of , 1995
u
ATTEST
V"Y
vk
By a DY
Robert S. Noe, Jr.
City Manager
ATTEST*
Carol A. Evans
City Clerk
STATE OF FLORIDA
SS:
COUNTY OF BROWARD
ACCEPTED BY CITY OF TAMARAC,
GRANTEE
By nAJW�Ae (�4&W
Norman Abramowitz
Mayor
Date:
B
Y
Robert S. Noe, Jr.
City Manager
Date: T 9 �S
Apprav6A a to form:
�Y
Mitchell S; aft
City Attorney
1 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
NaR,H�,tJ/¢� .4.yerelTZ �- /2o6�aTs. No. T� , tome known to be the person (s) who executed the
foregoing instrument, and r acknowledged before me that T6c�e_ executed the same.
WITNESS my hand and official seal in the State and County last aforesaid, this
day of _ __ %_ -_ A.D. 19 r.
NO ARY PUBLIC, StaWdf Florida
at Large
'e6' yL L" s Ad G' leo FF
(Name of Notary Public:
Print, Stamp, or Type as Commissioned)
( v ) Personally known to me, or
C ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( 011�13ID NOT take an oath.
GES:mf
Rev.11/30/94 EP-
OFFICIAL NOTARY SEAL
Ric NTRYPA(3.WPO PNYLLIS POLIKOFF
COMMISSION NUMBER
CC390392
MY COMMISSION EXP.
EPT 231998