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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-131Temp. Reso# 11679 August 18, 2009 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- 131 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. # 09-05E WITH HSQ GROUP, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND PERMITTING OF THE PARALLEL CULVERT IMPROVEMENT PROJECT, IN ACCORDANCE WITH THE CITY'S CONTINUING SERVICE AGREEMENT AS AUTHORIZED BY RESOLUTION #R-2009-090; AUTHORIZING AN EXPENDITURE FOR SAID PURPOSE IN AN AMOUNT NOT -TO -EXCEED $74,200.00; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents with a better storm water drainage system throughout the City; and WHEREAS, the City has recently completed its Storm Water Master Plan, which identifies a number of potential drainage system problem areas within the City; and WHEREAS, the Storm Water Master Plan has identified the proposed Parallel Improvement Project as a priority for recommended improvements; and WHEREAS, the scope of work for this project consists of increasing the storm water flow capacity of five (5) culvert crossings by adding a second, like sized, parallel culvert pipe adjacent to the existing culvert pipe; and WHEREAS, the improvements are necessary to reduce the amount of headloss at these culvert crossings and increase the capacity for storm water traveling toward the C-13 and C-14 canal outfalls, protecting the health, safety and property of the residents Temp. Reso# 11679 August 18, 2009 Page 2 of 4 of Tamarac; and WHEREAS, the City requires the services of a consultant firm knowledgeable in the area of design and permitting of drainage culverts and headwall systems; and WHEREAS, HSQ Group, Inc. possesses the required knowledge and experience to provide professional engineering services for the design and permitting of the Parallel Culvert Improvement Project and has submitted a detailed proposal in the amount not - to -exceed $74,200.00 (attached hereto as Exhibit A); and WHEREAS, the proposal for this work describes all tasks to be performed in accordance with Article I, "Scope of Work", of the City of Tamarac Continuing Engineering Services Agreement as authorized by Resolution R-2009-090 dated July 8, 2009, a copy of which is on file in the office of the City Clerk; and WHEREAS, HSQ Group, Inc., has been pre -qualified to provide professional engineering services by the City of Tamarac as authorized by Resolution R-2009-090 and the associated Continuing Engineering Services Agreement dated July 8, 2009; and WHEREAS, the City has obtained a 50/50 Department of Environmental Protection Statewide Surface Water Restoration and Wastewater Projects grant to subsidize the cost of design and construction of this project; and WHEREAS, adequate funding exists for design and construction of this project in the Storm Water Capital Improvement Project Budget; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing Contracts Manager that Task Authorization No. 09-05E with HSQ Group, Inc. be approved, executed and funded; and 1 1 1 Temp. Reso# 11679 August 18, 2009 Page 3 of 4 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute Task Authorization No. 09-05E with HSQ Group, Inc., to provide professional engineering services for the design and permitting of the Parallel Culvert Improvement Project for a proposed not -to -exceed amount of $74,200.00 and to provide funding from the appropriate budgeted Public Works Storm Water account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 09-05E with HSQ Group, Inc. (Attached hereto as Exhibit 1) to provide professional engineering services for the desigh and permitting of the Parallel Culvert Improvement Project in accordance with tie . City Consultant Engineering Agreement as authorized by Resolution R-2009-090 of duly 8, 2009. SECTION 3: An expenditure in an amount not -to -exceed $74,200.00 for said purpose is hereby approved. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-156 (b) of the City Temp. Reso# 11679 August 18, 2009 Page 4 of 4 Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION 5: All budget amendments for proper accounting purposes are hereby approved. SECTION 6: If any clause, section, other part or 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 portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day off 2009. ATTEST: v MARION EVE SON, CMC 6ITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. xv MUEL S. R CITY ATTORNEY BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD' DIST 3: COMM. GLASSERor L'Je DIST 4: COMM. DRESSLER �� n 1 Cl City of Tamarac IPurchasing and Contracts DMS1017 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TAMARAC AND HSO GROUP, INC. I-Vt THIS AGREEMENT made and entered into this d3 day of , 2009, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "City", and HSQ Group, Inc., a Florida Corporation, with principal offices located at 1489 West Palmetto Park Road, Suite 340, Boca Raton, FL, 33486 hereinafter referred to as "Consultant": WHEREAS, the City requires certain professional services in connection with Professional Design Services for City's Stormwater Culvert System (5 locations) under Task Authorization No. 09-05E; and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be after appropriate City approval and after Purchase Order and Notice to Proceed issuance. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in Consultant's Proposal to the City dated August 21, 2009, as specifically attached hereto as Exhibit "A", and incorporated herein as if set forth in full and in accordance with Continuing Services Agreement, 06-06R, R-2006-131 and subsequent renewal R-2009-90, Exhibit "B". Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. ARTICLE 3 - COMPENSATION The City shall pay Consultant, Seventy Four Thousand Two Hundred and no cents ($74,200.00), in accordance with the provisions contained in the Consultant's Proposal dated August 21, 2009, which is attached hereto as Exhibit "A", and incorporated herein as if set forth in full. of Tamarac IPurchasing and Contracts Division ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and Consultant shall, at no additional cost to the City, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION 5.1. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be bome by the Consultant. 5.2. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 5.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 5.5. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. City of Tamarac and Contracts Division ARTICLE 6 -- NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 - INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 8 PAYMENTS 8.1 The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Article 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work 3 of Tamarac Purchasing and Contracts Division performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 8.2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 — INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employee's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(50) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. of Tamarac 10.2 The Minimum Limits of Combined Single Limit Liability. and Contracts Division Coverage shall be $1,000,000 per occurrence, for Bodily Injury Liability and Property Damage 10.3 The City must be named as an additional insured for General Liability coverage unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.4 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATION OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such of Tamarac Purchasing and Contracts Division neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - UNCONTROLLABLE FORCES 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 16 - MISCELLANEOUS 16.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect of Tamarac and Contracts Division the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severability: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement, 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger; Amendment: This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 16.5 No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. of Tamarac Purchasing and Contracts Division ARTICLE 19 - TRUTH -IN -NEGOTIATION CERTIFICATE 19.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 19.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all work products, documents, records, disks, original drawings, specifications or other information developed as a result of this Agreement shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this Agreement shall be used only in connection with the services provided the City. ARTICLE 21 - FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 22 - NOTICE 22.1 Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: lei 110 City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 City of Tamarac Purchasing and Contracts Division With a copy to Gild Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT: HSQ Group, Inc. 1489 W. Palmetto Park Road, #340 Boca Raton, FL 33486 (561) 392-0221 22.2 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 22.4 Consultant shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. Remainder of Page Intentionally Blank DI City of Tamarac P tchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its President, duly authorized to execute same. CITY OF TAMARAC And zaag�06 Beth Flansbaum-Talabisco, Ma or S,,Z�,�d3 ao6 Date ATTEST: `- Jeffre . Mil , City Manager - ICAari " Swenson, CMC -.""City irk , Date ATTEST: re of Cor ra e Sftketary Antonio Quevedo Type/Print Name of Corporate Secy. SZ&oq Date Date: Appr ved as to form and legal sufficiency: I �j j64�� t orney Zz (6 Date HSQ Group Inc. gompany Name Signature of President/Owner Huebner. President Type/Print Name of President/Owner 'eP/Z s/Q y Date 10 of Tamarac Purchasing and Contracts Divis1017 CORPORATE ACKNOWLEDGEMENT STATE OF -A id (A &61(':SS COUNTY OF 2 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jay Huebner, President of HSQ Group Inc, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this NOTARY PUBLIC -STATE OF FLORIDA ©seanr> Abrams Commission # AD477973 Expires: OC1 03, 2009 }3onded Thru Atlantic Handing �o., Inc. day ofAth. �� , 2009. Signatur f Notary Public State of � at Large A be #I yn's Print, Type or Stamp Name of Notary Public Il Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. Exhibit A HSQ GROUP, INC. ter,; Consulting Engineers •Planners •Transportation .1489 W. Palmetto Park Road, Suite 340 Boca Raton, Florida 33486 (561) 392-0221 Phone • (561) 392-6458 Fax DATE: August 21, 2009 TO: John Doherty, P.E. Assistant Director of Public Works/City Engineer Public Works Department 6011 Nab Hill Road, Second Floor, Tamarac, FL 33321 RE: TAMARAC STORMWATER CULVERT SYSTEM (5 LOCATIONS) 48" CULVERT — BANYON LANE (2) 38"X60" CULVERT — NW 68TH STREET 60" CULVERT — NW 46TH STREET 64" CULVERT — NW 70TH AVENUE 60" CULVERT — MONTEREY GOLF COURSE Proposal no.: 0901-6P Task Authorization No. 09-05E Dear John: Thank you for considering HSQ Group, Inc. for this project. We hereby submit the engineering and permitting scope of services for the above referenced project. Item: Description: 02.01 Drainage Calculations: $2,600 • Prepare pipe sizing calculations and report necessary for permitting purposes. • Analysis the Tamarac stormwater master drainage plan report. • Calculations based upon as -built information provided by the City for the Monterey gate out fall system. 15.06 Design Survey: (Sub consultant) $5,000 • Provide design survey information for all four culverts. • Provide locations for all above ground improvements, topographic information, pipe inverts, seawall locations. • Provide cross section of canal at each location. • Provide survey cad file to engineer in state plane coordinates. 15.09 Geotechnical services: (Sub consultant) $3,300 • Conduct soil borings at four locations. • Prepare geotechnical analysis of soil for foundation purposes (four locations). • Provide information necessary to design seawall and pilings (four locations) • One Soil boring for Monterey golf course location. Consultant Client 07.04 Culvert design and plans: • Prepare construction drawings for all five locations. • Prepare details for each pipe location. • Provide cross sections of each culvert addition. • Provide NPDBS plans. • Provide documents required for bidding purposes. 15.19 Structural design: (sub consultant) • Prepare construction drawings of seawall modification for four locations. • Prepare design of new king piles in front of existing seawall. • Prepare structural drawings for seawall repair at each location. • Provide documents required for bidding purposes. • Provide ten hours of inspection /coordination time. • Address Building Department comments through issuance of required building permits. • Monterey Golf Course culvert does not have seawalls. (no structural design required) $29,000 $7,900 8.01 Permitting Process: $10,000 Applications, permit packages and coordination with all governmental agencies, regarding the civil engineering for the site, will be prepared and submitted as follows: • Obtain City of Tamarac permit approval with 60%, 90%, 100% reviews. • Process and obtain permits thru Broward County EPD. Three letter modification applications for Woodlands and Tamarac master permit and one general permit for Monterey culvert. • NPDES permit. • Permitting fees paid by the City of Tamarac. 10.13 Project coordination and bid review: $6,000 • Coordinate with City staff for bidding purposes. • Prepare necessary bidding documents and technical specifications. • Prepare engineer's cost estimate at 90% and 100% plan reviews. • Prepare project schedule. 04 Construction Observations: $6,000 • Observe engineering construction as required. Work will include shop drawing review, pre -construction meetings, and periodic construction observations. Based on an average of one (1) site visits per week. Fee based upon city inspector providing inspection reports to HSQ during the construction period. 2 Consultant Client 03.03 Certification and Conveyance Phase: • Review final as -built drawings provided by contractor. • Prepare certification applications. • Prepare and submit final conveyance packages to the following agencies: ■ City of Tamarac ■ Broward County EPD 16 Reimbursable expenses (not to exceed): • Provide printing and blue print services. • Provide mailing and delivery services. • Provide copies of reports. • Expenses based upon standard fees indicated in continuing services agreement with City of Tamarac • Total reimbursable expenses will be billed as needed, however, it will not to exceed $2,000, Total Fee not including hourly): $3,500 $2,000 74 200 The fees for the above referenced services consists of a not to exceed amount of Seventy-four thousand two hundred dollars ($74,200.00) This proposal is predicated upon the engineering and permitting as one phase. We have made this proposal as complete as possible, but if situations change or additional services are required we will request additional fees in writing at that time. If you have any questions concerning this proposal please feel free to call our office. We look forward to working with you on this project. TAMARAC STORMWATER CULVERT SYSTEM (5 LOCATIONS) Total Fee Lnot includin hourly); 74 200.00 Acce tance of Pro os I: This proposal consists of pages 1 through 3 and is based upon the continuing services contract with the City of Tamarac for hourly rates and conditions. The above fees, terms and conditions are satisfactory and acceptable. You are authorized to perform the work as specified. Signed: Name: Title: Date: HSQ GROUP, INC. Jay M. Huebner President 8/21 /09 By: City of Tamarac Signed: Name J Doherty, P.E. Title: Assistant Director of Public Works Date: Consultant Client Exhibit B Temp. Reso. # 11644 June 22, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009 % 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RENEW AGREEMENTS WITH THE FOLLOWING TEN (10) CONSULTING FIRMS TO PROVIDE ENGINEERING AND ARCHITECTURAL CONTINUING SERVICES ON AN "AS NEEDED" BASIS: 1) BERMELLO, AJAMIL & PARTNERS, INC.; 2) CARTER & BURGESS, INC.; 3) CORZO, CASTELLA, CARBALLO, THOMPSON, SALMAN, P.A.; 4) B.E.A. INTERNATIONAL CORPORATION, INC.; 5) GLE ASSOCIATES, INC.; 6) SALTZ MICHELSON ARCHITECTS, INC.; 7) CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC.; 8) ECKLER ENGINEERING, INC.; 9 Ham., GROUP. INQ; 10) MATTHEWS CONSULTING, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is faced with the challenge of meeting increased demands imposed by regulatory agencies, development, infrastructure modifications, and expansions utilizing the latest technology for efficient and safe operation; and WHEREAS, the City of Tamarac's operations and programs require the utilization of specialized services from consultants to meet these demands; and WHEREAS, City Commission of the City of Tamarac, Florida, via Resolution R- 2006-131, authorized Agreements for Engineering and Architectural Continuing Services for a period of three years with options to renew for an additional two year period, a copy of said Resolution is incorporated herein by reference and on file in the Office of the City Clerk; and WHEREAS, the Agreements with the following firms are eligible for a two-year renewal, on an "as needed" basis, and the following firms have provided written approval to Temp. Reso. # 11644 June 22, 2009 Page 2 renew said Agreements, hereto attached as "Exhibit 1 All Services Category: I. Bermello, Ajamil & Partners, Inc. 2. Carter & Burgess, Inc. 3. Corzo, Castella, Carballo, Thompson, Salman, P.A. Architectural Cat o : 4. B.E.A. International Corporation, Inca 5. GLE Associates, Inc. 6. Saltz Michelson Architects, Inc. Engineering Catego 7. Chen and Associates Consulting Engineers, Inc. 8. Eckler Engineering, Inc. 9. HSQ Group, Inc. 10. Matthews Consulting, Inc.; and WHEREAS, the Director of Public Works, the Director of Utilities, the Director of Community Development, and the Purchasing and Contracts Manager recommend the appropriate City Officials be authorized to renew the Agreements for Engineering and Architectural Continuing Services for a period of two years; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to renew Agreements providing Engineering and Architectural Continuing Services with 1) Bermello, Ajamil & Partners, Inc.; 2) Carter & Burgess, Inc.; 3) Temp. Reso. # 11644 June 22, 2009 Page 3 Corzo, Castella, Carballo, Thompson, Salman, P.A.; 4) B.E.A. International Corporation, Inc.; 5) GLE Associates, Inc.; 6) Saltz Michelson Architects, Inc.; 7) Chen and Associates Consulting Engineers, Inc.; 8) Eckler Engineering, Inc.; 9) HSQ Group, Inc.;10) Matthews Consulting, Inc, for a period of two years. NOW, THEREFORE, BE IT RESOLVED _BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of t _s Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to renew Agreements providing Engineering and Architectural Continuing Services with 1) Bermello, Ajamil & Partners, Inc.; 2) Carter & Burgess, Inc.; 3) Corzo, Castella, Carballo, Thompson, Salman, P.A.; 4) B.E.A. International Corporation, Inc.; 5) GLE Associates, Inc.; 6) Saltz Michelson Architects, Inc.; 7) Chen and Associates Consulting Engineers, Inc.; 8) Eckler Engineering, Inc.; 9) HSQ Group, Inc.; 10) Matthews Consulting, Inc. for a period of two years. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temp. Reso. # 11644 June 22, 2009 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this D day of (, 2009. MARION SWENSON, C CITY (CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. d 101, AMUEL t. bdAEN CITY ATTORNEY ., i7-rml ram -- RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALA ISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER ACORN CERTIFICATE OF LIABILITY INSURANCE 01/19/2009) PRODUCER (30S)822-7800 FAX (305)822-1621 Collinsworth, Alter, Fowler, Dowling & French P. 0. Box 9315 Miami Lakes, FL 33014-9315 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. INSURERS AFFORDING COVERAGE NAIC # INSURED HSQ Group, Inc. 1489 West Palmetto Park Road Suite 340 Boca Raton, FL 33486 INSURERA: Hartford Casualty INSURERS: Zenith Insurance Company INSURER C: Lloyds of London INSURERD: INSURER E: nnVFRAnFC 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONATE DATE (MMIDDIYY) LIMITS GENERAL LIABILITY 21SBAIG1445 10/17/2008 10/17/2009 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,00 CLAIMS MADE FX] OCCUR MED EXP (Any one person) $ 10,00 A PERSONAL & ADV INJURY $ 11000, OO GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO JECT LOC AUTOMOBILE LIABILITY ANY AUTO 21SBAIG1445 10/17/2008 10/17/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ J] ANY AUTO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ a $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND Z066907505 01/18/2009 01/18/2010 X WC STATU OTH- B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ 10010010 E.L. DISEASE - EA EMPLOYEE $ 100, 00 E.L. DISEASE - POLICY LIMIT $ 500,000 C ro 'essional Liability laims Made Form LDUSA0900075 01/18/2009 01/18/2010 $1,000,000 Each Claim $1,000,000 Aggregate $20,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate Holders are listed as Additional Insured as respects Commercial General Liability, per policy terms and conditions. 11r10 day notice of cancellation for nonpayment of premium. City of Tamarac 7525 N.W. 88 Avenue Tamarac, FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30'r DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE � Mel Wiesel/LBR ACORD 25 (2001/08) ®ACORD CORPORATION 1988 k IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. M4VMLF 'Co VVU IWO)