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R93-171
RESOLUTION NO. R93- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SMITH, SECKMAN, REID, INC., (SSR, INC.), WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, has deemed it appropriate to enter into a Consultant Agreement with SSR, ~nc., providing for engineering design and construction phase services in connection with the project designated City Hall Complex HVAC System Modifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THECITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute a Consultant Agreement between the City of Boynton Beach and SSR, Inc., providing for engineering design and construction phase services in connection with the project designated City Hall Complex - HVAC System Modifications. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of October, 1993. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ci~ c 1 ~r~k~ - (Corporate Seal) Authsig. WP5 SSR, Agr 10/15/93 October 12, 1993 Smith Seckman Reid. Inc. Mr. Scott Miller City Manager Ci~y.ofBoynton Beach . 100 E. B0ynton Beach Blvo. P.O. B0x 310 Boynton Beach, FL 33425-0310 Re:' city Hall Complex HVAC Modifications SSR# 93278 Dear Mr. Miller: We the opportunity to provide this proposal, and are to working with you on this project. We understand the scope of this project to be as follows: 1. Review of mechanical plans, shop drawings and submittals. 2. Inspection of existing systems for condition and function vs. originalplans. 3. Calculation of existing equipment design as compared to actual load and requirements for cooling capacity. 4. Design change-out of coils, fans, complete AHU's or redesign of duct/delivery system as necessary to meet new design and IAQ needs. 5. Design supply of outside air at 15 to 20 CFM constant per person with night time shut down capacity, prefitter and precool coil as needed or as required by ASHRAE 62-1989. 6. Design filtration systems to be 40-60% efficient and to trap one micron particulate. 7. Provide drawings and specifications for replacement of all interiorlined ductwork with new exterior wrapped ductwork and re-insulation of AHU's after removal of interior insulation and sound absorption materials. 8. ~esign modification to manual control valves on East Wing AR-Js ~1 and #3 to automatic. Mr. Scott Miller City of Boynton Beach SSR #93278 October 12, 1993 Page 2 Design modifications to manual control valves on chillers to automatic to stop cross flow during lead/lag operation. 10. 1t. 12. Design modification to Trane Trace~ supply not presently on Tracer. _.~ Design installation of new chiller room per neW ASHRAE allow ~AHU in Design addition of new AHU for locker rooms,~B~d~ge and gym area of East Wing. 13. Design anexhaus' for in City Hall,. qing lstlarld 14. 15. Design modification of West Wing 1st floor for coils to be switchable to.constant fan on operation. Design modification to all drain pans to.ensure positive complete drainage. 16. Design outside air make-up ducts to the fan coil units rooms 201 and 203 of the East wing. 17. Specify the testing and balancing of all SYStems after revision. 18. Construction work will be designed to be completed in phases to require minimum down time of facilities. 19. Wehave included 296 hours (8 hours per wee~ ~or 37 weeks) for construction phase job 'observation site Visits. Additional hours will be performed as an Additional Service. Our services will consist of those professional engineering services set-forth in the City of Boynton ~eachStandardConsultant Agreement Form. We expect you to furnish us regarding ~our requirements including any Considerations for the project or special services needed. We also expect you to make available all pertinent existing data. Mr. Scott Miller City of Boynton Beach SSR #93278 October 12, 1993 Page 3 Our fee for the above services will be a lump sum fee of $45,000. We expect this fee to be adjusted equitably to reflect changes in the scope of services. We will also furnish such Additional Services as you may request. be hourly based on the Principal $100/hr Project Manager 90/hr 80/hr 70/hr Sr., Designer 65/hr Designer 55/hr Drafter 40/hr Clerical 35/hr Reimbursable expenses in connection with all Basic and Additional Services will be charged to you on the basis of actual cosu plus 10% for handling. These reimbursable expenses incl~de blueprinting and special mailing. We will bill you monthly for our services and reimbursable expenses. The above financial arrangements are based on the prompt payment of our bills and the orderly and continuous progress of the project through construction. We reserve the right to withhold services if payments are delayed beyond 30 days unless we can be satisfied that payment is forthcoming. We propose the following payment schedule: Milestone ~ount Completion of field surveys and review of existing conditions $ 6,000 50% Checkset documents presented to the City $12,000 90% Checkset documents presented to the City $12,000 4. Issue of Final Bid documents $ 3,000 5. Award of Bid $ 3,000 Mr. Scott Miller City of Boynton Beach SSR ~93278 October 12, 1993 Page 4 We~ 50% construction completion Construction complete the constz cost ~ We are looking forward with you. $ 4,500 $ 4,500 is an..~early the do not from the )le Very truly yours, ~r~ S. ~rty , . cc: JRB~, JPB, KGD, RLU -SSR ACCEPTED. T~IS DAY OF O t. 19 93 CONS~LTANT AGP. E~ENT FO~M ENGINEERIN~ SERVICES THIS AGRE~ENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City" and SSR, Inc., hereinafter referred to as the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The Consultant is retained by the City services City Hall Complex - ons. ® SCOPE OF SERVICES. Consultant agrees to perform the services, in the attached proposal letter dated.October 12 the provision of all labor, materials, and TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consul to proceed. Consultant shall perform all services and de all work product required pursuant to this 120 days from the date written notice is given to an extension of such time is granted in the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by consultant shall be made 'as provided in the attached proposal letter dated October 12, 1993, provided that the total amount of payment to Consultant shall not exceed $45,0001 plus reimbursable expenses without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project com_p~eted to date. Such vouchers will be checked by the City, and upon apprOVal thereof, payment will be made to the Consultant in the amount approved. Co Final payment of ~ny balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, Supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are for inspection by of be or use and a~am~ from Ail d6Cument~, d~awings, the Consultant for ~.shall the .y observe :dinances ices to be Ltd hold from and or any arising sickness, or damage to o~failure of The Consultant shall secure (Refer to attached Certificate of Said (30) days prior en no! in force general 000 per injury; and and of $1,000,000. a provision upon thirty Certificates of :bed. INDEPENDENT CO~TRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the.serVices provided pursuant to ~h=s agreement. Nothing in this agreement shall be conslde~e~ ~o create the relationship of employer and employee .between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contribution to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. CO%'ENANT A~AINST CONTINGENT FEES. The Consuitant warrants that he has not employed or retained any company or person, other that a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid..or agreed to p~ any company or person, other than a'bonafide employee working solely for the Consultant, any fee; commission, percentage,:brokerage fee~. gifts, or any other consideration contingent upon or resulting from the award or making of this contract,r For breach or violation of this warranty, the right to annul this contract without discretion to deduct from the ~- =onsideration, or otherwise fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the by it under this agreement, will not on the grounds of race, color,national origin, reli the presence of any physical or senso~ in the selection and retention of employees or procurement of materialsor supplies. 12. ASSI~M~NT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express writ=eh consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agre~nt shall not constitute a waiver of any other p~6~isfon. 14. TERMINATION. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surv~v~ng members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15; 16. DISPuTeS. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Floridm. Further,~ this agreement shall be construed under Florida Law. to the fol' City of Boynton Beach shall be sent 33425-031~ address: 17. INTEGP~TED AGP. F~TT. This attachments o~ ~ all ~ or oral. instrument s~' DATED this 12th ~ay of October, CITY OF BOXNTON~EAC~ Attest/Authenticated: 1993. with rated written .~y written SMIT~ SEC~MAN REID, Vice President Title INC · City Clerk Rev. 1/22/91 (Corporate Seal) Attest/Authenticated: Secretary TREADWELI S HARRY AGENCY P 0 BOX ~1~69 MEMPHIS ~TE OF IN~J~AJNCE ISSUE DATEIMMI,QDiyy 10/12/93 THIS ~=HiiFICATE IS ~UED AS A ~TTER OF ~NFORMATIO~ ONLY A~D CONFE~ ~O RIGHTS UPON THE CERTIFICATE HOLDEr. THIE CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE CovERAG~ ~FORDED BY THE I ~S ~R ~NCE POLICES BELOW. COMPANIES AFFORDING COVERAGE TN 3817~--1~,69COMP~Y SMITH SECKFAN SUITE 700 3319 WEST END NASHVILLE COVERAGES COMPANY LETTER B REID INC a ~ Z COMPANY O TN 37203 LETTER LETTER E SECURITY INS CO HTFD THIS:IS :TO ,CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ~SUED :TO THE NSURED NA{vlED ABOVE.FOR THE POLCY PER OD tNDiC~TED, NOTWITHSTAI~DING~ANY REQUIREMENT, TERM OB CONDITION OF ANYCONTRACT OR OTHER DOCU~E~IT WITH RESPECT TO WH CH TH S CEP~'IFICATE MAY SE iSSUED'OR MAY PERTAIN THE iNSURANCE AFFOBE~ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L MITS SHOWN MAY HAVE BEEN ~EDUCED B~ PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION )ATE MM/DDIYY) DATE ~MMIDDIY'I LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS H~RED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS ~ASILITY UMBRELLA FORN OTHER THAN JMSRSLLA FOR~ GENERAL AGGREGATE PRODUCTS-COMP/DP AGG. PERSONAL &AOV. iNJURY EACH OCCURRENCE F~RE DAMAGE (Any one fire MED. EXPENSE (Any one ~ers~) COMBINED SINGLE LIMit BODILY INJURY (Per oersor BODILY INJURY EACH OCCURRENCE AGGREGATE WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY E OTHER PRFSNL. LIAB. DESCRIPTION OF OPENATIONS/LOCATIONSIVEHICLES~PECIAL ITEMS STATUTORY LIMITS EACH ACCIDENT $ DISEASE--POLICY IJMtT $ DISEASE--EACH EMPLOYEE $ UZ/U //'~q- Ll Z~UUU ~0uu/z,000,0~ BI / PD / CER¥~FICATE HOLDER CITY ATTEN: SCOTT CITY ~ANAGER BOYNTON BEACH ~'ACORD25~ ~/~) OF EOYNTON BEACH MILLER FLORIDA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOBE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3 MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION ~R LIASILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. ^UTHO.Z,D / ©ACORD CORPORATION 1 Y CERTIFICATE OF* INSURANCE- Cook, Lord~MartrJ~ & Zerfoss P.O. Box 12~587 Mashvikle TN 37212 Sam L. Cook III 615-385-0762 10/12/93 SBITSE1 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEI¥;~IFICATE DOES NOT AMEND, E~rEND OR ALTER THE COVERAGE AFFORDED BY THF.~ POLICIES BELOW. COMPANIES AFFORDING COVERAGE C~MPANY A General Ac=ident Ins. Co. ~MPANY B LETTER co~ C L~¥ D smith Seckman & Reid, [nc 33'[9 West End A~ve. Suite 700 ~ashvil[e TN ~03~1059 ~ E THI' I~O C~l~ ~AT THE ?OLIOIEs O~ N~U~NCE ~'~;~O "~ ~E ~_~U~ TO ~HE INSURED ~";0 ASOX~ ;~ ~?~ ~CLeSIONS AND COND~IeNS OF S~CH ~Cl~ L M~pWN MAY~VEBEEN REOeCED B O M A X COMMERCIAL GENERAL LD~ILITY CPP0701613-06 BA0032104-09 03/01/93 03/01/93 03/01/94 03/01/94 = ~RODUCT~-COM P/DP AGG. $ Exctuded EACH OCCURRENCE B 1000000 MED, EXPENSE ~y one pemon) S 5000 uMrr s 1000000 A X UMBRELLA FORM X C 0067'"$4;}- 06 A WORKER'S C~MPEHSATION WCO129274-06 03/01/93 03/01/94 03/01/93 03/01/94 EAC~ (DCCEJ RRENCE S 4000000 OTHER All Operations CERTIFICATEHOLDER City of Soyn:on Beach, FL Attn: Scott Miller CityManager Boy,ton Beach FL kCORO25-S(7~90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAil 30 DAYS WRffTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBMGATION OR ~ LIABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS O~I~EPRESENTATIVE Sam L. Cook I I I~..,..~ ,. ~. ~-,.. . ACORD CORPORATION 1 99O