HomeMy WebLinkAboutCity of Tamarac Resolution R-91-210Temp. Reso. # 6175
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--91- ,�7) o
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH ROBERT WALTERS ARCHITECTS PERTAINING
TO ARCHITECTUAL AND ENGINEERING SERVICES
TO THE CITY AS NEEDED; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Robert Walters
Architects pertaining to architectural and engineering services
to the City as needed, a copy of said agreement being attached
hereto as "Exhibit 1".
SECTION 2: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this/8 day of nbvehy,,1991.
ATTEST:
"-�CAROL�A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
2&-4Z
ALAN V. RUF
CITY ATTORNEY
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NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCI1. VOTE
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DISTRICT4:
VIM DENOER -_
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A G R E E M E N T
Between
CITY OF TAMARAC
And
Robert S.Walters, AIA, P.A.
Architectural and Engineering services to the City of Tamarac
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AGREEMENT
BETWEEN
THE
CITY OF TAMARAC
AND
ROBERT S. WALTERS, AIA, P.A.
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PROVIDING FOR ARCHITECTURAL AND ENGINEERING SERVICES TO THE CITY OF
TAMARAC
THIS IS AN AGREEMENT BETWEEN THE' CITY OF TAMARAC, A MUNICIPAL
CORPORATION, ITS SUCCESSORS AND ASSIGNS, HEREINAFTER REFERRED TO AS�
-OWNER
AND
ROBERT S. WALTERS, AIA, P.A. A PRIVATE CORPORATION OF THE STATE OF
FLORIDA, HEREINAFTER REFERRED TO AS ARCHITECT
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WITNESSETH:
WHEREAS, it is in the best interest of the City to be able to
obtain professional architectural and engineering services
expeditiously when a need arises in connection with a study or a
partial or complete construction project; and
WHEREAS, Section 287.055, Florida Statutes, (Consultant's
Competitive Negotiation Act), makes provision for a "continuing
contract" with a firm to provide professional services to the City
for projects in which construction costs do not exceed $500, 000 for
study activities when the fee for such professional services does
not exceed $25, 000, or for work of a specified nature as may be
outlined in the contract, and
WHEREAS, the City has selected the consultant in accordance
with the provisions of Florida Statutes, who will provide
professional architectural and/or engineering services as directed
by the Owner for such projects and/or tasks as may be required from
time to time by the Owner.
NOW,
THEREFORE, the Owner and Architect have agreed as
follows:
A.
The Architect agrees to provide
professional services in accordance with Florida
Statutes and as herein set forth;
B.
The Owner agrees to compensate the Architect
for such services in accordance with
= = provisions for'such"a herein set forth;-
C.
The parties hereto further agree to the following
conditions:
I. THE
ARCHITECT shall provide professional
services in accordance with the Terms and Conditions
of this Agreement.
A.
The term of this contract shall be for one (1) year from
date of approval by the City Council and shall be
renewable at the option of the Owner with the concurrence
of the Architect for successive one (1) year terms not to
exceed a total of three (3) years. In order to exercise
each successive option to renew this contract, the Owner
shall furnish a written notice to the Architect notifying
the Architect of the intention to renew at least 30 days
prior to the end of the then existing contract period, it
shall be presumed that the Architect has agreed to the
renewal of the Contract.
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II. THE OWNER shall compensate
the Terms and Conditions of
as follows:
the Architect, in accordance with
the Agreement
The fee for a task or project when the construction
cost of which is less than $50,000 as defined in
Article 3 may at the option of the Owner, be a
fixed sum as mutually agreed upon by the Owner and
the Architedt or a multiple of Direct Personnel
Expense.
A. FIXED SUM
1. The fee for a task or project may, at the option of
the owner, be a fixed sum as defined in Exhibit "B" of
the attached hereto and made a part hereof.
2. If a fixed sum is agreed upon as the "Basic Fee" for
a project, payments to the Architect on account of the
fee shall be made on a percentage of the Basic Fee
according to the Phase of the work as indicated under
Article 6.
B. HOURLY RATE FEE BASIS
I. Hourly rate fee basis, at the option of the Owner,may be
used for projects, for studies, or reports and
consultation that cannot be fully defined at the
commencement of a project. For projects executed at an
hourly rate fee basis, the Architect shall work toward an
estimated maximum fee which shall not be exceeded without
-- _ prior approval of the owrier,-'=ee attached hourly -.]-ate
schedule)
C. HOURLY RATE FEE BASIS PLUS ADMINISTRATIVE COSTS
For Projects or tasks on which the Owner requires only
the services of a specific subconsultant or a specialized
consultant requested by the Owner, the subconsultant's
services shall be invoiced to the Owner at a multiple of
1.1.5 times the subconsultant's invoice to the Architect,
plus an Hourly Rate Fee Basis for hours expended by the
Architect in coordinating the Project or task.
2. SALARY COST5 FOR ADDITIONAL SERVICES
The term salary costs as used herein shall mean the
hourly rate as shown on Exhibit "A" attached hereto and
made a part hereof including but not limited to
principals, architects, draftsmen, clerks, plus costs
which include sick leave, vacation, unemployment, excise
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and payroll taxes, contributions for social security,
employment compensation insurance, retirement benefits,
and medical and insurance benefits. Said fringe benefit
costs equal a factor of 1.25, the sum total of which is
multiplied by a factor of 2.5. Said salary costs are to
be only for time directly chargeable to the Project. A
detailed breakdown for these costs shall be kept current
and readily accessible to the owner.
C. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES
amounts expended as defined in Article 5.
D. ADDITIONAL SERVICES FEE
The Architect may be authorized to perform Additional Services
as described under section 1.3. The fee for such services will be
computed by one of the following methods:
1. Mutually agreeable Fixed Sum in accordance with Section
IIA.
2. Hourly Rate Fee Basis accordance with Section IIB.
3. Hourly Rate Fee Basis plus Administrative Costs in
accordance with Section IIC.
The owner will reimburse the Architect for authorized
Additional Services as verified by appropriate bills, invoices or
statements.
E. THE SCHEDULE AND.FURTHER CONDITIONS OF PAYMENT shall be
described in Article 6.
ARTICLE 1
ARCHITECT'S SERVICES
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BASIC SERVICES
1.1 The Architect's Basic Services consist of the five phases
described below and includes normal structural,
mechanical, civil, and electrical engineering services;
also includes producing a set of reproducible prints of
drawings (see page 7, Section 1.1.23.)
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain
the requirements of the Project and shall confirm such
requirements to the Owner.
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1.1.2 The Architect shall prepare Schematic Design Studies
consisting of drawings and other documents illustrating
the scale and relationship of Project
components for approval by the Owner.
1.1.3 The Architect shall submit to the owner a Statement of
Probable Construction Cost based on current area, volume,
or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic
Design Studies, for approval by the owner, the Design
Development Documents consisting of drawings and other
documents to fix and describe the size and character of
the entire project as to structural, mechanical and
electrical systems, materials, and such other essentials
as may be appropriate.
The A entitect shall submit tthe of Probable Construction Cost weer a further
Statem
• CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design
Development Documents, for approval by the Owner, Working
Drawings and Specifications setting forth in detail the
requirements for the construction of the entire Project,
including the necessary bidding information, and shall
assist in the preparation of ridding forms, the
-•-.� Conditions of t-he—contract,-•arid the form of - Agreenrant
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustmerits
to previous Statements of Probable Construction Cbst
indicated by changes in requirements or general market
conditions.
1.1.8 The Architect shall assist the Owner in preparing
he
required documents for the approval of government
authorities having jurisdiction over the Project.
BIDDING PHASE
1.1.9 The Architect, following the Owner's approval of the
Construction Documents and of the latest Statement of
Probable Construction Cost, shall assist the Owner in
obtaining bids, including issuing of addenda, and in
awarding and preparing construction contracts.
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CONSTRUCTIO
N PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of
the Construction Contract and will terminate when final
payment is made by the Owner to the Contractor.
1.1.11 The Architect shall provide administration of the
Construction Contract as set forth in the AIA General.
Conditions of the Contract for Construction as may
be
amended by the parties hereto, and the extent of his
duties and responsibilities and the limitation of his
authority as assigned thereunder shall not be modified
without his written consent. In the event of conflict,
this contract shall prevail.
1.1.12 The Architect as the representative of the Owner during
the Construction phase shall advise and consult with the
Owner, and all of the owner's instructions to the
Contractor shall be issued through the Architect.
The Architect shall have authority to act on behalf of
the Owner to the extent provided in the General
Conditions attached hereto, unless otherwise modified in
writing.
1.1.13 The Architect shall at all times have access to the Work,
wherever it is in preparation or progress.
1.1.14 The Architect shall make periodic visits e to the progress a to
familiarize himself generally with
nd
quality of the Work and to determine in general if the
Work - is- proceeding in accordarftae with - thP_'-eoP-tX-act
Documents. On the basis of his on -site observations as
an Architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the
Contractor. The Architect shall not be required to make
exhaustive or continuous on -site inspections to check the
quality or quantity of the Work. The Architect shall not
be responsible for construction means, methods,
techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, and
he shall not be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract
Documents, except as otherwise expressly stated to the
contrary herein. More extensive site representation may
be agreed to as an additional service.
1.1.15 Based on such observations at the site and on the
Contractor's Applications for Payment, the Architect
shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall
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constitute a representation by Architect to the Owner,
based on the Architect's observations at the site as
provided in sub -paragraph 1.1.14 and on the data
comprising the Application for Payment, that the work has
progressed to the point indicated; that to the best of
the Architect's knowledge, information and belief, the
quality of the work is in accordance with the Contract
Documents (subject to an evaluation of the work for
conformance with the Contract Documents, to minor tests
required by the Contract Documents correctable prior to
completion and to any specific qualifications stated in
the Certificate of Payment); and that the Contractor is
entitled to payment in the amount certified. By issuing
a Certificate for Payment, The Architect shall not be
deemed to represent that he has made any examination to
ascertain how and for what purpose the Contractor has
used the monies paid on account of the Contract Sum.
1.1.16
The Architect shall be in the first instance, the
interpreter of the requirements of the Contract Documents
and the impartial judge of the performance thereunder by
both the Owner and Contractor. The Architect's decisions
in matters relating to artistic effect shall be final if
consistent with the intent of the Contract Documents.
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1.1.17
The Architect shall have authority to reject Work which
does not conform to the Contract Documents. Whenever, in
his reasonable opinion, he considers it necessary or
advisable to insure the proper implementation of the
intent of the Contract Documents, he will have authority
to require special inspect n or testing of any Work in
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accordan ce-with the provi ons- a.f, the Contract'Tfocuments
whether or not such Work be then fabricated, installed,
or completed.
drawins,
1.1.18
The Architect shall review and approve shop
samples, and other submissions of the Contractor only for
conformance with the design concept of the Project and
for compliance with the information given in the Contract
Documents.
1.1.19
The Architect shall prepare Change Orders in accordance
with the requirements of the Owner.
1.1.20
The Architect shall conduct inspections to determine the
Dates of Substantial Completion and Final Completion,
shall receive and review written guarantees and related
documents assembled by the Contractor, and shall issue a
final Certificate for Payment.
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erforming any of the
or employees, or any other persons sud reasonable diligence
has
work provided the Architect
that the Contract Documents have been complied
to see
with.
1.1.22
The Architect shall provide complete color schedules
covering all materials for the project.
1.1.23
The. Architect shall furnish the Owner with one s6t of
drawings and two sets of record
reproducible record
showing significant changes made during the
prints
construction process, based on marked up prints,
furnished by the Contractor to
drawings, and other data
the Architect.
1.2 R
JECT REP ESENTATION BEYOND BASIC SERVICES
1.2.1
If more extensive representation at the site than 1.i1
Sub -paragraphs 1.1.10 through 1.
described under
inclusive is required, and if the Owner and .Architect
Full -Time
agree, the Architect shall provide one or more
to the Architect.
Project Representatives assist
1.2.2 Such Full -Time Project Representatives shall be selected,
employed and directed by the Architect, and the Architect
shall be compensated therefore as mutually agreed between
the Owner and the Architect as set forth in this
Agreement.
1.2.3 The duties, responsibilities and limitations of Authority
of su6-Tr—Full-Time Project` Representatives shall be set
forth by -separate contract.
1.2.4 Through the on -site observations by Full -Time Project
Representatives of the Work in progress, the Archit4ct
shall endeavor to provide further protection for Owner
against defects in the Work, but the furnishing of such
project representation shall not make the Architect
responsible for construction means, methods, techniques,
sequences, or procedures, or for the safety precautions
and programs, or for the Contractors failure to perform
the Work in accordance with the Contract Documents,
except as other wise expressly stated to the contrary
herein.
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1.3 DDITIONAL SERV CES
If any additional services are required, they shall be
submitted to the owner for approval prior to proceeding.
Authorization for additional services fees will require
City Council and City Manager approval. The. Architect
shall not be required to proceed until such authorization
is granted.
1.3.1 Providing special analyses of the owner's needs, and
programming the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies
in connection with the Project.
1.3.3 Providing planning surveys, site evaluations, or
comparative studies of prospective site for the Project.
1.3.4 Providing design services relative to future facilities,
systems and equipment which are not intended to be
constructed as part of the Project.
1.3.5 Providing services to -investigate existing conditions or
. facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information
furnished by the Owner.
1.3.6 Preparing documents for alternate bids or out -of -sequence
services requested by the owner. This is not intended to
preclude the Architect or the Owner from preparing a list
of alternate -compo*p-nt parts for consider-Atiop,—in the
bidding.
1.3.7 Providing Detailed Estimates of Construction Cost or
detailed quantity surveys or inventories of material,
equipment and labor.
1.3.8 Providing interior design and other services required for
or in connection with the selection of furniture and
furnishings.
1.3.9 Making major revisions in Drawings, Specifications or
other documents when such revisions are inconsistent with
written approvals or instructions previously given and
are due to causes beyond the control of the Architect.
1.3.10 Making investigations involving detailed appraisals and
valuation of existing facilities related to the Project,
and surveys or inventories required in connection with
• construction performed by the Owner.
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Providing consultation concerning replacement during ofaprofessWorl
damaged by fire or other cause
the type set forth in Paragraph 1.1 as may be
services of
required in connection with the replacement of such Work.
1.3,12
professional services made necessary by the
Providing p major
for the Project or by j
default of the Contractor
in the Work of the Contractor in the performance
defects
of the Construction Contract for the Project.
1.3.13
Providing extensive assistance tion of any
thein the Project utsucha as initial
equipment or system f
testing, adjusting and balance, preparation
start-up or
operation and maintenance manuals, training of personnel
during
for operation and maintenance, and consultation
operation.
1.3.14
eryation of
Providing Contterr he Construction contractinistration and s Time for the
construction of
Project has been exceededby more than 30
days through nof the Architect.
1,3,16
r of the
Providing services after ufor the Pro�ec� except the
f payment
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f inal Certif i.cate or
inspection requirement defined in ARTICLE 16.
1.3.16
Preparing to serve or serving as anlegaexpel proceess eding.
on edingn
connection with any public hearing,
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Providing ser 1 landscces of professionalts for
re"f'`v �,astructuraln Mechranicalr
than the norms P
electrical engineering services for the Project. If
and
and
the Architect is requested to solicit prices
consultants, as
coordinate service of professional
geotechnical services or surveying, normally P v del by
for time
the Owner, the Architect shall be reimbursed,
expended, as an additional service.
1,3,18
Providing any other ervices not otherwise included in
furnished in accordance
this Agreement orr rcustomarily
with generally accepted architectural practice.
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ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding its
requirements for the Project.
2.2 The Owner's representative authorized to act in his
behalf with respect to the Project is the City's agent
for the Project. The Owner or his representative shall
examine documents submitted by the Architect and shall
render decisions pertaining thereto promptly, to avoid
unreasonable delay in the Architect's work.
2.3 The Owner shall furnish a certified land survey of the
site giving, as applicable, grades and lines of streets,
alleys, pavements and adjoining property, rights--of--way,
restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to
existing buildings, other improvements and trees; and
full information in its possession concerning available
service and utility lines both public and private, above
and below grade, including inverts and depths. The
Architect shall not be helf responsible for work relating
to information requested but not furnished.
2.4 The owner shall furnish the services of a soils engineer
or other consultant when such services are deemed
necessary by the Architect, including reports, test
borings, test pits, soil bearing values, percolation
_ tests, -.+r- and water _pollution -tests, ground'`rossosion -
and resistivity test and other necessary operations for
determining subsoil, air and water conditions, with
appropriate professional interpretations thereof. \\
2.5 The Owner shall furnish structural, mechanical, chemical
and other laboratory tests, inspections and reports as
required by law or the Contract Documents.
2.6 The Owner shall furnish such legal accounting and
insurance counseling services as may be necessary for the
Project, and such auditing services as he may require for
the State
2.7 The services, information, surveys and reports required
by Paragraphs 2.3 through 2.6 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon accuracy and completeness
thereof.
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2.8 If the owner observes or otherwise becomes aware of any
fault or defect in the Project or nonconformance with the
Contract Documents, he shall give prompt written notice
thereof to the Architect.
2.9
The owner shall furnish information required of him as
expeditiously as necessary for the orderly progress of
the Work.
ARTICLE 3_
CONSTRUCTION COSTS
3.1
The Construction Cost shall be the total cost or
estimated cost to the Owner of all Work designed or
specified by the Architect, and shall be determined as
follows, with precedence in the order listed:
3.1.1
For completed construction, the total cost of all such
Work;
3.1.2
For Work not constructed, the lowest responsive and
responsible bid received from a qualified bidder for any
or all of such work; or
3.1.3
For Work for which bids are not received, the Latest Cost
Estimate as set by Architect or if amount is disputed, by
Independent Consultants selected and paid for by Owner
and approved by Architect.
3.2
Constr_4ct-j-on Cost does" ---Tot include the fees --.of -the
Architect and Consultants, the cost of the land, rights --
of -way, or other costs which are the responsibility of
the owner as provided in paragraphs 2.3 through �2`.6
inclusive.
3.3 Labor furnished by the Owner for the Project shall be
included in the Construction Cost at current market rates
including a reasonable allowance for overhead and profit.
Materials and equipment furnished by the owner shall be
included at current market prices, except that used
materials and equipment shall be included as if purchased
new for the project.
3.4 Statements of probable construction costs and detailed
cost estimates prepared by the Architect represent his
best judgment as a design professional familiar with the
construction industry. It is recognized, however, that
neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the
Contractor's methods of determining bid prices, or over
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competitive bidding or market conditions.rguarantee Accordingly,
p does not
the Architect cannot and
of probable construction
will not vary from any
cost, or other cost estimate prepared by him.
the Architect in writing of the
3.5 The Owner shall notify begins on the
final budgeted amount beforehe If the ibudgeted
construction documents phase.project construction
amount is less than the estimated yal of an
cost, the Owner shall give written approv revising
increase in the budget, or he shall cooperate
the project scope, or quality or both, to reduce the cost
as required; or shall have the option to abandon the
project at this phase.
3.5.1 If bids are taken andexcessoofsthefinal
responsive
budgeted
n
responsible proposal is require
amount, the owner may accept the proposal, or may
the Architect to change enee, twosngs and reduce the cost specifications, to an
at the Architects exp that changes in
acceptable amount, it being understood by the
scope or quality, will be approved the owne ce and the
Owner. Bids may be rejected by
Architect shall be e thed amountsredesign to reduce stipulated in the
• cost, if bids exceed
following schedule:
10% for projects $350,000 or greater
15% for projects $200,000 to $350,000
20% for projects $200,000 or less
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DIRECT PERSONNEL EXPENSE
eng
ed on
4.1
Direct Personnel Expense of emplo ch�tectsagengineers, e
Project by the Architect includes architects,
writers
designers, job captains, draftsmen, specification
in consultation, research and design, in
and typists,
producing Drawings, specifications ecifications and other documents pertaining to the Project, and in services during
construction at the site.
es and of
4 _2 Direct Personnel Expense includesbenefits cost sucha
s
r statutory
mandatory and custom y
employee benefits, insurance, sick leave, holidays, and
vacations, pensions, and similar benefits.
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RTICLE 5
REIMBURSABLE EXPENSES
5.1
Reimbursable Expenses as authorized in writing by the
in to the compensation for Basic and
Owner are addition
Additional services and include actual expenditures made
by the Architect, his employees, or his professional
consultants in the interest of the Project for the
expenses listed in the following Sub -paragraphs:
5.1.1
Expense of transportation and living when traveling out
in with the Project; long distance
of County connection
calls and telegrams; and fees paid for securing approval
of authorities having jurisdiction over the Project.
5.1.2
Expense of reproductions, postage and handling of
at the
Drawings and Specifications excluding two sets
completion of each Phase for the owner's review and
is
approval. Computing, plotting when Cadd System used.
5.1.3
If authorized in advance by the owner, expense of
higher than regular rates and
overtime work requiring
renderings or models for the Owner's use.
expense of
• 5.1.4
Expense of computer time when used in connection with
Additional Services, if authorized.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
Payments on account of the Architect-'s Basic Service
shall be made as follows:
6.1 Payments for Basic Services shall be made monthl� in
proportion to services performed so that the compensation
at the completion of each Phase shall equal the following
percentages of the total Basic Compensation:
Schematic Design Phase ....•..••.••.••••••15%
Design Development Phase.................35%
Construction Documents Phase ......... .... 75%
Bidding or Negotiation Phase.............s0,
Construction Phase .................. .... 100%
6.2 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages,
or other sum withheld from payments to contractors.
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6.3 If the Project is suspended for more thanYe three months or
shall be
abandoned in whole or in part, e
Arcpaid his compensation for services performed prior to
receipt of written notice from the Owner of such
suspension of abandonment, together with Reimbursable
Expenses then due and all terminal expenses resulting
from such suspension or abandonment. If the Project is
resumed after being suspended for more than three months,
the Architect's Compensation shall be subject to
renegotiation.
R CLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant
and Reimbursable Expenses pertaining to the Project and
records of accounts between the Owner and the Contractor,
shall be made available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
• This Agreement may be terminated by either party upon
seven days written notice. The Architect shall be paid
his compensation for services performed to termination
date, including Reimbursable Expense then due.
C�
RT CLE
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of services
are and shall remain the property of the Architect. In
the event of the re -use of said plan, the Architect shall
receive 50% of the original design fee, which includes
the first three phases of the total Basic Compensation:
Schematic Design Phase, Design Development Phase and
Construction Documents Phase. In addition, it is
understood that the Architect shall be reimbursed for all
direct expenses which would include draftsmen, design
engineers, etc., concerning any and all revisions
necessary for the re -use of said plans. The
reimbursement shall be at the rate of 2.75 times the
Architect's direct expenses. The fee for the Bid Phase
and Construction Administration shall be 25% of the total
Basic Compensation set forth in Section 6.1•
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ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his
partners, successors, assigns and legal representatives
to the other party to this Agreement and to the partners,
successors, assign and legal representatives of such
other party with respect to all covenants of this
Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer his interest in this Agreement
without the written consent of the other.
ARTICLE 11
VENUE
11.1 In connection with any litigation arising hereunder,
venue shall be set in Broward County, Florida.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representation or
agreements, either written or oral. This Agreement may
- ---- be ,amerided only -b-i+rritten instrument---"gned by both
Owner and Architect.
RTICLE 13
APPLICABLE LAW
�`
Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Owner.
ARTICLE 14
PROGRESS REPORT
Progress reports on forms supplied by the Owner shall be
submitted by the Architect describing progress of the
work.
15
LI
ARTICLE 15
CERTIFICATES
At the Completion of the project the Architect shall
certify that to the best of his knowledge the building
has been constructed in accordance with the approved
plans and specifications and approved change orders. The
Architect shall furnish such other certificates ac may be
required by State laws and regulations.
RTICLE 16
OBSERVATIONS
The Architect and the Owner shall visit the project prior
to the expiration of the general contractor's guarantee
period, and the Architect shall use reasonable diligence
to note any breaches or violations of the guarantees
provided by the construction contracts and the Architect
shall report the same if any are observed or discovered,
in writing to the Owner no less than thirty (30) days
prior to the expiration of such general contractor's
guarantee period.
ARTICLE 17
INDEMNIFICATION OF OWNER
The Architect shall indemnify and save harmless and
defend the Owner, its agents, servants and employees from
-claims arising-b-tt of error,. omission -or --..negligent act of
Architect, its agents; servants or employees in the
performance of services under this Agreement.
The execution of this Agreement by the Architect shall
obligate the Architect to comply with the foregoing
indemnification provision, however, the collateral
obligations of insuring this indemnity must be complied
with. The Architect acknowledges that a portion of the
fee negotiated is consideration for this indemnification.
ARTICLE 18
INSURANCE
The Architect shall provide, pay for, and maintain in
force at all times during the services to be performed,
such insurance, including Worker's Comprehensive General
Liability, Employer's Liability insurance, Comprehensive
General Liability insurance as will assure to the Owner
the protection contained in the foregoing Indemnification
16
• undertaken b' Architect. The comprehensive General
u Y oing
Liability policy shall clearly identify the foreg
indemnification as insured under this section.
Such policy or policies shall be issued by United States
Treasury or approved companies authorized to do business
in the State of Florida, and having agents upon whom
service of process may be made in the State of Florida.
Architect shall specifically protect the Owner by naming
the Owner as a named insured under the Comprehensive
General Liability Insurance policy hereinafter described.
The Professional Liability policy or certificate shall
reference this Project by endorsement.
Pr Eessional Liability Insurance
The limits of liability provided by such policy shall be
no less that TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000.00) to assure the Owner the indemnification
specified.
Com rehensive General Liibilit-v Insurance
The limits of liability provided by such policy shall be
no less than TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000.00) to assure the Owner the indemnification
specified. Such insurance coverage shall include but not
be limited to the following:
Bodily n"ur Liability Insurance shall protect the
Architect, its---aax�ents. and s employeefrom claims. for, ,�
damages for bodily injury including accidental or
wrongful death, as well as, property damage which arise
from performance of services under this Agreement. The
limits of liability provided by such policy or policr'ies
shall be no less than TWO HUNDRED FIFTY THOUSAND DOLLARS
($250, 000.00) for injuries, including wrongful death, to
any one person, and subject to the same limit for each
person an amount not less than TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00) for any one occurrence.
Property Dama a Insurance shall carry liability limits of
at least TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)
for damages for any one occurrence and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00) for damages for all
occurrences.
The Architect shall provide the Owner Certificates of
Insurance or a copy of all insurance policies required.
The City reserves the right to require a certified copy
iof such policies upon request. All endorsements and
17
certificates shall state that the Owner shall be given
cert'�
thirty (30) days' notice prior to expiration or
cancellation of the policy.
LRTICL �9_
TRUTH -IN -NEGOTIATION CERTIFICATE „
In compliance with the Consultant's Competitive
Negotiation Act, wage rates and other factual unit costs
supporting the compensation are accur and the complete original and
current at the time of contracting
thereto shall be
contract price and any additions
adjusted to exclude any significant sums wheys a eau ento
determines the contract price rates and
inaccurate, incompletest.°rAll such contracteadjustments
other factual unit co
year following the end of the
shall be made within one
contract.
ARTICUE 20
RESPONSIBILITY FOR ADHERENCE TO FLORIDA STATUTE
• It is agreed between the Owner and the Architect that
b y
reference there is incorporated herein all app
Florida Law governing the construction of facilities, and
the Architect in rendering services agrees to comply
with
such laws and regulations; and, in the event there is
of
found to be conflict between the printedconditions
1 1 tter
--- this contract and applicable Florid? , - -- x
�f shall govern.
11
18
IL,
AGREEMENT BETWEEN THE CITY OF TAMARAC AND ROBERT S. WALTERS, AIA,
P.A.
RMAN ABRAMOWITZ, MAY(
51�-ay of 991
ATTEST:
C7N'P- KELLY, CIT NAGER
(fity Clerk
CAROL A. EVANS
Approved as to form and
•
legality by the Tamarac City
Attorney
ALAN RUF
Tamarac City Attorney
Ruf & Carsky
International Bldg.,
Penthouse E
2455 East Sunrise Boulevard
Fort Lauderdale, Florida 33304
BY:
0
r-
0
Included to /ibis AXrpa+ne"14 'x
This Agreement entered into as of the day and year first written above.
OWNER
(5lgnature) (5{krtntu►�e)� `�
r�6P �, 1.�.uY►��j mac, I.A. .�.
(Printed ,saute and title) (Printed Hume arut title)
�IAI , 1, / ' l
NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES: JUNE 26, 1992,
BONOPLD THRU NOTARY PUBLIC UNDERWRITLIxg,
0
jv� R" I I ,�, 10 It :
X ff i i ! PA Uc �
RWA
4POBERT WALTERS AR Hl
ROOM 1i"rERS AHCHITSCTS
Schedule of HourlX Rates
Rates as of 7-1-91
Classification Billia9Yate Per Hour
PRINCIPAL ARCHITECT $ 97.50
COMPUTER DRAFTSMAN 7.0.00
PLANNERS/DESIGNERS 70.00
DRAFTSMAN #3 LEVEL 55.00
DRAFTSMAN #2 LEVEL 45.00
DRAFTSMAN #1/ADMINISTRATIVE 32.50
a
i --
620 S.E. 1ST STREET FT. LAUDERDALE. FLORIDA 33301 (305)522-4123
it R.- 91, )Io "
91
R WAO
VBERT, WALTERS ARCHITECTS
11
•
SCHEDULE OF -HOURLY RATES
1-1-91
ciassiiicatics B111i R'
CERTIFIED PROF. ENGINEER $ 90'00
GRADUATE ENGINEER 65.00
ENGINEERING TECHNICIAN 60.00
COMPUTER DRAFTER 60.00
DRAFTER 50.00
CLERICAL 32.50
620 S.E. 1ST STREET FT. LAUDERDALE► FLORIDA 33301 (305)522-4123
r
II
RWA.
�UBERT
WALTERS ARCHITECTS
STRESAII SKITH AND STRESAII
Landscape Architects and Land Planners
SCHEDULE OF HOURLY RATES
Classificati illin Fate Per RMUM
PRINCIPAL $ 85.00
SENIOR DESIGNER 60.00
DRAFTING 40.00
C, J
LEIGH Roa s" IKSRR & ASSOCIATES
Certified Planners
SCHEDULE OF HOURLY RATES
1-1-91
Classification - pj].:Ljn_q Rate Per Our
PRINCIPAL
TECHNICAL
0
90.00
32.50
620 S.E. 1ST STREET FT. LAUDERDALE, FLORIDA 33301 (30b)b22-4128
�r
YL
EXHIBIT B
r�
U
FEE CURVES FOR PROJECTS OVER $50,000
The fee for a project when the estimated construction value exceeds
$50,000 will be in accordance with the fee curves as described
below and attached hereto:
B-1 ARCHITECTURAL/ENGINEERING SERVICES
The Florida Department of General Services' "Fee Schedule
For Architectural Services", applicable to typical
projects involving both architectural and engineering
services.
B-2 ENGINEERING SERVICES
The Florida Department of Transportation's Fee Curve A and
Curve B for Consulting Engineering, applicable to projects
involving engineering services only.
B-3 LANDSCAPE ARCHITECTURE
The following graduated schedule shall apply to projects
involving landscape architecture and/or irrigation:
11_ ., .• -
S 50,000 - 100,000 4.501;
100,001 -- 150,000 14.25%
150,001 and above 4.00%
L�
0
LX111BIT B-
DEPARTMENT OF GENERAL SERVICES
DIVISION OF CONSTRUCTION AND MAINTENANCE
ARCHITECTS FEE SCHEDULE OF PROJECT
COMPLEXITY BASED ON TYPE OF PROJECT
Group "A" - CONSIDERABLY MORE THAN AVERAGE COMPLEXITY
Complex Laboratories, Complex Medical Hospitals
Group "B" - MORE THAN AVERAGE COMPLEXITY
Average Laboratories, Mental Hospitals, Simple Medical
Hospitals, Clinics, Court Houses, Theatres, Complex
University Buildings, Special Purpose Classrooms,
Laboratory Classrooms, Libraries, Auditoriums, Museums,
Air Terminals, Food Service Facilities, Specialized
Detention Areas, Detention -Treatment Areas, Residences
Group "C" - REPAIRS AND RENOVATIONS
Miscellaneous Repairs and Renovations, Alterations to
Office Space or Dormitory Space, Fire Code Corrective Work
Group "D" - AVERAGE COMPLEXITY
General Office Space, General Teaching Space, Gymnasiums
General Detention Living Facilities, Factory Buildings
Group "E" - LESS THAN AVERAGE COMPLEXITY
Apartment Buildings, Dormitory Buildings, Service Garages,
Stadiums, Repetitive Design Facilities, Office Buildings
With Undefined Interior Space (open for later partitioning),
Specialized Parking'Structures
Group "F" - CONSIDERABLY LESS THAN AVERAGE COMPLEXITY
Warehouses, Parking Garages,.Storage Facilities
I
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EXHIBIT C
SCHEDULE OF REIMBURSABLE PRINTING COSTS
MISCELLANEOUS IN-HOUSE PRINTING AND REPRODUCTION
=ZelTypp. CQRt! Per Item
24" x 36" blueprint $1.50
30" x 42" blueprint 2.00
Letter/legal size paper .10
BULK PRINTING FOR BIDDING
Bulk printing and reproduction (more than ten sets) shall
be billed at vendor's cost, plus 10 percent for handling,
but in no case at a cost higher than the above rates.