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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-088Temp. Reso. #10966 May 5, 2006 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. 06-05E WITH ECKLER ENGINEERING, INC., TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN OF ALL NECESSARY REPAIRS TO THE WATER TREATMENT PLANT CLEARWELL, INCLUDING PREPARATION OF DETAILED PLANS AND SPECIFICATIONS FOLLOWED BY PERMITTING, BIDDING ASSISTANCE, AND ENGINEERING SERVICES DURING CONSTRUCTION, IN ACCORDANCE WITH THE CITY'S CONSULTING ENGINEERING AGREEMENT AS AUTHORIZED BY RESOLUTION NO. R- 2001-185, FOR AN AMOUNT NOT TO EXCEED $39,300.00; APPROVING FUNDING FROM THE APPROPRIATE BUDGETED UTILITIES OPERATIONAL ACCOUNT; 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 water supply, treatment, and distribution systems; and WHEREAS, the City of Tamarac operates a 60,000 gallon clearwell, which is an integral part of the Water Treatment Plant ("WTP"); and WHEREAS, the recently completed 2.0 MG Water Storage Tank and WTP Improvement Project (Bid No. 04-17B) required the Contractor to provide cleaning and structural integrity inspections of all finished water facilities within the City of Tamarac in accordance with FAC 62-555.350; and Temp. Reso. #10966 May 5, 2006 2 WHEREAS, Crom Engineering and Construction Services, Inc. ("CECS"), inspected the 60,000 gallon clearwell and found it to have severe structural deterioration and in danger of structural failure; and WHEREAS, the City needs to complete Structural Repairs of the Water Treatment Plant Clearwell as recommended in the CECS Report (a copy of which is attached hereto as "Exhibit 1"); 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, bidding assistance, and engineering services during construction of the Structural Repair of the Water Treatment Plant Clearwell Project; and WHEREAS, Eckler Engineering, Inc., possesses the required knowledge and experience to provide the professional engineering services associated with the Structural Repair of the Water Treatment Plant Clearwell; and WHEREAS, Eckler Engineering, Inc., has been pre -qualified as an approved consultant for engineering services by the City of Tamarac as authorized by Resolution No. R-2001-185 (a copy of which is attached hereto as"Exhibit 2"); and WHEREAS, it is the recommendation of the Director and Assistant Director of Utilities that Task Authorization No. 06-05E from Eckler Engineering, 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. 06-05E (a copy of which is attached hereto as "Exhibit 3") with Temp. Reso. #10966 May 5, 2006 3 Eckler Engineering, Inc., to provide services for the design, permitting, bidding assistance, and engineering services during construction of the Structural Repair of the Water Treatment Plant Clearwell Project for an amount not to exceed $39,300.00 and to provide funding from the appropriate Utilities Operational account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 06-05E with Eckler Engineering, Inc., to provide engineering services for the design, permitting, bidding assistance, and engineering services during construction of the Structural Repair of the Water Treatment Plant Clearwell Project, 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 $39,300.00; and SECTION 3: The $39,300.00 is approved to be funded from the 2006 Utilities Operational account. SECTION 4: The City Manager, or his designee, is 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. 1 Temp. Reso. #10966 May 5, 2006 4 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. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day ofJ(ne , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO JJ DIST 1: VIM PORTNER DIST 2: COMM. ATKINS-GRAD ate DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER S OREN-J­-a,Ff CITY LITTORNEY 1 CECS I N C O R P O R AT E D Tank Inspection Report City of Tamarac 0.06-MG Ground Storage Tank Tamarac, FL January 20th, "EXHIBIT 1" TR #10966 Wr4U t XCEPI'ON TAKEN DMiAKE CORRECTIONS NOTED DRE;ECTED OREVISE AND RESUBMIT OSUBMIT SPECIFIED ITEM Checking is orgy tar flMfd conformance with the dowgp concept of the prow and general compliance vvith toe information gh►on in the contract cocuirtents. le('y sctron shown is subjslct to the requireinems of the plzns and specifications. Contractor is responsible foi:' dimensions which shall be Confirmed and correlated' at the lob site. fabrication rrocesseb and techniques of construction, coordination of his work with thzt of all otnei trades, and the satisfactory performance of Ibis work eerlcla, lix, BYf'IC!.) Crom Engineering & Construction Services, Inc. Jeffery D. Malpass, P.E. President Irvin C. Rubin Project Manager CR❑M ENGINEERING FY CONSTRUCTION SERVICES. INC_ 250 SW 3Gth Terrace • Gainesville, Florida 321307. 352-548-3349 • Fax: 352-548-3449 TANK INSPECTION REPORT 1.0 Executive Summary Crom Engineering and Construction Services, Inc (CECS) conducted an inspection of the 60,000-gallon clearwell in Tamarac, Florida on January 20tn 2006. The goal of the inspection was to review the status of the tank and its structural integrity, and to determine what measures, if any, are necessary to bring the tank up to present codes and standards so that the longest useful life of the tank can be realized in meeting the intent of Florida Administrative Code Chapter 62-555.350. Irvin Rubin, CECS Project Manager, performed the inspection with the assistance of Wendell Swilley from Underwater Services International, Inc. His findings were reviewed by Jeffery D. Malpass, P.E. and sealed. The findings of the wet inspection revealed significant deterioration of the clearwell top slab as well as several supporting beams (See Video and Field Inspection Report for specific locations). Two beams in particular show cracking throughout the length of the beam 4 to 5 inches from the bottom of the beam indicating that the beam bottom reinforcing is corroding. This corrosion has resulted in the concrete below the bottom reinforcing spalling from the rest of the beam. The underside of the clearwell top slab has extensive spalling. The slab has exposed reinforcement bars which have completely deteriorated and no longer support the slab. As a result of the findings, CECS recommends a comprehensive concrete restoration of the clearwell's top slab and beams including the replacement of reinforcing bars. The complete deterioration of the #7 reinforcing bars in the clearwell top slab is of concern regarding the slab's structural integrity. CECS recommends placing temporary shoring inside the clearwell until the necessary repairs can be made to the structure. 2.0 Scope of Work The purpose of the inspection is to investigate the structural integrity of the 0.06- MG clearwell. The investigation included the interior and exterior walls of the tank, the roof slab, floor, and tank accessories. The inspection was a visual survey of the structure with no invasive procedures employed. The tank was inspected in accordance with AWWA D110 and ACI 350 to evaluate the present condition of the tank structure. The tank was cleaned prior to the interior inspection. 1 The tank was physically examined for any visible problems such as leaks or cracks, any location that was questionable, was looked at closer to determine the extent of the problem. The wall was observed for any deterioration, cracking, spalled concrete, and signs of corrosion or any indicators of existing problems such as efflorescence or damp spots. The inspector was provided access to the concrete roof slab. The concrete slab was inspected for any cracking, efflorescence, spalled concrete, and signs of corrosion or other indicators of existing problems. Tank accessories were looked at to determine the extent of the weathering of the fiberglass and the condition of the bolts, fasteners and the screens. All penetrations were checked for signs of leakage into the tank. All areas of concern were noted and mapped in the inspector's field notes. A dive team was given access to the interior of the tank and a video record was made of the interior inspection. The process was monitored on the surface by real time closed circuit video. The interior wall and floor were observed for cracking, spalled concrete, and signs of corrosion, or other indications of existing problems. Piping and internal accessories were checked for corrosion and condition of their supports, bolts, and anchors. The tank was fully surveyed and a record was made of all observations. Photographs were taken as an additional record of the inspection. 3.0 Field Investiaation See attached Field Inspection Report, 4.0 Conclusions and Recommendations The inspection of the 0.06-MG tank at the City of Tamarac's Water Treatment Plant has been carried out in accordance with AWWA D110 and fulfills the requirements of FAC 62-555.350. The inspection of the cast in place clearwell revealed serious deterioration issues with the clearwell roof slab and supporting beams. 0) (1) Condition of clearwell roof slab: Extensive deterioration of the concrete roof slab was observed during the inspection. The two east most bays of the main room in the clearwell exhibit the most severe degradation. Concrete has spalled off the bottom mat of steel, exposing the reinforcing and resulting in complete disintegration of the steel. Consequently, the load carrying ability of the #7 bars spaced at 6.5 inches running north - south has been compromised. CECS recommends placing temporary shoring inside the clearwell to support the damaged slab. Further deterioration of the slab is inevitable and necessary repairs should be made to prolong the useful life of the tank. As a result, CECS recommends a comprehensive concrete restoration of the clearwell slab. (2) Condition of clearwell roof slab support beams: The support beams also show signs of severe deterioration. Two beams in particular show cracking throughout the length of the beam 4 to 5 inches from the bottom of the beam indicating that the beam bottom reinforcing is corroding. This corrosion has resulted in the concrete below the bottom reinforcing spalling from the rest of the beam. CECS recommends placing temporary shoring inside the clearwell to support the damaged beams. Beam bottom reinforcing steel is now exposed to the destructive elements of the tank and further deterioration of the beams will be accelerated, amplifying the importance of swift action to make necessary repairs. As a result, CECS recommends a comprehensive concrete restoration of the clearwell supporting beams. (3) Window to clearwell: A gap between the plexi-glass cover and the clearwell wall on the east wall of the main room was also noted by the inspector (See Figures 3 and 4). Contaminants and insects can enter the tank through this opening and affect the water quality. CECS recommends sealing this gap. Since CECS' inspection was a visual survey of the structure without any invasive or destructive procedures or test, CECS cannot offer an opinion on the condition or performance of the covered or hidden elements of the structure not visible from the surface. The proceeding report is submitted for your review and discussion. We would be pleased to discuss the results with you. If you have any questions or concerns, please do not hesitate to contact us. 3 Respectfully submitted, Crom 116g6ieoring and Construction Services, Inc. JefF -D. Malpass, P.E. President El Figure 1 - Location of 0.06 MG clearwell Figure 2 - Exterior of facility pump building above clearwell Figure 3 - View of window to clearwell Figure 4 - View of gap between plexi-glass window and building Figure S. Top of slab covering the 0.6-MG Clearwell. r V Figure 6. Cleaning robot used by AMPS to remove sediment from tank floor. Sediment was as much as 18-inches deep in some spots. APPENDIX 1 CECS I N G 0 R R © R A T E D TANK DETAILS Location Owner Engineer Diameter (ft) Volume Inspector(s) CROM ENGINEERING AND CONSTRUCTION SERVICES, INC. 250 5W 36th Terrace Gainesville, Fl. 32607 352.548.3349 - FAX 352.540.3449 Date: 1-20-06 Tamarac Utilities West Water Treatment Plant City of Tamarac Eckler Engineering, Inc. NA Side Wall Depth 0.06 MG Dome/Open Top Dome Irvin C. Rubin Yes No Comments/Photos FOUNDATION 1 Is the tank backfilled? X 2 Does the footer appear to be level? N/A 3 Are there any gaps between the wall and the Tooter? N/A 4 Is the Tooter undermined anywhere? N/A 5 Floor/wall connection monolithic? Additional Comments: Yes No Comments/Photos FLOOR 1 Has the tank floor been cleaned? X 2 Waterstop type X Cast -in -place detail 3 Are there any visible cracks on the floor? X 4 Are there any rough spots on the floor? X 5 Are there any pipe penetrations through floor? X (size, distance above floor, etc.) 6 Are there any sumps? (size and depth) X Yes No INTERIOR ROOF SLAB 1 Is there any exposed rebar? X See Video and attached drawing for locations 2 Is there any exposed mesh? x 3 Are there any spelled areas? X See Video and attached drawing for locations 4 Was the dome painted? (condition) X Additional Comments: The two east most bays of the main room have severe deterioration of the roof slab. There are large areas of spalled concrete with exposed rebar. Many of the reinforcement bars have completely corroded through. Yes No Comments/Photos BEAMS 1 Is there any exposed rebar? X See Video and attached drawing for locations 2 Are there any cracks? X See Video and attached drawing for locations 3 Are there any spalled areas? X See Video and attached drawing for locations Additional Comments: Three beams have large cracks which run the entire length of the beam approximately 4 to 6 inches from the bottom of the beam. The cracks range from hairline to 1/8" wide. Yes No Comments/Photos INTERIOR WALL 1 Are there any hollows? X 2 Are there any cracks? X 3 Are there stains on the wall? X 4 Was the wall painted? (Condition) X Additional Comments: Interior wall appears to be in good condition. No Comments/Photos EXTERIOR ROOF SLAB 1 Are there any chips and spalls? X 2 Are there any cracks? X 3 Are there any flat spots? X 4 Are there any humps? X Additional Comments: Exterior of slab appears to be in good condition "There is a gap between the plexi-glass window and the tank wall which should be sealed in order to keep outside contaminants and insects out of the clearwell - See Figures 3 and 4. Zy� V O 5 ua ¢U` � FZS %0 M 2 ti u°i V a j<O4fi� 1 w O � Z a a 3 x x 0 � 0 z z ° H wi 1 )\�\ i\ a�(§ 2!\2P 2! ¥» u\ƒ2 22 a \§ \7§ §\2 j\ § \[\\)§ §) (;,, 0,I §2 \) 02 (� zM Wo (00 L—, "EXHIBIT 2" Temp. Reso. #9434 TR #10966 Page 1 June 18, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-185 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 THOMPS.ON & 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 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 11 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 3. Carr Smith Corradino 4. Chen & Associates 5. Craig A. Smith 6. Craven Thompson 7. Eckler Engineering 8. Geoverse > 9. Hartman & Associates 10. Hazen & Sawyer 11. Lakdas/Yohalem 12. Mathews Consulting 13. Miller Legg 14. PBS&J 15. Reynolds Smith & Hill 16. Rhon Ernest -Jones 17.Tamara Peacock 18.TBE Group 19. Williams, Hatfield & 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) R 1-1 Temp. Reso. #9434 Page 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 & Associates, Inc., Eckler 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 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. w Temp. Reso. #9434 Page 4 June 18, 2o01 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11TH day of July, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. "ITCHELL CITY ATTORNEY IL JOE SCHREIBER MAYOR f.x6161:l1-Z41x*Z*7',IT, I&IIIIf] ZWa Way" MAYOR SCHREIBER e1 DIST 1: COMM. PORTNER A el DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF jAxe, DIST 4: COMM. ROBERTS Aye, CITY OF TAMARA►C CONTINUING ENGINEERING SERVICES AGREEMENT r day of his Agreement, made and entered into and effective this.,�1..�. . f Florida, 2001 by and between: i al corporation, created pursuant to the h Florida, herei after re State oeferred to City of Tamarac, a munic p 8g�' Avenue, Tamarac, with principal offices located at 7525 NW as "City„ and corporation with principal offices io o aesd,Cnsupnt"- Miller Legg & Associates, Inc., a Florida rp Douglas Ro ad, Suite 200, Pembroke Pines FL 33024, hereinafter referred to WITN SSETH: professional Engineering services on a continuing basis to perform WHEREAS, City requires p direct; arid such specific services as City may expert skill Sand is qualified to WH EREAS, Consultant has the professional experience and perform the required services; and o engage Consultant upon the terms term and dditiconditions;set and low, WHEREAS, City desires t 9 engagement upon such t p and Consultant is willing to accept such engag 5 ears, beginning the first day WHEREAS, The term of this Agreement is for a period of five O Y the City; and following execution by Competitive accordance with Florida Statues Section led t.055, PBrfarm Consultants Cnuing type WHEREAS, City m Negotiation Act, has selected ,Consultant" to be most qua services as City Consulting Engineer, - consideration of the mutual promises contained herein, and intending NOW, THEREFORE, m co the pales agree as follows: to be legally bound hereby, l SCOPE OF WORK entntractor to perform certain City hereby engages Consultant aegis to perfoM► said services upon the terms and services and rConsultant Wafter set forth hereby agrees conditions he City of Agreement shall be those of the which shall be revised as necessary byConsultant oft mee the Standards of Design wh work under this Ag vela s Tamarac, if available,proposed projects. Consultant shall de p anda intent of the p p Consultant shall perform Engineering services related to various available from City, as needed. miscellaneous projects 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 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 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: 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 Services Miller Legg.doc t 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. It. 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•doc I - Ill. FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services' shall include speck information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hourly 12lus Direct Salary 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. 8_ 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, Agreement - AE Services Miller Legg.dcc 1. 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. 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 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 Agreement - AE services Miller Legg.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" 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 -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. Agreement - AE Services Miller Legg.doc C. INTERRUPTION, POSTPONEMENT. 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, 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) 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 wrtten permission is granted by City. Agreement - AE services Miller Legg.doc 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. 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 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 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 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 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. 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 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 Agreement - AE Services Miller Legg•doc For Consultant Robert H. Miller, President Miller Legg & Associates, Inc. 1800 North Douglas Rd., Suite 200 Pembroke Pines, FL 33024 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 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 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. 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 Agreement - AE Services Miller Legg.doc X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE 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 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 C'M pursuant to a Resolution of the City Commission passed at a meeting held on , 2001. 11 Agreement - AS 5ervic4s Miller Legg.doc IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. CITY OF TAMARAC a Florida Municipal Corporation ATTEST:- _ Marton Sw nson, CMC OZe Schreiber, Mayor City Clerk Date: 7- ATTEST: (,Corporate Secretary Dan-.- T��t�.ex�..n E Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) By: O� /.. G,�.t.. Jeffrey f.Qill, City Manager Date: 7, 1 6 -• O 1 4 MILLER LEGG A'- AQCIATES, Inc . (Signature of David L. John, P.B.,5x3 Vice President Type/Print Name and Title Date: 06/28/2901 12 Agreement - AE Services Miller Legg.doc CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF,^Tar-ward _ The foregoing instrument was acknowledged before me this 2 8 th day of June , 2001 byDavid z . John, p . E . , (name of officer or agent, title Sr. vice president of officer or agent) of MILLE13 LEGG ASSOCIATES (name of corporation acknowledging), a Florida (state or place of incorporation corporationInc bealf of the corporation. Signature of Notary Public -- State of Florida Printed, typed/stamped name of Notary Public Exactly as commissioned t1 Personally known by me, or ❑ Produced identification: (Type of Identification produced) ❑ Did take an oath, or [}Did not take an oath Barbara L Iicrgcn cam# MY c0yvisS10;4 6 1 Wit:; : ,, jxiiR�s s MiD rMp'J ikff! 13 Agreement - AE Services Miller Legg.doc I CERTIFIED RESQLUTION I, Dan A. T i n t n e r , P.E. (Name), the duly elected Secretary of i l l e r, L (Corporate Title), 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 David L. John, P.E. (Name)", the duly electedIII (Title of Officer) of Mill & (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 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 nior ProjQct Manag Given under my hand and the Seal of the said corporation this day of (SEAT_) By: _ Secretary �- Miller —Legg & Assoc., Inc. _ •_ _ Corporate 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. Page 1 of 1 0 ENGINEERS - SURVEYORS A MAPPERS - PLANNERS - LANDSCAPE ARCNITECl- - GIS - ENVIRONMENTAL PROFESSIONALS �R Corporate Office: 1800 North Douglas Road • Sulte 200 • Pembroke Pines, FL 33024-3200 (954) 436-7000 - Fax: (954) 436-8664 • www.mMedegg.com F ASSOCIAitt, INC 2001 HOURLY RATE SCHEDULE TITLE HOURLY RATE Administrative $ 45 Technical Assistant $ 50 CAD Technician $ 60 Field Representative $ 60 Senior Field Representative $ 70 Technician $ 70 GIS Data Processor $ 75 Senior CAD Technician/Landscape Designer ,-r $ 75 Environmental Scienbst/Risk 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 Senior Project Manager/GIS Coordinator $125 Engineering/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 ENGINEERS - SURVEYORS A MAPPERS - PLANNERS • LANDSCAPE ARCHITECTS - GIS • ENVIRONMENTAL PROFESSIONALS rLtE� Corporate Office: 1800 North Douglas Road • Suite 200 • Pembroke Pines, FL 33024-3200 (954) 436-7000 • Fax: (954) 436-8664 - www.mMerlegg.com L.e A ASSOCIATES. INC "celebroling 35 Years - MILLERS 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 Fax Transmissions $1.00 Official Record Docs $1.00 Orflces located in: Pembroke Pines, FL (954) 436.7000 Wellington, FL (561) 798-9981 Orlando, =� (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 88'h 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 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 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. 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 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: 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 . Aw Services Mathews Consulting.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 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 Gonsutting.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 Hourly plus Direct Salary 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. 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 Servicts Mathews Consutting.doc 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. 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 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 Agreement - AE Services Mathews consulting,doo 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" 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 -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 Mathews Ccnsuning.doc C. INTERRUPTION, POSTPONEMENT, 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 COPYRIGHTS. DISCLOSURE. 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 Mathews Consulting.doc 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. 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 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 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 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 ConsUning•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 ,fo 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 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 Agreement - AE Services Mathews Gonsutting.doc For Consultant Rene L. Mathews, P.E., President Mathews Consulting, Inc. 1601 Belvedere Rd., Suite 215 South West Palm Beach, FL 33406 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 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 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. 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 Agreement - AE Services Mathews Consulting.doc X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE 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 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 Q pursuant to a Resolution of the City Commission passed at a meeting held on l I , 2001. 11 Agreement - AE Services Mathews Consulting.doc IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST: By: - Marion Swetfson, CIVIC City Clerk ATTEST: (Corporate Secretary David L. Mathews Type/Print Name of Corporate Secy. (CORPORATt SEAL) CITY -OF AMARAC a Florida Municipal Corporation r By: e Schreiber, Mayor Date: Jeffrey Mi er, City Manager Date: 7, /6 r0 / Mathews Consulting, Inc. Akl+d�24� (Addhorizied Signature) Rene L. Mathews President Type/Print Name and Title Date: _ U -16.-0 j 12 Agreement - AE Services Mathews Consulting.doc CORPORATE ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of r , 2001 by Rene L. Mathews President (name of officer or agent, title of officer or agent) of Mathews Consulting, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. �7- SignWure of N.elary Public �ol . * '* Mr c«„m &W0n CC914478 Printed, typed/stamped name of Notary Public ;'- inn FO"21, 20" Exactly as commissioned 215ersonaily known by me, or ❑ Produced identification: (Type of identification produced) [Did take an oath, or ❑ Did not take an oath 13 Agreement -AE Services Mathews Consulting.doc I, , David-L. -Mathews the duly elected Secretary of Mathews Qonsulti„ng,Inc., 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 Rene LMathgww_W the duly elected _ President -- of Mathews Consulting, InQ, 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 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 pro#ected 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 following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SI A R Rene L. Mathews PresidentAI TaUz:� David L. Mathews Vice President Given and my hand and the Seal of the said corporation this day of 2001 --. (SEAL) _ By; Secretary l►�iFlt�T�� • . � : � a MATHEWS CONSULTINGC ; .N EXHIBIT A Billable Rate Schedule for City of Tamarac Direct Hourly Rates Principal Engineer ............................................... $115.00 per hour Senior Engineer — Level U. .................................. $110.00 per hour Engineer — Level I ............................................... $$5.00 per hour Construction Inspector ......................................... $75.00 per hour C.A.DD Designer ........................... ....$80.00 per hour Technician ................... $50.00 per hour Clerical.................................................................$45.00 per hour Reim ursable cnse Reimbursable Expenses, including printing, postage, transportation costs (including mileage), meals/lodging, laboratory tests analysis, and long distance telephone, are billed on a direct cost basis. Subconsultant Costs . Subconsultant charges shall be billed on a direct cost basis plus 10% administration fee. Mathews Consulting, Inc, • 1601 Belvedere Road, Suite 215S • West Palm Beach, FL 33406 •561-478-7961 • Fax 561-478-7964 OF ISSUE DATE OOUDOPM CERTIFICATE -INS . f. - _ :: - 6/15101 PRODUCER THIS CERTIFICATE IS ISSID AS A MATTER OF INFORMATION ONLY AND Collinsworth, Altar, Nielson, CONFUS NO RIcaTS UEONTUX CERTIFICATE HOLDER TaIS CERTIFICATE DOES NOT AMI ND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fowler & Dowling,lnc.(WMC/DIA) - COMPANIES AFFORDING COVERAGE 5979 NW 151, Street, Suite 105 `L� A Lloyda of London Miami Lakes, FL 33014 COMPANY LET = L"a,TrRE� COMPANY �.y C Mathews Consulting, Inc. LETTER Attn: Rene Mathews COMPANY Lrrm D 1601 Belvedere Road #215S LETT'ETt E LETTER West Palm Beach FL 33406 THIS a TO CERTIFY THAT THE POLICIES OF 94URAPICZ LISTED BELOW SAVE BEEN ISSUED. TO TIM INSURED NAMED ABOVE FOR THH POLICY PMOD INDICATED- NOTWrrwrANDING ANY REQUDUM KI;'IERM OK CONDITION OF ANY CONTRACT OR OT1'J= DOCTM T WrM RESPECT TO WHICH = CERTIFICATE MAY U IS4(IM OR MAY MTAIN, THE INSURANCE AETONDO) DY TNR POLICIES DESCRMED EMPI t LS SURMC I' TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LASI'PS SHOWN MAY HAVE BEEN REDUCYD BY PAID CLAIMS. C TYPE OF INSUBAr = POLICY NUMBER POLICYPOLICY DATE 04M/DWM EXP. DATE NuffiDWY) LIMIT'S GEN13LAL LIABILITY GENERAL AGGREGATE COMM. GVWRAL UABH.ITY PROD-COMPrOP AGC. CLAIMS MADE "OCC. + PFBS. k ADV. D'WRY OWNFY'S A CONTRACTS PROT EACH OCCURRENCE I = DAMAGB(One Fin) • MRD. EXP. One AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LOA" ALL OWNED AUTOS BODILY INJURY SCHEDULED ALTOS (Ptr on-AW HIRED AUTOS BODILY INJURY NON-OWHED AUTOS (Per "TkIEW) GARAGE LIABILITY ' PROPERTY DAMAGE ExCBSS UABH.ITY EACH OCCURRENCE UME■X1to FORM AGGREGATE OTHER THAN UMBRELLA FORM STATUTORY LZVRI'S WORKERS' COMPENSATION EACH ACCIDENT AND DISEASE -POLICY LLB IT LWPLOYER'S LIABILITY DtM&SE-EACH EMP. A OTrMR P62601 5/01101 6/01 /03 Professional 1,000,000 limits Liability each claim and claims -made form annual aggregate DESCRIPTION OF OPERATIONSILOCAT10NS.WIMCLEWSPECIAL MM-S CERTIFICATE BOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED FOUCIxS BE CANOU rsn BEFORE THE EXPDtATTON DATE TI =()F, THE ISSL'RNG COMPA.tiY W ILL ENDEAVOR TO M M _aCL_ DAYS WRri"MN NOTICE TO TIFF CERTIFICATE HOLDER N&M-ED TO THE LEFT, Bt;T FAILLTIE T'0 MAIL SUCH NOTICE SILAI1 LMPOSE NO OBLIGATION OR L.IA.BILTTY OF ANY KIND UPON THE COMPANY, TrS AGENTS OR REPR. SLCrAT7VT.S. City of Tamarac 7525 NW 88TH Avenue A4THORRED Tamarac, FL 33321.2401 ACORD' -S (7/90) 4. DATg . ......................... 06119101 PreDOU li THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFLRS NO RK WS UPON THE CERTIFICATE ACXC/XAlgX HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 400 YArket 9t. Sto. 2600 ALTER THE COVERAGE AFFORMBYTHE POLICIES BELOW. St. Louis go 63101-2500 COMPANIES AFFORDING COVERAGE COMPANY A Rarttord Insurance Campany MLSURCO COMPANY B COIAPANY C Mathew Consultirsg, Yna. D 1601 Solvedere Road* Ste 215 S West paid peach M 33406 .G THIS Ls To cERTIFY THAT THE Poo= OF 11MRANCE LSTEA 011LOW HAW VAN XWEO TO THE SGUREO NA M ABCT6 ►Oil TK POLIO/ PEPNDO ImoiCAm. NOTr merrAmmIG ANY RE mram Nr. TERaT 04 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE a$= OR MAY PFRTAIK THE MURAHCE AFPORM BY THE POLICES OESORAIEO HERAIN IS SIMACT TO ALL THE TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLXXM LOM SHOWN MY HIRVE &UN REDUCCO BY PAID CLAWS, L71 TYPE OF INSURANCE POLILYNUMBER POLICYEFMTNG DATE WWO YY) POMEWMTION DATE VA4WM LMS . GENERAL L IAB4JTY GEIIGRAL ACIGAIGAT[ f 2, 0 0 0, 000 $2,000 000 A X C:OMMERMALGIHERALLAVIL17Y CLAM UWE a O=W 848DXGQ0509 li/Di/00 11/01/01 .PRODtxTs-Commi,Am PERSONAL A ADN MNURY i t 00 0 0 0 0 EACH OCCURILEMCar 11,000,000 OWNERS i CONTRACTOR'S PROT FW OAMAGA (AM im o) i1 000,000 ' 1 WED rAP (MY Orr person) f 10 00 0 l► AUTOMOBKxUABILITY X ANYAUTO 84UZVLL7958 11/01/00 :� 11/0110; COMBIIEDSINGLEL"T 31110001000 BODILY NdtlRY f ALLOWNED AUTOS . SC�:IE ED ALTOS I BODItY M11UIiY (Pef gec+aentl f Y HIM AUTOS X L NON-0W NEO ALTOS ! I PROPERTY OAIMW E f ! I - GA&WALIASILITY AVrOONLY -EA ACCIDENT f OTHER TITAN AUTO ONLY: Ally AUTO EACH ACCOOff f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE S AGOREGLTE f UMBRELLA FORM i OTHEfI TITAN UiIBREU:A POW WORKERS COLIPENSATION AND W X I EL EACH ACCIDENT 13100,000 EWLOYERSLIABILITY EL DISEASE -POL.ICYLNWT S S001000. A, THEPROPRIETOW pcL PARTNEASITVE oFPICERSAPARE, E%4L :E: 84WBVJX6298 11/01/00 11/01/01 EL OISEASE - EA EMPLOYEE f 10 0 , 0 0 0 OTHER OESCR(ITION or OPIRATIONKQCAT*N3NW4IICLLLV&PECUL ITEMS CITY OF�g VORSQF CC�3ZD AS ADDITIONAL CO�p�t D. NAIVYR OF SUBROGATION OR WORK CET- IFICATE fiOtCifri3:' . ..: '.::.. : ::.:::.::...................... • - - - -:.. . . TLct SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E "ATION DATE Tme". THE ISSUING COMPANY WILL ENDEAVOR TO MAUL i 0 _ DAY$ W WTEN NOTICE TO THE CFRTFIC ATE HOLDER NAM TO THE LEFT. C17Y OF TAMASLLC BUT FAILURE TO ► AA SUC>♦ NOTICE SHALL IMPOSE NO OBLIGATION OR L"LTY 752 S NW 8 9TH AVZM OF ANY KINO UPON TX% COMPANY. ITS ACENTS OR R6PRESENTAT'VES � T1YJMC FL 33321-2401 n h er`nb'ri•nc.t+7iiAc4'•'C•.•: •'-.:- '' .... }i:-}l,:.•.•.-._-.• ll. C'�'.. •JATS.Gi�:IDQ�:: CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this__L 1__,_ 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 88' Avenue, Tamarac, Florida, hereinafter referred to as "City" 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 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. 1 Agreement • AE Services Eckler.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 representativeis 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 min mite 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 1 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 Services Eck!er•dac 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. 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. 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. 3 Aernnment . AF Servic-es Etlder.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 Hourly plus Direct Salary-Costsand Reimbursement for Nan -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. Consultant sliall 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 sha!I be performed, and no payments shall be made, unless specifically authorized by separate written communication from City to Consultant, Agreement - AE Services Edder.doc IJ 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 B award, 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 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 Anraament - Ac Services Eckler.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 Besfs 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 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 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. Agreement - AE Services Edder.doc C. INTERRUPTION, POSTPONEMENT ABANDONMEN . 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. CQPYRIGHTS. ,DISCLOSURE. Definition. The term "data" as . used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. Z. 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 professignal 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. Aqreement -AE Services Eckler.ftc 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 circumstance's, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the Cityshall 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 resident project representatives will make reasonable efforts to guard City against defects and deficiencies in the work of the contractors) 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 conceming any assigned project, less any betterment to City. ti 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 cedified 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 g Anrrtment . AE Services Eck:er.doc For Consultant Donald A. Eckler, P.E., President Eckler Engineering, Inc. 9381 W. Sample Road Coral Springs, FL 33065 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 darbages 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 Consultant's negligent acts, errors or omissions assbciated 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. 1n A...ww -4 AC 0_ :n CA-. oAAA X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE 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 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 C' pursuant to a Resolution of the City Commission passed at a meeting held on 2001, 11 Acreement - AE Services Eckler.doc IN WITNESS WHEREOF,'the parties have duly executed this Agreement the day and year first written above. ATTEST: By: Mahon Sw son, City Clerk ATTEST: e d (Corporate Secretary ���•� fir Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC a Florida Municipal Corporation By. /640 Schreiber, Mayor Date: By: p� �,� G e, Jeffrey L. ili r, City Manager Date: -7 - / & ' 0 / Eckier Engineering, Inc. (Authorized Signature) Donald A. Eckler, P.E. President Type/Pdnt Name and Title Date: 612//4 / 19 AL—aamwnf . AF SarvirAa Prkinr dOC CORPORATE ACKNOWLEDGEMENT STATE OF /-I COUNTY OF /"O!J , r The foregoing instrument was acknowledged before me this aJ day of `%/1,0 P _ , 2001 by Donald A. Eckler, P.E., President (name of. officer or agent, title of officer or agent) of Eckler Engineering, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation, uNa� a �rx�a My Cwnm �- d11Ab No. W QWU7 � t wna++r w+a� Uoiw La - State of Florida Printed, typed/stamped name of Notary Public Exactly as commissioned Personally known by me, or [J Produced Identification: (Type of identification produced) ❑ Did take an oath, or;( Did not take an oath 13 Agreement - AE Services Ecklendoc MTIFIED—REaOLUTIQN I, P-onaid_A, Eckler, the duly elected Secretary of E kl En i i 9. Inc., 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 P90glid A. Ec l r, the duly elected President of Eckler Engineering, Inc., be and iihereby 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 President SIGNATURE Given under my hand and the Seal of the said corporation this 21 " day of June, 2001. (SEAL) By: Donald A. Eckler President Corporate Title Page 1 of 1 r EXHIBIT. 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_OATEGORY 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 URLY RATE $154.00 $ 145.00 $129.00 $114.00- $102.00 $ 84.00 $ 82.00 $ 71.00 $ 69.00 $ 95.00 $ 84.00 $ 64.00 $ 68.00 $ 64.00 $ 40.00 E PENSES Expenses will be as outlined in Section Ill, Fees and Payments, Paragraph A.1., page 4, with the addition that subcons0ltants will be billed at cost times 1.1. 6 J° INw�l—��1 15�07 E A [: Vitus •,��:���•[yt�:: • �T PR0o1A;tn ISurcoast Insurance AnSoCiates IP,O. Box 22668 Tampa, FL 33622-2668 rquR4p •. _-- Eckler Engineering, Inc. 9381 W. Sample Road Coral Springs, FL 33065 O6/tl/U1 ONLY AND CONFERS NO RIGHTS UPON THE CERTWjayj HOLDER TM CERTIFICATE DOES NOT AMEND, GMUD OR ALTER THE COVERAGE AFFORDED BY THE POLICIES RsLow COMPANIES AF RFQ _DING CQV RAGS COAJPAiIY ASt. Pau: Fire & Marine DCOWAW American Manufacturers Mutual COWAW II Security Ins of Hartford _ I COMPAarr I D r wr.'.r ': `�•�Nwti �.''ww �yyre.. n.. T.S..'w�Fi' - .�. t�� i •Y'4i•rw.� ^,!.M'�a w 2•..' . •- ;^�.. _ THIS 1= TO CWIFY WALT THE POLICIES OF INSURANCE LISTED $FLOW HAV[ WR ISSUED TO THE INSURSO NAMED ABOWE FOR THE MUCY P4?400 INOICATECI. NOTMTH$TANDINC ANY REQUIREMENT, TEAhI OR CONOMON OF' ANY CONTRACY OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OF ISSUED OR MAY MTAIN, THE INSURANCE AFFORDED 5Y THE POLICIES OWFUSEO HEREIN IS SUBJECT TO ALL THE TOU", EXCLUSIONS AND CQNDITIONB OF SUCH POLICIES. LIMITS SWAM MAY HAW�L-'�KEN 6Y PAID CWM& _ •�R-EDUCED i1 YYI'IOIIMN4RAMCt� s POLICI'MUNIE1l YI �MPROM'PQUW97PM110N _ I urns LTR I vATI pIMADh Yl O>.T1 plA0001YY1 A 40911ALLUIIILIIY 13KO0760093 111/27/00 17701/21 M_� -- �$4 99010 OQ CCa�AERCW GtNER�LWILfrY L oyuOT440UPMF AW 134 goo, Q Q O • CLAIMS NAW4 t X OCCUR ii NSCVA PLL s AM, IN "Y`._ ter P� Lo , Q.0 0 ofteivsICOMTIVXTORSPROF ! EACHCCCURMENCE 42 _000-'y000 ! ! F1RE WM_ GE i&Yawlk'! 4O�QO r ! j i M1* EXP — =) 1110,000 A AUMMONLELJAI1urr BROO760093 111/27 00 11/27/01I fl:Icluded ANY ICOM9MIM4WOLLLINT - IE LAUCAYWIDAMS j IECCILYInJJRY f_� SCNi7JUUJ AUT06 i{ I NuiiO JJrro3 I j (Px PMMj � , MY INJURY ,f �X Hoka►rNeaAAfror 1 1 tP«.��Id.�„ ._ I . rmopEcFLTY CAMAGB IS I I i W91JAMUYY ANYAUTO N Es! UANLIIY I L'MBREL�LFCRM j a WNACCIOENT i3 AGMGATE 19 B I WZRIMPA WUPE14UTM AND 7CQ61241402 ! 05/01/01 I05/01/02 I I sTATmoRYLimas `'��='":''•��='�=` �VAPLOYERS,U"Li f 1 1 1 EdCMA=q 400 1029 Y1iEPRAPIu.TM X O&L IMTNFR3iGCECVi1VE I i OISEASE•PCmvurr �d 1500 000 Cf FICE*f ARE'• tXCI 1 E AS I- EACH V PLOYEE ILI O 0 0 0 0 C IOTIIrR AEB0113424 'orofessiona1 i12 02 00 12/02 01 $1,000 000 EachClaim i $2,000,000 Ann. Agg. viability I MSCMsrlal OF OPERAMON"IXA•r10Nslv5'"Lasmoic AL rims Professional. Liability is claims made and reported. The City of Tamarac is listed as an additional insured with respects to the General Livability Policy. •ttli�l, W-„,".:« ^; �;��.�n;:<. ` ,^;'' •� .. - v.... `.�JKt10Eli:Ik"1'WHJ.-..... r .. '.n...... _... .. . ..• .. WGULD ANY Or YnE AJI-00 000RIIC0 MJCIeS IE CAHCELLEO t Mft W City of Tamarac rAPIRAnCH VATWWWRE09.TNEis1UNaCWFAJWVAL4E7IGFAYORT0MAL 7525 NW 8 8 t h Avenue 3 �L a�» w+emEN ►Once Yo THE cexn�Ir.ATe NaLosn RA/+Ico so Y►,c LER. Fart Lauderdale, F:r 3 3 3 2 = IvT ►AJLuR TO uAn wtx worm ,MALL IaPOS" E No 0/UOAT*4 0><uA9.%urr �Av!ILED AAZ ►CQRD25.5j]19ax.bf 1* .;SSO'i7t�'S'1�!.:•767.cf•- Co t i� CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this_ day of AJ 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" 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 accordahce 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. Anraamanl . ALP Oaft,t as Wrna W2MA l &n.. 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 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 OF 13EVELOPMENT 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. 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. 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. 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 Wms. Hatfield.doc I11. 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 Hourl lus Direct Sal aU Costs and Reimbursement for Non -salary Costs. Salary Costs are defined to be actual direct ag houriy wes 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 authorised 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 mace, unless specifically authorized by separate written communica`lon from City to Consultant, Agreement . AP Sarviraa Wti ,q 14atfi.%r4 rirr 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. 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 $1,006,000 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 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 selfinsured 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-Madem'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 Wms. Hatfleld.doc C. INTERRUPTION, PQSTPONEMENT, 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. QISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation Hof 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 rggard 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, COPYRIGHU, DDISCLOSURE 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. Hatfla d.doc INDEPiNDE_ NT 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. 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 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, arid 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 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. Hatfietd.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. y 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 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 Anr"w —1 - AC Cn.v�roc Wmc ► na "d0C 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 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 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. 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. X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES ANDF013CE M6JEURE. 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 p rsuant to a Resolution of the City Commission passed at a meeting held on 2001. ' 11 e,,...e—, Ae es..., —IA/..... u�64,.'A Any IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. CITY OF TAMARAC a Florida Municipal Corporation ATTEST: _ 9y: By: r NAafion Swenson, CMC a Schreiber, Mayor City Clerk f Date: ATTEST: (Corporate Secretary Type/Prink Name of Corporate Secy. (CORPORATE -SEAL) By: L. &4j�4- Jeffrey L. iller, City Manager Date: Williams, Hatfiiffand Stoner, Inc. (Authori ignature) on A. zolan President Type/Print Name and Title Date: 4. Zz • s 1 CORPORATE ACKNOWLEDGEMENT STATE OF z2,,,,_ The foregoing instrument was acknowledged before me this day of 2001 by Anthqny A. Nol n President (name of officer or agent, title of o r or agent) of Williams, Hatfield and Stoner Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. I .���N�r� J. so,,. ( __j . - o� ARy -%.A Signature of ary Public — State of Florida My Comm. rj#M : May 19, m s Printed , typed/stamped name of Notary Public NO.0057,67 ;� Exactly as commissioned ,ql�c'""'' p�� `� �.,,IIOF [lersonally known by me or ' F�```.�`. ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath t CERTIFIED,.;,AESOLUTJON 11 (Name), the duly elected Secretary of IV (Corporate Title), a corporation organized and existing under the laws of the State of IgTO 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 THAT04-0�'V(Name)', the duly electedMe_ (Title of Officer) of (Corporate Title) 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 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. 1 further certify that the following are the name, titles and official signres of those persons authorized to act by the foregoing resolution./�/ NAME TITLE I ATURE Given under my hand and the Seal of the said corporation this day of 200/ (SEAL) �_ By, Secretary NOTE: Corporate Title 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. 0--- 4 -e A WILLIAMS, HATFIELD & STONER, INC. Consulting Engineers • Planners • Surveyors Environmental Scientists SCHEDULE OF HOURLY RATES FIVE-YEAR RATE SCHEDULE E]FFEC71W JANUARY 1, 2001 HOURLY RATES FOR PERSONNEL I. Professionals Engineers (G), Land Surveyors (L), Planner$ (P), CPA (C). Environmental Scientists (S) R. Grades I and z b. Grade 3 a6s.00/Hr. c. Grade 4 a75.00/Hr. d. Grade 5 ' $85.00/Hr. c. Grade 6 = S 100.00/Hr. f. Grade 7 — $115.001Hr. g. Grade 8 S 130.00/Sr. h. Grade 9 $155.00/Hr. $200.00/Hr. 2. Engineering & Surveying Technicians a. Grade 1 b. Grade 2 $45.00/1jr. c. Grade 3 $50.00/Hr. d. Grade 4 $60.00/IIr. e. Grade 5 = $70.00/Hr. _ $80.00/Hr. 3. Drafters & Illustrators a. Grade I b. Grade 2 — S35.00/Hr. c. Grade 3 = $45.00/Hr. d. Grade 4 a50.00/Hr. _ $60.00/W. 4. Resident Project Rgpresentatives a. Grade 1 b. Grade 2 = $50.00/Ar. c. Grade 3 $55.00/Hr. d. Grade 4 = S65•00ARr• e. Grade 5 z $75.00/Hr, = S90.00/Hr. 5. Field Survey Parties a. 2-Man Party _ b. 3-Man Party — $110.00mr. c. 4-Man Party _ = S 125.00/Hr. _ $140.00/Hr, 6. Word Processing Operator a. Grade 1 b. Grade 2 = S35.00/Hr. c. Grade 3 - S45.00/Hr. d. Grade 4 — S55.00/Hr. = S65.001Hr. 7. Administrative Support a. General Office b. Accountant land 2 $35.00fHr. c. Accountant 3 = s4s.MHr. S55.00,Hr. This schedule is reviewed annually. EXHIBIT "A,+ WILLIAMS, HATFIELD & STONER, INC. Consulting Engineers • Planners • Surveyors Environmental Scientists SCHEDULE OF REIMBURSABLE EXPENSES EXHIBIT "A" FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001 OTHER CHARGES 1. Expert Witness Services a. "On -Call' Time at Courtroom and Testimony $200.00/11r. b. Pre -Trial Consultation (Min. Chg. 4 HrsJDay) @ Hourly Rate 2. Transportation and Travel a. Transportation Pares, Lodging and Subsistence Cost Plus 10% b. Automobile Mileage _ $0.32 Per Mile 3. Reproductions a. Black -line Prints = $0.20/Sq. Ft. b. Mylar Reproducibles = $2.00/Sq. Pt. c. Photocopies (Standard) S0.10/Sheet/Side d. Photocopies (IV x 17") _ $0.20/Shect/Side e. Outside Printing Service a Cost Plus 10% 4. Recording and Permits Fees Cost PIus 10% S. Services of Outside Consultants = Cost Plus 10% (Electrical/Mechanical Enginccring, Environmental Consultants Engineering Testing Laboratories, Photograrnmetry, Title and Abstracting Services and Other Outside Consulting Services) 6. Special Field Supplies = At Cost 7. Electronic Survey Equipa/ent a. Modular Survey System (Total Station) _ $10.00/M. b. Global Positioning System.(GPS) a $100.00/Hr. 8. Computer Aided Design/Drafting (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. I CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this day of GIJA 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'h Avenue, Tamarac, Florida, hereinafter referred to as "City" ' and Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563 NW 5V 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 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. r 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 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. 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. , 4. Surveying property plats and descriptions. S. Assistance with CADD. .6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits 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. 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. 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. 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 Hourlplus Direct Sala Costs and Reimbursement for Non -sale 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. 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, 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. 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 Selating 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 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 s1,000,000 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 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 Vll 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 bonsultant 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 $1,000,006 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 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. C. INTERRUPTION POSTPONEMENT 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 A D INTERPRETATION, In the event of any disputes as to the interpretation Af 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, GOPYRIGHT5. DISCLQSURE. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. 2. Ri hts 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 professiopal 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. ALAF&A 4 4C Q. iro n.mv.n Thmmmsen.doc 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. 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 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 AC Q. I—e Thmmndtnn.d6C 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. 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 7625 Northwest 88th Avenue Tamarac, Florida 33321 VViith copy to: City Attorney At the same address as above Anrnnman/ . AF Rarvi[Aa C:r*v'n ihomcscn.doc f `, For Consultant Robert D. Cale, III, P.E. Executive Vice President Craven Thompson & Associates, Inc. 3563 NW 5V Street Fort Lauderdale, FL 33309 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 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 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. 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 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. 4A. •�,..:�__. .� n��.�"' n._..__'r�.�w.nenn Ann 1 ,4 V X_ ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES_gND FORCE _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. PROH1131TION 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. 1, BB. AUTHORIZINg ACTION. This Agreement is entered into by C' pursuant to a Resolution of the City Commission passed at a meeting held on 1 2001. 11 Anroomonl - AR Q—irwc 1 ..rnuen 7hmmmenn dOC IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST:. By. - -- Maftn Swenson, CIVIC City Cleric Appr e T F By tc II S. Kra City mey Date: �6 a ATTEST: ( orporate Secretary Robert'D. Cole, III Type/Print Name of Corporate Secy. (CORPORATE SEAL) C13X QETAMARAC a Florida Municipal Corporation By: Schreiber, Mayor Date: %- / (a -y 1 By: P , �l [•��. Je rey L. Miller, City Manager Date: CrzSignature) aaociates, Inc Thomas M. McDonald, Mff"N'cPRx2*ff. (lfcb President Type/Print Name and Title Date: 6 / 18 / 01 4rt . . -- . w w _.__ J__ CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Broward ti The foregoing instrument was acknowledged before me this 18th day of Thomas M. McDonald, June . 2001 by lsrek0xage i s�fnaao 3f= president (name of officer or agent, title of officer or agent) of Craven Thompson —&„Associates, Inc (name of corporation acknowledging), a ELorida (state or place of incorporation) corporation, on behalf of the corporation. S gnature of �Noublic —State of Florida s` MAIMMA 0101ROLAMC Printed, typed/stamped name of Notary Public z�YrCOMMSS10N # CC 720285 Exactly as commissioned MAM APR 1, 2002 BONDED THRIJ OF ATLAbl X BONDING Co.. INC. '�] Personally known by me, or ❑ Produced identification: 4 (Type 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 00M Robert D. Cole, III, Executive Vice President/Secretary WHEREFORE, the undersigned has executed this olution on this the 27 h day of February, 2001. THOMAS M. McDONALD, President OBERT D. COLE, III, Executiv resident/Secretary STATE OF FLORMA COUNTY OF BROWARD Sworn to and subscribed to before me this 27b day of February, 2001, by Thomas M. McDonalda and Robert D. Cole, III, both personally known to me or who have produced as identification. PAT D. JOYCE Not ublic, State of Florida �•• �► •,,, htrida D. Joyce C+cmmis On # CC 720329 =� E41M3 March 23, 2002 EXHIBIT "A" Lg JI r'i� Jun-01 r" City of Tamarac CONSULTANT.Craven Thompson & Associates, Inc. OES EMPLOYEE CATEGORY Hourly Rate SENIOR COMPANY OFFICER $155.00 PROJECT MANAGER $135.00 QUALITY ASSURANCE PERSON $115.00 SENIOR ERNGINEE 2) $100.00 ENGIN 2) $90.00 SENIOR DESIGNERf TECH. (2) $72.00 DESIGNER/TECH. $58.00 SENIOR DRAFTER(2) $62.00 DRAFTER 7.00 SECRETARY $47.00 REGISTERED LAND SURVEYOR $100.00 3-PERSON SURVEY CREW $95.00 2-PERSON SURVEY CREW $83.6-0 SENIOR RESIDENT REP. $70.00 RESIDENT REPRESENTATIVE $60.00 (z)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARC?iTiECr Al TAMEXA.615.XLS 4 It:. a EXH191T `B" SCHEDULE OF BMSES AND OTHER CHARGES 1. Travel and Subsistence a. OuW--town Transportation, Lodging and Subsistence = In Accordance with b. Automobile. Mileage = F.S. 112.061 2. Reproduction and Reprographics a. Blueilne prints b. Vellum and Sepia c. Mylar Reproducible d. Outside Printing e. Xerox (Standard) Copies 3. Recording and Permits Fees 4. Services of Outside Consultant's 5. Special Survey Field Supplies . 6. Delivery and Courier Services * ' Based on 2-foot width times length of stock used. F _ $0.21/Sq. Ft.* $.5o/Sq. Ft.* $2.00/Sq. Ft.* = At Cost plus 10% = $0.10/Sheet = At Cost plus INN = At Cost plus 100/6 = At Cost plus 10% = At Cost plus 1011/6 I Y ECKL ER ENGINEERING, INC. May 12, 2006 442-003. BD Mr. James Moore, P.E. Asst. Director of Utilities City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Dear Mr. Moore: Reference: Proposal for Engineering Services Task Authorization Number 06-05E Structural Repair of WTP Clearwell CONSULTING CIVIL ENGINEERS "EXHIBIT 3" TR #10966 In accordance with our meeting of March 29, 2006 discussions and review of the final inspection videos and reports completed by CECS, we are pleased to submit this proposal for providing engineering services associated with the structural repairs of the City's existing water treatment plant clearwell structure. The proposed scope of work for this project is attached as Task Authorization 06-05E. Our proposed not to exceed estimate for engineering services required for this project is $39,300.00. A breakdown of the fee calculation is attached at the end of the enclosed Task Authorization. The engineering services will be billed on an hourly rate plus direct expenses basis in accordance with the Task breakdown. Any unused portion of the fee will not be billed to the City. This scope and fee is based on our current understanding of the condition based on the video and report completed by CECS. Should conditions differ from what is currently known, an adjustment to scope and/or fee may be necessary. If this proposal meets with your approval, please coordinate the issuance of the necessary City of Tamarac purchase order. Eckler Engineering looks forward to working with the City of Tamarac on this important water treatment system repair project. If you have any questions or require additional information pertaining to the enclosed scope of services or the project in general, please do not hesitate to contact me. Sincerely, [)6� A&--, DouglaK. Hammann, P.E. Encl. Y:\Documents\Tamarac\BD\442-003.BD Clearwell Repair\Task Authorization.wpd Celebrating our 20th Year of Service to South Florida 4700 RIVERSIDE DRIVE, SUITE 110 9541510-4700 CORAL SPRINGS, FL 33067 Printed on Recycled Paper FAX 9541755 2741 TASK AUTHORIZATION NO. 06-05E SCOPE OF SERVICES WTP COMPLIANCE PER FAC 62-555.320(12)(b) INTRODUCTION The recently completed 2.0 MG Water Storage Tank and Water Treatment Plant Improvements project (Bid No. 04-17B) required the Contractor to provide cleaning and structural integrity inspections of all finished water facilities within the City of Tamarac in accordance with FAC 62- 555.350. The structural integrity inspection of the City's existing clearwell revealed severe structural deterioration in the roof of the clearwell along with other minor structural issues at various locations of the clearwell roof as well as the reinforced concrete support beams. The most significant issue found during this inspection is severe deterioration of the two northeastern most sections of the clearwell roof. This proposal consists of the design of all necessary repairs to this facility, including preparation of detailed plans and specifications followed by permitting, bidding assistance, and engineering services during construction. The following design scope of work is included in this project proposal: ► Preparation of drawings and specifications for the necessary structural repairs to the clearwell and revisions to the post -filtration disinfection system. ► Coordination and design of temporary systems for bypassing finish water around the existing clearwell in order to maintain a minimum treatment capacity at this facility of 8.0 MGD. ► Preparation of a final opinion of probable construction cost for all structural repairs and other work required and planned under this project. ► Preparation of applicable regulatory permit applications. I. Bidding assistance as required. ► Traditional and special engineering services during construction to see that the repairs are completed in accordance with the requirements of the Contract Documents. The tasks associated with this project are presented below: ARTICLE 1 - SCOPE OF SERVICES Task 7 - Project Administration/Management This task focuses on the administration of the project including project setup, client interface and general project management. Page 1 of 10 Task 2 - Preliminary Coordination and Evaluation This task focuses on obtaining the necessary preliminary information and structural condition assessment required to complete the project. A. Meet with appropriate City staff to discuss and finalize project requirements. B. Coordinate and request any additional information from the City inclusive of structural record drawings of the existing clearwell, operational requirements that will need to be met by the proposed clearwell bypass system and other information that may impact the design and/or implementation of the bypass system or the structural repair method. C. Structural condition assessment and evaluation of the existing conditions and selection of general repair methods. Task 3 - Drawings, Specifications, and Engineering This task consists of the engineering and the development of plans and specifications necessary to construct this project. A. Prepare detailed drawings for the proposed work discussed previously within this Exhibit. A tentative list of final design drawings to be developed for this project is presented in Table 1. Drawings will be prepared using drafting standards and standard details as developed by Eckler Engineering. B. The City of Tamarac standard bidding requirements, contract forms and miscellaneous forms/information required for this project shall be utilized. ENGINEER shall provide the City of Tamarac with project specific information for the preparation of bidding and contract documents required for this project. A list of these documents is provided in Table 2. Task 4 - Permit Preparation Assistance This task consists of preparing the following permit application submittals: A. Broward County Health Department (BCHD)/Florida Department of Environmental Protection (FDEP) permit to construct a water treatment system facility(s) modification. B. City of Tamarac Building Department Permit (Contractor assistance only). Any additional permits required beyond the above will be considered as outside the scope of this proposal. Design phase permit fees will be paid by ENGINEER. Task 5 - Final Opinion of Probable Construction Cost Prepare the final opinion of probable construction cost for new facility and improvements proposed under this project. Page 2 of 10 Task 6 - Bidding Assistance Services This task may include the following: A. Assist with the coordination of the bidding documents and the advertisement for bid and respond to communication from contractors and issue addenda information as required. B. Attend the bid opening and tabulate the bids as provided by interested contractors. Task 7 - Bid Evaluation and Recommendation of Award Assistance This task shall consist of the review and evaluation of the bids and the recommendation of a bidder for award of contract to the City. Task 8 - Submit and Review (Quality Control) The Engineer will make the following submittals at various completion levels of this project for the purpose of City's review and comment for coordination and quality control. A review meeting will be requested following each submittal to discuss and receive comments from City. The City's comments shall be incorporated into revisions prior to the next subsequent quality control submittal. Quality control submittals for this project are anticipated at the following completion levels: A. Preliminary 90% Drawings and Specifications. B. FINAL drawings and specifications. The Engineer will incorporate the agreed -upon revisions made by the City. A total of two (2) meetings with the City is the level of effort for this Task. Task 9 - Traditional Engineering Services During Construction This task shall consist of providing the traditional engineering services required during the construction of this project for .confirmation that the project is completed in accordance with requirements of the drawings and specifications as well as the applicable regulatory authority permits. The following specific tasks are anticipated: A. Engineering consultation to provide technical advice and assistance along with necessary interpretations and clarifications of the contract documents when required by the City or Contractor. B. Review of shop drawings, test inspections, and other data submitted by the Contractor in accordance with the Contract Documents. C. Review of pay requests and schedules submitted by Contractor. D. Engineer will make periodic site visits at intervals appropriate to the various stages of construction to observe the work, determine conformity with the Contract Page 3 of 10 Documents, and compliance with the applicable construction permits. Inspections will also be provided to determine when the project has achieved Substantial Completion and readiness for final acceptance. E. Engineer shall develop and prepare the necessary data, notes, and clarifications for Contract Modifications to reflect adjustments to the contract requirements, when required. F. Engineer shall provide project closeout services including preparation of record drawings based on Contractor's field data, attendance at the final project reconciliation meeting with the City and the Contractor, preparation of Certification of Completion of Construction documents for the applicable regulatory authorities, and assistance with final closeout with the City of Tamarac Purchasing Division, Task 10 - Special Engineering Services During Construction The Engineer shall, when requested, provide special services during construction consisting of the following items: A. Resident Services It is extremely important that this project be constructed in complete conformance with the Contract Documents. Services which will be provided by the Engineer's resident project representative will consist of the following: 1. Make periodic on -site field observations of the Contractor's performance. The limits of the authority of the on -site representative are as defined within the Construction Contract Documents, 2. Observe any tests and review the results of tests required of the Contractor by the Contract Documents. 3. Observe the placement of reinforcing steel and all major concrete pours. Observe the construction of all piping and equipment placement. 4. Test and check out the operation of all equipment and controls. 5. Assist in the development of punch lists in conjunction with the milestone inspections to determine if the project has achieved Substantial and Final Completion and that the work has been completed in general conformance with the Contract Documents. In order to estimate the efforts of the Engineer's project representative, it is anticipated that a person would need to be at the project site 1 day(s) a week, approximately 4 hours per day. Page 4 of 10 ARTICLE 2 - TIME OF COMPLETION Table 3 provides the preliminary project schedule based on weeks from the receipt of the Authorization to Proceed. ARTICLE 4 - PROJECT DELIVERABLES Project deliverables shall be in accordance with Table 4, attached. ARTICLE 5 - PAYMENT AND COMPENSATION As consideration for providing the services enumerated in Article 1, the City shall pay the Engineer fees as described below: B. For services enumerated in Article 1, Tasks 1 through 10, the estimated not to exceed fee of $39,300.00. Engineering services will be billed per Continuing Services Agreement (Resolution No. R-2001-185) hourly rates plus direct expenses in accordance with the attached scope of work breakdown. Eckler Engineering will submit monthly invoices payable by person, hours worked, and hourly rates, plus direct expenses for these engineering services. Any unused portion of the estimated not to exceed fee will not be billed to the City. This fee has been determined in accordance with the scope of work breakdown attached as Table 5. This fee does not include the provision of the following items: A. Any expert witness or testimony services. Page 5 of 12 ARTICLE 6 - AUTHORIZATION In WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its President, duly authorized to execute same. ATTEST: , Marion Swenson, CiZ City Clerk Da e ATTEST: (Corporate Secretary) Donald A. Eckler Type/Print Name of Corporate Secy. (CORPORATE SEAL) Page 6 of 12 • :- eNto UM rwMlf a • (eIILII0(2 Date �61 Jeffre Milfer, City Manager . I,,.I 11 / D9'te Approved as to form and legal sufficier)cy:, ____...... _ Sark Gbrery, Qity&tdrney Date Eckler Engineering, Inc. Company Name 2 . �c� Signature of President/Owner _Donald A. Eckler, P.E. Type/Print Name of President/Owner Date 5/1XIod. STATE OF Florida SS COUNTY OF Broward I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Donald A. Eckler, of Eckler Engineering. Inc., a Florida Corporation, to me know to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of / , 2006. Signature of Notary Public L'*"'4'�I1II111IIIiState of Florida at Large Linda C. Fracasso Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath Page 7 of 12 TABLE 1 STRUCTURAL REPAIR OF WTP CLEARWELL TENTATIVE LIST OF PROJECT DRAWINGS Drawing Sheet No. Title General Cover sheet G-1 Index to Drawings and Project Location Map G-2 General Notes and Abbreviations G-3 Mechanical Legends and Symbols G-4 Specifications Structural S-1 Clearwell Modifications Demolition Plan S-2 Clearwell Modifications Floor Plan S-3 Clearwell Modifications Roof Plan S-4 Clearwell Modifications Sections and Details S-5 Standard Details - Structural Mechanical M-1 Piping Schedule and General Mechanical Notes M-2 Yard Piping Key Map M-3 Yard Piping Partial Plan 1 M-4 Yard Piping Partial Plan 2 M-5 Yard Piping Details M-6 Temporary Transfer Pumping Details M-7 Standard Details - Mechanical M-8 Standard Details - Mechanical Electrical E-1 Electrical Site Plan E-2 Temporary Transfer Pump Feeders E-3 Standard Details - Electrical (Remainder of page left blank intentionally) Page 8 of 12 TABLE 2 STRUCTURAL REPAIR OF WTP CLEARWELL TENTATIVE LIST OF PROJECT SPECIFICATIONS SECTION NO. TITLE PART 1 BIDDING REQUIREMENTS (These documents provided by City Purchasing Division) (These documents provided by City Purchasing Division) PART 3 MISCELLANEOUS FORMS/INFORMATION (These documents provided by City Purchasing Division) PART 4 SPECIFICATIONS Technical Specifications are included on the Drawings. (Remainder of this page left blank intentionally.) Page 9 of 12 TABLE 3 STRUCTURAL REPAIR OF WTP CLEARWELL PRELIMINARY PROJECT SCHEDULE Time to Cumulative Time Activity Complete To Complete (Days) (Days) 1. Notice to Proceed 0 0 2. Site Visit/Information Gathering/Evaluation 14 14 3. Preliminary Design (90% Submittal) 21 35 4. Receive City Comments. 14 49 5. Submit Final Plans and Specifications along with permit applications and final cost opinion 14 63 6. Regulatory Permitting Phase 39 93 7. Bidding and Award Phase 60 153 8. Construction Phase (Final) 90 243 Detailed schedule will be provided upon receipt of authorization to proceed and will include specific submittal dates. (Remainder of page left blank intentionally.) Page 10 of 12 TABLE 4 STRUCTURAL REPAIR OF WTP CLEARWELL LIST OF PROJECT DELIVERABLES DESIGN PHASE A. 90% Design Submittal • Three (3) sets of 11" x 17" Drawings, 90% Complete 90% Completion Estimate of Probable Construction Cost B. Final Design Submittal • Project Final Documents including drawings on 22 x 34 sheets and project specifications on 8-1/2 x 11 sheets for use and distribution by CITY. Fifteen (15) sets of project documents, final completion. • Completed permit application and exhibits for signatures by CITY officials (permit fees to be paid by ENGINEER). Signed and sealed drawings for permit submittal shall be provided by Engineer. • Specific bid information including a line item unit breakdown for the project for use by the CITY's Purchasing Division for preparation of bid documents. • Final estimate of probable construction cost. BIDDING SERVICES A. Pre -Bid. • Addenda, as required to the CITY and/or Contractors. B. Post Bid. • Bid Tabulation, 2 copies. • Recommendation of Award Letter. The CITY will award contract and issue Notice to Proceed. CONSTRUCTION PHASE A. Pre -Construction • Pre -Construction conference Meeting Agenda and Minutes. • Four (4) sets of full size (22" x 34") signed/sealed drawings for building permit submittal by CONTRACTOR. Page 11 of 12 • Three (3) Sets of full size (22" x 34") drawings and specification booklets for CONTRACTORS use through the construction phase. B. Shop Drawings • Copies of accepted and final shop drawings. C. Construction Inspection • Site visit reports will be provided for each site visit in accordance with Task C5 of this Work Order. • Daily resident project representative reports will be provided for each site visit in accordance with Task C10 of this Work Order. D. Progress Meetings • Copies of all project meeting minutes. E. Contract Modifications • Four (4) copies of all completed contract modifications. F. Pay Requests • Copies of reviewed and accepted partial and final pay request applications. G. Record Drawings and Project Closeout • One (1) full size, signed and sealed set of record drawing prints for submittal of permit certification documents to the regulatory agency. • One (1) full size, signed and sealed set of prints, one (1) half size set of record drawings, and one (1) copy of AutoCad drawing files on CD Rom for use by CITY. • Four (4) copies of the certificate of substantial completion. 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