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HomeMy WebLinkAboutR-1997-155 I f RESOLUTION NO. 155-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT WITH MANUEL SYNALOVSKI ARCHITECTS, INC. , FOR ARCHITECTURAL SERVICES, RELATING TO RENOVATIONS AND ADDITION TO THE CITY OF DANIA FIRE/RESCUE STATION NUMBER 1; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city commission has determined that renovations and an addition are necessary for The City of Dania Fire/Rescue Station Number One, in the City of Dania, Florida; and WHEREAS, the city commission has determined the city will receive the highest quality services at the least cost to the City by contracting for architectural services with Manuel Synalovski Architects, Inc. , under the terms and condition in the contract contract between the City of Dania and Manuel Synalovski Architects, Inc. , a copy of which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 : That the certain contract for architectural services relating to renovations and an addition to The City of Dania Fire/Rescue Station Number 11 between the City of Dania and - Manuel Synalovski Architects, Inc. , 3109 Stirling Road, Suite 202, Fort Lauderdale, Florida, 33312, a copy of which is attached hereto and made a part hereof as Exhibit A, be and the same is ", 4- hereby approved and the appropriate city officials are hereby directed to execute same. Section 2 : That all resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3: That this resolution be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 28Ch day of October, 1997 . L YO MMISSIONER ATTEST: CITY CCLLERI' -AUDITOR APPROVED S T/ FYO"RM 11 CORRECTNESS: By:— CITY AT ORNEY r 2 RESOLUTION NO. 155-97 AGREEMENT This agreement made this 28 day of October, 1997, by and between the CITY OF DANIA, 100 West Dania Beach Boulevard, Dania, Florida, 33004, hereinafter referred to as City, and MANUEL SYNr=OVSKI ARCHITECTS, INC. , a Florida Corporation, 3109 Stir'-in: Road, Suite 202, City of Fort Lauderdale, County of Broward, State of Florida, hereinafter referred to as Architect. This agreement shall constitute the terms and conditions under which architect shall provide architectural services for rencvation of and an addition to Fire Station Number One, City of i Dania, County of Broward, State of Florida. SECTION ONE ARCHITECT' S SERVICES A. Architect agrees to provide all architectural, i engineering, and consulting services for design development, cons=_uction documents, bidding/permitting and contract administration for the proposed addition and renovation of Fire -Rescue Station Number One. B. Architect' s services shall include the necessary conferences, the preparation of preliminary studies, work drawings, specifications, large scale and full-sized detailed - drawings, as may be required, the issuance of certificates for paymen_, the keeping of accounts, supervision of the work, and inspe--tions during the guarantee period. In addition, architect' s Page -I- EXHIBIT "All r i services shall include the preparation of drawings, specifications, and written opinions in connection with construction changes. C. Architect' s services identified as design development shall be completed within three weeks from execution of this agreement and such services shall include developing the architectural, structural, mechanical, electrical, plumbing and civil/landscape drawings together with furnishing updated probable cost estimate on the construction project. D. Architect' s services identified as construction documents shall be furnished within seven weeks after the design development stage. The services identified as construction documents shall include preparation of the contract documents inclusive of construction drawings and specification for the permitting of the project . E. Architect' s services identified as bidding/permitting shall be completed within four weeks after the completion of the construction documents phase. The bidding/permitting services shall include assisting the City and staff with distribution of bid documents, assisting bidders with responses to questions and clarifications, including issuing addenda as required and - following and facilitating in the completion of the permitting project. Architect anticipates the contract award phase shall be completed within four weeks after completion of the :� Page -2 I bidding/permitting services. Architect estimates the contract notice to proceed shall be issued within two weeks after the i contract award. F. Architect shall furnish the services identified as contract administration within thirty weeks after the contract notice to proceed. Architect' s services in the contract administration phase shall include review of all submittals, monitoring the construction progress, attending weekly project meetings, assisting the City and staff with the review and approval of payment applications, certifying substantial I completion and certifying final completion. SECTION TWO COMPENSATION I City agrees to pay architect a total fee of FIFTY-TWO THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS AND N01100 ($52, 750. 00) . schedule of fee payment shall be as follows: The p ym Design Development $11, 500 . 00 Construction Documents $23, 750. 00 Bidding/Permitting $ 5, 750. 00 I Contract Administration $11, 750 . 00 The Architect will receive progress payments which shall be _ disbursed after Architect has fully performed the above described service. Any alteration or deviation from the aforementioned compensation and progress payments will be executed only upon i I l Page -3- I I written orders for the same and will be added to or deducted from the sum quoted in this agreement. All additional agreements must be in writing. SECTION THREE ARCHITECT' S EXPENSES A. Architect shall pay all expenses in connection with site planning, site engineering, as well as structural, mechanical, and special engineering pertinent to the preparation of the drawings and specifications or their interpretation, and the i determination or compliance, as may be required in the completion of the project. SECTION FOUR CERTIFICATION OF DRAWINGS I City will furnish Architect with a current dated certified topographic survey of the project site and adjacent land and facilities, and architect certifies the drawings will be based on I such survey. SECTION FIVE CITY' S EXPENSES A. city will authorize and pay for test borings or pits and consultation with a soils engineer and for chemical, mechanical, - or laboratory tests, when and as required, but not including I tests specifically required under the construction contract. B. City agrees to reimburse Architect for the following I Page -4 expenses: construction administration, copies, courier, faxes, federal express, long distance calls, mileage, permit fees, photography, postage, printing, processing fees., rendering, surveying, testing and traffic studies . Reimbursable expenses shall be invoiced to the City at cost. SECTION SIX ARCHITECT' S DUTIES TO ADVISE, SUPERVISE, AND INSPECT; GUARANTEE PERIOD A. Architect will advise owner in writing of any omissions, substitutions, defects, and deficiencies noted in the work of contractors, but does not guarantee the performance of their i • contract . B. The supervision of Architect is to be distinguished from the continuous personal supervision to be obtained by a resident I I inspector. Architect or his agent shall visit the project once a I week, or more often when the nature and progress of the work and the interests of City require an increase in the frequency of such visits . C. There shall be a guarantee period of one year, during which Architect shall inspect the project for evidence of faulty materials and quality of work. The landscape work and the heating and cooling systems shall be inspected by Architect in appropriate season. The project in general shall be inspected at or about the third month after completion and, in addition, Page-5- I Architect shall make such other inspections and perform services as may be necessary and incidental to the requirements of the drawings and specifications . D. When authorized by City, a resident inspector, satisfactory to both City and Architect, shall be employed by Architect at a salary satisfactory to City, who shall reimburse Architect for such salary, in addition to the Architect' s fee previously agreed upon. SECTION SEVEN I ARCHITECT' S CERTIFICATES i Architect' s certificates evidencing recent inspection and acceptability of the work, and certifying as to the validity of requested payments shall be executed simultaneously with requests for advances for payment covering construction cost or monthly reports of progress and compliance when advances during construction are not requested. The above-stated certificates shall be based on personal inspection of the work by Architect or his agent . The name of the agent shall be indicated when an inspection is made by t:he agent for Architect. SECTION EIGHT TERMINATION OF AGREEMENT - A. Either Architect or City may, on 30 days prior written notice to the other party, terminate this agreement for reason of noncompliance with any of the provisions of this agreement by the Page -6- I I i other party. B. In the event of termination, Architect shall be entitled w� only the prescribed portion of fee determined by the schedule of services completed. SECTION NINE ARBITRATION A. All claims, disputes and other matters in question arising out of or relating to this agreement or breach of this agreement shall be decided by arbitration in accordance the construction arbitration rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. B. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the American Arbitration Association. The demand shall be within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall a demand for arbitration be made after institution of legal or equitable proceedings based upon such claim dispute or other matter in question will be barred by the applicable statute of limitations. C. The award rendered by the arbitrators shall be final and _ judgment may be entered on it in any court having jurisdiction over such award. SECTION TEN Page -7- CONSTRUCTION CHANGES - COSTS AND DUTIES A. City agrees to pay, in addition to the contract price, the costs of any supplementary drawings required by reason of construction changes agreed to by both parties. B. It is understood that Architect, under the terms of this agreement, will review and act in an advisory capacity in connection with each construction change submitted by City and will prepare a letter indicating his opinion as to the acceptability and effect of each change without additional cosy to City. SECTION ELEVEN ARCHITECT' S CERTIFICATION OF INTEREST Architect hereby certifies that he is an independent practitioner having no identity of interest in the project or the real estate on which it is to be constructed other than the fee he has received or is to receive under and pursuant to this agreement . SECTION TWELVE EFFECT OF AGREEMENT This agreement shall bind, and the benefits thereof shall inure to, the respective parties to this agreement, their legal representatives, executors, administrators, successors, and assigns. Page -8- SECTION THIRTEEN NO WAIVER �l The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as 1 thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION FOURTEEN I GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. SECTION FIFTEEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party' s attorneys' fees. - SECTION SIXTEEN EFFECT OF PARTIAL INVALIDITY - I i ji The invalidity of any portion of this agreement will not and II' 4 shall not be deemed to affect the validity of any other iprovision. In the event that any provision of this agreement is ..1 held to be invalid, the parties agree that the. 'remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION SEVENTEEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding I� upon either party except to the extent incorporated in this i agreement. SECTION EIGHTEEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. SECTION NINETEEN EXCUSABLE DELAY I " Neither party to this agreement shall be liable to the other for any loss, costs, or damages, arising out of, or resulting from any failure to perform in accordance with the terms of this -10- taw I I agreement where the cause of such failure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, riots, governmental action, explosions, fire, floods, or any other cause not within the reasonable control of either party. SECTION TWENTY i NOTICES Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail to the respective address of each party as set forth at the beginning of this agreement. SECTION TWENTY-ONE I ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal t that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION TWENTY-TWO PARAGRAPH HEADINGS The titles to the paragraphs of this agreement are solely _ for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. -11- I SECTION TWENTY-THREE COUNTERPARTS This agreement may be executed in any number of icounterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor-Commissioner, City Manager, attested by the i City Clerk with the corporate seal of the said City of Dania, and the Contractor has executed these presents the day and year written. As to City: CITY OF DANIA, FLORIDA: City C rk l'[fayor-Commissioner Appro s to fo //' � By City At orney Citing r As to Architect: j' MANUEL SYN I ARCHIT TS INC. Signed, Sealed and Witnessed in the Presence of: By.MANUEL SY S , PRES. Witness j; ��; Witness 4 f' f' f f �