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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-062Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96 4�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENTS WITH SIX (6) CONSULTING FIRMS TO PROVIDE ENGINEERING SERVICES TO THE CITY ON AN "AS -NEEDED" BASIS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Expression of Interest No. 95-21 for Professional Engineering Services in the Fort Lauderdale News/Sun Sentinel on October 22 and 29, 1995; and WHEREAS, on November 28, 1995, the submittals from the following seventeen (17) firms were opened: 1. Carr Smith Associates 2. Craig A. Smith & Associates 3. Professional Services Industries, Inc.. 4. Bermello-Ajamil P & Partners, Inc. 5. Carnahan -Proctor and Associates, Inc. 6. Hartman & Associates, Inc. 7. Keith and Schnars, P.A. 8. De Rose & Slopey Consulting Engineers, Inc. Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 9. Bailey Engineering Consultants, Inc. 10. Gee &Jenson, Engineers -Architects -Planners Inc. 11. LakdasNohalem Engineering, Inc. 12, Consul -Tech Engineering, Inc. 13. Miller, Legg & Associates, Inc. 14. Kimley-Horn and Associates, Inc. 15. Kisinger Campo and Associates, Corp. 16. Post, Buckley, Schuh & Jernigan, Inc. 17. Quentin L. Hampton Associates, Inc., Consulting Engineers; and WHEREAS, the Public Works Director, City Engineer, and Stormwater Utility Engineer have reviewed the seventeen (17) submittals and recommend the appropriate City Officials be authorized to execute agreements for professional engineering services 1 on as "as -needed" basis with the following six (6) firms: 1. LakdasNohalem Engineering, Inc. 2. Quentin L. Hampton Associates., Inc. 3. Carnahan -Proctor and Associates, Inc. 4. Carr Smith Associates 5. Miller Legg Associates, Inc. 6. Professional Service Industries, Inc; and 2 Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute and enter the City into an agreement with the six (6) firms listed above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: That the appropriate City Officials are hereby authorized to execute agreements with the six (6) firms listed above, copies of which are attached hereto as "Composite Exhibit "A". Section 3: That if any clause, section, or part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portion or application of this Resolution. 11 K 1 1 1 Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 Section 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. cti n 5: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �day of 127al-rG , 1996. ATTEST: ROL A. EVANS C TY CLERK RECORD'OF COMMISSION VOTE MAYOR ABRAMOWITZ DIST. 1: gOMM. McKAYE MITCHELL S. KRAFT V DIST.2: COMM. MISHKIN CITY ATTORNEY DIST. 3: COMM. SCHREIB R DIST. 4: V/M MACHEK ges/bl 3/27/96 mtg. 4 �- g- �42-- CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES This Agreement, made and entered into and effective this _ _ day of � by and between: CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and QUENTIN L. HAMPTON ASSOCIATES, INC. hereinafter called "CONSULTANT" WITNESSETH: WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, direct; and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITY to be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: I.SCOPE OF -WORK. CITY hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standard of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various Civil Engineering projects including stormwater management and utility system improvements. Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such services are as follows: Tamarac. Agr/3496 1 A. ATTENDANCE „AT_MEETINGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not directly related to an already assigned task - such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as T- 10. However, CONSULTANT shall not attend any particular meetings unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number T-10 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number T-10 will identify the specific meetings to which they apply. All fees for services on Job Number T-10 will be compensated as defined in Section III.A. herein. B. REVIEW DEVELOPMENT PLANS. When requested by the CITY, the CONSULTANT shall review and comment to CITY on those developmental plans 40 submitted to CITY which CITY determines will require either more engineering expertise or more time than available to CITY's own engineering staff. C. OTHER SERVICES. Upon determination by CITY that it is in need of engineering services of one of the types listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering Design, including preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, and provide a written recommendation for contract awards. 4. Surveys, property plats and descriptions. S. Assistance with CADD. 6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits Tamarac. Agr/3496 2 and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Engineering Services CITY wishes CONSULTANT to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title, if applicable, dated, approved by City Commission, if required, and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or signature by authorized representatives to CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that authorization. II. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instruction to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any such fees, without regard to the types of fees applicable to the project involved. III. FEES AND PAYMENTS A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is. Tamarac. Agr/3496 1. Act al Direct Salary Cost Plus a Percent of Actual Dj= Salary Costs Plus Reimbursement for _NQn-salga Costs. Salary Costs are defined to be actual direct hourly wages paid to CONSULTANT'S employees, computed by taking the annual salary and dividing by 2,080 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT'S office staff employees shall be 200 percent of actual hourly wages directly chargeable to any authorized assignment. CONSULTANT'S non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by CONSULTANT. Non -salary costs shall include, but not be limited to necessary transportation costs, including mileage at CITY'S current rate per mile when CONSULTANT'S own automobiles are used outside Broward County, meals and lodging outside Broward County, laboratory tests and analyses, computer services, use of computers for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, an additional ten percent (10%) of the cost of these services shall be added for CONSULTANT'S administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (7%). 2. Under certain conditions, CITY may accept: A. Fixgd Lump SumFees, provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Cost Plus a ,Fixed Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. METHOD OF PAYMENT. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than the forty fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second and fourth Wednesday of each month. However, each year the Commission is in recess during the month of August. Therefore, if, the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, Tamarac. Agr/3496 4 inclusive, then it is agreed that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Works Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by CITY. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT, except for oral authorizations regarding Job Number T-10, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. BOOKS -OF ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANT's offices located at 3881 South Nova Road, Port Orange, Florida 32127. Official Books and Accounts of CONSULTANT are kept and maintained at said office. B. INSURANCE. Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance will be noncancellable, except upon ten (10) days' prior written notice to CITY. Individual Qccurrence Agaregate General Liability Bodily Injury, Including Death and Property Damage $1,000,000 $1,000,000 Automobile Liability Bodily Injury, Including Death and . Property Damage $1,000,000 $1,000,000 Tamarac. Agr/3496 5 • • Excess Liability (umbrella) Professional Liability $1,000,000 $1,000,000 $1,000,000 All premiums shall be at the expense of CONSULTANT. C. W—ORKERSLCOMPENSATIQN. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this Agreement. D. UPTI • POSTPONEMENT: ABANDONMENT. In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. DISPMS_AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable in a court of competent jurisdiction in the venue of Broward County, except as provided herein. CITY shall notify CONSULTANT in writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with the rules of the American Association then obtaining, should both parties consent to participate in arbitration. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims against CITY arising out of or by reason of the work done and materials furnished under this Agreement. G. RBG—HTS IN DATA: OPYRIGHT DIS-CLOSURE. a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. b. Rights in Data. All data developed pursuant to this Agreement shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statues, including making it available to the general public. Such use shall be without any additional payment to or Tamarac. Agr/3496 6 approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefore. CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. COMPLIANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I. ANTI -DISCRIMINATION. CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harassment. J. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder with the prior written consent of CITY. L. CONSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining- prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. Tamarac.Agr/3496 7 M. SITE VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his/her responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. N. ONSITEM ITORING. CONSULTANT's resident project representatives will make reasonable efforts to guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing all construction work in accordance with the Contract Documents. O. TIME QF PERFORMANCE. CONSULTANT shall commence performance on each specific authorization upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the authorization. P. OBLIGATIONS OF CITY T-CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. MQNPTORING. CONSULTANT's work shall be subject to the inspection and direction of CITY which shall conduct periodic reviews with CONSULTANT. Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY; however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed unsatisfactory and failure to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for any increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project, less any betterment to CITY. R. EXTRA -SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT ma18 y be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because Tatmme.Agr/3496 of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. S. CONSULTANT's REPRESENTATIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WRITTEN TIFICATIO . Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified 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 shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice to wit: For CITY: Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT: Richard W. Fernandez, P.E. President Quentin L. Hampton Associates, Inc. 3881 South Nova Road Port Orange, Florida 32127 U. TERMINATIQN OF AGREEMEXT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANT's right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT's responsibilities and duties pursuant to this Agreement. Tamarac. Agr/3496 9 In no case shall CITY be liable for damages to CONSULTANT as a result of CITY's termination of this Agreement, in an amount in excess of actual costs incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NOW-EXCILISIVE AGREEMENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the Consultant's "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY and any other engineering firms. W. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac and/or its officers, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) arising out of or in connection with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement. X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT, or on CONSULTANT's behalf are accurate, capable of being implemented and may be relied upon by any Contractor retained by CITY. Y. ATTORNEYS' FEES. Should CITY successfully bring any manner of legal action against . CONSULTANT, or successfully defend against any suit brought by CONSULTANT, arising out of or in connection with this agreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. r� Z. MODIFICATIONS, It is further agreed that no modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement AA. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to a Motion / Resolution of the City Commission passed at a meeting held on M�] , 1996. Tamarac. Agr/3496 10 C� J • IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. QUENTIN L. HAMPTON ASSOCIATES, INC. CITY OF TAMARAC By: By: V Richard W. ernandez, itaifdent Mayor, Norman Abramowi ATTEST: By: z- Annamae Zimmerman, orate Secretary [SEAL] Tamarac.Agr/3496 11 By; � � S City Manager, Robert S. Noe, Jr. ATTEST: By: ti ._- City Clerk, Carol Evans as to Form: Attorney for the Ci Mitchell Kraft [SEAL] Tamarac QUENTIN L. HAMPTON ASSOCIATES, INC.. Consulting Engineers C� SCHEDULE OF HOURLY RATES RATES EFFECTIVE FEBRUARY 1, 1996 HOURLY RATES FOR PERSONNEL 1. Professionals Engineers (E), Land Surveyors (L), Planners (P), CPA (C) a. Grade 4 = 20.00/Hr. b. Grade 5 = 23.00/Hr. c. Grade 6 = 27.00/Hr. d. Grade 7 = 30.00/Hr. e. Grade 8 = 34.00/Hr. f. Grade 9 = 38.00/Hr. 2. Technicians Engineering (E), Computer (C), Land Surveying (L) a. Grade 3 — 13.00/Hr. b. Grade 4 = 15.00/Hr. c. Grade 5 = 17.00/Hr. 3. Drafters a. Grade 3 = 13.00/Hr. b. Grade 4 = 15.00/Hr. 4. Resident Project Representatives a. Grade 3 = 12.00/Hr. b. Grade 4 = 13.00/Hr. c. Grade 5 — 17.00/Hr. 6. Word Processing a. Operator - Grade 2 -= 10.00/Hr. This schedule is reviewed annually. Exhibit "A" �e �-6 -z- ;2-- �Inz 0 CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES Thi Agreement, made and entered into and effective this day of rl 1996 by and between: THE CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY" and LAKDAS/YOHALEM ENGINEERING, INC., hereinafter called "CONSULTANT" WHEREAS, C/TYrequires professional engineering services on a continuing basis to perform such specific services as C1TY may, from time to time, direct; and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statutes Section 287.055, Consultants Competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITYto be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: SCOPEOF-WORK. CITY hereby engages CONSULTANT an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standards of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including but not limited to services as Consulting Engineer with respect to architectural/ structural engineering services. Each specific task to be performed shall be identified and described- in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such services are as follows: -1- A. AUENDANCE AI MEETIHGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meeting related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and / or other organizations to discuss subjects not directly related to an already authorized task - such as a meeting at which CONSULTANTs specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANTs Job Number for that task hereby is established as 961302. However, CONSULTANT shall not attend any particular meeting unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 961302 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and / or submit reports concerning such meetings. All invoices for Job Number 961302 will identify the specific meetings. All invoices for Job Number 961302 will identify the specific meetings to which they apply. All fees for services on Job Number c&13Q2 will be compensated as defined in Section III.A. herein. B. Rr;VI W OF DEVELOPMENIAL PLANS. CONSULTANT shall review and comment to CITY on those developmental plans submitted to CITY which C/TYdetermines will require either more engineering expertise or more time than is available to CITY's own engineering staff. C. -0-THER SERVICES. Upon determination by CITYthat is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring, and complying with County, State, or Federal Grants and Permits. 3. Engineering Design, including preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, and provide a written recommendation for contract awards. 4. Surveys, property plats and descriptions. 5. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and / or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. -2- 0 6. Other Engineering Services C/TYwishes CONSULTANT to complete will be defined in a Task Order. Each Task Order shall be clearly defined in writing and attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title if applicable, dated, approved by City commission, if required and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each Task Order shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or authorization to proceed by the CONSULTANT for services defined by that Task Order. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and / or oral instructions to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized, and this Agreement shall constitute the required written designation B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of - way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any such fees, without regard to the types of fees applicable to the project involved. III. FEES AND PAYMENTS (see Exhibit A attached) A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: -3- 1. A i I a Percent of Agiol Direct §_4WiY Cots Plus Reimbursement f r - a Costs. Salary Costs are defined to be actual direct hourly wages paid to CONSULTANTs employees, computed by taking the annual salary and dividing by 2,080 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. CONSULTANTS non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by CONSULTANT. Non -salary costs shall include, but not be limited to necessary transportation costs, including mileage at CITY's current rate per mile when CONSULTANT's own automobiles are used outside Broward County, meals and lodging outside Broward County, laboratory tests and analysis, computer services, use of computers for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, an additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (T%). 2. Under certain conditions, CITY may accept: A. Fixed Lu Sum Fees, provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Q= Pluad Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. 9QETHO©, OF PAYMENT. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than forty-fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in the authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second -4- is and fourth Wednesdays of each month. However, each year the Commission is in recess during the month of August. therefore, if the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that the period of require payment for that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Services Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by CITY As a minimum requirement, each Task Order invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT, except for oral authorizations regarding Job Number 961302, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. BOOK QF ACQOQNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANTS offices located at 2211 Ne 54th Street, Fort Lauderdale, Florida 33308. Official Books and Accounts of CONSULTANT are kept and maintained at said office. B. INSURANCE. Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible and nonassessable insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance shall be noncancellable, except upon ten (10) days' prior written notice to CITY. -5- C� Public Liability Bodily Injury, Including Death Property Damage Automobile Liability Bodily Injury, Including Death Property Damage Professional Liability Individual Occurrence Aggregate $1,000,000 $3,000,000 100,000 300,000 1,000,000 3,000,000 100,000 300,000 $3,000,000 All premiums shall be at the expense of CONSULTANT. C. WORKERS' COMPEM15ATION. CONSULTANT hereby certifies that it has . accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this agreement. D. RR • P NEMENT: ABANDQtJMF.NT. In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be to its own best interests, CONSULTANT shall be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. E. DELAYS AUD-EXTENSIQNS. The time of completion may be adjusted only be written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. Dl&-QTES AM-1-NTERPEEZ6TION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable in a court of competent jurisdiction in the venue of Broward County except as provided herein. CITY shall notify CONSULTANT in writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with rules of the American Association then obtaining, should both parties consent to participate in arbitration. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims against CITY arising out of or by reason of the work done and materials furnished under this Agreement. G. RIGHIS IN TA: COPYRIGHTS: QIS_CLOSURE. a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. b. Rights in data. All data developed pursuant to this Agreement shall be the property of CITYand CITYshall have the full right to use such data for any official purpose permitted under Florida Statutes, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without specific adaptation by and consent of CONSULTANT. C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or any other country. CONSULTANT hereby relinquished any and all copyrights and / or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT to use such copyrights matter in the manner provided herein. H. CQMELANC� WI-_ TH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I.ANTI-DISCRIMIN6TION. CONSULTANT agrees that in the performance of this Agreement, that it will not discriminate or permit discrimination in its hiring practices or in the performance of this Agreement against any person on the basis of race, sex, religion, political affiliation, handicap or national origin. J. SUBCMRACII-Ng. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some Specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. -7- K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder without the prior written consent of CITY. L. CONSTRUCTIOU ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. M. SIJF. VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to insure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be construed as part of the inspection personnel defined in other parts of this Agreement. N. ONSIJE MONITORING. The resident observation personnel will make reasonable efforts to guard C/TYagainst defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing all construction work in accordance with the Contract Documents. O• TIME g-LEEREORMANQE. CONSULTANT shall commence performance on each specific Task Order upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the Task Order. P. OBLIGATIONS OF C1TYTQ CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. 0 Q. MONITORING. CONSULTANTs work shall be subject to the inspection and direction of CITYwhich shall conduct periodic reviews with CONSULTANT. Where CONSULTANTS wont is unsatisfactory to CITY, is shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY, however, it is incumbent upon CITYto notify CONSULTANT immediately of any work deemed unsatisfactory and failure to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for any increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project. R. EXTRA SF. VB ICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. S. CONSULTANT„'2REPRESENTATIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WEITTEN NQTIFICATIQN. Whenever either party desires to give notice to the other pursuant to this agreement, it must be given by written notice, hand delivered, or sent by certified United States mail, with return receipt requested, addressed to the party for whom it is in intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written 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: EX -CITY With C OI& to Robert S. Noe, Jr. Mitchell Kraft City Manager City Attorney City of Tamarac City of Tamarac 7525 Northwest 88th Avenue 7525 Northwest 88th Avenue Tamarac, FL 33321 Tamarac, FL 33321 For CONSULTANT Lakdas Nanayakkara, P.E. President Lakdas/Yohalem Engineering, Inc. 2211 NE 54th Street Fort Lauderdale, Florida 33308 IQ • U. T INAT F AGREEMENT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other parry. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANTs right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT'S responsibilities and duties pursuant to this Agreement. In no case shall CITY be liable for damages to CONSULTANT as a result of C/TY's termination of this Agreement, in an amount in excess of actual costs incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NQN-EXCLGREELAENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "Competitive Negotiation Act of Florida." Nothing in this agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY and any other engineering firms. W. INDEMNIFICATIQN. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify, hold harmless and defend the City of Tamarac and / or its officers, agents or employees acting within the scope of their employment, from any suit, claim, liability, loss or damage arising out of or in connection with CONSULTANTS failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement, including attorney fees. X. WARRMMES. CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT, or on CONSULTANTSs behalf are accurate, capable of being implemented and may be relied upon by any Contractor retained by CITY. Y. ATTOR EY FEE19. Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANTSs, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. ODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. -10- AA. ORI CTIO . This Agreement is entered into by CITY pursuant to arMotion / Resolution of the City Commission passed at a meeting held on 1996. IN WITNESS written. By: Attest: By: �.I �J EREOF, the parties have duly executed this Agreement the day and year first above President ELalkcla* Wanavakkara. P.E. By: M yor - Norman Abramowitz A ' . _'_ �1 j'`� By.. A4� � J City Manager - Robert S. Noe, Jr. ATTEST: By: --- City Clerk - Carol Evans Appro as to Form• ttomey forte Ctqo_tkTJmarac Mitchell Kraft -11- (SEAL) • • 0 EXHIBIT A - LAKDAS / YOHALEM ENGINEERING, INC. HOURLY LABOR COST EMPLOYEE CATEGORY Principal Engineer Project Engineer Engineer Drafter/Technician Technical Typist/Secretary NOTES: ESTIMATED AVERAGE R4W SALARY $28.33 25.00 21.67 16.67 10.00 1. Raw salary is the rate paid to the employee. Fringe benefits, overhead and margin is not included in this rate. 2. Rates as of January 1, 1996, effective to January 1, 1997. Z. i6- 62. CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES This Agreement, made and entered into and effective this day of _, 1996 by and between: THE CITY OF TAMARAC, a municipal corporation, created pursuant to the laws of the State of Florida, hereinafter called "CITY" and CARR SMITH ASSOCIATES, hereinafter called "CONSULTANT" WITNESSETH: WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, direct; and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and . WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statutes Section 287.055, Consultants competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITY to be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: SCOM_OF WORK. City hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standards of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including but not limited to services as Consulting Engineer with respect to roadway and traffic engineering services. Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such services as follows: A. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not directly related to an already authorized task -- such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT will act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as 1457. However, CONSULTANT shall not attend any particular meeting unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 1457 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number 1457 will identify the specific meetings to which they apply. All fees for services on Job Number 1457 will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENTAL PLANS. CONSULTANT shall review and comment to CITY on those developmental plans submitted to CITY which CITY determines will require either more engineering expertise or more time than is available to CITY's own engineering staff. C. OTHER SERVICES. Upon determination by CITY that it is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring, and complying with County, State, or Federal Grants and Permits. 2 3. Engineering Design, including preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, and provide a written recommendation for contract awards. 4. Surveys, property plats, and descriptions. 5. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 6. Other Engineering Services CITY wishes CONSULTANT to complete will be defined in a Task Order. Each Task Order shall be clearly defined in writing and attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title if applicable, dated, approved by City Commission if required, and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each Task Order shall include a description of the scope of services, time of completion, and method of compensation for services. Approval by City Commission and/or signature by authorized representatives of CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that Task Order. II. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instructions to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized, and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on'a,continuing basis copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. 3 C. CITYshall pay for all costs of publishing advertisements for bids and for obtaining 18 permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any fees, without regard to the types of fees applicable to the project involved. E III. FEES AND PAYMENTS (see Exhibit A attached) A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: 1. Actual Direct SalSalau Cost Plus a. PcrceActual Direct Sal Costs Plus Reimbursement for - . Salary costs are defined to be actual direct hourly wages paid to CONSULTANT's employees, computed by taking the annual salary and dividing by 2,340 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT's office staff employees shall be 200 percent of actual hourly wages directly chargeable to any authorized assignment. CONSULTANT's non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the CONSULTANT. Non -salary costs shall include, but not limited to necessary transportation costs, include mileage at CITY's current rate per mile when CONSULTANT's own automobiles are used outside Broward County, laboratory tests, and analyses, computer services, use of computers for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, an additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services less than $10,000.00 When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (7%). 4 2. Under certain conditions, CITY may accept: a. Famed Lump Sum „Fees. provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. b. Cgat_ylus a Fixed Fee. provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. DMETHOD YMENT. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than the forty-fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in the authorization for a specific task. It is understood than an invoice cannot be paid until it has been approved by City Commission, which normally holds scheduled meetings on the second and fourth Wednesdays of each month. However, each year the Commission is in recess during the month of August. Therefore, if the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that the period of required payment for that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANTshall submit monthly invoices to CITY through the Public Works Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by the CITY. As a minimum requirement, each Task Order invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT, except for oral authorizations regarding Job Number 1457, as noted herein before. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. BOOKS QF ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. 5 r� Said records will be made available for examination by CITY at CONSULTANT's offices located at 3313 West Commercial Boulevard, Suite 110, Ft. Lauderdale, Florida 33309. Official Books and Accounts of CONSULTANT are usually kept and maintained at the CONSULTANT's Miami office located at 4055 NW 97 Avenue, Miami, Florida 33178. B. INEIRANCE. Prior to beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible and nonassessable insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance shall be noncancellable, except upon ten (10) days' prior written notice to CITY. Individual Occurrence Aggregate Public Liability Bodily Injury, Including Death $1,000,000 $2,000,000 Property Damage 100,000 300,000 Automobile Liability Bodily Injury Including Death 1,000,000 1,000,000 Property Damage Professional Liability $2,000,000 C. WORKERS' COMPENSAT1QN. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this agreement. D. INTEMPTIO-N-POSTPONEMENT; ABANDONMENT. In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be to its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. R E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. DISPUTES AND--UITERPRETATION. In the event of any disputes as to interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable in a court of competent jurisdiction in the venue of Broward County except as provided herein. CITY shall notify CONSULTANT in, writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining, should both parties consent to participate in arbitration. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims against CITY arising out of or by reason of the work done and materials furnished under this Agreement. G. RIGHTS IN DATA:COPYRIGHTS; 1. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical, or mechanical representation. 2. Rights in data. All data developed pursuant to this Agreement shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statutes, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered without the express written permission of CONSULTANT. CITY shall indemnify and hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. 3. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or any other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or 7 prepared under this Agreement without any additional payment to CONSULTANT therefore, CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. _QQMPLIANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I. ANTIDISCRIMINATION. CONSULTANT agrees that in the performance of this Agreement, that it will not discriminate or permit discrimination in its hiring practices or in the performance of this Agreement against any person on the basis of race, sex, religion, political affiliation, handicap or national origin. J. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. AS-SI-GNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder without the prior written consent of CITY. L. QQNSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgment in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. M. -SiTE _VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to insure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be 8 construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. N. ON-SUELMONITORING. The resident observation personnel will make reasonable efforts to guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing all construction work in accordance with the Contract Documents. O. TIME OF PERFORMANCE. CONSULTANT shall commence performance on each specific Task Order upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the Task Order. P. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration . of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. MONITORING. CONSULTANT's work shall be subject to the inspection and direction of the CITY which shall conduct periodic reviews with CONSULTANT. Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY; however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed unsatisfactory and failure to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for an increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project. R EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT. CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY 9 C� 1� C7 shall pay only the costs of services rendered up to the time of such interruption, postponement, or abandonment. S. CONSULTANT'S REPRESENTATIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified 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 shall remain such until it shall have been changed by written 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: For CITY Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT Robert J. Behar, P.E. Principal Carr Smith Associates 3313 West Commercial Boulevard Suite 110 Ft. Lauderdale, Florida 33309 With Copy to Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 U. TERMINATION NT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANT's right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT's responsibilities and duties pursuant to this Agreement. In no case shall CITY be liable for damages to CONSULTANT as a result of CITY's termination of this Agreement, in an amount in excess of actual costs 10 rI incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NON-EXCLIJSIVE AGREEMENT, CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "Consultants Competitive Negotiation Act". Nothing in this agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY. W. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify, hold harmless and defend the City of Tamarac and/or its officers, agents, or employees acting within the scope of their employment, from any suit, claim, liability, loss or damage arising out of or in connection with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement, including attorney fees. X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT , or on CONSULTANT's behalf are accurate, capable of being implemented and may be relied upon by any Contractor retained by CITY. Y. ATTORNEYS FEES. Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANT's, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. AA. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to a Motion/Resolution of the City Commission passed at a meeting held on _ olT_, 1996. 11 By: Atte: By: rI -I L -j IN WITNESS "EREOF, the parties have duly executed this Agreement the day and year first above written. Presi ht - Brian J. Mirson —� 12 By: &awj*#- *ayor -- Rt &Am rL C-7 0 OA - s. By: n � City Manager — Row eA S, d Ei JR. . ATTEST: By: City Clerk CR0-0L 4. EJRAJS to Form: Attorney for theVity of Tamarac (AT-TG{F,LL.f. M{f RF r R L� �L G E L A880CIATFS,INC. Engineers • Planners Land Surveyors Environmental Professionals 1800 N.Douglas Road, Suite 200, Pembroke Pines, Florida 33024 (954) 436-7000 Fax: (954) 436-8664 CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES This Agreement, made and entered into and effective this day of Aorl, 1996 by and between: CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and MILLER, LEGG AND ASSOCIATES, INC., hereinafter called "CONSULTANT" MLA PROJECT NO. 6903-01 WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, direct; and •WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and • WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITY to be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: I. SCOPE OF WORK. CITY hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standard of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary" by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including but not limited to services as Consulting Engineer with respect to surveying/civil engineering services. 0 Tamarac.Agr/3596 1 Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such services are as follows: A. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not directly related to an already task - such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as 6903-01-30. However, CONSULTANT shall not attend any particular meetings unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 6903-01-30 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number 6903-01-30 will identify the specific meetings to which they apply. All fees for services on Job Number 6903-01-30 will be compensated as defined in Section III.A. herein. B. REVIEW.QF DEVELOPMENT PLANS. CONSULTANT shall review and comment to CITY on those developmental plans submitted to CITY which CITY determines will require either more engineering expertise or more time than available to CITY's own engineering staff. C. OTHER_ SERVICES. Upon determination by CITY that is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering Design, including 'preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, isand provide a written recommendation for contract awards. Tamarac. Agr/3596 2 0 4. Surveys, property plats and descriptions. • 5. Assistance with CARD and GIS applications. 6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Engineering Services CITY wishes CONSULTANT to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title if applicable, dated, approved by City Commission if required, and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and signature by authorized representatives to CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that authorization. II. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instruction to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. Tamarac. Agr/3596 3 r� r� u in. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any such fees, without regard to the types of fees applicable to the project involved. FEES AND PAYMENTS A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: 1. Actual Direct—SalaU Cost Plus a Percent of Actual Direct Salary Costs Plus &jmbursemel 1, for Non -Salary Costs, Salary Costs are defined to be actual direct hourly wages paid to CONSULTANT's employees, computed by taking the annual salary and dividing by 2,080 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT's office staff employees shall be 200 percent of actual hourly wages directly chargeable to any authorized assignment. CONSULTANT's non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by CONSULTANT. Non -salary costs shall include, but not be limited to necessary transportation costs, including mileage at CITY's current rate per mile when CONSULTANT's own automobiles are used outside Broward County, meals and lodging outside Broward County, laboratory tests and analyses, computer services, use of computers for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, and additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced by seven percent (7%). Tamarac. Agr/3596 4 • 2. Under certain conditions, CITY may accept: A.provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Cost Plus A Fixed Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. METHOD OF PAYYMENI. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than the forty fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second and fourth Wednesday of each month. However, each year the Commission is in recess during the month of August. Therefore, if, the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Works Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by CITY. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. I►i�IMMIca@]MM311109)411 AGM011 It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT, except for oral authorizations regarding Job Number 6903-01-30, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. Tamarac. Agr/3596 5 V. MISCELLANEOUS PROVISIONS . A. BOQK.S OE ACCOJINI. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANT's offices located at 1800 N. Douglas Road, Suite 200, Pembroke Pines, Florida 33024. Official Books and Accounts of CONSULTANT are kept and maintained at said office. B. INSURANCE. Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance will be noncancellable, except upon ten (10) days prior written notice to CITY. Individual Occurrence Ag2regyate Public Liability Bodily Injury, Including Death and Property Damage $2,000,000 $4,000,000 Automobile Liability Bodily Injury, Including Death and Property Damage $1,000,000 $1,000,000 Professional Liability $1,000,000 All premiums shall be at the expense of CONSULTANT. C. WORKERS' COMPENSATIQN. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this Agreement. D. INTERRUPTION; POST,I!QN,EME, T: ABANDQNMENT. In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. Tamarac. Agr/3596 6 E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. DISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable in a court of competent jurisdiction in the venue of Broward County, except as provided herein. CITY shall notify CONSULTANT in writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with the rules of the American Association then obtaining, should both parties consent to participate in arbitration. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims against CITY arising out of or by reason of the work done and materials furnished under this Agreement. . 0 r; ; •�_1 1 �. .. 630114 "A a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. sb. Rights in Data. All data developed pursuant to this Agreement shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statues, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. • C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefore. Tamarac. Agr/3596 7 CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. COMPL IANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I. ANTI -DISCRIMINATION. CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harassment. J. SUBCONTR, CA TING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder with the prior written consent of CITY. • L. CONSTRUCII.ON ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. • M. SITE VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his/her responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. Tamarac. Agr/3596 8 • N. ONSITE MONITORING. CONSULTANT's resident project representatives will make reasonable efforts to guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing all construction work in accordance with the Contract Documents. O. TIME_QF PERFORMANCE. CONSULTANT shall commence performance on each specific authorization upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the authorization. P. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. MONITORING. CONSULTANT's work shall be subject to the inspection and direction of CITY which shall conduct periodic reviews with CONSULTANT. Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY; however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed unsatisfactory and failure to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for any increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project, less any betterment to CITY. R. EXTRA SERYICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. Tamarac. Agr/3596 9 • S. -CONSULTANT's REPRE5.Ft1Y. AT TIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified 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 shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice to wit: For CITY: Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT: Robert H. Miller, P.E. President Miller, Legg & Associates, Inc. 1800 N. Douglas Road, Suite 200 Pembroke Pines Florida 33024 U. TERMINATION ,QF AGREEMENT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other parry. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANT's right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT's responsibilities and duties pursuant to this Agreement. Tamarac. Agr/3596 10 In no case shall CITY be liable for damages to CONSULTANT as a result of CITY's termination of this Agreement, in an amount in excess of actual costs incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NON-EXCLUSIVE AGREFM,MENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY and any other engineering firms. W. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac and/or its officers, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) arising out of or in connection with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement. X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT, or on CONSULTANT's behalf are accurate, capable of being implemented and may be relied upon by any Contractor retained by CITY. Y. ATTORNEYS.._. FEES. Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANT, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. MODIFICATION CLAUSE. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. AA. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to Motio Resolution of the City Commission passed at a meeting held on 1996. Tamarac. Agr/3596 11 • IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. MILLER, LEGG & ASSOCIATES, INC. CITY OF TAMARAC c f By: By: D ri jL &U -� Robert . Miller, P.E., President torman Abramowitz, Mayor r:11111l91�w By: �r Kevin M. Hart, Corporate Secretary [SEAL] tamarac.96a Tamarac. Agr/3596 Robert S. Noe, Jr., City ManagerT By:.'t Carol Evans, City Clerk Approved as to Form: jBy:- Mitchell Kraft Attorney for the City of Tamarac [SEAL] fl►) • C� J EXHIBIT "A" MILLER, LEGG & ASSOCIATES, INC. 1996 HOURLY RATE SCHEDULE TITLE HOURLY RATE Senior Principal $150 Principal $135 Director of Planning $110 Senior Project Manager $110 Project Manager $ 90 Professional Land Surveyor $ 90 Landscape Architect $ 90 Project Engineer/Surveyor $ 75 Biologist $ 75 Director of Field Services $ 70 Senior CAD Technician (w/computer) $ 65 Planning/Surveying Technician $ 65 Field Representative $ 55 CAD Technician (w/computer) $ 50 Engineering/Environmental Assistant $ 50 Drafter $ 40 Administrative $ 40 Survey Parties (Time on site) 2 person crew $ 90 3 person crew $120 4 person crew $145 NOTE: These rates are subject to change after January 1, 1997 • 1-0 EXHIBIT "B" SCHEDULE OF REMMURSABLE EXPENSES AND OTHER CHARGES EFFECTIVE JANUARY 1, 19% OTHER CHARGES 1. Expert Witness Services a. "On -Call" Time at Courtroom and Testimony — $200.00/Hr. (Min. Chg. 4 Hrs/Day) 2. Transportation and Travel a. Transportation Fares, Lodging and Subsistence b. Automobile Mileage 3. Reproductions a. Blueline (In -House) b. Sepia Prints c. Mylar Reproducibles d. Vacuum Printer e. Xerox (Standard) Copies f. Xerox (2080 Copier) Prints - Bond or Vellum g. Reproducibles (Outside Service) 4. Recording and Permits Fees 5. Services of Outside Consultants (Electrical/Mechanical Engineering, Environmental Consultants Engineering Testing Laboratories, Photogrammetry, Title and Abstracting Services and Other Outside Consulting Services) 6. Special Field Supplies 7. Electronic Survey Equipment a. Modular Survey System (Total Station) 8, Computer Aided Design/Drafting (CADD) a. Computer Design Systems b. Computer Drafting Systems C. Geographic Information System (GIS) 9. Delivery and Courier Services Cost Plus 10 % _ $.30 Per Mile _ $ 0.20/Sq. Ft. $ 0.50 Sq. Ft. $2.00/Sq. Ft. _ $2.00/Sq. Ft. $0.10/Sheet/Side $1.50/Sq. Ft.* Cost Plus 10 % Cost Plus 10 % = Cost Plus 10% (for services under $10,000) = Cost Plus 7 % (for services over $10,000) At Cost _ $10.00/Hr. _ $10.00/Hr. ** — $20.00/Hr. ** _ $25.00/Hr. ** Cost Plus 10 % 10. Telecommunication Services = $1.50/Direct Hour 11. Document Processing Services — $2.00/Direct Hour * Based on 2 foot width times length of stock used. ** Per hour of actual computer use. Charge includes in-house software library necessary for system operation but does not include operator. NOTE: These rates are subject to change after January 1, 1997. ,e-,, 6 - 4 ,p, CITY OF TAMARAC -- CITY CONSULTING ENGINEERING SERVICES !This Agreement, made and entered into and effective this &ayo, 1996 by and between: CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and PROFESSIONAL, SERVICE INDUSTRIES, INC. hereinafter called "CONSULTANT" WITNESSETH: WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, direct; and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statues Section 287.055, Consultants Competitive 0 Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITY to be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: I. SCOPE OF WORK. CITY hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standard of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including services as a Geotechnical/Testing Engineer. Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. CONSULTANT shall issue a proposal to city in response to each work authorization, which proposal shall form a part of this agreement as if fully setforth herein. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such . services are as follows: Tamarac.Agr/22996 1 A. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not directly related to an already task - such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as 222-65013. However, CONSULTANT shall not attend any particular meetings unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 222-65013 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number 222-65013 will identify the specific meetings to which they apply. All fees for services on Job Number 222- 65013 will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. CONSULTANT shall review and comment to CITY on those developmental plans submitted to CITY which CITY determines will require either more engineering expertise or more time than available to CITY's own engineering staff. C. OTHER SERVICES. Upon determination by CITY that is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering services related to geotechnical services, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, percolation tests, soil borings, laboratory tests, foundation and pavement design recommendations, final inspection, site visits and/or periodic or full time inspections, issuing completion certificate, and such other services as may be identified in the task authorization. 4. Other Engineering Services CITY wishes CONSULTANT to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title, if applicable, dated, approved by City Commission, if required, and signed by CITY's and Tamarac.Agr/22996 2 CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or signature by authorized representatives of CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that authorization. II. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instruction to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any such fees, without regard to the types of fees applicable to the project involved. III. FEES AND PAYMENTS (see Exhibit A attached) A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: 1. Actual Direct Sa-IM Cost Plus a Percent of Actual Direct Salm Costs Plus Reimbursement for Non-salga Costs. Salary Costs are defined to be actual direct hourly wages paid to CONSULTANT's employees, computed by taking the annual salary and dividing by 2,080 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT's office staff employees shall be 200 percent of actual hourly wages directly chargeable to any authorized assignment. Tamarac.Agr/22996 3 CONSULTANT's non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges items provided by CONSULTANT. Non -salary costs shall include, but not be limited to necessary transportation costs, including mileage at CITY's current rate per mile when CONSULTANT's own automobiles are used outside Broward County, laboratory tests and analyses, computer services, use of computers for CARD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, an additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (7%). 2. Under certain conditions, CITY may accept: A. Fixed Lump Sum Fees provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Cost Plus A Fixed Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. METHOD OF PAYMENT. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than the forty fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second and fourth Wednesday of each month. Nowever, each year the Commission is in recess during the month of August. Therefore, if, the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Works Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by CITY. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. Tamarac.Agr/22996 4 IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT and accepted by Consultant, except for oral authorizations regarding Job Number 222-65013, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. BOOKS OF ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANT's offices located at 3349 NW 55th Street, Fort Lauderdale, Florida 33309. Official Books and Accounts of CONSULTANT are kept and maintained at the consultant's corporate office in Lombard, Illinois. B. INSURANCE. Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance will be noncancellable, except upon ten (10) days' prior written notice to CITY. . Individual Occurrence A rgg^esate Public Liability Bodily Injury, Including Death and Property Damage $2,000,000 $4,000,000 Automobile Liability Bodily Injury, Including Death and Property Damage $1,000,000 $1,000,000 Professional Liability $1,000,000 All premiums shall be at the expense of CONSULTANT. C. WORKERS' COMPENSATION. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said. Acts, as evidenced by the certificate of insurance which is attached to this Agreement. D. INTERRUPTION: POSTPONEMENT: ABANDONMENT. In the event the work herein 0 contemplated, or any part thereof, shall be abandoned due to circumstances which CITY Tamarac.Agr/22996 5 considers to be its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. DISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement. CITY shall notify CONSULTANT in writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with the rules of the American Association then obtaining, should both parties consent to participate in arbitration or in a court of competent jurisdiction. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims to payment for services rendered against CITY arising out of or by reason of the work done and materials furnished under this Agreement. G. RIGHTS IN DATA: COPYRIGHTS, DISCLOSURE. a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. b. Rights in Data. All data developed pursuant to this Agreement' shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statues, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefore. Tamarac.Agr/22996 6 CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. COMPLIANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I. ANTI -DISCRIMINATION. CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harassment. J. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder with the prior written consent of CITY. L. CONSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and . designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. M. SITE VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his/her responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. N. ONSITE MONITORING. CONSULTANT's resident project representatives will make reasonable efforts to guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the Tamarac.Agr/22996 7 techniques and sequences of construction and the safety precautions incidental thereto, . and for performing all construction work in accordance with the Contract Documents. O. TIME OF PERFORMANCE. CONSULTANT shall commence performance on each specific authorization upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the authorization. P. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. MONITORING. CONSULTANT's work shall be subject to the inspection and direction of CITY which shall conduct periodic reviews with CONSULTANT. Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY; however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed unsatisfactory and failure to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for any increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project, less any betterment to CITY. R. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. S. CONSULTANT's REPRESENTATIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified 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 shall Tamarac.Agr/22996 8 remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice to wit: For CITY: Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT: R.N. Sailappan, P.E. & Kenneth D. Houseman, P.E. 3349 NW 55th Street Ft. Lauderdale, Florida 33309 U. TERMINATION OF AGREEMENT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANT's right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT's responsibilities and duties pursuant to this Agreement. In no case shall CITY be liable for damages to CONSULTANT as a result of CITY's termination of this Agreement, in an amount in excess of actual costs incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NON-EXCLUSIVE AGREEMENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY and any other engineering firms. W. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac and/or its officers, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) arising out of or in Tamarac.Agr/22996 9 connection with CONSULTANT's negligent performance of CONSULTANT's duties and responsibilities pursuant to this Agreement. X. WARRANTY. PSI's Services will be performed, its findings obtained and its reports prepared in accordance with this agreement and with generally accepted principles and practices. In performing its professional services, PSI will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in PSI reports are opinions based upon engineering judgement and are not to be construed as representations of fact. Should PSI or any of its professional employees be found to have been negligent in the performance of its work, or to have made and breached any express or implied warranty, representation or contract, client, all parties claiming through client and all parties claiming to have in any way relied upon PSI's work agree that the maximum aggregate amount of the liability of PSI, it's officers, employees and agents shall be limited to $25,000.00 or the total amount of the fee paid to PSI for its work performed with respect to the project, whichever amount is greater. In the event client is unwilling or unable to limit PSI's liability in accordance with the provisions set forth in this paragraph, client may, upon written request of client received within five days of client's acceptance hereof, increase the limit of PSI's liability of $250,000.00 or the amount of PSI's fee, whichever is the greater, by agreeing to pay PSI a sum equivalent to an additional amount of 5% of the total fee to be charged for PSI's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. Y. ATTORNEYS' FEES. Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANT, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modifications or amendment shall be attached to, and shall thereupon become a part of this Agreement. AA. AUTHORIZING ACTION. This Agreement is entered into by CITY pprsuant to a Motion/Resolution of the City Commission passed at a meeting held on ,, 1996. IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. Tamarac.Agr/22996 10 L By: Robert K. Pfist 0 Vice -Presiders ATTEST: 2 • [SEAL] By: Norman Abramowitz Mayor By. Robert S. Noe, Jr. City Manager ATTEST: By.-A'�C!,�- Fes. Carol Evans City Clerk Approved as to Form: ( Y: �r. / - - ' • V""Ifi -. Attorney for the City of Tamarac [SEAL] Tamarac.Agr/3196 11 STANDARD FEE SCHEDULE EXHIBIT "A" GEOTECHNICAL SERVICES 1/2 C • r� UNIT COST =1.OTECHNICAL FTELD INVESTIGATION A. Mobilization 1. Mudbug Equipment (0.50 Mile Radius) $ 350.00/ea 2. Truck Mounted Rig (0-50 Mile Radius) $ 250.00/ea 3. Barge $ 4,000.00/ea 4. Crane $ 1,000.00/day 5. Pick-up Truck Days (0-50 Miles Radius) $ 100.00/day 6. Per Diem (2-man crew) $ 100.00/day 7. Allowance (hole to hole moves) $ 100.00/hr B. SPT Borings 1. 0 to 50 ft. Depth $ 10.00/ft 2. 50 to 100 ft. Depth $ 12.00/ft 3. 100 to 150 ft. Depth $ 14.00/ft C. Rock Coring-NX Barrel (Note: Surcharge on SPT drilling rate) 1. 0 to 50 ft. Depth $ 20.00/ft 2. 50 to 100 ft. Depth $ 25.00/ft 3. 100 to 150 ft. Depth $ 35.00/ft D. Grout -Seal Boreholes 1. 0 to 50 ft. Depth $ 3.00/ft 2. 50 to 100 ft. Depth $ 4.00/ft 3. 100 to 150 ft. Depth $ 5.00/ft E. Casing Allowance 1. 0 to 50 ft. Depth $ 4.00/ft 2. 50 to 100 ft. Depth $ 6.00/ft 3. 100 to 150 ft. Depth $ 8.00/ft F. Wash Borings 1. 0 to 50 ft. Depth $ 8.00/ft 2. 50 to 100 ft. Depth S 10.00/ft G. Clearing/Difficult Access $ 1,000.00/day H. Field Permeability Test $ 300.00/ea I. Hand Probing (2-man crew) $ 600.00/day J. Thin -Walled Tube Samples $ 125.00/ea K. Site Recon/Log Borings Senior Engineering Technician $ 40.00/hr NOTE: For items B trough F, a factor of 1.5 should be applied to drilling drilling, from the deck of a barge. rates for on -the -water 2/2 • UNIT COST L. Extra Split Spoon Samples $ 25.00/ea M. Double Ring Infiltrometer 400.00/ea N. Auger Borings $ 7.00/ft O. Dilatometer Testing $ 2.000.00/day P. Piezometer Installation 0 to 50 ft. Depth $ 25.00/ft Q. Vane Shear Tests $ 100.00/ea R. Flagmen and Barricades $ 550.00/day S. Pavement Cores $ 200.00/ea H. GEOTECII ICAL LABORATORY TESTING A. Visual Examination/Stratify $ 55.00/hr B. Natural Moisture Content $ 10.00/ea C. Grain -Size Analysis 1. Full Gradation $ 50.00/ea 2. Single Sieve $ 30.00/ea D. Hydrometer $ 75.00/ea E. Organic Content Test $ 50.00/ea F. Atterberg Limits S 75.00/ea G. Unit Weight Determination $ 30.00/ea H. Consolidation Test $ 350.00/ea I. Permeability Test $ 200.00/ea J. Corrosion Tst (ph, sulphate, resistivity, chlorides) $ 125.00/ea K. Triaxial Shear Testing (single point) $ 250.00/ea L. Unconfined Compressive Test $ 75.00/ea M. Specific Gravity Test $ 50.00/ea N. Limerock Bearing Ratio $ 200.00/ea M. GEOTECE NICAL ENGINEERING AND TECHPTICAL SERVICES A. Principal Engineering/Project Manager $ 95.00/hr B. Senior Project Engineer $ 85.00/hr C. Project Engineer $ 70.00/hr D. Staff Engineer/Geologist $ 55.00/hr E. Engineering Assistant/Senior Soils Technician $ 40.00/hr F. Technical Illustrator/CADD Operator S 35.00/hr G. Secretary and Word Processor $ 30.00/hr INSURED PROFESSIONAL SERVICE INDUSTRIES INC CORPORATE OFFICE 510 EAST 22ND STREET LOMBARD ILLINOIS 60148 6i (IuluUoo/YY� 3/1/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A RELIANCE INSURANCE COMPANY OF ILLINOIS COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LR DATE (MM/OO/YY) DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F1OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GENERAL AGGREGATE $ PRODUCTS . COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Anv one oereon) $ COMBINED SINGLE LIMIT 1 S BODILY INJURY I $ (Per person) BODILY INJURY I S (Per accident) PROPERTY DAMAGE 1 $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE $ $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE $ A OTHER NTF163449601 12/15/96 12/31/96 DEFENSE INCLUDED IN LIMIT ENVIRONMENTAL INCLUDE CLAIMS EXPENSE CONSULTANT $1,000,000 PER CLAIM PROFESSIONAL LIAR $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS) #113 PROFESSIONAL ENGINEERING SERVICES PSI FORT LAUDERDALE 1#222-650131 OBERT S. NOE, JR. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MANAGER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF TAMARAC 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 7525 N.W. 88th AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY TAMARAC, FLORIDA 33321 ;; OF ANY KIND UPON THE COMPANY, ITS' AGENTS OR: REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MARTIN J SAMCHALK -&6- CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES This Agreement, made and entered into and effective this 19 day of i , 1994by and between: CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and CARNAHAN-PROCTOR AND ASSOCIATES, INC. hereinafter called "CONSULTANT" WITNESSETH: WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, direct; and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and conditions; and WHEREAS, CITY in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms deternnined by CITY to be most qualified to perform said continuing type Engineering services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: I. SCOPE OF WORK. CITY hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standard of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects. Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by CONSULTANT. The specific services which CONSULTANT agrees to furnish and the terms and conditions for such services are as follows: Tamarac.Agr/31296 A. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not directly related to an already task - such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representative of CITY. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as 960305. However, CONSULTANT shall not attend any particular meetings unless CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 960305 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number 960305 will identify the specific meetings to which they apply. All fees for services on Job Number 960305 will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. CONSULTANT shall review and comment to CITY on those developmental plans submitted to CITY which CITY determines will require • either more engineering expertise or more time than available to CITY's own engineering staff. C. OTHER SERVICES. Upon determination by CITY that is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies. 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering Design, including preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, and provide a written recommendation for contract awards. 4. Surveys, property plats and descriptions. 5. Assistance with CADD and GIS applications. Tamarac.Agr/31296 2 6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Engineering Services CITY wishes CONSULTANT to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence, and correlated to CITY's Capital Improvement Project Number and title, if applicable, dated, approved by City Commission, if required and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by CITY and/or signature by authorized representatives to CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that authorization. II. CITY FURNISHED ITEMS 0 A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instruction to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instances, CITY subsequently shall reimburse CONSULTANT for any such fees, without regard to the types of fees applicable to the project involved. Tamarac2.Agr/31296 3 III. FEES AND PAYMENTS (see Exhibit A attached) A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: 1. Actual Direct Salary Cost Plus a Percent of Actual Direct Salary Costs Plus Reimbursement for Non-salM Costs. Salary Costs are defined to be actual direct hourly wages paid to CONSULTANT's employees, computed by taking the annual salary and dividing by 2,080 hours per year. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT's office staff employees shall be 200 percent of actual hourly wages directly chargeable to any authorized assignment. CONSULTANT's non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non - salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by CONSULTANT. Non -salary costs shall include, but not be limited to necessary transportation costs, including mileage at CITY's current rate per mile when CONSULTANT's own automobiles are used outside Broward County, meals and lodging outside Broward County, laboratory tests and analyses, computer services, use of computers for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, an additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (7%). 2. Under certain conditions, CITY may accept: A. Fixed Lug!Sum Fees, provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Cost Plus A Fixed Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. METHOD OF PAYMENT. Payment as prescribed for services rendered by CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no later than the forty fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is established in authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second and fourth Tamarac.Agr/31296 4 Wednesday of each month. However, each year the Commission is in recess during the month of August. Therefore, if, the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Works Director. The Director will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by CITY. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from CITY to CONSULTANT, except for oral authorizations regarding Job Number 960305, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. • V. MISCELLANEOUS PROVISIONS A. BOOKS OF ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANT's offices located at 6191 West Atlantic Blvd., Florida 33063. Official Books and Accounts of CONSULTANT are kept and maintained at said office. �i B. INSURANCE. Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance will be noncancellable, except upon ten (10) days' prior written notice to CITY. Tamarac.Agr/31296 5 Individual 0 Occurrence Aggregate Public Liability Bodily Injury, Including Death and Property Damage $1,000,000 $110001000 Automobile Liability Bodily Injury, Including Death and Property Damage $1,000,000 $110001000 Professional Liability $500,000 All premiums shall be at the expense of CONSULTANT. C. WORKERS' COMPENSATION. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this Agreement. . D. INTERRUPTION; POSTPONEMENT; ABANDONMENT. In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of CONSULTANT. F. DISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable in a court of competent jurisdiction in the venue of Broward County, except as provided herein. CITY shall notify CONSULTANT in writing of any decision CITY has rendered with regard to the interpretation of this Agreement. If CONSULTANT disagrees with the decision of CITY, the dispute may be decided by arbitration in accordance with the rules of the American Association then obtaining, should both parties consent to participate in arbitration. Acceptance of the final payment by CONSULTANT shall be considered full release of all claims against CITY arising out of or by reason of the work done and materials furnished 4Dunder this Agreement. Tama=.Agr131296 6 • • G. RIGHTS IN DATA,• COPYRIGHTS DISCLOSURE. a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. b. Rights in Data. All data developed pursuant to this Agreement shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statues, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefore. CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. COMPLIANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. I. ANTI -DISCRIMINATION. CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harassment. J. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder with the prior written consent of CITY. Tamarac.Agr/31296 VA L. CONSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by CONSULTANT through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. M. SITE VISITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his/her responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by CONSULTANT are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. N. ONSITE MONITORING. CONSULTANT's resident project representatives will make reasonable efforts to guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day -today inspection will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing all construction work in accordance with the Contract Documents. O. TIME OF PERFORMANCE. CONSULTANT shall commence performance on each specific authorization upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the authorization. P. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. MONITORING. CONSULTANT's work shall be subject to the inspection and direction of CITY which shall conduct periodic reviews with CONSULTANT. Where CONSULTANT's work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the direction of CITY and at no additional cost to CITY; however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed unsatisfactory and failure Ta=ac.Agr/31296 8 to do so shall allow such corrective action as necessary to be billable to CITY. CONSULTANT will indemnify CITY for any increased construction costs solely and proximately caused by negligence on the part of CONSULTANT concerning any assigned project, less any betterment to CITY. R. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which CITY deems to be in its best interest, provided CITY provides proper written notice to CONSULTANT of such interruption, postponement or abandonment of the work. In such case, CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. S. CONSULTANT's REPRESENTATIVE. CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives of CONSULTANT who are authorized to act on behalf of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep CITY continually advised of such designation. T. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified 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 shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice to wit: For CITY: Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT: Gregory M. Proctor, P.E. Executive Vice President Carnahan -Proctor & Associates, Inc. 6191 West Atlantic Blvd. Margate, Florida 33063 Tamarac.Agr/31296 9 U. TERMINATION OF AGREEMENT. CITY or CONSULTANT may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, CITY shall forthwith pay CONSULTANT in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. CONSULTANT's right of termination shall not be construed to preclude any action by CITY for damages against CONSULTANT should CONSULTANT not fully perform CONSULTANT's responsibilities and duties pursuant to this Agreement. In no case shall CITY be liable for damages to CONSULTANT as a result of CITY's termination of this Agreement, in an amount in excess of actual costs incurred by CONSULTANT in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by CITY. V. NON-EXCLUSIVE AGREEMENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for engineering services between these parties or between CITY and any other engineering firms. W. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac and/or its officers, agents or employees acting within the scope of their employment from any suit, claim, . liability, loss or damage (including reasonable attorney's fees) arising out of or in connection with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement. X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT, or on CONSULTANT's behalf are accurate, capable of being implemented and may be relied upon by any Contractor retained by CITY. Y. ATTORNEYS' FEES. Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANT, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. AA. AUTHORIZING ACTION. This . Agreement is entered into by CITY pursuant to a Motion/Resolution of the City Commission passed at a meeting held on , 1996. Taamarac2.Agr/31296 10 • • IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. CARNAHAN-PROCTOR AND ASSOCIATES, INC. CITY OF TAMARAC By: Gregory M. Proctor, P.E. Executive Vice President By: Corporate Secretary C. Sue Higgins [SEAL] By: ASAG Mayor Norman Abramowitz 10 By: r -� �' City Manager Robert S. Noe, Jr. ATTEST: By: City Clerk Carol Evans Approved as to Form: (Y:i Attorney for th City of Tamarac Mitchell Kraft [SEAL] Tamarac.Agr/31196 11 CARNAHAN-PROCTOR AND ASSOCIATES, INC. Consulting Engineers- Planners _ Surveyors EIMIT A SCHEDULE OF HOURLY RATES HOURLY RATES FOR PERSONNEL PRINCIPAL ENGINEER/SURVEYOR SENIOR TRAFFIC ENGINEER FIELD SURVEY CREW PROJECT MANAGER ENVIRONMENTALBIOLOGIST ENGINEER/SURVEYOR TRAFFIC ENGINEER TECHNICIAN/DESIGNER DRAFTING INSPECTOR COMPUTER TECHNICIAN CLERK/TYPIST 0 $103.00 PER HOUR $90.00 PER HOUR $83.00 PER HOUR $82.00 PER HOUR $69.00 PER HOUR $69.00 PER HOUR $69.00 PER HOUR $53.00 PER HOUR $42.00 PER HOUR $47.00 PER HOUR $62.00 PER HOUR $30.00 PER HOUR SCHEDULE OF REIMBURSABLE EXPENSES AND EQUIPMENT CHARGES • • SCHEDULE OF REIMBURSABLE EXPENSES AND OTHER CHARGES EFFECTIVE DECEMBER 27,1993 OTHER CHARGES 1. Expert Witness Services a. "On -Call" Time at Courtroom and Testimony 2. Reproductions a. Blueline (In -House) b. Sepia Prints C. Mylar Reproducibles d. Xerox (Standard) Copies C. Reproducibles (Outside Service) 3. Recording and Permits Fees 4. Special Field Supplies 5. Electronic Survey Equipment a_ Modular Survey System (Total Station) b. Global Positioning Satellite (G.P.S.) 6. Computer Aided Design/Drafting (CADD) a. Computer Design Drafting Systems b. Geographic Information System (GIS) 7. Delivery and Courier Services 8. Document Processing Services (Word Processing) $200.004r. (Min. Chg. 4 Hrs/Day) _ $ 0.20/Sq. Ft. $ 0.50 Sq. Ft. $2.00/Sq. Ft. $0.10/Sheet/Side = Cost Plus 10% = Cost Plus 10% At Cost $10.00/Hr. $40.00/Hr. — $20.00/Hr. ** $25.00/11r. ** Cost Plus 10% _ $ 1 0.00/Direct Hour ** Per hour of actual computer use. Charge includes in-house software library necessary for system operation but does not include operator. Exhibit "A"