HomeMy WebLinkAboutCity of Tamarac Resolution R-87-3981
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Temp. Reso. #4868
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-.3 9 S
A RESOLUTION APPROVING AND AUTHORIZING AN
AGREEMENT WITH SCHARF AND ASSOCIATES,
INC., FOR ARCHTTECTURAL SERVICES FOR
TAMARAC PUBLIC WORKS AND PUBLIC TTTT_I.,T.TTFS/
ENOTNEERING COMPLEX ON LAND SECTION 7; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the Agreement with Scharf & Associates,
Inc., pertaining to services for Tamarac Public Works and
Public Utilities/Engineering Complex on Land Section 7, is
HERFRY APPROVED AND ACCEPTED, a copy of said agreement being
attached hereto as "Exhibit 111.
SECTION 2: That the appropriate City Officials are
hereby authorized to execute said agreement on behalf of the
City.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this p day of ,
1987.
N
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
I
&&9jti4—
RICHARD DOODY (j
CITY ATTORNEY
A..ERNAR.D AR,T� --
MAYOR -
MAYOR: HART
DIST, 1: C/M ROHR .�.�,�.., -
DIST. 2: C/M STELZER
f"IST• 3: C/M HOFFMAN
4: V/M STEIN
11 If,,, - 5- 7 —3 74s" ff
K..
A G R E E M E N T
Between
CITY OF TAMARAC
and
Scharf R Associates. _Inc.
for
ARCHITECTURAL SERVICES FOR
Tamarac Public Works and
• Public Utilities/Engineering Complex
0
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on Land Section 7
IN BROWARD COUNTY, FLORIDA
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INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS ............. 4
2 PREAMBLE .................................... 5
3 SCOPE OF SERVICES ........................... 5
4 TIME FOR PERFORMANCE ........................ B
5 COMPENSATION AND METHOD OF PAYMENT.......... 6
6 ADDITIONAL SERVICES AND CHANGES
IN SCOPE OF WORK ........................... 9
7 CITY'S RESPONSIBILITIES ..................... 9
8 MISCELLANEOUS
8.1
Ownership of Documents .............
10
8.2
Termination ........................
10
8.3
Records ............................
10
8.4
Equal Opportunity Employment.......
11
8.6
No Contingent Fees .................
11
8.6
Subcontractors .....................
11
8.7
Assignment .........................
11
8.8
Indemnification of City............
12
8.9
Insurance ..........................
12
8.10
Representative of City and
Architect ..........................
15
8.11
Attorney's Fees ....................
15
8.12
All Prior Agreements Superseded....
15
8.13
Notices ............................
16
8.14
Truth-in-Negotlation Certificate...
16
EXECUTION PAGE
CITY........................................ 17
ARCHITECT ................................... 18
EXHIBIT "A" PHASES OF SERVICE .................. 19
EXHIBIT "B" SALARY COSTS ....................... 27
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A G R E E M E N T
Between
The City of Tamarac Florida
and
Scharf & Associates Inc.
for
ARCHITECTURAL/ENGINEERING SERVICES FOR
Tamarac Public Works and Public
Utilities/EngineeringUtilities/Engineering Complex
on Land Section 7
IN 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 H 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:
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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 COUNTY to
perform the construction work for the Project.
1.6 CITY : CITY OF TAMARAC, FLORIDA, A FLORIDA MUNICIPAL
CORPORATION.
. 1.6 CONSTRUCTION MANAGER The Construction Manager
/Owner's Representative Is Construction Management
Services, Inc., 440 East Sample Road, Suite 203,
Pompano Beach, Florida 33064. Construction Management
Services, Inc. Is the City's authorized represent-
ative/agent for the project, except as otherwise
provided In this Agreement. All direction from the
City will be through Construction Management Services,
Inc. Accordingly, all communication to the City, from
the architect, shall be through Construction Manage-
ment Services, Inc.
1.7 NOTICE TO PROCEED : A written Notice to Proceed Issued
by the City.
1.8 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 Construction Manager, an
Independent firm hired by CITY for the purpose of
providing Independent cost estimates.
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1.9 PROJECT :
Tamarac Public Works and Public Utllltles/Engineering
Complex (38,000+ Sq. Ft.) consisting of Adminlstra-
tion and Maintenance Facilities for the City Engi-
neering and Utilities Department and Public Works
Department. The Project shall be constructed on a
17.5 acre site located at Nob Hill Road as described
on the Tamarac Utilities Administration Plat, prepared
by Deni Associates. The Project Is adjacent and south
of a 120' canal right-of-way and will Involve 650'
length of canal for excavation of site fill and canal
bank Improvements on that portion.
ARTICLE 2
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.
2.1 The City of Tamarac has budgeted funds for the
Project.
This Project Is funded with City funds & Utility Bond •
funds.
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.
ARTICLE 3
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.
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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 one hundred
twenty-six 1( 26) calendar days from the date of
written Notice to Proceed.
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.
ARTICLE 5
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 "Relmbursables." The fee for the
architectural services to be performed by the
ARCHITECT Including all costs, expenses and fees,
except relmbursables as described In Article 6.3 is to
be paid as follows:
LAMP SUM one hundred seventy-three thousand Dollars
($173,000 ), (FIXED FEE)
Based upon six and 9/10 percent (6.9%) of the proposed
construction cost of $2,498,877.00.
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5,1 The compensation shall be paid In accordance
with and shall not exceed the percentages set forth
below without the prior written approval of 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.
5.2 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 social
security, employment compensation Insurance, retire-
ment 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. •
5.3 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.
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1. Long distance communications expenses.
2. Cost of printing drawings and specifications
which are required by or of ARCHITECT to
deliver services set forth In this Agreement
and which are In addition to those required
by this Agreement.
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5.3 (b) A detailed statement of expenses must accompany
any request for reimbursement. Expenses other -
than auto travel must be documented by copies of
paid receipts, checks or other evidence of
payment. Local Travel to and from the Job site
will not be reimbursed.
5.4 METHOD OF BILLING AND PAYMENT
(a) Lump Sum Contracts ARCHITECT may submit bills
at the completion and approval of each phase or
for partial completion of each phase on a prorata
basis. However, requests for payment shall not be
made more frequently than a monthly basis.
(b) CITY agrees that It will. make Its best efforts to
pay ARCHITECT within forty-five (45) calendar days
of receipt of ARCHITECT'S statement as provided
above, ninety percent (90%) of the total shown to
be due on such statement.
(c) Upon ARCHITECT'S completion and CITY'S approval of
each Phase described In Exhibit "A," CITY shall
remit to ARCHITECT that ten percent (10%) portion
of each bill previously withheld by CITY for
services performed by ARCHITECT.
(d) The CITY shall not release the ten percent (10%)
retainage at the completion of Phase III Con-
struction Documents until such time as a building
permit is Issued to the Contractor or upon
abandonment of the project or upon a BO day delay
not caused by the architect.
5.5 Payment will be made to ARCHITECT at:
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Scharf & Associates Inc.
3217 NW 10th Terrace,_Suite_307
Fort Lauderdale, Florida 33309
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ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
CITY or ARCHITECT may request changes that would
Increase, decrease, or otherwise modify the Scope of Services
to be provided under this Agreement. Such changes must be
contained In a written amendment, executed by the parties
thereto, with the same formality and of equal dignity prior
to any deviation from the terms of this Agreement, Including
the Initiation of any extra work.
Alternate bid package preparation for rough grading Is
Included In the fee for the programmed scope of work.
Alternate bid package preparation beyond the programmed scope
of work Is an hourly additional service at a Guaranteed
Maximum Cost. Change orders/construction change directives
are at a maximum cost rate of six and 9/10 percent (6.9%).
Change orders and all changes will require an executed
amendment.
ARTICLE 7
CITY'S RESPONSIBILITIES
7.1 Assist ARCHITECT by placing at his disposal all
available Information pertinent to the Project
Including previous reports and any other data relative
to design or construction of the Project.
7.2 Furnish to ARCHITECT such data as required for .
performance of ARCHITECT'S basic services Including
core borings, probings, and subsurface explorations,
hydraulic surveys, laboratory tests and Inspections of
samples, materials and equipment; appropriate profes-
sional Interpretations of all of the foregoing;
environmental assessment and Impact statements;
property, boundary, easement, rights -of -way, topo-
graphic and utility surveys; property descriptions;
zoning, deed and other land use restriction; and other
special data or consultations unless such data is to
be furnished by the ARCHITECT.
7.3 Arrange for access to and make all provisions for
ARCHITECT to enter upon public and private property as
required for ARCHITECT to perform Its services.
7.4 Examine all studies, reports, sketches, drawings,
specifications, proposals and other documents
presented by ARCHITECT, obtain advice of an attorney,
Insurance counselor and other consultants as CITY
deems appropriate for such examination and render In
.writing decisions pertaining thereto within a reason
able time so as not to delay the services of
ARCHITECT.
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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).
0 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 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.
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8.3 RECORDS
ARCHITECT shall keep such records and accounts and
require any and all architects, consultants and sub
contractors to keep records and accounts as may be
necessary In order to record complete and correct
entries as to personnel hours charged to this 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.
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$.4 EQUAL OPPORTUNITY EMPLOYMENT
ARCHITECT agrees that It will not discriminate against
any employee or applicant for employment for work
under this Agreement because of race, color, religion,
sex, age or national origin and will take affirmative
steps to ensure that applicants are employed and
employees are treated during employment without regard
to race, color, religion, sex, age or national
origin. This provision shall Include, but not be
limited to, the following: employment upgrading,
demotion or transfer; recruitment advertising; layoff
or termination; rates of pay or their forms of
compensation; and selection for training, including
apprenticeship.
8.5 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.
8.6 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
connection with services covered by this Agreement,
ARCHITECT must secure the prior written approval of
the Contract Administrator.
8.7 ASSIGNMENT
This Agreement, or any Interest herein, shall not be
assigned, transferred or otherwise encumbered, under
any circumstances, by ARCHITECT, without the prior
written consent of CITY., However, the Agreement shall
run to the City of Tamarac and Its successors.
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$.$ INDEMNIFICATION OF COUNTY
(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
d1u) k�` employees In the performance of services under
tr 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.
8.9 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-
40 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.
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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 Project by endorsement.
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8.9 (a) Professional Llability _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
pollcy(les) must Include:
Employers Liability with a limit of
$100,000 each accident.
Notice of Cancellation and/or Re--
strlctlon -- The policy(les) must be
endorsed to provide CITY with thirty
(30) days notice of cancellation
and/or restriction.
(c) Comprehensive General Liability with minimum
limits of $12000,000 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:
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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.
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8.9 (c) 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-
striction -- The pollCy(les) must be
endorsed to provide City of Tamarac
with thirty (30) days notice of
cancellation and/or restriction.
(d) Business Automobile LlabilltX 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:
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.
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8.10 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 Construction
Management Services as the City's
representative/agent to whom all communication on
the day to day conduct of the Project shall be
addressed.
(b) ARCHITECT shall Inform the City/Construction
Manager In writing of the representative of
ARCHITECT to whom matters Involving the conduct of
the Project shall be addressed.
8.11 ATTORNEY'S FEES
If CITY Incurs any expense In enforcing the terms of
this Agreement whether suit be brought or not,
ARCHITECT agree to pay all such Costs and expenses In-
cluding but not limited to court costs, Interest, and
reasonable attorney's fees.
8.12 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 Un a
written document executed with the same formality and
of equal dignity herewith.
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8.13 NOTICES
Whenever either party desires to give notice unto the
other, It must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom It Is
Intended, at the place last specified, and the place
for giving of 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:
CITY OF TAMARAC :
City Manager
City of Tamarac City Hall
5811 NW 88th Avenue
Tamarac, Florida 33321
FOR ARCHITECT
Scharf 8 Associates Inc.
3217 N.W. 10th Terrace
R„ttp 'An7
Fort Lauderdale, Florida 33309
Marvin Scharf President
8.14 TRUTH -IN -NEGOTIATION CERTIFICATE
Signature of this Agreement by ARCHITECT shall act as
the execution of a truth-In-negotlatlon 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 changed 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.
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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 COUNCIL, signing
by and through Its MAYOR and CITY MANAGER, authorized to
execute same by CITY COUNCIL on the _Lday of ,
19 97 , and sctiar� _ ( 71S50[iq eS , signing by and through Its
duly authorized to execute same.
CITY
MAYOR
B NA�F.(Z HART
0
C I TY MArJAGAR
r7 JOHN K Y
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that 1 have
approved this AGREEMENT as to
for
l g�A�
RICHARD DOODY
CITY ATTORNEY
AGREEMENT BETWEEN CITY OF TAMARAC AND Scharf & Associates,
Inc. FOR ARCHITECTURAL/ENGINEERING SERVICES FOR Tamarac
Public Works and Public Utilities/En ineerin Com lex IN
TAMARAC, FLORIDA.
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12/4/87
12/8/87
_17_
FOR CORPORATION :.
ARCHITECT
13&i*-til
\�� �g�
Secr 4pV-Vto &-Axww-r
(Please Type Name of Secretary)
(CORPORATE SEAL)
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Scharf & Associates Inc.
(Please Type Name of Con-
sultant/Firm)
By
Marvin Scharf, Pre I ent
qT� day o 19 $i .
E
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C1
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 CITY 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/
Construction Manager.
(c) The Construction Manager 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:
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EXHIBIT "A"
(Continued)
PHASE OF SERVICE
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)
Basle structural system and dimensions
Energy conservation measures
Outline Specifications
Basic selection of mechanical and electrical
equipment and their capabilities.
2. Coordination with the Construction Manager's
development of scheduling services consisting of
reviewing and updating previously established
schedules.
3. Coordination with the Construction Manager's
Statement of Probable Construction Cost con-
sisting of updating and refining the Schematic
Design Phase Statement of Probable Construction
Cost.
4. The CONSULTANT shall submit the Design Development
Documents to the Contract Administrator for
approval. The ARCHITECT shall revise the docu-
ments as required to reflect comments from the
Contract Administrator/Construction Manager.
5. Three (3) sets of
included for this
owner's review.
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drawings and specifications are
phase In the basic services for
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EXHIBIT "A"
(Continued)
PHASE OF SERVICE
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. Coordination with the Construction Manager's
update and revision of the probable cost of
construction.
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/Construction Managers 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:
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EXHIBIT "A"
(Continued)
PHASE OF SERVICE
1. Assist the CITY In the preparation of bidding 18
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/Constructlon Manager ten (10 ) sets
of the construction drawings and specl-
ficatlons. These are Included In the basic
services. Additional sets will be provided as
reimbursable.
6. PHASE V -- CONSTRUCTION CONTRACT ADMINISTRATION PHASE
(a) Construction Phase will commence with the award of
the Constructlon 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. Construction Manager will
administer said Construction Phase In coordination
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 CONSTRUCTION MANAGER who will
have authority to act on behalf of the CITY.
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EXHIBIT "A"
Continued
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 onslte 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.
(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(s), however, making subse-
quent revisions to the contract documents will be
additional service; and receive and review (for
general content as required by the specifica-
tions) maintenance and operating Instructions,
schedules, guarantees, bonds and certificates of
Inspection which are to be assembled by Con-
tractor(s) In accordance with Contract Documents.
0
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EXHIBIT "A"
(Continued)
PHASES OF SERVICE
(e) Coordination of all instructions of the Contract •
Administrator/Construction Manager to Con-
tractor(s); 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 CITY/Construction Manager
In coordination with 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(s) relating
to the execution and progress of the work and all
other matters and questions relating thereto.
(f) Based on the ARCHITECT'S onslte observations as an
experienced and qualified design professional and
on his review of Contractor(s)' applications for
payment and the accompanying data and schedules
shall coordinate with the City/Construction
Manager In a determination of the amounts owing to
Contractor(s) and approve in writing to the
Construction Manager payments to Contractor(s) 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 quallfica-
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.
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LJ
EXHIBIT "A"
(Continued)
PHASES OF SERVICE
(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 CONSTRUCTION MANAGER shall prepare Change
Orders with the coordination of the ARCHITECT 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
shall 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 speclflca-
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.
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iA
EXHIBIT "A"
(Continued)
PHASES OF SERVICE
PHASE VI - - POST CONSTRUCTION PHASE
The ARCHITECT shall assist In the Inspection of the
Project 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.
OTHER CONDITIONS OR SERVICES
(a) The following Items are not Included In the Basic
Fee and, If required, will be provided as an
Additional Service and invoiced In accordance with
Article B:
Sewage lift station which Is approximately +-
1000, S.W. of the S.W. corner of the site.
(The gravity sewer line on the site and to the
lift station terminal manhole Is Included).
Off -site road and drainage design.
Canal crossing at Nob Hill Road.
Geotechnical work.
Wetlands permit.
Permit fees.
Coordination with an outside CONSULTANT for
underground waste disposal system or waste
treatment system Is included.
Coordination with an outside CONSULTANT for
design of communications, security or data
processing systems Is Included.
(b) Normal review and adjustments in programming are
part of the basic service. Programming beyond
review and adjustments shall be provided as an
Additional Service.
(c) Design services related to the program for a plant
nursery proposed for a portion of the site is
Included In the Basic Fee.
(d) Included In the basic services are
drainage permit services for the
permanent and temporary and all
services as required by governing
having jurisdiction over the project.
CCKa002
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EKE
all S.F.W.M.
canal, both
other permit
authorities
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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 29.60
1.25
2.5
92.50
Project Manager
G. Kuhl 25.00
1.25
2.5
78.13
Project Architect
L. Wechsler 18.30
1.25
2.5
57.19
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
7.50-
1.25
2.5
23.44-30.31
9.70
0
0
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PRINCIPAL/
Project Manager
Design Engineer
Field Engineer
Draftsman/
Technician
Clerical/
Administration
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EXHIBIT "B"
SALARY COSTS
DeRose & Slo a
Inc.
Structural/Civil-Engineering
Consultants
-BILLING
RATE (HOURLY
RATE
X PROFIT
X FRINGE
RAW
X FRINGE
AND
BENEFITS
HOURLY
BENEFITS
OVERHEAD
X PROFIT AND
NAME RATE
FACTOR
FACTOR
OVERHEAD
28.85-
1.25
2.5
90.16-120.31
38.50
9.65-
1.25
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
17.97-33.1-0
10.60
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EXHIBIT "B"
SALARY COSTS
Continued
Stollex & Associates. Inc.
M echan.ical/Electrical Engineering Consultants
Ig:71�Id1"l1�
Designer
Draftsman
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RAW
X FRINGE
HOURLY
BENEFITS
NAME RATE
FACTOR
29.85
1.25
19.70
1.25
14.85
1.25
2 9-
X PROFIT
AND
OVERHEAD
FACTOR
2.5
2.5
2.5
=BILLING RATE
(HOURLY RATE
X FRINGE
BENEFITS
X PROFIT
AND OVERHEAD
93.28
61.56
46.41
1/ wl( CQ, !/ 7-3/f/ C/
EXHIBIT "B"
SALARY COSTS
Rhett Roy, PA
Landscape Architecture/irrigation Consultants
PRINCIPAL
Senior Landscape
Architect
Landscape
Architects
Draftspersons
Clerical
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•BILLING RATE
(HOURLY RATE
X PROFIT X FRINGE
RAW X FRINGE AND BENEFITS
HOURLY BENEFITS OVERHEAD X PROFIT AND
NAME RATE FACTOR FACTOR OVERHEAD
18.00 1.25 2.5 56.25
16.00 1.25 2.5 50.00
11.00- 1.25 2.5 34.38-83.75
14.00
8.50 1.25 2.5 26.56
11.00 1.25 2.5 34.38
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