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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-174Temp. Reso. #5058 1 2 3 4 5 u -9 10 11' 12 I 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 33 34 k1•7 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- / , ` A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SCHARF & ASSOCIATES, INCORPORATED TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE MULTIPURPOSE RECREATIONAL FACILITY; 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 Scharf & Associates, Incorporated, in the amount of $75,000.00, to provide professional services for the design and construction of the Multi -Purpose Recreational Facility, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County, Florida. SECTION 3: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of , 1988. ATTEST: NORMAN ABRAMOWITZ MAYOR. CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABWR '')WITZ DISTRICT 1: C/'M F'`-HR c DISTRICT 2: �d/M 7"R c� DISTRICT 3: C/M F .,. ' _ CC`j. DISTRICT4: � C%N`i c—, 11 0 A G R E E M E N T Between CITY OF TAMARAC and Scharf & Associates, Inc. for ARCHITECTURAL SERVICES FOR CITY OF TAMARAC MULTIPURPOSE CENTER TAMARAC, FLORIDA 01 INDEX ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS ............. 2 PREAMBLE .................................... 3 SCOPE OF SERVICES ........................... 4 TIME FOR PERFORMANCE ........................ 5 COMPENSATION AND METHOD OF PAYMENT.......... 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK ........................... 7 CITY'S RESPONSIBILITIES ..................... 8 MISCELLANEOUS 8.1 Ownership of Documents ............. 8.2 Readvertising ...................... 8.3 Termination ........................ 8.4 Records ............................ 8.5 Equal Opportunity Employment....... 8.6 No Contingent Fees ................. 8.7 Subcontractors ..................... 8.8 Assignment ......................... 8.9 Indemnification of City............ 8.10 Insurance .......................... 8.11 Representative of City and Architect .......................... 8.12 Attorney's Fees .................... 8.13 All Prior Agreements Superseded.... 8.14 Notices ............................ 8.15 Truth -in -Negotiation Certificate... EXECUTION PAGE CITY........................................ ARCHITECT ................................... EXHIBIT "A" PHASES OF SERVICE .................. EXHIBIT "B" SALARY COSTS ....................... K PAGE 4 5 5 6 6 9 9 10 10 10 11 11 11 12 12 12 13 15 16 16 17 17 18 19 20 28 n 11 11 A G R E E M E N T Between The City of Tamarac, Florida and Scharf & Associates,_ Inc. for ARCHITECTURAL SERVICES FOR CITY OF TAMARAC MULTIPURPOSE CENTER TAMARAC, FLORIDA This Is an Agreement between: The City of Tamarac, a Florida Municipal Corporation, Its successors and assigns, hereinafter referred to as City, through Its City Council. AND Scharf & Associates, Inc. , Its successors and assigns, hereinafter referred to as "ARCHITECT". W I T N E S S E T H, In consideration of the mutual terms and conditions, promises, covenants and payments here- inafter set forth, CITY and ARCHITECT agree as follows: K ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ARCHITECT : Scharf & Associates, Inc. is the ARCHITECT selected to perform the services pursuant to this Agreement. 1.2 CITY COUNCIL : The City Council of the City of Tamarac, Florida. 1.3 CONTRACT ADMINISTRATOR Whenever the term Contract Administrator is used herein it is intended to mean the City Manager . In the administration of this contract, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the Contract Administrator. 1.4 CONTRACTOR : The person, firm, corporation or other entity who enters into an agreement with CITY to perform the construction work for the Project. 1.5 CITY : CITY OF TAMARAC, FLORIDA, A FLORIDA MUNICIPAL CORPORATION. 1.6 NOTICE TO PROCEED : A written Notice to Proceed issued by the City. 1.7 PROBABLE COST OF CONSTRUCTION Wherever ARCHITECT shall have an obligation to calculate the probable cost of any construction, renovation or other aspect of Project as required in this Agreement it shall mean cost as calculated by the ARCHITECT. 1.8 PROJECT Tamarac Multipurpose Recreational Center project description: Tamarac Multipurpose Recreational Center to be located on the existing parcel Southeast 1/2 Section 4, Town- ship 49 South, Range 41 East, known as Tamarac Elementary School of Broward County, Florida. 11 4 PREAMBLE In Order to establish the background, context and . frame of reference for this Agreement and to generally express the objectives and Intentions of the respective parties herein, the following statements, representatives and explanations shall be accepted as predicates for the under- takings and commitments Included within the provisions which follow and may be relled upon by the parties as essential elements of the mutual considerations upon which this Agreement Is based. 0 2.1 The City of Tamarac has budgeted funds for the Project. This Project Is funded with Recreational Impact Fees and State of Florida grants. 2.2 The City Council has met the requirements of the Consultants Competitive Negotiation Act, as contained In Section 287.055, Florida Statutes, and has selected Scharf & Associates, Inc. to perform the services hereunder. 2.3 Negotiations pertaining to the services to be per- formed by the ARCHITECT were undertaken between ARCHITECT and a committee selected by the City Council of Tamarac, and this Agreement Incorporates the results of such negotiation. ART I rl Fr 7 SCOPE OF SERVICES 3.1 The ARCHITECTURAL/ENGINEERING Basic Services shall consist of the phases set forth In Exhibit "A" attached hereto and made a part hereof and shall Include normal civil, landscaping and Irrigation, structural, mechanical, and electrical engineering as applicable for the Project. 61 3.2 The ARCHITECT agrees to meet with City at reasonable times and with reasonable notice. ARTICLE 4 TIME FOR PERFORMANCE 4.1 The ARCHITECT shall perform the Services described In Sections 1, 2, and 3 of Exhibit "A" within (108) calendar days from the date of written Notice to Proceed, not Including State Department of Education review periods. 4.2 Prior to beginning the performance of any services under this Agreement, ARCHITECT must receive a written Notice to Proceed. The ARCHITECT must receive the approval of the Contract Administrator in writing prior to beginning the performance of services In any subsequent Phases of this Agreement. Prior to granting approval for the ARCHITECT to proceed to a subsequent phase, the Contract Administrator may at his sole option require the ARCHITECT to submit documents and drawings for his review and/or approval. 4.3 In the event ARCHITECT Is unable to complete the above services because of delays resulting from untimely review and approval by CITY and other governmental authorities having Jurisdiction over the Project, and such delays are not the fault of ARCHITECT, CITY shall grant a reasonable extension of time for completion of work. It shall be the responsibility of the ARCHITECT to notify the CITY promptly In writing whenever a delay In approval by a governmental agency Is anticipated or experienced, and to Inform the CITY of all facts and details related to the delay. COMPENSATION AND METHOD OF PAYMENT 5.1 CITY agrees to pay the ARCHITECT as compensation for Its services under the terms of this Agreement a fee to be computed as described below and to reimburse ARCHITECT for certain expenses as described below in Article 5.3 entitled "Reimbursables." The fee for the architectural services to be performed by the ARCHITECT Including all costs, expenses and fees, except relmbursables as described in Article 5.3 Is to be paid as follows: LUMP SUM Seventy -Five Thousand Dollars ($75,000), (FIXED FEE) Based upon seven and 5/10 percent (7.5%) of the proposed construction cost of $1,000,000.00. C1 C� • 5.1 If Chapter 6A-2 of Florida Administrative Code is approved to this Project, requiring reviews by State Department of Education, the Lump Sum Fee shall be Increased by Five Thousand Dollars ($5,000) to be Invoiced on an hourly basis in accordance with para- graph 5.3. 5.2 The compensation shall be paid in accordance with and shall not exceed the percentages Set forth below without the prior written app the Contract Administrator: Schematic Design - 10% Design Development - 15% Construction Documents - 50% Bidding or Negotiation - 5% Construction Phase - 20% 100% Final payment must be approved by the City Council. 5.3 SALARY COSTS FOR ADDITIONAL SERVICES The term salary costs as used herein shall mean the hourly rate as shown on Exhibit "B" 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 and payroll taxes, contributions for retire- ment security, employment compensation Insurance, 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 CITY. 5.4 REIMBURSABLES (a) Direct non -salary expenses, entitled Reim- bursable, directly attributable to the Project will be charged at a multiple of (1.10) times the actual cost. 1. Long distance communications expenses. 2. Cost of printing drawings and specifications which are required of ARCHITECT to deliver services set forth In this Agreement and which are In addition to those required by this Agreement. 7 7.5 Give prompt written notice to ARCHITECT whenever the CITY observes or otherwise becomes aware of any devel opment that affects the scope of timing of ARCHITECT'S services, or any defect In the work of Contractor(s). ARTICLE 8 MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENTS Drawings, specifications, designs, models, photo- graphs, reports, surveys, and other data provided In connection with this Agreement are and shall remain the property of the CITY whether the Project for which they are made Is executed or not. This Is not an assignment of any copyrights or other ownership rights which the Architect maintains. 8.2 READVERTISING CITY and ARCHITECT agree that if the lowest responsible project bid prices exceed the ARCHITECT'S estimated bid price by more than five (5%) percent, the CITY may refuse all bids and readvertise the project. The ARCHITECT agrees to pay for all expenses related _to the readvertising at no additional expense to the CITY. 8.3 TERMINATION This Agreement may be terminated by either party for cause, or by the CITY for convenience, upon fourteen (14) days written notice by the terminating party to the other party of such termination in which event the ARCHITECT shall be paid Its compensation for services performed to termination date, Including all reim- bursable expenses then due or Incurred to such date of termination. in the event that the ARCHITECT abandons this Agreement or causes It to be terminated, he shall Indemnify the CITY against any loss pertaining to this termination up to a maximum of 1.3 times the full contracted fee amount. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by ARCHITECT shall become the property of CITY and shall be delivered by ARCHITECT to CITY. 10 8.4 RECORDS ARCHITECT shall keep such records and accounts and require any and all architects, consultants and sub contractors to keep records and accounts as may be necessary in order to record complete and correct 101 entries as to personnel hours charged to this engage ment and any expenses for which ARCHITECT expects to be reimbursed. Such books and records will be avail able at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or Incorrect entries In such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 8.6 EQUAL OPPORTUNITY EMPLOYMENT ARCHITECT agrees that It will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall Include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms of • compensation; and selection for training, Including apprenticeship. E 8.6 NO CONTINGENT FEE ARCHITECT warrants that It has not employed or retained any company or person, other than a bona fide employee working solely for ARCHITECT to solicit or secure this Agreement and that It has not paid or agreed to pay any person, company, corporation, Individual or firm, other than a bona fide employee working solely for ARCHITECT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at Its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11 8.7 SUBCONTRACTORS In the event the ARCHITECT, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates In connectlon with services covered by this Agreement, ARCHITECT must secure the prior written approval of 41 the Contract Administrator. 8.8 ASSIGNMENT This Agreement, or any Interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARCHITECT, without the prior written consent of CITY. However, the Agreement shall run to the City of Tamarac and Its successors. 8.9 INDEMNIFICATION OF CITY (a) ARCHITECT shall Indemnify and save harmless and defend CITY, Its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of ARCHITECT, Its agents, servants or employees in the performance of services under this Agreement. (b) ARCHITECT further agrees to Indemnify, save harmless and defend CITY, Its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any conduct or misconduct of the ARCHITECT not Included In Paragraph 8.8(a) above and for which the CITY, Its agents, servants or employees are alleged to be liable. (c) The execution of this Agreement by ARCHITECT shall obligate ARCHITECT to comply with the foregoing Indemnification provision, however, the collateral obligation of Insuring this Indemnity must be complied with as set forth below In Article 8.9. 0 12 0 8.10 INSURANCE ARCHITECT shall provide, pay for, and maintain In force at all times during the services to be per- formed, such Insurance, Including Workers' Compensa- tion Insurance, Employer's Liability Insurance, Com- prehensive General Liability Insurance, and Profes- sional Liability Insurance as will assure to CITY the protection contained In the foregoing Indemnification undertaken by ARCHITECT. The Comprehensive General Liability policy shall clearly Identify the foregoing Indemnification as Insured under this section. Such policy or policies shall be Issued by United States Treasury approved companies authorized to do business In the State of Florida, and having agents upon whom service of process may be made In the State of Florida. ARCHITECT shall specifically protect CITY and the Tamarac City Council by naming CITY and the Tamarac City Council as named Insureds under the Comprehensive General Liability Insurance policy hereinafter described. The Professional Liability policy or certificate and the Performance policy or bond shall reference this Protect by endorsement. 8.10 (a) Professional Liability Insurance : The limits of liability provided by such policy shall be no less than five hundred thousand DOLLARS ($500,000.00 ) to assure CITY the Indemnification specified In Article 8.8. (b) Workers' Compensation Insurance to apply for all employees In compliance with the "Workers' Com- pensation Law" of the State of Florida and all applicable Federal laws. In addition, the polIcy( les) must include: Employers Liability with a limit of S100x000 each accident. Notice of Cancellation and/or Re- strlctlon -- The pollcy(les) must be endorsed to provide CITY with thirty (30) days notice of cancellation and/or restriction. 13 8.10 (e) Comprehensive General Liability with minimum limits of $1 000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorse- ments, as filed by the Insurance Services Office and must Include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agree- ment, including any hold harmless and/or Indemnification agreement. Personal Injury Coverage with Em- ployee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. City of Tamarac and the Tamarac City Council are to be Included as "Additional Insureds" with respect to liability arising out of operations performed for CITY by or on behalf of ARCHITECT/ENGINEERS or acts or omissions of ARCHITECT - /ENGINEERS in connection with such operation. Notice of Cancellation and/or Re- strlctlon -- The policy(les) must be endorsed to provide City of Tamarac with thirty (30) days notice of cancellation and/or restriction. 0 14 8.10 (d) Business Automobile Llabllity with minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the • Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must Include: 0 Owned vehicles. Hired and non -owned vehicles. Employers' non -ownership. Notice of Cancellation and/or Restriction -- The policy(les) must be endorsed to provide City of Tamarac with thirty (30) days notice of cancellation and/or restriction. (e) ARCHITECT shall provide to City of Tamarac a Certificate of Insurance or a copy of all Insurance policies required by Article 8.9 Including any subsection hereunder. The City reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that CITY shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 8.11 REPRESENTATIVE OF CITY AND ARCHITECT (a) It Is recognized that questions In the day-to-day conduct of the Project will arise. The Contract Administrator has designated CITY MANAGER (per Article 1.3) as the Clty's representative/agent to whom all communication on the day to day conduct of the Project shall be addressed. (b) ARCHITECT shall Inform the City In writing of the representative of ARCHITECT to whom matters Involving the conduct of the Project shall be addressed. 15 8.12 8.13 ATTORNEY'S FEES If CITY Incurs any expense this Agreement whether ARCHITECT agree to pay all eluding but not limited to reasonable attorney's fees. In enforcing the terms of suit be brought or not, such costs and expenses in - court costs, Interest, and ALL PRIOR AGREEMENTS SUPERSEDED This document Incorporates and Includes all prior negotiations, correspondence, conversations, agree- ments or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings con- cerning the subject matter of this Agreement that are not contained In this document. Accordingly, It Is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It Is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 16 u 0 8.14 NOTICES Whenever either party desires to give notice unto the other, It must be given by written notice, sent by • registered United States mall, 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 in compliance with the provisions of this paragraph. For the present, the parties deslgnate the following as the respective places for giving of notice, to -wit: CITY OF TAMARAC : City Manager City of Tamarac City Hall 5811 NW 88th Avenue Tamarac, Florida 33321 FOR ARCHITECT : Scharf & Associates, Inc. 3217 N.W. 10th Terrace Suite 307 Fort Lauderdale, Florida 33309 Marvin Scharf. President • 8.15 TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by ARCHITECT shall act as the execution of a truth -In -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of con- tracting. Any additions to the original contract price charged on an hourly price shall be adjusted to exclude any significant sums by which the CITY determines the additions to the contract price were Increased due to Inaccurate, incomplete, or non current wage rates and other factual unit costs. All such adjustments shall be made within one year following the end of this Agreement. 0 17 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 COUNCIL, signing • by and through Its MAYOR and CITY MANAGER, authorized to execute same by CITY COUNCIL on the j day of 19-.E3 , and Scharf & Associates, Inc. , signing by and through Its President , duly authorized to execute same. CITY ATTEST: p CAROL E. BARBUTO CITY CLERK C� J I HEREBY CERTIFY that I have approved this AGREEMENT as to form. _�R1 j�az?m RICHARD DOODY CITY ATTORNEY AGREEMENT BETWEEN CITY OF TAMARAC AND Scharf & Associates, Inc. FOR ARCHITECTURAL SERVICES FOR CITY OF TAMARAC MULTI- PURPOSE CENTER, FOR TAMARAC, FLORIDA. CITY OF TAMARAC APPROVED AT MEETING OF -L 8 $ • f�? FOR CORPORATION ARCHITECT ATTEST: C • Secretary (Please Type Name of Secretary) (CORPORATE SEAL) C� L� 19 Scharf & Associates, Inc. Bsk-"-'� y Marvin Scharf, Pre d t rday o f�-- , 1 . EXHIBIT "A" PHASE OF SERVICE 1. PHASE I -- SCHEMATIC DESIGN PHASE (a) The ARCHITECT shall review the program for this Project furnished by the CITY to ascertain the requirements of the project and shall confirm such requirements with the Contract Administrator. (b) Based on the mutually agreed upon program, the ARCHITECT shall prepare and submit to the Contract Administrator Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval. The ARCHITECT shall revise the drawings and documents as required to reflect comments from the Contract Administrator. (c) The ARCHITECT shall submit to the Contract Administrator a Statement of Probable Construction Cost based on current area, volume or other unit Costs. (d) Three (3) sets of drawings are included for this phase In the basic services for owner's review. 2. PHASE II DESIGN DEVELOPMENT PHASE . (a) The ARCHITECT shall prepare from the approved Schematic Design Documents, the Design Development Documents consisting of drawings and other doc- uments to fix and describe the size and character of the entire Project, Including architectural, structural, mechanical, and electrical systems, materials and such other essentials as may be appropriate. The ARCHITECT shall consider the availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction and operations, user safety and maintenance requirements and energy conservation. (b) The design development drawings/documentation shall consist of but not be limited to the fol- lowing: is 20 EXHIBIT "A" (continued) PHASE OF SERVICE 2. 1. Expansion of the civil, landscape/irrigation, architectural, structural, mechanical and electrical Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through appropriate: Plans, section and elevations Typical construction details Three dimensional sketches Basic materials and finishes Equipment and space planning/furniture layouts and space requirements (furniture design is excluded) Basic structural system and dimensions Energy conservation measures Outline Specifications Basic selection of mechanical and electrical equipment and their capabilities. 2. Development scheduling services consisting of reviewing and updating previously established schedules. 3. Statement of Probable Construction Cost con- sisting of updating and refining the Schematic Design Phase Statement of Probable Construction Cost. 4. The ARCHITECT shall submit the Design Development Documents to the Contract Administrator for approval. The ARCHITECT shall revise the documents as required to reflect comments from the Contract Administrator. 5. Three (3) sets of drawings and specifications are included for this phase in the basic services for owner's review. 21 11 �J EXHIBIT "A" (Continued) PHASE OF SERVICE 0 3. PHASE III -- CONSTRUCTION DOCUMENTS PHASE • (a) The ARCHITECT shall prepare from the approved Design Development Drawing Documents, the working drawings and specifications setting forth In detail and prescribing the work to be done, the materials, workmanship, finishes and equipment required for the architectural, landscape/irrigation, structural, mechanical and electrical and the necessary bidding Information. The Contract Administrator shall be kept Informed of any possible adjustments of the probable construction costs or completion schedules Indicated by changes In scope, requirements and/or market conditions. The ARCHITECT shall, In the preparation of the drawings and specifications, take Into account currently prevailing codes and regulations governing construction In Broward County and the City of Tamarac. Work tasks to accomplish this include but are not limited to the following: 1. Prepare drawings and specifications for construction. 2. Update and revise the probable cost of con- struction. 3. The ARCHITECT shall assist the CITY In filing the required documents for the approval of governmental authorities having jurisdiction over the Project. 4. Three (3) sets of drawings and specifications are Included for this phase In the basic services for owner's review. 4. PHASE IV --- BIDDING OR NEGOTIATION PHASE (a) ARCHITECT shall, following the Contract Adminis- trator's approval of the Construction Documents and of the most recent Statement of Probable Construction Cost, assist the CITY In obtaining bids or negotiated proposals, and In awarding and preparing construction contracts. In the case of phased construction, the CITY may authorize bidding of portions of the Project prior to completion of the Construction Documents Phase. The ARCHITECT shall provide, but not be limited to the following tasks: NFA EXHIBIT "A" (Continued) PHASE OF SERVICE 4. 1. Assist the CITY In the preparation of bidding . Information. 2. The ARCHITECT shall provide a copy of the plans and technical specifications to any governmental agency (such as the Public Health Unit, Environmental Quality Control Board and local building departments) from which any approvals are required prior to the public notice for the Invitation to Bid. 3. ARCHITECT shall provide to Contract Admin- Istrator five (5 ) sets of the construction drawings and specifications. These are Included In the basic services. Additional sets will be provided as reimburs able. 5. PHASE V -- CONSTRUCTION CONTRACT ADMINISTRATION PHASE (a) Construction Phase will commence with the award of the Construction Contract or Contracts and will not terminate until a Certificate of Occupancy of the completed Project Is Issued by the CITY, or when final payment Is due the CONTRACTOR, or In their absence, sixty (60) days from the date of substantial completion. ARCHITECT will administer said Construction Phase with the Architect according to the terms of this contract for the duration of the Construction Phase. (b) The extent and limitations of the duties, responsibilities and authority of the ARCHITECT shall not be modified without ARCHITECT'S written consent after Project is let out to bid; all of the CITY Instructions to Contractor(s) will be Issued through the ARCHITECT who will have authority to act on behalf of the CITY. 0 23 EXHIBIT "A" r`.nnt 1 nliari PHASE OF SERVICE . 5. (c) The ARCHITECT shall visit the site at Intervals appropriate to the stage of construction and not less than twice a week during the construction to familiarize himself with the progress and quality of the work and to determine if the work is proceeding In accordance with the Contract Docu- ments. On the basis of his onsite observation, he shall guard the CITY against defects and defi- ciencies In the work by the Contractor. The ARCHITECT shall not be responsible for construc- tion means, methods, techniques, sequences or procedures, or for safety precautions and programs In connection with the work; however, the ARCHI- TECT shall have the duty to give prompt notifica- tion In writing to the CITY of any failure of the Contractor of which he may be aware to follow and confirm to the Contract Documents and specifica- tions, but shall not be responsible for the failure of the Contractor to perform the construc- tion work In accordance with the Contract Docu- ments. 0 (d) Review and approve Shop Drawings and samples, the results of test and Inspections and other data which any Contractor is required to submit, but only for conformance with the design concept of the Contract Documents; determination of accept- ability of substitute materials and equipment proposed by Contractor, however, making sub- sequent revisions to the contract documents will be additional service; and receive and review (for general content as required by the specifica- tlons) maintenance and operating instructions, schedules, guarantees, bonds and certificates of Inspection which are to be assembled by Contractor In accordance with Contract Documents. 24 EXHIBIT "A" (Continued) PHASES OF SERVICE 5. (e) Issue all Instructions of the Contract Administra- tor to Contractor; coordination of and prepare routine change orders as required; he may, as the CITY'S representative, require special Inspection or testing of the work; the ARCHITECT shall act as Interpreter of the requirements of the Contract Documents and Judge of the performance thereunder by the parties thereto and shall make decisions on the interpretation of the Contract Documents on all claims of the CITY and Contractor relating to the execution and progress of the work and all other matters and questions relating thereto. (f) Based on the ARCHITECT'S onsite observations as an experienced and qualified design professional and on his review of Contractor applications for payment and the accompanying data and schedules determine the amounts owing to Contractor(s) and approve In writing to the Contract Administrator payments to Contractor In such amounts; such approvals of payment will constitute a representation to the CITY, based on such observations and review, that the work has progressed to the point Indicated and that, to the best of knowledge, Information and belief, the quality of work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon substantial completion, to the results of any subsequent tests called for In the Contract documents, and to any qualifica- tions stated In his approval), but by approving an application for payment, ARCHITECT will not be deemed to have represented that he has made any examination to determine how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the Contractor's work, materials or equipment has passed to CITY free and clear of any lien, claims, security Interest or encumbrances. L] 25 EXHIBIT "A" (Continued) PHASES of SERVICE • 5. (g) ARCHITECT shall not be responsible for the acts or omissions of any Contractor, any subcontractor or any of the Contractor's or subcontractors' agents or employees or any other person (except his own employees and agents) at the Project site or otherwise performing any of the work of the Project. • (h) The ARCHITECT shall prepare Change Orders In compliance with CITY procedures. (1) The ARCHITECT shall conduct Inspections to determine If the Project Is substantially complete and the date of substantial completion and a final Inspection to determine If the Project has been completed In accordance with the Contract Docu- ments and the date of final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall Issue a final Certificate of Payment. (j) The ARCHITECT shall provide one set of reproduc- ible drawings to the contractor as a reimbursable for the purposes of record drawings. The ARCHITECT shalt require from the Contractor one (1) set of reproducible record drawings prepared by the Contractor, reflecting conditions based upon actual construction. These drawings shall be reviewed by the ARCHITECT for general completeness of Information and shall be submitted to and be the property of the CITY. (k) Changes to drawings, documents and/or specifica- tions which are the result of a direct request for Changes by the CITY for additional or extra work and not in any way a correction or clarification of work done by the ARCHITECT or the result of Incomplete work required of the ARCHITECT shall be deemed "Additional Services" and ARCHITECT shall be reimbursed as provided in Article 6. M EXHIBIT "A" (Continued) PHASES OF SERVICE 6. PHASE VI - -- POST CONSTRUCTION PHASE The ARCHITECT shall assist in the inspection of the Protect one (1) month before expiration of the one- year construction warranty period and report any defective work under the terms of the guarantee/ warranties required by the construction contract. He shall assist the CITY with administration of guarantee/warranties for correction of defective work that may be discovered during said guarantee period. PJFA EXHIBIT "B" SALARY COSTS SCHARF & ASSOCIATES, INC. • ARCHITECTS/PLANNERS BILLING RATE (HOURLY RATE X PROFIT X FRINGE RAW X FRINGE AND BENEFITS HOURLY BENEFITS OVERHEAD X PROFIT AND NAME RATE FACTOR FACTOR OVERHEAD PRINCIPAL M. Scharf 32.45 1.25 2.5 101.40 Project Manager G. Kuhl 27.58 1.25 2.5 66.19 Project Architect 17.60- 1.25 2.5 55.00-62.50 20.00 Senior Drafts- 13.00- 1.25 2.5 40.63- 43.75 person 14.00 Draftspersons 7.50- 1.25 2.5 23.44-28.13 9.00 Clerical 8.00- 1.25 2.5 25.00-33.05 10.58 • 0 W. EXHIBIT "B" SALARY COSTS DeRose & Slopey, Inc._ Structural/Clvll Engineering Consultants NAME PRINCIPAL/ Protect Manager Design Engineer Field Engineer Draftsman/ Technician Clerical/ Administration •BILLING RATE (HOURLY RATE X 'PROFIT X FRINGE RAW X FRINGE AND BENEFITS HOURLY BENEFITS OVERHEAD X PROFIT AND RATE FACTOR FACTOR OVERHEAD 28.85- 1.25 2.5 90.16-120.31 38.50 9.65- 1.28 2.5 30.16-67.66 21.65 9.65- 1.25 2.5 30.16-45.16 14.45 6.75- 1.25 2.5 21.09-37.50 12.00 5.75- 1.25 2.5 17.97-33.13 10.60 WE CJ 0 11 11 0 EXHIBIT "B" SALARY COSTS Continued Stolley & Associates, Inc. Mechanical/Electrical Englneering Consultants -BILLING RATE (HOURLY RATE X PROFIT X FRINGE RAW X FRINGE AND BENEFITS HOURLY BENEFITS OVERHEAD X PROFIT NAME RATE FACTOR FACTOR AND OVERHEAD PRINCIPAL 29.85 1.25 2.5 93.28 Designer 19.70 1.25 2.5 61.56 Draftsman 14.85 1.25 2.5 46.41 orl] fs, - 88 —1 7'F 1 ') . EXHIBIT "B" SALARY COSTS Continued Rhett Ra PA Landscape Architecture/Irrigation Consultants NAME PRINCIPAL Senior Landscape Architect Landscape Architects Draftspersons Clerical -es I. BILLING RATE (HOURLY RATE X PROFIT X FRINGE RAW X FRINGE AND BENEFITS HOURLY BENEFITS OVERHEAD X PROFIT AND RATE FACTOR FACTOR OVERHEAD 1 20.00 1.25 2.5 62.50 18.00 1.25 2.5 56.25 12.00- 14.00 9.50 12.00 31 1.25 2.5 37.50-83.75 1.25 2.5 29.69 1.25 2.5 37.50 0