2000-049 Library Lighting Analysis/Study Agreement w/Gee & Jenson• RESOLUTION 49-2000
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT WITH GEE & JENSON ENGINEERS-
ARCHITECTS-PLANNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
IS FOR THE PURPOSE OF PROVIDING THE VILLAGE WITH A LIGHTING
ANALYSIS/STUDY FOR THE UPPER FLOOR LEVEL OF THE VILLAGE LIBRARY
BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the agreement with Gee & Jenson Engineers-Architects-Planners, Inc., attached as
Exhibit "A", which agreement is for the purpose of the Village securing a lighting analysis/study
for the upper floor level of the Village library building.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute
the agreement with Gee & Jensen Engineers-Architects-Planners, Inc., set forth in Exhibit "A"
for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF JULY, 2000.
(Village Seal)
MAYOR
ATTEST:
•
VILLAGE CLERK
• ~
July 7, 2000
(Revised August 22, 2000)
Village of North Palm Beach
501 U. S. Highway One
North Palm Beach, FL 33408-4799
Ann: Mr. Tom Hogarth
Director of Public Services
Re: Lighting Study for Upper Floor Level of Library
Gentlemen:
GEE & JENSON
Engineers • Architects • Planners. Inc.
SINCE 195t
One Harvartl Circle
West Palm Beach. F~ 33409
Telephone (661) 515-6500
Executive Fax (561) 5156503
Fax (561) 5156502
We are pleased to submit the following proposal for professional services in connection with providing a
lighting analysis/study for the upper floor level of the existing Village Library Building. Gee & Jenson
Engineers-Engineers-Planners, Inc., hereinafter referred to as the Engineer, proposes to furnish
professional services for the Village of North Palm Beach, hereinafter referred to as the Client for the
scope outlined below for the fees stipulated herein.
Scope of Services
The Engineer will perform the following:
I. Visit the site once to meet with Librarian and take several lighting level measurements of the existing
lighting system.
2. Select (2) light fixtures and make recommendations on type of fixture to be used in the lighting
calculation.
3. Provide a written report stating recommendations and probable cost estimate.
4. Provide additional services as mutually agreed upon.
Items to be Furnished by Client
At No Expense to the Engineer
Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent information including
previous studies, drawings and any other data relative to performance of the above services for the
project. It is agreed and understood that the accuracy and veracity of said information and data may be
relied upon by Engineer without independent verification of the same.
Designate in writing a person to act as the Client's representative with respect to the services to be
performed under this Agreement. Such person shall have complete authority to transmit instmctions,
receive information, interpret and define the Client's policies and decisions with respect to materials,
• equipment, elements and systems pertinent to the Engineer's services. If no person is designated, the
Engineer will assume the individual signing this agreement has authority to act as Client's representative.
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Attn: Mr. Tom Hogarth
Re: Lighting Study for Upper Floor Level of Library
• Page 2 -July 7, 2000 (Revised 8-22-00)
Time of Performance
The Scope of Services will be completed within the following calendar days after receipt of Notice to
Proceed except for delays beyond the reasonable control of the Engineer.
SCOPE ITEM CALENDAR DAYS TO COMPLETE
I 5 days
2 & 3 10 days
4 As Mutually Agreed Upon
The above noted times of performance are not, however, a warranty or guarantee that the noted services
will be completed within such time frame.
SCOPE ITEM LUMP SUM FEE
$3,000
Invoices for services rendered are prepared monthly and are due and payable within thirty (30) days from
date of the invoice. Client agrees to pay such invoice within the time frame specified in Section 218.70,
et seq., Florida Statutes, the'Florida Prompt Payment Act'.
Payments which are not received within sixty (60) calendar days from the date of invoice will be
considered sufficient cause for Engineer to discontinue performing and providing services until payment
in full is received.
This contract shall be governed by the laws of the State of Florida, and the appropriate venue for any
actions arising out of the agreement would be West Palm Beach, Florida.
Project Review Services
Services on a project site to evaluate the existing conditions of items such as paving, structural,
architectural, building envelope, roofing, mechanical and/or electrical systems are limited to identification
of observable conditions only. Systems that are not visible to the observer from within the building
envelope or from accessible exterior elements of the project are not part of the Engineer's observations.
Review of these systems by the Engineer will only occur when specific and detailed descriptions of the
system to be evaluated and the manner in which access is to be provided is detailed in the Scope of
Services. The Engineer will not be responsible for observing or notifying the Client of any conditions or
issues not included in the Scope of Services.
Modification to the Terms of this Agreement
• In the event Client issues a Purchase Order or Memorandum or other Instrument covering the professional
services described herein, it is hereby specifically agreed and understood that such Purchase Order,
Memorandum or Instrument is for Client internal control purposes only and any and all terms and
conditions contained therein, whether printed or written, shall be of no force or effect. This contract is the
One Harvard Circle • West Palm Heath, FL 33409 • Telephone (561) 5156500 • Fax (561) 5156502
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Attn: Mr. Tom Hogarth
Re: Lighting Study for Upper Floor Level of Library
• Page 3 -July 7, ?000 (Revised 8-22-00)
entire contract between the parties and there is no modification or waiver of any of the terms and
conditions herein unless signed by both parties.
Litigation Fees
If either party institutes litigation to enforce any of the obligations, terms and conditions of this
agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs,
including attorney's fees and costs on appeal, from the non-prevailing party.
Estimates
Since the Engineer has no control over the cost of labor and materials or over competitive bidding and
market conditions, the estimates of construction cost provided for herein are for general information only
and are made in accordance with the applicable standard of care. Accordingly, the Engineer does not
guarantee the accuracy of such estimates when compared to the Contractors' bids or the project
construction cost.
Termination
This Agreement may be terminated by either party by giving thirty (30) days advance written notice. The
Engineer shall be paid for services rendered to the date of termination on the basis of a reasonable
estimate of the portion of services completed prior to termination and shall be paid for all reasonable
expenses resulting from such termination and for any unpaid reimbursable expenses.
Ownership and Use of Documents
Drawings, specifications, and electronic data files as instruments of service are and shall remain the
property of the Engineer whether the project for which they are made is executed or not. The Client shall
be permitted to retain copies, including reproducible copies, of drawings, specifications, and hard copies
of electronic data files for information and reference in connection with the Client's use and occupancy of
the project.
Code and Regulatory Compliance
The Engineer prepares documents in accordance with known codes and resolutions and relies on his
experience to evaluate their applicability to designs, products, studies and decisions that are part of the
services to the Client.
Local interpretations of codes and regulations may vary and, therefore, require input from authorities
• having jurisdiction over the project. During meetings and permit processing phases specific
interpretations are made by these authorities that are effectively official decisions of the agency. Such
changes can impact the cost and/or schedule of the project and cannot be controlled by the Engineer.
These conflicts include but are not limited to the following:
One Harvard Circle • West Palm Beach. FL 33409 • Telephone (561) 515.6500 • Fax (561) S1S6502
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Attn: Mr. Tom Hogarth
Re: Lighting Study for Upper Floor Level of Library
Page 4 -July 7, 2000 (Revised 8-22-00)
Application of new codes and/or regulatory criteria not published, enacted or applied at the time the
agreement between the Engineer and the Client was entered into.
Changes in agency staff, conflict or changes in official interpretations of existing codes and regulations,
or in the inclusion of a particular code or regulation as to their applicability to the project, made after the
agreement was entered into. Such occurrences can be imposed during and after design, and in extreme
cases during or after construction.
•
Conflicting interpretations ofagency inspectors or representatives during or after construction.
For the above reasons and others, the Client or the contractor shall not depend upon the design contract
documents to proceed in any way with an activity that will incur costs or liability prior to receipt of
permits or agency approvals. Additionally, the Client agrees that changes made by these authorities after
receipt of permits or approvals are beyond the Engineer's control.
Subject to the direction of the Client, the Engineer will respond accordingly. Any professional services
provided by the Engineer associated with design or contract document modifications, preparation of
change orders, new permits or any other task associated with the resolution of matters brought about by
the occurrence of the above are not considered part of the Engineer's basic services and will be
compensated for as additional services. No additional services shall be rendered by the Engineer without
the prior written approval and agreement of the Village with compensation established.
Very truly yours,
GEE & JENSON
Engineers-Engineers-Planners,lnc.
Accepted by:
VILLAGE OF NORTH PALM BEACH
iti:u~G~
Thomas .Orlowski, AI , NCARB
Sr. Vice President
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