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Home My WebLink AboutCity of Tamarac Resolution R-2006-033Temp. Reso. #10902 February 8, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. 06-03E WITH MATHEWS CONSULTING, INC., TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN, PERMITTING, AND BIDDING OF THE 12-INCH WASTEWATER FORCE MAIN ALONG NW 82ND STREET FROM NW 75r" AVENUE TO NUTMEG COURT, IN ACCORDANCE WITH THE CITY'S CONSULTING ENGINEERING AGREEMENT AS AUTHORIZED BY RESOLUTION NO. R-2001-185, FOR AN AMOUNT NOT TO EXCEED $50,000.00; APPROVING FUNDING FROM THE APPROPRIATE BUDGETED UTILITIES OPERATIONAL AND CIAC ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains the wastewater collection and pumping systems; and WHEREAS, it is necessary to provide wastewater force main system flexibility under emergency conditions by providing a 12-inch Wastewater Force Main interconnection between the east and west sides of University Drive along NW 82"d Street; and WHEREAS, the City requires the service of a consulting firm knowledgeable in this area and capable of providing professional services for the design, permitting, and bidding Temp. Reso. #10902 February 8, 2006 Page 2 of the 12-inch Wastewater Force Main along NW 82"d Street from NW 75t' Avenue to Nutmeg Court; and WHEREAS, Mathews Consulting, Inc., possesses the required knowledge and experience to provide the professional engineering services needed for the design of the 12-inch Wastewater Force Main along NW 82"d Street from NW 75t' Avenue to Nutmeg Court; and WHEREAS, Mathews Consulting, Inc., has been pre -qualified as an approved consultant for engineering services by the City of Tamarac as authorized by resolution #R- 2001-185 (a copy of which is attached hereto as "Exhibit 1 "); and WHEREAS, it is the recommendation of the Director of Utilities that Task Authorization No. 06-03E from Mathews Consulting, Inc., be approved, executed and funded; 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 accept and execute Task Authorization No. 06-03E (a copy of which is attached hereto as "Exhibit 2") with Mathews Consulting, Inc., to provide Engineering Services for the 12-inch Wastewater Force Main along NW 82"d Street from NW 75t' Avenue to Nutmeg Court for an amount not to exceed $50,000.00 and to provide funding from the appropriate budgeted Utilities Operational and CIAC accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 1 Temp. Reso. #10902 February 8, 2006 Page 3 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. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 06-03E with Mathews Consulting, Inc., to provide engineering services for the 12-inch Wastewater Force Main along NW 82"d Street from NW 75t' Avenue to Nutmeg Court, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2001-185 on July 11, 2001, for an amount not to exceed $50,000.00. SECTION 3: The $50,000.00 is hereby approved to be funded from the appropriate budgeted Utilities Operational and CIAC accounts. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders not to exceed $30,000.00 per Section 6-156 (b) of the City 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 resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. 1 Temp. Reso. #10902 February 8, 2006 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this Wh day of Mar , 2006. Abe''.� JOE SCHREIBER MAYOR ATTEST: ECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER /\fP_ CITY CLERK DIST 1: COMM. PORTNER Me DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Al* AMUEL S. GOREN CITY ATTORNEY JM/mg r CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-185 Temp. Reso. #8434 .Pae1 June 18, 20 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AGREEMENTS WITH THE FOLLOWING FIVE (5) CONSULTING FIRMS TO PROVIDE ENGINEERING AND ARCHITECTURAL CONTINUING SERVICES FOR A PERIOD OF FIVE YEARS ON AN "AS NEEDED" BASIS: (1) CRAVEN THOMPSON & ASSOCIATES, INC.; (2) ECKLER ENGINEERING, INC.; (3) MATHEWS CONSULTING, INC.; (4) MILLER LEGG AND ASSOCIATES, INC.; AND (5) WILLIAMS, HATFIELD & STONER,` INC.; PROVIDING FOR CONFLICTS; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "EXHIBIT 1" TR #10902 WHEREAS, the City of Tamarac is faced with the challenge of meeting the 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 over the next five years require the utilization of specialized services from consultants to meet these demands; and WHEREAS, the City of Tamarac publicly advertised Request for Letters of Interest .No. 01-10L for Engineering and Architectural Continuing Services to be utilized Citywide for a period of five years on an as needed" basis, a copy of which is attached hereto as "Attachment A"; and J Temp. Reso. #9434 Page 2 June 18, 2001 WHEREAS, on March 28, 2001, submittals from the following nineteen (19) firms were received: 1. Calvin Giordano 2. Carnahan Proctor & Carr Smith Corradino 4. Chen & Associates 5, Craig A. Smith 6. Craven Thompson 7. Eckler Engineering 8. Geoverse 14 9. Hartman & Associates 10. Hazen & Sawyer 11. Lakdas/Yohalem ` 12. Mathews Consulting 13. Miller Legg 14. PBS&J 15.,Reynolds Smith & Hill 16. Rhon Emest-Jones 17.Tamara Peacock 18.TBE Group 19.Williams, Hatfiefd & Stoner WHEREAS, after an extensive review and evaluation process which included categorizing the firms by size, the committee consisting of Director of Utilities, - Assistant Public Works Director, Utilities Project Engineer, and Assistant City Engineer recommend the appropriate City Officials be authorized to execute agreements for Engineering and Architectural Continuing Services to be utilized for a period of five years on an "as needed" basis with the following five (5) firms: 1. Eckler Engineering, Inc. (Small Firm) 2. Mathews Consulting, Inc. (Small Firm) 3. Craven Thompson & Associates, Inc. (Medium Firm) 4. Williams, Hatfield & Stoner, Inc. (Medium Firm) 5. Miller Legg and Associates, Inc. (Large Firm) Temp. Reso. #9434 Pace 3 June 18, 2001 WHEREAS, the Public Works Director, Utilities Director and Purchasing and Contracts Manager recommend the appropriate City Officials be authorized to execute the five agreements for Engineering and Architectural Continuing Services: 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 execute and enter into agreements with Craven Thompson ti & Associates, Inc., Eckier Engineering, Inc., Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield & Stoner, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION-2: That the appropriate City Officials are hereby authorized to execute a agreements with Craven Thompson & Associates, Inc., Eckler Engineering, Inc., Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield & Stoner, Inc. (copies of which are attached hereto as "Attachments B —1, 2, 3, 4 & 5"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section or 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 potions or applications of this Resolution. r" Temp. Reso: #8434 Pa gge 4 June 18, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11T" day of July, 2001. JOE SCH EIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION 5 ENSON, CMC CITY CLERK MAYOR SCHREIBER e, DIST 1: COMM. PORTNER, Pi DIST 2: COMM. 'MISHKIN I HEREBY CERTIFY that I DIST 3: VIM SULTANOF have approved this DIST 4: COMM. ROBERTS Pi RESOLUTION as to form. ITCHELL . K CITY ATTORNEY CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT is Agreement, made and entered into and effective this LL day of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 881' Avenue, Tamarac, Florida, hereinafter referred to as "City". and Miller Legg & Associates, Inc., a Florida corporation with principal offices located at 1800 N. Douglas Road, Suite 200, Pembroke Pines FL 33024, hereinafter referred to as "Consultant% WITNESSETH: WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may 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, The term of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City In accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type services as r' W.- Consulting Engineer, NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: 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. 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 intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects as needed. Agreement - AE Services Miller Legg.doc Each specific task to be performed shall be identified, and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, 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 T 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 meetings will include but not be limited to meetings at which Consultant's specialized knowledge; is needed by City, or a meeting conducted to develop or disseminate criteria 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. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain independent contractor status. In order.to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task. 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 each Job Number 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 each Job Number will identify the specific meetings to which they apply. All fees for services on each Job Number will be compensated as defined in Section III.A, herein. B. BgylEW OF DEVELOPMENT PLANS, When requested by the City, Consultant shal! -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 it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to 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 preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. Agreement - AE Servicas Miller Legg.doc 4. Surveying property plats and descriptions. 5. 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 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. Ynitten 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 with City's Capital Improvement Project Number and title, if applicable ;< date 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. s 8. 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 instructions to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume that the City. Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite 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. Agreement - AE Services Miller Legg.doe fll. FEES AND PAYMENTS A. Each written proposal. from Consultant for an individual task as required in Article 1 "Scope of Services" 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. DiLegJ__Hoy_riL pigs Di lary Costs and Rei bursa nt for Non- ala Cam, sts. 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 plus applicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A", and attached hereto, shall be used to calculate all times 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 previously defined herein). 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 are not limited to, necessary transportation costs, including mileage at City's current rate per mile when Consultant's own automobiles are used outside Browslyd County; meals and lodging outside Broward County; laboratory tests analyses; long distance telephone and printing. B. METHO QF_BAJMgNT. 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 acceptance, unless some other mutually agreeable period of required payment is established in authorization for a specific task Consultant shall submit. monthly invoices to City through the appropriate or designated project manager. The Director or designee_ 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. 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. 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, Agreement - AE services Miller Legg.doc if except for oral authorizations regarding each Job Number. Each separate task authorization shall include information as to start and completion times for that task. MISCELLANEOUS PROVISIONS A. REC0130/AUQjJ% The Consultant shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this ,contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, If any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary Insurance In such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such Insurance in full force and effect during the life of this. Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall Indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such Insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Limits Occurrence Aggregate $1,000,000 . $1,000,000 Including; Promises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest. Clause Agreement - AE Services Miller Legg.doc Automobile Liability .$110001000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have. supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Bests Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies shall be required. Each carrier will give the City thirty-(30) days notice prior -to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured'. The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for, the payment of all deductibles and self - insured retehtions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners'.. Protective Liability insurance naming the City as a ,Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance .policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. 6 Agreement • AE Services Miller Legg.doc C. INTERRUPTION, POSTPOWIgNT _ABANDONMENT. In the event the work herein, or any part thereof, shalf be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any 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. D. 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. E. QISPUTES 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 may be enforced 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 at the City's discretion. ` F. RIGHTS IN DATA. COPYRIGHTS. DISCLOSURE. r 1. Definition. The term "data" as used in this Agreement Includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. 2. Ri6hts -in Det g. City shall have the full right to use all data developed pursuant to this Agreement 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. All data prepared or furnished by Consultant (and Consultant's independent professional associates and Consultants) pursuant to this Agreement are Instruments of service in respect of the project, and Consultant shall have the ownership and property interest therein whether or not the project is completed. 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 registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without the express written permission of Consultant. G. COMPLIANCE WITH LAWS. Consultant shall fully. obey and comply with 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. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Agreement - AE Services Miller t.egg.doe I. INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor under this Agreement. Personal services provided. by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned, -except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment. the City shall deal through the Consultant only. However, if the company is sold during.the life of the contract, the buying agent must provide the City with. a letter signed ,by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall not relieve the construction oontractor(s) of its obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, nor shall the contractor(s) be relieved of 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. L. ONSITE MONITORIbIG. Consultant's resident project representatives will make reasonable efforts to guard City against defects and deficiencies in the work of the i v, kil actor(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 in accordance with the Contract Documents. M. TIME OF PERFORMANCE. Consultant shall commence performance on each specific task authorization upon receipt of written Notice to Proceed from City. The work shall be completed in accordance with the schedule included in the authorization. N. OBLIGATIONS QF 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 Agreement - AE Services Miller Legg.doc for all necessary approvals from all City 'of Tamarac. departments, and administration of public meetings in City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City In conducting all meetings. O. 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, Consultant shall correct it 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. 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. P. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, 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 tb the time of such interruption, postponement or abandonment. Q. CONSULTANTS 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. R. 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 Taf 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: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above 9 Agreement - AE services Miller Legg.doc For Consultant Robert H. Miller, President Miller Legg ik Associates, Inc. 1800 North Douglas Rd., Suite 200 Pembroke Pines, FL 33024 S. TgRMINATION OF AG_RgEMENT. 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. T. ; NON-EXCLUSIVE_ AGREEMENT. City, reserves the right ,to contract other Engineering firms as Consulting Engineers pursuant to the Consuftant'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. U. IND MNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to -indemnify and hold harmless the City of Tamarac, its officers, elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) to the extent caused by Consultant's negligent acts, errors or omissions associated with Consultant's duties and responsibilities pursuant to this Agreement. V. WAR . 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. S W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, 'and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Engineering practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and. which are reported to Consultant within one year from the completion of services. 10 Agreement • AS Services Miller Legg.doe X. AIMBNEnl F E . In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANgES 6ND 0LtCE MAJEURE. in the event that a change in City provided Information, change In law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and. an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal In writing within fifteen (15) days of receipt of Consultant's proposal. Z. PROHIBITION AGAINST reQNTINGENT FEES. The professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any 'fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration In the terms and 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. BB. AUTHORIZING ACTION. This Agreement is entered into by C pursuant to a Resolution of the City Commission passed at a meeting held on , 2001. 11 Agreement - AE Services Miner Legg A= IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST: - Marion Sw nson, CMC City Clerk ATTEST: orporate Secretary Dan cretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) C a Florida Municipal Corporation By. )/a Schreiber, Mayor Date: 7-1 & - 0 / By: I.. /Y6G,.•c — Jeffrey f.Qiu, City Manager Date: 7; l 6 - 0 MILLER LEGG Inc. I David L. _.Tohn, „P,_X., Sr Vice President Type/Print Name and Title Date: 05/28/ 801 12 Agreement - AE Services Miller Legg.doc t ti CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF_rt,ow.,d The foregoing instrument was acknowledged before me this 2 B th day of June .. 2001 byDaVid z . John, a . a . , (name of officer or agent, title sr. Vice Pre de t of officer or agent) of ILLS GG S ( me of corporation acknowledging), alorida (state or place of incorporation corporation;'�i� lalf of the corporation. Signature of Notary Public -- State of Florida Printed, typed/stamped name of Notary Public ' Exactly as commissioned t( Personally known by me, or ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or HDid not take an oath ARk. 4Barbara L Iiar:3en MY c0'�F.I SSIV: a ccr r-z kX' RES C-ctoWr 19.2003 _ � ec.roeo rrA,V mGr r ;� cs.,Krar� sK 4 13 Agreement - AE Services Miller Legg.doc S i 1 9 1, Dan A. mintner, P.E. (Name), the duly elected Secretary of ' i 1l e r , r. (Corporate Title), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT David L . John, P.E. (Name)", the duly electedor.Rza (Title of Officer) of Mi 11 (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing. as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and • saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out pf honoring, the signature, of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE $pnior. Project Manag Given under my hand and the Seal of the said corporation this _ day of (SEAL_) By: X _ Secretary ` Miller, Legg & Assoc., Inc. Corporate Title "i40TE: -The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 r r 0 ENCINEERS - SURVEYORS MAPPERS - PLANNERS - LANDSCAPE ARCNITECs- - GIS - ENVIRONMENTAL •PROFESSIONALS Corporate Office: 1800 North Douglas Rood • Suite 200 Pembroke Pines, FL 33024.3200 '0,20 (954) 436.7000 - Fox. (954) 436-8664 • wwW,nA96 gg.com R AIiOCIATES. INC QQ1 HOURLY RATE SCHEDULE HOURLYWE Administrative $ 45 Technical Assistant $ 50 CAD Technician $ 60 Field Representative $ 60 Senior Field Representative $ 70 Technician $ 70 GIS Data Processor $ 75 Senior CAD Technician/Laildscape Designer ' $ 75 Environmental ScientistlRisk Management Specialist $ 75 Director of Field Services $ 85 Project Engineer/Surveyor/Landscape Architect/Designer $ 85 Regulatory Coordinator $' 85 .Survey Field Party (Portal to Portal) $ 95 GIS Specialist $ 95 Senior Project Engineer/Senior Environmental Scientist $ 95 Project Manager/Licensed Surveyor $100 5 Senior Project Manager/GIS Coordinator $125 Engineedng/Planning/Surveying Director $140 GPS Field Party (Portal to Portal) $150 Principal $175 Senior Principal $215 NOTE: These rates are subject to change after January 1, 2002 Document2 Offices located in: Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122 r r ' • MINEER$ SURVEYORS .R MAPPERS PLANNERS • LANDSCAPE ARCHITECTS CIS • ENVIRONMENTAL ►IIO►ESSIONAIS CapoTate Office: 1800 NOM DMQ10& Rood • Sft 200 • Pwr&o to Pkws. FL 33024-3200 / (964) 436.7000 • Fax: (964) 436.8664 - www.mmledeW.com 1 A ASSOCIA111. INC 10eted Wing 35 Yew- NIMLER, LEGG & ASSOCIATES, INC. Standard Reimbursable Expense Rates Effective January 1, 2001 In-house, Expenses Courier at cost Mileage (per mile) per city rate Copies $0.15 Blueprints $2.20 Mylars $7.00 Postage $0.34 Vellums $5.50 4 Fax Transmissions $1.00 Official Record Does $1.00 C OfAces located In: Pembroke Pines, FL (954) 436.7000 WeQVon, FL (561) 798-9981 Orlando. FL (407) 926.4122 CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this day of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW Be Avenue, Tamarac, Florida, hereinafter referred to as "City" and Mathews Consulting Inc., a Florida corporation with principal offices located at 1601 Belvedere Road, Suite 215 South, West Palm Beach FL 33406, hereinafter refereed to as "Consultant". WITNESSET : WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may 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, The term of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "Consultant° to be most qualified to perform said continuing type 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: (. 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. 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 intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects as needed. Agreement , AE Services Mathews consulting.doc Each specific task to be performed 'shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, 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 assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized knowledge is needed by City, or a meeting conducted to develop or disseminate criteria 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. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant spall maintain independent contractor status. In order to minimize administration, attendance by Consultant at _ all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task. 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 each Job Number 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 each Job Number will identify the specific meetings to which they apply. All fees for services on each Job Number will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant shall review and comment to City on those developmental plans submitted to City which City determines will require either more Englnc—oing expertise or more time than available to City's own Engineering staff. C. OTHELR SER YC .S. 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 to 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 preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. 2 Agreement • AE Services Mathews Consutting.doc 4. Surveying property plats and descriptions. S. Assistance with CARD. 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 with City's Capital Improvement Project Number and title, if applicable, .date approved by City Commission, .if required, and signed by City's and Consultants representatives. Each Addendum, after execution by both parties to this Agreementi shall become a supplement to and a part of this Agreement. 8. 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 instructions to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining Permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. -In order to expedite 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. Agreement -AE Services Mathews Consuring.doe III. FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services", 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. Direct Hour_1yus Direct Salary Costs and Reimbursement for Non-salaN 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 plus applicable direct costs. This base hourly rate, limited to the work classifications as' listed in Exhibit "A", and attached hereto, shall be used to calculate all times 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 Saiary Costs (as previously defined herein). 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 are not limited to, necessary transportation costs, including mileage at City's current rate per mile when Consultant's own autorhoblies are used outside BroWard County; meals and lodging outside Broward County; laboratory tests analyses; long distance telephone and printing. B. METHOD OF QAYMENT. 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 acceptance, unless some other mutually agreeable period of required payment is established in authorization for a.specific task. Consultant shall submit monthly invoices to City through the appropriate or designated project manager. The_ Director or designee will review the invoices to insure all charges are allowable qnd 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. 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 fumished under this Agreement. 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, 4 Agreement - AE Services Mathews Consuf<ing.doc LVA except for oral authorizations .regarding each Job Number. Each separate task authorization shall include information as to start and completion times for that task. MISCELLANEOUS PROVISIONS A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract all books, reports and records in acpordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant. agrees to, In the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. , Consultant shall obtain at Consultant's expense all necessary,insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such Insurance. The following are required types and minimum limits of Insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business, Coverage Occurrence Aggregate Commercial General Liability $1,000,000 � $1,000,000 Including: Premises/Operations Contractual Liability Personal injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Agreement - AE Services Mathem Consulting.doc Automobile Liability $1,000,000 $1,0000000 Workers'.Compansation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All Insurance carriers shall be rated at least A-Vil per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies shall be required. Each carrier will give the City thirty-(30) days notice prior, to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self4nsured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made' forms are acceptable for Professional Liability. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. It the policies of Insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. Agreement • AE Services Mathews Cansufling.doc C. INTERRUPTION, POSTPONEMENT. ABANDQNME ITT. In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be In its own best Interests, Consultant shall not be entitled to any further payment for such work, or any 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. D. 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. E. DISPUTE§ AND INTERPRET TON. , In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of City shall be final and may be enforced 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 at the City's discretion. F. RIGHTS IN DATA, COPYRIGHT$ D, ISCLOSURE. 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. City. shall have. the full right to use all data developed pursuant to this Agreement 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. All data prepared or furnished by Consultant (and Consultant's Independent professional associates and Consultants) pursuant to this Agreement are Instruments of service in respect of the project, and Consultant shall have the ownership and property interest therein whether or not the project Is completed. City.-Chall 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 registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without the .express written permission of Consultant. G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with 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. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Agreement -AE Services Mathews Consutting.doc t. INDEPENDENT CONTRA TOR. CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the City. Personnel policies; tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR, J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City. shall deal through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. 1SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall - not relieve the construction contractor(s) of its obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, nor shall the contractor(s) be relieved of 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. L. 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 he►p 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 in accordance with the Contract Documents. M. TIME OE PERFORMANCE. Consultant shall commence performance on each specific task authorization upon receipt of written Notice to Proceed from City. The work shall be completed in accordance with the schedule included in the authorization. N. 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 Agreement - AE Services Mathews ConsultingAOC for all necessary approvals from all City of Tamarac departments, .and administration of public meetings In City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. 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 1s unsatisfactory to City, Consultant shall correct it 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. 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. P. EXTBA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after Interruption, postponement or abandonment, 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 Jo the time of such Interruption, postponement or abandonment. Q. CONSULTANTS 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. R. 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 sh2Vtdftn` 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: City Manager City'of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above 9 Agreement - AE Services Mathews ConsuRing.doo For Consultant Rene L. Mathews, P.E., President Mathews Consulting, Inc. 1601 Belvedere Rd., Suite 215 South West Palm Beach, FL 33406 S. jg_PV-1N&TIObj OF AGREEM 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 incurred by Consultant in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by City. T.: NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other Engineering firms as Consulting Engineers pursuant td 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 fines, U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to Indemnify and hold harmless the City of Tamarac, its officers, elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attomey's fees) to the extent caused by Consultant's negligent acts, errors or omissions associated with Consultant's duties and responsibilities pursuant to this Agreement. V. 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. S W. PROFE SIONAL I3ESPONSIBILIIIES OF, CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will cant' out its responsibilities in accordance with customarily accepted professional Engineering practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. 10 Agreement -AE services Mathews Consulting.doc X. ATT R YS' FEES. in the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHAN ND FQRC AJ URE. In the event that a change In City provided Information, change in law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing .a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal in'writing within fifteen (15) days of receipt of Consultant's proposal. Z. pjllON ACAIN$T CONTINGENT SEES. The professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any fee, commission, percentage, gift, or other consideration contingent upon .or resulting from the, award or making of this Agreement. For any preach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFI AT ONS. It is further agreed that no modification, amendment or alteration in the terms and 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. E313. AUTHORIZING ACTION. This Agreement is entered Intoby C pursuant to a Resolution of the City Commission passed at a meeting held on 2001, 11 Agreement - AE Services Mathews Consulting.doc IN WITNESS WHEREOF, the parties have duty executed this Agreement the day and year first written above. ATTEST: By: Marion Sweilson, CIVIC f City Clerk 1rAir/V,oA0 Mitch -all S. Date: ATTEST: (Corporate Secretary David L. i+kii ews Type/Print Nartme of Corporate Secy, tGORPORAT't sr --AL) CITY J6MARAC a Florida Municipal Corporation r By: e Schreiber, Mayor Gate: Jeffrey MI er, City Manager Date: Mathews Consulting, Inc. AA04flotk� (A horixed Signature) Rene L. Malhews, Pr s dent Type/print Name and Title Date: 12 Agreement - AS Services Mathews Consulting.doc 0 CORPORATE ACKNOWLEDOEMENT STATE OF COUNTY OF —&�M The foregoing instrument was acknowledged. before me this day of - ...,_ 2001 by ene L Math s Preside (name of officer or agent, title of officer or agent) of Mathews su in Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. Sig ture of Nidary Public -- State of rida KWIC, Armsr" ZT r. * * "' C*r" 1VWa+cce,4tyd Printed, typed/stamped name of Notary Public F*rwry28, 2ros Exactly as commissioned [a">Sersoitally known by me, or Produced identification; (Type ofidentification produced) ['(Did take an oath, or ❑ Did not take an oath 6 13 Agreement - AE Services Mathews Consulting.doc 1, - 2avid. ice, Mathews I the duly elected Secretary of a corporation organized and existing under the laws of the State of lodds do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. IT IS HEREBY RESOLVED THAT . Rene "athews the duly elected Prasldeat__ of be and is hereby authorized to execute and submit a Bid and Bid Bond, If such bond is required, to the City of Tamarac and such other instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by himther shall be binding upon the said corporation as Its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss ar damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SI IA" R Rene L. Mathews President David L. Mathews Vice President Given undK my hand and the Seal of the said corporation this day of (SEAL) _ By; F Secretary MATHEUrS CONSLU G`INC EXHIBIT A Billable Rate Schedule for City of Tamarac ect Houdy. Rate Principal Engineer ............................................... $125.00 per hour Senior Engineer — Level II ................................... $110.00 per hour Engineer — Level I ............. ............................... $85.00 per hour Construction Inspector .......................................... $75.00 per hour CARD Designer...................................................$80.00 per hour Technician .................•................. .....:...........$50.00 per hour Clerical.................................................................$45.00 per hour Min u le Angnses Reimbursable Expenses, including printing, postage, transportation costs (including *tmge), mealstlodging, laboratory tests analysis, and long distance telephone, are billed, on a direct cost basis. LubMnLultant sts % Subconsultant charges shall be billed on a direct cost basis plus 10% administration fee. Mathews Consulting, Inc. # 1601 Belvedere Road, Suite 213S 0 West Palm Beach, FL 33406 •361-478-7961 • Pax 561-478-7964 CE1�' C)F- . YCE - :. _ _.. '/16ro!71 .'IFICAT ti. + ' PRODum CX0VW A= LS UNIED AS A MATTER, OF DiFORMATION ONLY AM Collinsworth, Aker, Nielson, COM MU N0 RIGBrT11 UPON M CERTIrICATE NOLDSR. TW C>�iCATE DORS NOT Aa�tll. EXTCm OR ALTER TRR COVtRAGE AFFORDSD BY T� Fowler & Dowiing,lnc.(WMCIDIA) POLICIES Ma" COMpAMS AFFORDING COVERAGE 6979 NW 161_ Street, suite 105 COMPAIM LWTTpt A Lloyds Of London Miami Lakes, FL 33014 COMPANY Lam B iivstrRtO Mathews Consulting, Inc. =CGWANY ' C Attn: Rene Mathews 1601 Belvedere Road 1215S COWANY D West Palm Beach FL 33406 CONTANY E • � 96 . •4 TRIS IS TO CWLTIjY THAT THE POLICES OP N URANCE LISTED In OW RAYS BEEN UKIIIII.TO THE UWJR D NAMED ABOVE FOR T}I< POLICY PERIOD WICATW NOTNTLEWTAMM ANY RgQtJQ>MZYl. TRIM OR COIIDLITON OF ANY CONTRACTOR OTM DOLTPNIt a W1TH REWECT TO WHICH TMS CMIOWATZMATNIMMORUAY,MX?AtK2=06LWAMCZATYCM=BirUMM DESCRIBED MOM i5 SUSIEC`1 TO ALL TU TitRMS. tXCLUSIONS AND COlORFIM OF SUCK POLIO. LR= DOWN MAY HAVE Bgtir RtDUCtD RY PAID CLADM t R TYPS OF 24VRAMM POLICY posy Lt POLICY 07.POLICY DALE 0&&DD/YYI T". DAYS DMIMM&M �� GthTX4L iIASUXff GENERAL AGGREGATE COMM. C9WRAL LJADUM PROD-COMINOP ACC. CAWS HAVE UOCC. + I'ER& H ADY. MIRY OWNER'S a. CONTRACT'S PRO` EACH OCCURR> ICI RAIL DAMAcuOw Flea ! W- AUTOMOBIL S LIADMI TY COMBINED SINGLE ANY AUTO LOW ALL, OWNED AUTOS BODILY W1URY SCMMUi.SD AUTOS (AW penonl HDLID AlTTOS BODILY V4=Y 14ON•OWNO7> AUTOS iftir eteldml) ARACE LIADILWV PROPERTY DAMAGE U SXCW UA IW EACH OCCURRENCE TOWNt r0n==N AGGRECATE UMRELL.A FORM SLAYUTORY L LNM WORKERS' COMP&YSATION EACH ACCIDENT +: Y` DiSEAS&POLICY "MIT %1lPI OYER'S Lu.aLL mr vWU$6-SA;x De. A On= P62601 5/01101 5101/03 Professional 1,000,000 limits Liability each claim and claims -made form s annual aggregate DESCREMON Of OPERATIONS%.00ATtONSlVSRICLBSISPECiAL ITEMS CERMICATE BOLDER CANCELLATION SHOULD ANY OF THE ABOVE ntSCRZED POucgS BE CANCXLI.tD BEFORE THE EXPUtATION DATE TN EREOF, ill: LSSVWG COMPANY WILL INDEAVOR TO atAIL = DAYS WRLrrEY NOTICE TO mm CSA'iT cATg MOLDER KAMM TO wt LEFT. BITE FAILURE TO MALL SLICK NOT= SHALL 51105E NO OBLIGATION OR City of Tamarac LLA MITY OF ANY NC= UPON THE COHMW, TT5 AGL%= OR RSPRF.SMATIVXS• 7526 NW 88TH Avenue Tamarac, FL 33321-2401 ACORD IS-S (7190) 4-30 V/. f Z'0' — ::::•:::::::;. ; LATE(MYCOtYY) A�ORD. ;7:;i • ..: W Moouca' ......... ....... ... .. Ra ONLY AND CONFEas N0 - U-1 S UPON THE CERTMATB ,BCRC/XU= HMM R IM CERTIFICATE DOES NOT AM00, EXTEND OR t00 Xarket 8t, Sea. 3600 ALTER" COVERAGE AFFORDEDNY-THE POLK=AELOW. at. Louis * 43101-3500 CQMPANiEsAFFORWNO OVERAGE COWANY A Waxtiozd Xneurance C XRn any mg 6 Kathows ConsnitLag, I=. COMPANY C 1601 Bel'vedara Road. eta 219 8 heat PAU& Beach Ile33406 col0 XX 11To CowriFY TmAT TW rOUM CF OdWANCELWW @ELVW wive WIN TO iM NISiM i MM i":OATHE POUC i PUWO' ' OCrATW.NOrTwInWAMMGANYIMPS ITT.TEAMORQMOM MOFANYCONTRACTORO'T1MDO[.UMWWITHRasPWTOWNICHroft CT'RTvmlm MAY B'E OR MAY PIWAIN. THE 04UPA U APPOMM SYTHT: PM CW OeGPW W WW IS W-MA= TO AN.THE TERMS. EMCLIOOd AIID cOIgTTIOIIs OP SUCH POLCM& MM Dom MAY NAVE MN IIEDUCiD BYPND CLAW. 0 T OE OF BdSURANCE FOLwtI WT�Elt U LMS cEMIAALtwETTv ff!! WLAGWUTE $ Z 000 000 $l 000 000 k IMA X eBERC1AL6vmmLU"WW 8488200599 11/01/00 11/01/0% .PR000GT3•0OMPIOrAW MS CIAMOE a]OCCtR FFASONALagNmARY tit 00,000 EACNOCCURRONC6 $1 000,000 0WNW8aCONTAACTWCBPROT p+SIM FMQgA&WVWY.) 61,000,000 ExP an. wr+wa $ 10 00 A AIiTO►gaILR Lr,+eltmr X ANYAITO 04UZVLL7958 '=� 11/01/00 11/01/0; COMMEDWOOLS L"T S x,000,000 a00LY rs�Grtr ` s � Pam) • ALWA 4 AWM* 8[�D,lK.EO AUTOS ! i Y ) B X NIAEO AUM x NON OWHEO AUTOS PROPERTY QAMACt S GARAGE LUBB.TIY AUTO ONLY • EAACCIOENT a OTHO ws AUTO DILY ANY AUTO EACHACCIDENT S AOGAEanTa : D(CE83UASLTTY EACH OCCUFVVENCE S AGOREW►TE a UMARELMFom t OriIEATwW tIYIR><"FORM WOF4MRS COMPENSATION AND EMPLOYMLOWITI X EL EACHA0CE9NT $100,000• 3L -PAATTI wa X a+c� 84WBVJX6299 11/01/00 11/01/01 I&DISa-POUCYUBaTT �'S00°.b00.. At OWLAN E • U► EW'LOYEE S 10 0 0 0 0 • 0" CmARR EXCL - OTHER DESCAFTCH OF OPlRATIDNS/LOCAT*KVA IpCt =PGCIAL TTEM8 INCLTIDAD�VO SOF CLUDXD C 1' AID1[R 1�XT10OR p XR jgURXD. WLTVZR o9 SUBROGATION fiI:RT'tF1C�'.T.E: f#L•CiEii:.; � :::;: •� ::•:;::•:•::�::� -::=-:::•:'•:•:•:::::�:�::�:':::�C�UVCeL•tA'CtOM.:•:;:::�•�:�:�:�:�.':�:::;:.:•: ;•::: � ::� :� � � :�:� _i'r':�::�'i •�::=::� =: r ..... .......................... .....••---•........ ...... ............................................-....... . TAVJRR1t C C=ANY OF THE ►Nova OESGRIBEO POLICIES Ba CANCUUO BEFORE THE EXPIRATION DATE TI+OMW. THE ONING COMPANY WLL O"AWA TO MAIL AD_ OAT$ W RITTFT( trOTca To THE CTaR weATE HO(.OEA NAMED TO THE LEFT. CITY Q? TAMARAC 7525 XW 0 2TX JLVWM BUT IrAM MYa TO MAIL SUCH NOTICE 3H4R IMPOSE 00 65WAT" OR LUIBLIry OF ANY KIND UPON THE COMPANY. R3 AGENTS OR REPR£SENTATr46L TAXMC EL 33321-2401 ^^ CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT is Agreement, made and entered Into and effective this__ stay of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 88"' Avenue, Tamarac, Florida, hereinafter referred to as "City". ti and Eckler Engineering, Inc. a Florida corporation, with principal offices _located at 9381 W. Sample Road, Coral Springs FL 33065, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may 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, The tefrn of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants coinv'Altive T 11-legotiation Act, has selected "Consultant" to be most qualified to perform said continuing type 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: 1. 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. 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 intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects.as needed. Agreement • AE Services Eckler.doc Each speck task to be performed shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, 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. ATTEy,LIANCE 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 representativet of City and/or other organizations to discuss subjects not directly related to an already assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized. knowledge is needed by City, or a meeting conducted to develop or disseminate criteria 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. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain Independent contractor status. in order to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task. 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 each Job Number 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 each Job Number will identify the specific meetings to which : they apply. All fees for services on each Job Number will be Compensated as defined in Section III.A. herein. B. REVI VN OF DEVELOPMENT PLANS. When requested by the City,' Cbiasultant 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 it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering design, including preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. Acreement • AE Services Eckler.doc 4. Surveying property plats and descriptions. 5. 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 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 with City's Capital Improvement Project Number and title, if applicable, date approved by City Commission, If required,. and signed by Clty'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. 8. 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. 11, CiTY FURNISHED ITEMS A. City shall designate in writing specific individuals, by title, who will Yharized to Issue written and/or oral instructions -to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume. that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background Information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite 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. AC Carvirwe Vrklar AN.. III. PEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services" 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. Direpf _Hourly Llus Direct Salary.C4sts and „ eimbur�emerlf for „Non"sp ary 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 plus appiicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A', and attached hereto, shall be used to calculate all ,times 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 previously defined herein). 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 are not 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 analyses; long distance telephone and printing. 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 acceptance, unless some other mutually agreeable period of required payment is established In authorization for a specific task. Consultant shall submit monthly invoices to City through-,. the., appropriate or designated project manager, The Director or designee 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. 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. 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, 4 Agreement - AE Services Eclder.doc except for oral authorizations regarding each Job ' Number. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. agCORDS/�t,J ID_TS. The Consultant shall maintain during the term of the contract all books, reports and.records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records. and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward,-Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimurA period of one (1) year beyond the last day of the contract term. 8. INSURANCE. Consultant agrees to, In the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, if any, with respect. to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance In such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance In full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall Indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits ofiaa1sumnee coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Buslnessl Coverage Occurrence Commercial General Liability . $1,000,000 Including: Premises/Operations Contractual Liability" Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Aggregate $1,000,000 5 Aareement - AE Services Eck;er.doc Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" farm -policies shall be required. Each carrier will give the City thirty-(30) days notice prior to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond.to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consuitant must provide the City with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for ProfessionafUibiil'ity. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. Agreement - AE Services Eckler.doc C. INTERR P ON POSTPONEMENT, ABANDONME . In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any 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. D. 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. E. 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 may be enforced 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 at the City's discretion, F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE. 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. City shall have the full right to use all data developed pursuant to this Agreement 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. All data prepared or furnished by Consultant (and Consultant's independent professional associates and Consultants) nun unrit to this Agreement are instruments of service in respect of the project,`and Consultant shall have the ownership and property interest therein whether or -not the project is completed. 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 seated and signed by registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without the express written permission of Consultant. G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with 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. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Agreement - AE Services Eckler.doc INDEPENDENT ONTRACT R. CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits; purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstance's, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City. shall deal through the Consultant only. However, if the company Is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall not relieve the construction contractor(s) of its obligation to conduct comprehensive inspections of the work sufficient to ensure conformance.with the intent of the Contract Documents, nor shall the contractor(s) be relieved of 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. L. ONSITE MONITORING. Consultant's resi&Ft_,'° pr8'ject 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 in accordance with the Contract Documents. M. TIME OF PERFORMANCE. Consultant shall commence performance on each specific task authorization upon receipt of written Notice to Proceed from City. The work shall be completed in accordance with the schedule included in the authorization. N. 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; da`.a; etc. City shall be responsible Agreement • AE Services Eckler.doc for all necessary approvals from all City of Tamarac departments, and administration of public meetings in City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. 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, Consultant shall correct It 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. 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. ti P. EXTRAS RV ES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agrebment between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, 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. Q. 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. R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must hA ^teen by written notice, hand delivered, or sent by cedified United States mail, With retum 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: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above An samwnf . AF .4nrvicrs Fckler.doc For Consultant Donald A. Eckler, P.E., President Eckler Engineering, Inc. 9381 W. Sample Road Coral Springs, FL 33065 S. TERMINATION W _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 darihages 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. T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other Engineering firms as Consulting 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. U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac, its officers; elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) to the extent caused.:by .lonsultant's negligent acts, errors or omissions associated with Consultants"duties and responsibilities pursuant to this Agreement. V. 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. W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Engineering practices. if Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. in Anrea.nan4. A= C,&Alh+ae Fr41a►dnr. X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE MA&URE. In the event that a change in City provided information, change in law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal in writing within fifteen (15) days of receipt of Consultant's proposal. Z. PROHIBITION AGAIUST CONTINGENT._ FEES. The professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not, paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any. fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or . otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration In the terns and 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. BB. AUTHORIZING ACTION. This Agreement., ,% entered into by Q pursuant to a Resolution of the City Commission passea at a meeting held on , 2001. 11 Aoreement -AE Services Eckfecdoc IN WITNESS WHEREOF,'the parties have duly executed this Agreement the day and year first written above. ATTEST: By:� IVIIHOKSW96s6fi, CIVIC City Clerk ATTEST: i A (Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC a Florida Municipal Corporation By: . 606 Schreiber, Mayor Date: By: p� �.. %'lye• Jeffrey L: Milk, City Manager Date: • /b v Eckier Engineering, Inc. 'Authorized Signature) Donald A. Eckler, P.E. President Type/Pdnt Name and Title Date: 6121 /Q / 17 Anraamaml . AF SapAe-Aa Frkler.doc 9 CORPORATE ACKNOWLEDGEMENT STATE OF 1-1 COUNTY 0F_�[f7�,1.. The foregoing instrument was acknowledged before me this 2fZ day of %J ' 2001 by Donald A. Eckler.,P.E.. President (name of officer or agent, title of officer or agent) of Eckler En ineeri0,g (._(name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. ummil= oon+m Cep. VIMSig ture o Nota Public — State of Florida t+y NoCOW? Printed, typedistamped name of Notary Public � t vra++rr w+e� uorw � Exactly as commissioned Personally known by me, or Produced identification: (Type of identification produced) (] Did take an oath, or ;g Did not take an oath 13 Agreement - AE Services Eclder.doc �- - 4 U PRO • I, Donald A. Eck(er, the duly elected Secretary of Ecklgr Engineering, I , a corporation organized and existing under the laws of the State of Florida, do hereby certify that the following Resolution was unanimously adopted`and passed by a quorum of the Board of Directors of the said corporation at'a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT 12onald A. kl r, the duly elected President of Eckler Engineering, Inc., be and is hereby authorized to execute and submit a Proposal to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Proposal and other such instruments signed by him shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE Donald A. Eckler Pra Ident SIGNATURE Given under my hand and the Seal of the said corporation this 21°t day of June,. 2001. (SEAL) By: Donald A. Eckler President `- Corporate Title Page 1 of 1 t � These hourly rates will be utilized through the five-year term of this contract. If there are extensions to the contract, these rates may be modified. PERSONNEL .CATEGORY Principal Engineer 8 Engineer 7 Engineer 6 Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Technician 4 Technician 3 Technician 2 Technician 1 Secretary Administrative Assistant $154.00 $145.00 $129.00 $114.00 $102.06 $ 84.00 $ 82.00 $ 71.00 $ 69.00 $ 95.00 $ 84.00 $ 64.00 $ 68.00 $ 64.00 $ 40.00 E E S Expenses will be as outlined in Section ill, Fees and Payments, Paragraph A.1., page 4, with the addition that subconsfiitants will be billed at cost times 1.1. I. These hourly rates will be utilized through the five-year term of this contract. If there are extensions to the contract, these rates may be modified. PERSONNEL .CATEGORY Principal Engineer 8 Engineer 7 Engineer 6 Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Technician 4 Technician 3 Technician 2 Technician 1 Secretary Administrative Assistant $154.00 $145.00 $129.00 $114.00 $102.06 $ 84.00 $ 82.00 $ 71.00 $ 69.00 $ 95.00 $ 84.00 $ 64.00 $ 68.00 $ 64.00 $ 40.00 E E S Expenses will be as outlined in Section ill, Fees and Payments, Paragraph A.1., page 4, with the addition that subconsfiitants will be billed at cost times 1.1. I. r 1' IIV-4 -2a01 15) 0? SJNCLAST 11`ISL.R " A L: VicuJ •,:•�& "r ``.CbL GF F'1�:. # 1Y : , : Ob/;dL/uj. FIIOOLICP.Rr a. t: FII! C. TE IS ISSVV;Q AS A NU1TrEFt QF INFORMA7110N Surcoast Insurance UnoCiates ONLY AND CONFERS NO FUGHITS UPON THE COMICAIE !P.O. Sox 22668 AM HE COVERRAGE APORD00 BY TTAIM PPOUC1=e10O% Tampa , FL 3 3 6 2 2- Z 5 6 L caIAPAHIt°S AFFORDING Eckler Engineering, Inc. 9381 W_ Sample Road Coral Springs, FL 3306S �c As Paul Fire &_Marine - COWAMr aAmerican Manufacturers Mutual cCSecurijy Ins of Hartford _ — I O pAW a �.'.«�S M�[vwR�.�i ESNiT',w'vw.. �i. '�M.a - -r.• -.� ... r...-t:.i.:%+.eA:•e :•'� �.►'e.r. .•"...."..�~...�:...: �.•��.: •♦ ..... ..� •�w... .. w.i•i.:y j•.v r 4,w .Z•.: THIS IS TG CERTIFY THAT THE POLICIES Or 1NSURANOE LIST•EO $FLOW )LAVE AEEN IM90 TO TM INWAVO NAMED ABOW FOR TNC FOU. CY FIRIOO INOR:ATEO, mo MTNSiTANDINO ANY 1k9Qt11R5EN% TEAM OR CONDITION OF ANY CONTRACT OR OTNEII DOCtMMEHT VNTN RESPECT TO VWICH THIS CERTIFICATE MAY DE ISSUED OR MAY MTAW. THi INSURANCE AFFOROEO AY THE Poo= OESCF9SED HIIREIN 13 SUBIItCT TO ALL THE TEIM$. _ EXCLUSIONS AND CONOITION�B OF SUCH POLIC10— LIM.fTIi sY10�I MAY NAVE WIN REOUCEByPAID CLAIMS. _ Li1L II rot of Mn1)"Mce I a ►OUCYNI Sat -i'a I p wonrw UX" I A camea I.uASIuw EK00760093 � 11/27/00 11/27 01 Jcer+ wtAGGRe"11 14, 000100 COWERCft0iI+MML.WRAIY 1 IFR4000T>:Ca1+�rA�AGKi I$4, 000 Q �'LAEAt NAOE OCCUR PElIsOl�AL S AD\ LN.9IAY- .Si~, Q Q C , (� 20 �• 01NhER's t CONTP.&MOKS PROP "CH CCCURRENCF, —12. 00 Q 00 r1RE oynAOE Anyastwo s2 g 090 � 000 MID EXP(Amwo en) 110 000 I A L AVmvwuLIASK" EXOD 160093 111/27/00 11 27/01 COMSS003IN SLUT *Included I MY AUTO ' ALL CWHIM AUTOS 1 j 1L�Y t�J1 JRY '[ scMsanED AVTos FIX I HKO AUMI ' I 900 ILY INJURY I S 1 X HoMawxeoAlrroc LPM ► 1 PILOrSRTYOAMAaB I dA11AGE UALRtiTY AUTO ONVY-EA ACCIDiI+T -- Is ANY AUTOOTHER Tw1N AUTO ONLY _` ; - f = ! 1r EACN ACGIOe}I'f 7i • ,r .. "`• " r—� y �. 1 AOpLY6►Ti eft EWES$ LIAINLrIY f � 1 I EAC— H OCCURIIINCE A— t,WRtL A tow 1 V llypK I►VN� YIIIORil4/, r�rtvn 1 8 I wo"M WkWKSATION AND 7 CQ 612 4`14 0 2 I 0 5 01 / 01 I 0 5 / 01 0 Z 1 STATUmORT IxARS b�-, - r .:M !E1d�LAYtRi'LIM1L11Y EACNACCIDENT �iS1O G0O Ti1EPRL)rluiTOar �nret I I!olsEAseralcYL►acr 500 000 iFAI4TNERS�xCCU 1 t0 FAat•EACN MviOYEE S10O OQO OF'FICgKt AR EXCL C I aIIIER AEE0113424 112 02 00 12 02 O1 1, 000, 000 Each Claim 'professional $2,000,000 Ann. Agg. �+iAbility I I - I 093CItfr4H OF OPERA'11ON>rILOCAT10 Sft11CL.az401EW,l rnus Professional Liability is Claims made and reported. ! The City of Tamarac is listed as an additional insured with respects to the General Liability Policy. }.7 py� .i4:WeiFwa w.��wi �'�'M. err.. s.�„w f :Q..�V.i�N r:..` i`. :. T;�4�:�+i •re:� �. �+��I�i �i�.,�i�/ti;}• ,.. ..!w..:..,.+wrw:..... ^wr: ..,.v-, ..... - rw..".�.+-R•NCr�:��N�:".,'v...:�•!".....,�. .. ... - • • .. acuo AMY ar THE AODYE DEWMICO POIICIE$ as CANCELLED Won TWE City of Tamarac rApIRATICN CATS TrrxEoA• TMi ISSUNR COWrANY VNLI, SHC�,VOR l0 MAIL 7 5 2 S NW 8 8 t :1 Avenue 3 Q__. DAYS Y/MMN NOnCt TO TH[ CElL71rIC.LTf NO�D511 NANO TO TFK LECT. Fort Lauderdalc, FL 33321IV7WLURETCMwLwCNwoTICE1MALLMpCUNOCaucAIIOMO?l�AIKUTY OF ANY KUM UPON r"d COMPANY. Iri AGENTS ck R[►R EWTATHEt. ■WTW CLIP Rt•Rtt[vTAnVt . / J� iORD 15:5ijMi'.i:�:o�.' t, :ec 9'S 1M-06 7 CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this day of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 8e Avenue,'Tamarac, Florida, hereinafter referred to as "City" and Williams, Hatfield and Stoner, Inc., a Florida corporation with principal offices located at 2101 N. Andrews Avenue, Suite 300, Fort Lauderdale FL 33311, hereinafter referred'to as "Consultant". WITNESSETH: WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may 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, The term of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City in accorciai,.,,, vith Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type 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: 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. 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 intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects as needed. Anraamant . AF Raminna Watt Hatfield doc Each specific task to be performed shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, shall be identified by a separate Job Number established by Consultant. The specific services which Consultant agrees to furnish and theterms 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 representativds of City and/or other organizations to discuss subjects not directly related to an already assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized knowledge is needed by City, or a meeting conducted to develop or disseminate criteria 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. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain independent contractor status. In order to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task. However, Consultant shall not attend any particular meetings unless City has issued speck oral instructions that Consultant is to attend. The scope of work for each Job Number 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 each Job Number will Identify the specific meetings to which - they apply. All fees for services on each Job . Number will be compensated as defined in Section III.A. herein. B. REVIEW bo`-,EVELOPMENT PLANS. When requested by the City, 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 it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering design, including preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. 2 Agreement - AE Services Wms. Hatfield.doc 4. Surveying property plats and descriptions. 5. 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 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 with City's Capital Improvement Project Number and title, if applicable, date 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. 8. 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 s; iwi , 3sighate 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 designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State' or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite 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. Agreement - AE Services Wms. Hatfield.doc III. FEES AND PAYMENTS A. Each written proposal from Consultant for an Individual task as required in Article 1 "Scope of Services" shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hour) lus Direct S@Iary Costs and Reimbursement 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 plus applicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A", and attached hereto, shall be used to calculate all times 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 previously defined herein). 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 are not 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 analyses; long distance telephone and printing. 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 acceptance, unless some other mutually agreeable period of required payment is established in authorization for a specific task. "i6tulfnt shall submit monthly invoices to City through the appropriate or designated project manager. The Director or designee 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. 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. 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, Acreement - AE Services Wins. HatfieidAcc V. except for oral authorizations regarding each Job Number. Each separate task authorization shall include information as to start and completion times for that task. MISCELLANEOUS PROVISIONS A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant,, its employees, agents, or subcontractors, If any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such Insurance. ` i ne°following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Commercial General Liability $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross'Liability and Severability of Interest Clause Aggregate $1,000,000 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the. necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated.at least A-Vll per Bests Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies shall be required. Each carrier will give the City thirty.(30) days notice prior to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims-Madewforms are acceptable for Professional Liability. 1 City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carved by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. Agreement - AE Services Wms. Hatrietd.doc C. INTERRUPTION, PQS,T2ONEMENT,._ABANDONMENT. In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any 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. D. 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. E. DISPUTES AND _INTERPRETATIQU. In the event of any disputes as to the interpretation ,of the terms of this Agreement, the decision .of City shall be final and may be enforced 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 ragard to the interpretation of this Agreement. If Consultant disagrees with the decision of City, the dispute may be decided by arbitration at the City's discretion. F. RIGHTS IN DATA, COPYRIGHT$, 01SCLOSURE. 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. City shall have the full right to use all data developed pursuant to this Agreement 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. All data prepared or furnished by Consultant (and Consultant's independent professional associates and Consultants) pursuant to this Agreement are instruments of service in respect of the project, and Consultant shall .have the ownership and property interest therein whether or not the project is completed. 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 registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without the express written permission of Consultant.. G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with 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. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Agreement - AE Services Wms. Hatfield.doc I. INDEP NDENT CONTRACTOR. CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. J. ASSIGNMEN . Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City ' shall deal through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall not relieve the construction contractor(s) of its obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, nor shall the contractor(s) be relieved of 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. L. ONSITE MONITORIN9, '''�^sultant'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 in accordance with the Contract Documents. M. TIME OF PERFORMANCE. Consultant shall commence performance on each specific task authorization upon receipt of written Notice to Proceed from City. The work shall be completed in accordance with the schedule included in the authorization. N. 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 Agreement - AE Services Wms. Hatfleld.doc for all necessary approvals from all City of Tamarac departments, and administration of public meetings in City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. 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, Consultant shall correct it 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. 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. P. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, 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. Q. 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. R. 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 certifie—'&Uhited 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: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above 9 Anraorranl - A= Cpry rr¢ Wm¢ Ha-`efd.doe For Consultant Anthony A. Nolan, President Williams, Hatfield and Stoner, Inc. 2101 N. Andrews Ave., Suite 300 Fort Lauderdale, FL 33311 S. 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 daniages 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. T. . NON-EXCLOIVE AGREEMENT. City reserves the right to contract other Engineering firms as Consulting Engineer; 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. U. INDEMNIFICATION, Consultant, its directors, officers, 'stockholders', heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac, its officers,- elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) to, the extent caused by Consultant's negligent acts, errors or omissions asso'cia eu" Mith Consultak's duties and responsibilities pursuant to this Agreement. V. 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. W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Engineering practices. if Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct' errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. 10 An•u--t _ A C (s—i— M— LJwr9.1,4 AIn i X. A ORNEY$' FEES. in the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE MLJEURE. In the event that a change in City provided information, change in law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal in writing within fifteen (15) days of receipt of Consultant's proposal. Z. PROHIBITION.,, AGAINST ,CONTINGENT FEES. The .professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm_, other than a bona fide employee working solely for the professional Engineer any .fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award. or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration In the terms and 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. BB, AUTHORIZING_ ACTION. This Agreement is entered into by Cit pursuant to a Resolution bflhetCommission passed at a meeting held on 2001. ' IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above, ATTEST: By: Midiion Swenson, CMC a City Clark To �i=ity i mey Date; e 1- ATTEST: (Corporate Secreta ry' - DAr4-4 1;!� 1. r 44 Type/Print Name of Corporate Secy. (CORPORATE"SEAL) CITY Q,,T_AMARAC a Florida Municipal Corporation r By: CR e Schreiber, Mayor Date: `7- / 6 -- d / By: . ��- Jeffrey L. iller, City Manager Date: Williams, Hatfi}ffand Stoner, Inc. Type/Print Name and Title Date: 4 • n. 0 1 CORPORATE ACKNOWLEDGEMENT STATE OF_4�, The foregoing instrument was acknowledged before me this _ day of a 2001 by An h ony A. Nolan Presiders (name of"officer or agent, title of oger or agent) of Williams, 11affield and Stoner Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. J. .� ^: V4: '�4Ta4y' :��.' �. Signature of ary Public — State of Florida " My mays �� i Printed, typed/stamped name of Notary Public 005767 Exactly as commissioned Pus ``� 2lersonally known by me, or �F �Lp �,,,,,,11" ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath 44 e,.-.... Ace-4-Mr- uelfeW dnr. 1, YAW 6r445&ZM (Name), the duly . elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of 110c�_ , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and Bid Bond, ifsuch bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be .fully protected in relying upon such certification .of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person -so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signres of those persons authorized to act by the foregoing resolution. ��/� TURF L. • I[�,.i r.: Given under my hand and the Seal of the said corporation this ZZ day of �A , 20 0/ (SEAL) By; Secretary Car orate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. D.- 4 w.! 4 WII.LIAMS, HATFIEL'D & STONER, INC. Consulting Engineers • Planners • Surveyors EXHIBIT MA" Environmental Scientists SCHEDULE OF HOURLY RATES FIVE-YEAR RATE SCHEDULE EFFECTIVE J'ANUARY 1, 2001 HOURLY ,RATES FOR PERSONNEL I. Professionals Engincers (Ca). Land Snrvern (L). Planners (P), CPA (C), Environmental Scientists (s) a. Grades 1 and 2 ; b. Grade 3 $65.00/Hr. c. Grade 4 $75.00/Hr. d. Grade 5 ' SMOO/Hr, e. Grade 6 $100.00/Hr. f. Grade 7 S I I5.00/Hr. g. Grade 8 _ $130.00/Hr. h. Grade 9 $155.00/Hr. $200.00/Hr. 2. Engineering & Surveying Technicians a. Grade 1 b. Grade 2 $45.00VHr. c. Grade 3 $50.00/Hr. d. Grade 4 $60.00/Hr. e. Grade 5 s $70.00/Hr. — $80.00/Hr. 3. Drafters & Illustrators. a. Grade I b. Grade 2 c. Grade 3 d. Grade 4 4. Resident Project Representatives a. Grade 1 1.— , Grade 2 c. Glade 3 d. Grade 4 e. Grade 5 5. Field Survey Parties a. 2-Man Party b, 3-Man Party c. 4-Man Party 6. Word Processing Operator a. Grade 1 b. Grade 2 c. Grade 3 d. Grade 4 7. Administrative Support a. General Office b. Accountant land 2 c. Accountant 3 This schedule is reviewed annually, S35.00/Hr. $45.00/ffr, = S$0.00/Fir. $60.00ft. $50.00/Hr. a $55.00/�Ir. $65.00/W. $75.00/Hr. S90.00/Hr. $110-OO/Hr, $125.00/Hr. $140.00/Hr, = 335.00/Hr. S45.00/Hr. $55.00/Hr, S65.00/Hr. S35.00:Hr. = S45.GC;Y.r. $55.0O3Hr. WILLIAMS, HATFIELD & STONER, INC. EXHMIT "A" Consulting Engineers • Planners • Surveyors Environmental Scientists SCHEDULE OF REIMBURSABLE EXPENSES FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001 OTHER CHARGES 1. Expert Witness Services a. "On -Call' Time at Courtroom and Testimony _ $200.00/Hr. b. Pre -Trial Consultation (Min. Chg. 4 Hrs./Day) @ Hourly Rate 2. Transportation and Travel a. Transportation Fares, Lodging and Subsistence Cost Plus 10% b. Automobile Mileage m $0.32 Per Mile 3. Reproductions a. Black -line Prints $0.20/Sq. Ft. b. Mylar Reproducibles = $2.00/Sq. Ft. c. Photocopies (Standard) $0.10/Sheet/Side d. Photocopies (I V x 17") _ $0.20/Sheet/Side e. Outside Printing Service — Cost Plus 10% 4. Recording and Permits Fees = Cost Plus 10% 5. Services of Outside Consultants Cost Plus 10% (Electrical/Mechanical Engineering, Environmental Consultants Engineering Testing Laboratories, Photogram=try, Title and Abstracting Services and Other Outside Consulting Services) 6. Special Field Supplies = At Cost 7. "w;. '' unit Survey Equipn;ent a. Modular Survey System (Total Station) _ $ I0.00/Hr. b. Global Positioning System.(GPS) _ $100.00/Hr. 8. Computer Aided DesignMrafting (CARD) A. Computer Design Systems — $10.00/Hr. ** b. Computer Drafting Systems $20.00/Hr C. Geographic Information System (GIS) _ $25.00/Hr, ** 9. Delivery and Courier Services Cost Plus 10% ** Per hour of actual computer use. Charge includes in-house software library but does not include operator. CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this_ATILday of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 88"i Avenue, Tamarac, Florida, hereinafter referred to as "City" and Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563 NW 531d Street, Fort Lauderdale FL 33309, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may 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, The term of this Agreement is for a period of five (5) years, beginning the first day following executidn by the City; and il4`i-IEREAS, City in accordance with Florida Statues Section 287.065, Consultants Compet�tivir Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type 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. 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 intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects as needed. AC e.....; !^.fa.,enihnrnman.doc 1 Each specific task to be performed shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, 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 assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized knowledge is needed by City, or a meeting conducted to develop or disseminate criteria that will be needed by City in order to establish a new task, br a meeting at which Consultant is to act as a representative of City. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain independent contractor status. In order to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task This Agreement shall be deemed as the written authorization for that task. 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 each Job Number 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 each Job Number will identify the specific meetings to which' they apply. All fees for services on each Job Number will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, 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 it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. Engineering design, including preparing constructicn documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. 4. Surveying property plats and descriptions. 5. 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 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 authorisation. ti 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 with City's Capital Improvement Project Number and title, if applicable,- date 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. 8. 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. 11. 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 designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation, B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite 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. Ill. . FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required -in Article 1 "Scope of Services" shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct -Hourly.._plus Direct Salary Costs and Reimbursement for Non-sala y Cysts. 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 plus applicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A", and attached hereto, shall be used to calculate all times 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 previously defined herein). 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 are not 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 analyses; long distance telephone and printing. B. METHOD QF „E&Y_ 1gNT. 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 acceptance, unless some other mutually agreeable period of required payment is established in authorization for a speck task. Consultant shall submit monthly invoices to, City through the appropriate or designated project manager. The Director or designee 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. 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. 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, 0 except for oral authorizations regarding each Job Number. Each separate task authorization shall include information as to start and completion times for that task. MISCELLANEOUS PROVISIONS A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Beoward, Dade or Palm Beach Counties, all books of account, reports and records Kelating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, 0 any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion; Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate an4 endorsement. The Consultant will ensure that all subcontractors will comply with the above' guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A VII per Beat's Key Rating Guide and be licensed to do business in Florida. "Occurrence' form policies shall be required. Each carrier will give the City thirty-(30) days notice prior to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the FConsultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed, Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. C. INTERRUPTION P STP NEMENT ABANDONMENT. In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any 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. D. 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. E. 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 may be enforced 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 at the City's discretion. - F. RIGHTS IN DATA, COPYRI9HTS. DISCI,_OSURE. 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, City shall have the full right to use all data developed pursuant to this Agreement 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.. All data prepared or furnished by Consultant (and Consultant's independent professional associates and Consultants) pursuaPt_tq, this Agreement are instruments of service In respect of the project, and Consultant shall have the ownership and . property interest therein whether or not the project is completed. 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 'registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without.the express written permission of Consultant. G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with 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. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Anr.ATan/ . A Cnrviep-q C(7V9n ThOMOSWIAOC for all necessary approvals from all City of Tamarac departments, and administration of public meetings in City. Consultant shall prepare. exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. 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, Consultant shall correct it 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. 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 C'dy. S. P. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, 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. Q. CONSULTANTS 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. R. 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: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above Anrapmwnt . Al: SANifi19 craven ThoMrson.doc For Consultant Robert D. Cale, III, P.E. Executive Vice President Craven Thompson & Associates, Inc. 3563 NW 531 Street Fort Lauderdale, FL 33309 S. TERMINATIQN 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. T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other Engineering firms as Consulting 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. U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac, its officer§, 'elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, Ic or damage (including reasonable attorney's fees) to the extent caused by Consultant's negligent acts, errors or omissions associated with Consultant's duties and responsibilities pursuant to this Agreement. V. 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. W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Engineering practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. I . Ate.. i—# - A= Q—i—* t%--n ihmmn%nn doe X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. HANGES AND FORC JEUR in the event that a change in City provided Information, change In law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or. dispute such proposal in writing within fifteen (15) days of receipt of Consultant's proposal. Z. PROHIBITION AGAINST_ CONTINGENT FEES. The, professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability .and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. it is further agreed that no modification, amendment or alteration in the terms and 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. BB. AUTHQRIZINQ ACTION. This Agreerrent�, -entered into by C' pursuant to a Resolution of the City Commission passed at a meeting held on / 2001. 11 Anraaman! - AC Q—A— e,,rwnn Thmmmenn M& IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST:. .'. By. MariOn5fwenson, CIVIC City Clint ATTEST: F ( orporate Secretary Robert D. Cole, III I ype/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF_TAMARAC a Florida Municipal Corporation By nC e go Schreiber, Mayor Date: %- / (a - d i By. Je rey L. Miller, City Manager Date: Craven Thompspfi &h9soclates, Inc Signature) Thomas M. McDonald, &� M WY6 President Type/Print Name and Title Date: 6 / 18 / 01 4n ""------• .——. .--- "-- ...-1------A-- CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledgged before me this 18th day of Thomas M. MaDonal.d, Jane 2001 by Ratas�®xeslar C k1w President (name of officer or agent, title of officer or agent) of Craven Thom son & Associa es Inc (name of corporation acknowledging), a F arida (state or place of incorporation) corporation, on behalf of the corporation, e.YIa MAATHA 010110L M0 COMMISSION # CC 720285 EXPIRES APR }2002 BONDED IV4 WOF P ATW= BONDING CO., INC. *gnature&ofkN4o%__t_aj ry ublic —State of Florida Printed, typed/stamped name of Notary Public Exactly as commissioned Personally known by me, or ❑ Produced identification: t'ypq of identification produced) ❑ Did take an oath, or ® Did not take an oath CRAVEN THOMPSON & ASSOCIATES, INC. Corporate Resolution The Board of Craven Thompson & Associates, Inc. does hereby state that either of the following people are authorized to execute contracts on behalf of Craven Thompson & Associates, Inc. and that only one (1) signature is required: Thomas M. McDonald, President 00 Robert D. Cole, III, Executive Vice President/Secretary WHEREFORE, the undersigned has executed February, 2001. on this the 2711 day of TH MAS M. McDON'ALD, President OBERT D. COLE, III, Executiv , resident/ ecretary STATE OF FLORIDA COUNTY OF BROWARD Sworn to and subscribed to before me this 27" day of February, 2001, by Thomas M. McDonald and Robert D. Cole, III, both personally known to me or who have produced as identification, PATT9 D. JOYCE Not ublic, State of Florida 'r•�``v i st'''�•,, Patricia 1)Joyce ? • C"=iW02 # CC 720329 i � �; MAMb 23, 2002 EXHIBIT "A" SALARY COSTS Jun-01 r" Gty of Tamarac CONSULTANT:Craven Thompson & Associates, Inc. (2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHDICT Al TAMBXA.615.XLS �r h EXHIBIT •B" SCHEDULE OF EXPENSES AND OTHER CHARGES 1. Travel and Subsistence a. Out-of-town Transportation, Lodging and Subsistence = in Accordance with b. Automobile Mileage = F.S.112.061 2. Reproduction and Reprographics a. Blueiine Prints b. Vellum and Sepia c. Mylar Reproducible d. Chide Printing e. Xerox (Standard) Copies 3. Recording and Permits Fees 4. Services of Outside Consultant's S. Special Survey Field Supplies . 6. Delivery and Courier Services * Based on 2-foot width tames length of sbxk used. z $0.21/$q. Ft.* $.50/Sq. Ft.* $2.00/Sq. Ft* = At Cast plus 100/6 s $0.10/Sheet = At Cost plus 10°% = At Cost plus 10°% = At Cost plus 10% = At Cast plus 10% "EXHIBIT 2" TR #10902 CITY OF TAMARAC Task Order Authorization No. 06-03E Engineering Services for 12-inch Force Main (82°d Street and University Drive) DATE: February 6, 2006 BACKGROUND This Task Order Authorization is for the performance of engineering design, permitting, bidding and construction services by Mathews Consulting, Inc (Consultant) pursuant to the Continuing Engineering Services Agreement between Mathews Consulting, Inc. and the City of Tamarac (City), hereafter referred to as the Agreement. The work is for force main system improvements in Tamarac Utilities Service Area described herein. DESCRIPTION OF WORK The force main improvements are as follows: • Install approximately 1,400 linear feet of 12-inch force main along NW 82nd Street (from NW 75'h Avenue to Nutmeg Court). The project is part of the City's FY 2006 CIP and this force main modification will provide force main system flexibility under emergency conditions by providing an interconnection between the east and west sides of University Drive. This will include crossing University Drive, which is a State Road, with a directional drill. The University Drive crossing will be between 200 and 400-feet. • Pavement trench repair with pavement overlay in all areas of work and intersections (as directed by FDOT). ►YK1] W M11I`.'L11 N N The services provided under this authorization will be divided into defined tasks in order to perform the required engineering services. The following is the description of the tasks to be completed by the Consultant: Task No. 1 — Data Collection Subtask 1.1 Utility Coordination Coordination with utility agencies (Electric, Telephone, Gas, and Cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verification information. 02/06/06 Subtask 1.2 — Survey Verification Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing for the force main design only. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by the baseline station with an offset distance (left or right) from the baseline for the project and will include the following: A. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of-way of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: Electric, Telephone, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean -outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine, and the City of Tamarac. C. Identify platted rights -of -way (including bearing and distances for centerline), lot numbers, house address, ownership lines (per property tax information provided by City), block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. B. The above topographical survey data will be prepared in AutoCAD (Version 2005) format at a scale of 1"=20'. The CAD drawing shall also include: ■ Location of soil borings. ■ Location of utility pot -holing. Subtask 1.3— Field Verification MC shall furnish the services of a professional underground services company to locate buried utilities at key points and utility crossings by "soft dig" methods. Key lateral crossings may also be verified by "soft dig" methods at critical locations. The cost of providing the professional 02/06/06 2 underground services company will be treated as a utility location allowance with an authorized upper limit. Task No. 2 — Final Design Final design shall consist of preparation of Contract Specifications, Contract Drawings (plan/profile), and Final Construction Cost Opinion. Subtask 2.1 — Construction Documents for Force Main Design Preparation of construction documents shall include contract drawings and technical specifications. Contract drawings shall include: cover sheet, general notes, plan/profile drawings, and miscellaneous detail sheets. The drawing scale shall be 1-inch equals 20 feet for pipeline plan and 1-inch equals 2 feet for pipeline profile. Consultant shall prepare the engineering design elements on topographic survey information in an AutoCAD release 2005 format. Contract documents shall include: "front-end" documents and technical specifications and shall conform to the City of Tamarac Standard Details and Specifications, and FDOT requirements. Drawings and specifications (five copies) shall be submitted for City review at 60%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one set of AutoCAD Version 2005 files in electronic format on CD. Subtask 2.2 — Construction Cost Opinion Preparation of construction cost opinion at 60%, 90%, and 100% design stages. The construction cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Subtask 2.3 — Design Meetings Consultant shall attend and distribute minutes for kick-off meeting and three design review meetings. DELIVERABLES TASKS DELIVERABLES QUANTITY 1. Construction Document 60% Drawings & Specs 5 — Sets (11" x 17") Production 90% Drawings & Specs 5 — Sets (11" x 17") Cost Estimate @ 60%, 90% and 100% 5 - Sets 100% Drawings & Specs 5 — Sets 11" x 17" 2. Bidding Services Bidding Sets 20- Sets (11" x 17") Addenda if required As required 3. Permitting Services Permit Applications 4 — Sets 4. Construction Services Complimentary Sets (City, Bid Exch.) 6 — Sets (11" x 17") Construction Sets 8 —Sets (11" x 17") 02/06/06 Task No. 3 — Permitting 1. Broward County Environmental Protection Dept.: Consultant shall prepare and sign/seal permit application forms for Broward County Environmental Protection Dept. and submit the required documentation for the permit and address agency comments or concerns. Associated permit application fees shall be determined by Consultant and paid by City. 2. Florida Department of Transportation: Consultant shall prepare and sign/seal utility permit application forms for Florida Department of Transportation (FDOT) and submit the required documentation for the permit and address agency comments or concerns. Associated permit application fees shall be determined by Consultant and paid by City. Task No. 4 - Biddiniz Services City will be responsible for advertising the project and the sale and distribution of plans and specifications. Consultant shall provide Bidding Services to support the City as follows: Compile a set of bid documents for reproduction using the project plans, technical specifications and the City front-end documents. Provide up to twenty (20) sets of bid documents for distribution by the City to potential bidders. 2. Attend pre -bid meeting and provide meeting minutes. 3. Respond to written questions by potential bidders and if needed, assist the City in issuing addenda. 4. Review bids and recommend award of contract. City Purchasing Department prepares bid tabulation. Task No. 5 — Construction Administration Subtask 5.1— Preconstruction Conference Consultant shall attend a preconstruction conference with representatives of City and Contractor for the construction contract. Consultant shall prepare, in writing, minutes of conference. Subtask 5.2 — Submittal Review Consultant shall review and process shop drawings, samples, schedules, certifications and any other data which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the construction contract documents. Consultant will submit reviewed shop drawings/submittals to City for their records. Subtask 5.3 — Monthly Construction Meetings Consultant shall attend monthly construction progress (4) meetings to be held at an acceptable location and provide a written summary of the issues discussed. 02/06/06 4 ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. Construction Inspection services and Project Certification (e.g. record drawings, Broward County Environmental Protection Dept., FDOT, etc.) is not included in this Task Order Authorization. If requested by the City, they will be provided under a subsequent Task Order Authorization. 2. City will review Contractor monthly pay requests. One (1) directional drill underneath University Drive is included in this Task Order. 4. Total Roadway Reconstruction is not included in this Task Order. City will provide Consultant record drawings of all utilities in the project area that shall serve as the basis of design in this project. 6. City will hire Geotechnical Firm to provide soil borings information. This shall include up to five (5) soil borings to determine soil strata identification and to determine the ground water level. 7. City personnel will assist in limited field verification of affected existing City facilities. 8. Consultant can assume that all existing and proposed force main alignment is within City of Tamarac (82"d Street and NW 750' Avenue), and State of Florida (University Drive) rights -of -way. No roads under Broward Couprights-of-wayrights-of-w4y are included in this project. If a Broward County Engineering Permit is required, it will be provided under a subsequent Task Order Authorization. City will provide front-end documents and required City technical specifications on computer disk (latest edition of WORD). 10. City will be responsible for any acquisition of easements (including temporary). Consultant shall assist City with legal description and sketches of easements as required, including temporary construction easements of property required for facilities (this work would be provided under a separate Task Order Authorization). 11. A single bidding effort is assumed. Re -bidding of the project is considered an Additional Services item. 12. City shall televise sanitary sewer system in project area and provide Consultant with locations of any sanitary sewer laterals in project area, if required. 13. 82"d Street and NW 75`" Avenue is under City of Tamarac (and not Broward County) jurisdiction. 14. University Road is under FDOT jurisdiction. 02/06/06 CONTRACT PERFORMANCE Proposed schedule and fees for completion of major work tasks are summarized below. COMPLETION DATES: CONSULTANT will commence services upon receipt of written authorization. The duration of major work tasks are summarized below and detailed in Attachment A. Tasks Approx. Duration per Task Task 1 — Data Collection 30 days Task 2 — Final Design 85 days Task 3 -- Permitting 60 days') Task 4 -- Bidding 60 days Task 5 — Construction Administration 105 days (" Estimated, based upon usual regulatory agency review period. SUMMARY OF PROPOSED FEES: Costs associated with this Consultant Service Authorization are provided below and detailed in Attachment B. Tasks Cost Task 1 — Data Collection $ 10,786,00 Task 2 -- Final Design $ 20,785.00 Task 3 — Permitting $ 2,855.00 Task 4 — Bidding $ 1,970.00 Task 5 — Construction Administration $ 7,400.00 Reimbursable Expenses $ 2,204.00 Subtotal $ 46,000.00 Utility Location Allowance 4 000.00 Total Authorized Amount $ 50,000.00 (Not -to -Exceed) Additional Services - The fee for Additional Services shall be billed using the Hourly Rate Schedule contained in the General Contract, or as an agreed upon fixed fee. 02/06/06 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through an authorized official of the City and Mathews Consulting,Inc. signing by and through Rene L. Mathews President and David L. Mathews (Vice President) duly authorized to execute same. CITY OF TAMARAC: By: �eA JeffrL. Ailler, City Manager 4t Date: 3Lk0 AIR MATHEWS CO,NFULUNG, INC. By: Rene Date: and By: J�� David L. 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