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Item III (H) Approval and Authorization for Mayor and City Clerk to Execute Architectural Services Agreement Work Orders No. 6 and No. 7, C.T. Hsu & Associates for City Hall/Police Department Buildings AGENDA 6-7-94 Item III H "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Oco=e S.SCOTT VANDERGRIFT °y1/4 '" CITY OF OCOEE RUSTY'• Q. LAKESHORE DRIVE PAUL W.FOSTER v O 150 N. IONERS OCOEE FLORIDA 34761-2258 VERN COMBS coER ` (407)656-2322 JIM GLEASON Of GOOOAMEMORANDUM ELLSSHAMANP O DATE: June 2, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: Montye E. Beamer, Director Administrative Services SUBJECT: Architectural Services Agreement Work Orders 6 and 7, C. T. Hsu & Associates On July 7, 1992, the City Commission approved the execution of an agreement for Architectural Services with C. T. Hsu & Associates in the amount of $112,000.00. The Staff Report listed the phases to be completed along with the percentage to be paid; the table appeared as follows with the addition of the actual dollar amounts: n ll(�II :>::::>:::.;::>::::>::::::::>::::>::::>::::>:::::P'h00: <::;:::::: ::.;::::::;:»:: ::.. .. ..P�irc�r►ta �::'::::::::<:::......Arua �.�a.... ...._......... ............. .._. Plan Finalization/Master Site Plan Development 5% 5,600.00 Schematic Design 15% 16,800.00 Design/Development 15% 16,800.00 Construction Documents 40% 44,800.00 Bid/Negotiation 5% 5,600.00 Construction Administration 20% 22,400.00 100% 112,000.00 The Agreement, while outlining all the required tasks, contemplates the issuance of individual work orders for each phase. Through the Construction Documents Phase work orders were executed. Inadvertently the bid/negotiation and construction administration phases proceeded without work orders; the compensation was, however, commensurate to that established in the agreement. The City's expectation as to tasks to be accomplished has not changed from those listed in the Scope of Work. Work Orders 6 and 7 completes the required paperwork. Action Requested The Mayor and Board of City Commissioners (1) approve Work Orders 6 and 7 for Architectural Services from C. T. Hsu & Associates and (2) authorize the Mayor and City Clerk to execute. 0/4- Con ci • WORD ORDER FOR ARCHITECT SERVICES AGREEMENT WORK ORDER NO. 6 PROJECT: EXPANSION OF CITY HALL AND POLICE DEPARTMENT CITY: OCOEE, FLORIDA ARCHITECT: C. T. HSU & ASSOCIATES Execution of the Work Order by City shall serve as authorization of ARCHITECT to provide for the above project, professional services as set out in the documents which are attached hereto and made a part hereof. ATTACHMENTS: [ Y ] Bid/Negotiation ARCHITECT shall provide said services pursuant to this Work Order, its attachment and that certain Agreement of July 6, 1992, between CITY and ARCHf lCT which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLEnON: The work authorized by this Work Order shall be completed at the time of award of a valid construction contract. COMPENSATION: The CITY shall compensate ARCHITECT a negotiated fixed fee in the amount of FIVE THOUSAND SIX HUNDRED DOLLARS ($5,600.00) with no reimbursables for the service required under this Work Order. ARCHITECT shall perform all work required by this Work Order; but, in no event, shall ARCHITECT be paid more than the fixed fee set forth above. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this day of , 1994, for the purposes stated herein. Ari±ST: C. T. HSU & ASSOCIATES ARCHITECT • By: ` loot 2wft' v Date: 5./� 1 / 1114 AITEST: BOARD OF CITY COMMISSIONERS CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Date: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1994 FOLEY & LARDNER By: City Attorney City of Ocoee Municipal Complex Attachment "A" Scope of Work The ARCHITECT, following the CITY's approval of the Construction Documents and of the latest Statement of Probable Cost, shall assist the CITY in obtaining bids or negotiated proposals, and in awarding and preparing contracts. WORD ORDER FOR ARCHITECT SERVICES AGREEMENT WORK ORDER NO. 7 PROJECT: EXPANSION OF CITY HALL AND POLICE DEPARTMENT CITY: OCOEE, FLORIDA ARCHITECT: C. T. HSU & ASSOCIATES Execution of the Work Order by City shall serve as authorization of ARCHITECT to. provide for the above project, professional services as set out in the documents which are attached hereto and made a part hereof. ATTACHMENTS: [ Y ] Construction Administration ARCHITECT shall provide said services pursuant to this Work Order, its attachment and that certain Agreement of July 6, 1992, between CITY and ARCHITECT which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLE 1"ION: The work authorized by this Work Order shall be completed when the Certificate of Occupancy of the completed structure is issued or when final acceptance of all materials or services has been made by the CITY, whichever occurs last.. COMPENSATION: The CITY shall compensate ARCHITECT a negotiated fixed fee in the amount of TWENTY-TWO THOUSAND FOUR HUNDRED DOLLARS ($22,400.00) with no reimbursables for the service required under this Work Order. ARCHITECT shall perform all work required by this Work Order, but, in no event, shall ARCHITECT be paid more than the fixed fee set forth above. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this day of , 1994, for the purposes stated herein. AITTEST: C. T. HSU & ASSOCIATES ARCHITECT 4..:_ L By: C. 1-f 4/ v Date: q17 I / MI Aim EST: BOARD OF CITY COMMISSIONERS CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Date: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1994 FOLEY & LARDNER By: City Attorney City of Ocoee Municipal Complex Attachment "A" Scope of Work A. The ARCHITECT, as the representative of the CITY, during construction, shall advise and consult with the CITY and all of the CITY's instructions to the Contractor shall be issued through the ARCHITECT. B. The ARCHITECT shall, at all times, have access to the Work wherever it is in preparation or progress. C. The ARCHITECT and/or professional subcontractors, shall make periodic visits on the average of one (1) day per week to the site spending adequate time to familiarize himself generally with the progress and quality of the Work, and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his/her on-site observations as an architect, he/she shall endeavor to guard the CITY against defects and deficiencies in the work of the Contractor. The ARCHITECT shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work; nor shall he be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. However, nothing herein contained shall be construed to relieve ARCHITECT of its obligation to ascertain whether all work performed by Contractor is in accordance with the Contract Documents, and to advise Contractor and CITY within a reasonable period of time, when, in its opinion, Work is not being performed in accordance with the Contract Documents. D. Based on such observations at the site and on the Contractor's Applications for Payment, the ARCHITECT shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the ARCHITECT to the CITY, based on the ARCHi'tCT's observations at the site and the data comprising the Application for payment, that the Work has progressed to the point indicated; that to the best of the ARCHITECT'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate of Payment); and that the Contractor is entitled to payment in the amount certified. E. The ARCHITECT shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, he/she considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he/she will have authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed, or completed. F. The ARCHITECT shall review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the Project and for compliance with the information given in the Contract Documents. G. The ARCHITECT shall prepare Change Orders for CITY approval prior to actual performance of work. ARCHITECT shall have authority to order minor changes in work not involving adjustment to Contract Sum or Time Extension of Contract Documents. H. The ARCHITECT shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. I. The ARCHITECT shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. J. Nothing contained in this Agreement shall be read or interpreted to give ARCHITECT authority to arbitrate differences between the CITY and the Contractor. No opinions or decisions of the ARCHITECT shall be binding on CITY. Such opinions shall be advisory only and carry no presumption of correctness in any proceedings on any dispute between the CITY and the Contractor.