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Home My WebLink AboutCity of Tamarac Resolution R-2004-1041 Temp. Reso# 10428 April 23, 2004 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. 04-16E WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF THE NW 70TH AVENUE ROADWAY CALMING IMPROVEMENT PROJECT, IN ACCORDANCE WITH THE CITY'S CONSULTING ENGINEERING AGREEMENT AS AUTHORIZED BY RESOLUTION #R-2001-185; AUTHORIZING AN EXPENDITURE FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $44,600.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a number of residents have contacted the City with their concerns regarding speeding and cut -through traffic on NW 701h Avenue, between McNab Road and University Drive; and WHEREAS, NW 70th Avenue, between McNab Road and University Drive, serves as a collector road for the Mainlands 14, Mainlands 16, Westwood 17, Heathgate and Sunflower Subdivisions; and WHEREAS, the adjacent land uses for NW 701h Avenue are residential and recreational; and WHEREAS, a traffic study conducted on NW 701h Avenue confirmed that the 85th percentile speed (38.55 mph), exceeds the posted speed limit (25 mph) by approximately 14 mph; and Temp. Reso# 10428 April 23, 2004 Page 2 of 4 WHEREAS, the traffic study conducted on NW 70th Avenue also identified an average daily volume of approximately 4,500 vehicles; and WHEREAS, the City is recommending that the existing four lane collector road be reduced to a two-lane divided roadway, which will reduce vehicle speeds, reduce cut - through traffic and improve the environment for pedestrians and bicyclists; and WHEREAS, the City requires the services of a consultant firm knowledgeable in the area of traffic calming and roadway construction; and WHEREAS, Craven Thompson and Associates, Inc. possesses the required knowledge and experience to provide professional engineering services for the design of the NW 70TH Avenue Roadway Calming Improvement Project and has submitted a detailed proposal in the form of Task Authorization No. 04-16E in the amount of $44,600.00 (attached hereto as Exhibit 1); and WHEREAS, the proposal for this work describes all tasks to be performed in accordance with Article I, "Scope of Work", of the City of Tamarac Continuing Engineering Services Agreement as authorized by Resolution R-2001-185 dated July 11, 2001 (attached hereto as Exhibit 2); and WHEREAS, Craven Thompson and Associates, Inc. has been pre -qualified as an approved consultant for engineering services by the City of Tamarac as authorized by Resolution R-2001-185 and the associated Continuing Engineering Services Agreement dated July 11, 2001; and WHEREAS, adequate funding exists for this work in the Public Works Streets Improvement Project Budget (PW97C); and WHEREAS, it is the recommendation of the Director of Public Works and the Temp. Reso# 10428 April 23, 2004 Page 3of4 Purchasing Contracts Manager that Task Authorization No. 04-16E from Craven Thompson and Associates, 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. 04-16E with Craven Thompson and Associates, Inc. to provide professional engineering services for the design of the NW 70TH Avenue Roadway Calming Improvement Project for a proposed amount not to exceed $44,600.00 and to provide funding from the appropriate budgeted stormwater fund account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1_ The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 04-16E with Craven Thompson and Associates, Inc. to provide professional engineering services for the design of the NW 70TH Avenue Roadway Calming Improvement Project in accordance with the City Consultant Engineering Agreement as authorized by Resolution R-2001-185 on July 11, 2001. SECTION 3: An expenditure in an amount not to exceed $44,600.00 for said purpose is hereby approved. SECTION 4_ The City Manager, or his designee, are hereby authorized to make changes, issue change orders not to exceed $10,000.00 per section 6-156 (b) of the Temp. Reso# 10428 April 23, 2004 Page 4of4 City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12t" day of May, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. -KRAFT CITY ATTORNEY,' JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM, ROBERTS 1 1 JI Exhibit "1" April 26, 2004 Temp. Reso. No. 10428 CRKNEN 1HOMPSON & ASSOCIATES INC Engineers Planners Surveyors 3563 N.W. 53rd Street Fort Lauderdale, FL 33309-6311 (954)739-6400 Fax (954) 739-6409 West Palm Beach Mr. John E. Doherty, P.E. Assistant Director of Public Works / City Engineer Public Works Department City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321-2401 RE: -T T- C =r NW 70Tu AVENUE ROADWAY CALMING IMPROVEMENTS TASK AUTHORIZATION NO. 04-16E CT&A PROPOSAL NO. 2004-160.056 2nd REVISION Dear Mr. Doherty: In response to your recent comments, the firm of Craven Thompson & Associates, Inc. is pleased to submit herein our revised fee proposal for providing professional engineering services in connection with the design of roadway calming improvements for NW 70"' Avenue. As discussed, the portion of NW 70"' Avenue from McNab Road north to NW 771h Street will be modified under a separate concept from that of NW 70" Avenue from NW 77" Street north to University Drive. Based on the above, we shall provide a separate fee proposal for each section. Specifically, we propose to provide the following: I. NW 70TH AVENUE - MCNAB ROAD NORTH TO NW 77T" STREET A. ENGINEERING SERVICES 1. Base Sheets Utilizing AutoCAD files provided by Client showing existing conditions for NW 70`h Avenue, prepare engineering base sheets for design purposes. (31010) Estimated Fee (Not To Exceed)........ $1,500.00 2. Preliminary Engineer Plan Utilizing base sheets prepared for NW 70`� Avenue in item 1 above, prepare preliminary engineering plans (30% plans for the paving, grading and drainage improvements for the subject project). Approval of Client required before preparing 100 % plans. (31020) Estimated Fee (Not To Exceed)........ $2,500.00 Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160,056 (2°d REVISION) April 26, 2004 Paee 2 3. Utilizing the approved preliminary engineering plans prepared in item 2 above, prepare demolition plans outlining the extent of the existing paving, landscaping irrigation and underground utilities (in electric, telephone gas etc.) to be removed and/or relocated. (31011) Estimated Fee (Not To Exceed) .............................. $900.00 4. Final Engineering Plan Prepare final engineering plans and specifications for the paving, grading, drainage and signing and marking improvements as required for the development of the project. (31025) Estimated Fee (Not To Exceed) ........................... $5,000.00 5. Cost Estimate Utilizing final engineering plans, prepare one engineers estimate of probable construction cost, (31071) Estimated Fee (Not To Exceed) ........................... $1, 000. 00 SUB -TOTAL ESTIMATED FEE FOR ENGINEERING SERVICES (Not To Exceed) ..................................................... 10, 900.00 II. NW 70TH AVENUE - NW 77TH STREET NORTH TO UNIVERSITY DRIVE A. ENGINEERING SERVICES Base Sheets Utilizing AutoCAD files provided by Client showing existing conditions for NW 70"' Avenue, prepare engineering base sheets for design purposes. (31010) Estimated Fee (Not to Exceed) ........................... $3, 500.00 2. Preliminary Engineer Plan Utilizing base sheets prepared for NW 70"' Avenue in item l above, prepare preliminary engineering plans (30% plans for the paving, grading and drainage improvements for the subject project. Approval of Client required before preparing 100% plans. (31020) Estimated Fee (Not to Exceed) ........................... $4, 500.00 3. Utilizing the approved preliminary engineering plans prepared in item 2 above, prepare demolition plans outlining the extent of the existing paving, landscaping CRAVEN 1WOMPSON & ASSOCIATES INC Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160.056 (2`d REVISION) April 26, 2004 Paue 3 irrigation and underground utilities (in electric, telephone gas etc.) to be removed and/or relocated. (31011) Estimated Fee (Not to Exceed) ........................... $2, 500.00 4. Final Engineering Plan Prepare final engineering plans and specifications for the paving, grading, drainage and signing and marking improvements as required for the development of the project. (31025) Estimated Fee (Not To Exceed) ........................... $9, 000.00 5. Cost Estimate Utilizing final engineering plans, prepare one engineers estimate of probable construction cost. (31071) Estimated Fee (Not To Exceed) ........................... $1, 800.00 B. LANDSCAPE ARCHITECTURE SERVICES 1. Conceptual Landscape Plan Prepare conceptual landscape plan and cost estimate for Client review and approval for a typical median planting design. (21025) Estimated Fee (Not To Exceed) .............................. $600.00 2. Final Landscape Plan Prepare Final landscape plan for all medians based on Client's review of conceptual typical median landscape plan. Plans to include details and specifications suitable for bidding and construction. (21030) Estimated Fee (Not To Exceed) ........................... $3, 200.00 3. Irrigation Plan Prepare irrigation plan including details and specifications suitable for bidding and construction. Irrigation plan to be prepared once the site and conceptual landscape plan has been approved by the City of Tamarac. CRAVEN 1HOMPSON & ASSOCIATES INC Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160.056 (2"d REVISION) April 26, 2004 Paee 4 Each pair of medians shall have one individual irrigation system tied into potable water and powered by a solar controller. (21035) Estimated Fee (Not To Exceed) .............................................. $3 600.00 SUB -TOTAL ESTIMATED FEE FOR ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES (Not To Exceed) .......................................... $28, 700.00 TOTAL ENGINEERING AND LANDSCAPE ARCHITECTURE SERVICES (Not To Exceed).................................................................. $39, 600.00 Included in the above fees are five (5) sets of final plans. MEETINGS / DIRECT CHARGES The above service fees do not include the following: • Direct Charges: Blue prints, Mylar's xeroxing, color Xerox's, FedEx, courier, etc. These normal expenses listed above are to be provided as a direct expense pass through with no additional mark up. (31140) • Attendance at meetings with Client and /or governmental agencies as requested. (31100) Estimated Fee For Above Not To Exceed .................................. $5, 000.00 PAYMENT AND COMPENSATION .As consideration for providing the above Scope of Services, The City of Tamarac shall pay Craven Thompson & Associates, Inc. the estimate not to exceed fee of $44,6000,00. The fee for each task is a budget estimate only and not to exceed for each task. The budget estimate for each task may be adjusted as long as the PROJECT TOTAL amount is not exceeded. INFORMATION PROVIDED BY CLIENT 1. Permit application fees (if required). 2. AutoCAD file showing existing conditions for NW 70"' Avenue. 3. Topographic Survey information required for engineering design (if required). CRAVEN 1HOMPSON & ASSOCIATES INC Mr. John E. Doherty, RE, CT&A Proposal No, 2004-160.056 (2nd REVISION) April 26, 2004 Paae 5 ADDITIONAL SERVICES Additional services will be performed as authorized in writing by the Client. Additional services include but are not limited to the following: 1. Traffic planning services 2. Environmental consulting services. 3. Site planning services, 4. Soil analysis and testing. 5. Construction stakeout. 6. Legal descriptions and sketches. 7. Material testing. 8. Plan changes requested by Client after approval of the Preliminary Engineering and/or Landscape Plan. 9, Permitting 10, Construction Services 11. Construction contract administration required in connection with contractor's errors, retesting, or litigation. Scope of Services The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein, no other service will be provided except as "extra work", subject to the fees hereinafter set forth. The terms hereof shall be construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm, In reviewing this proposal for professional services, it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scope of services required for the project. Rather, it represents our best effort to set forth those services which we believe to be those requested by you, the Client, and/or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask that the Client recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified. Several factors will cause this to happen: Better understanding of the project and the Client's goals as progress on the project is made. 2. Additional requirements identified by the Client. 3 New laws or governmental agency requirements. As these influences occur and are identified, we will advise you of same and seek your direction as to how you wish to proceed. Work required as a result of the above will be "extra work" outside of the original scope of services. Upon your direction, we will perform the work under the "Hourly Fee_Schedule" section of this proposal or we can provide you with a separate proposal should the scope so indicate. Hourly -Fee Schedule Principal.................................................................................................................................... $160/Hour PrincipalEngineer . • •.......................................................................................................................... $125/Hour PrincipalSurveyor.............................................................................................................................. $110/Hour SeniorEngineer........................................................................................................................ ...... $100/Hour Landscape Architect/Senior Planner........................................................................................................... $95/Hour Professional Land Surveyor..................................................................................................................... $95/Hour Project Engineer/Surveyor/Planner/Biologist/Landscape Designer ................................................. ..................... $85/Hour SeniorField Representative..................................................................................................................... $70/Hour Senior CADD Technician.................................................................................................................... $65/Hour Technician .......................................................... ............................................................... ............ $60/Hour Field Representative ........................................................................................................................$60/Hour Clerical.................................................................. ............ W/Hour CRKNEN 1HONIPSON & ASSOCIATES INC. Mr. John E. Doherty, F.E. CT&A Proposal No. 2004-160.056 (2nd REVISION) April 26, 2004 Paste 6 Survey Field Crew ............................................... ............................................................................ $100/hlour GPSEquipment .............................................................. ... $35/Hour Expert Witness Testimony ............................................. ................................................................ $250/Hour Court Appearances ....................................................... ...... $250/Hour Hourly Charges Hourly work will he billed at our current prevailing rates; however, these are subject to change due to increasing labor and material costs. Hourly work performed outside of normal business hours will he billed at one and a half times the current rates for overtime. No notice of change in prevailing rates shall be required. The firm's normal business hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. Lump Sum Fees The Lump Sum Fees set forth above are applicable for a period of six (6) months from the date of this proposal. if the work on any item to which a lump sum fee shall apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item. If the work is initiated but not concluded within said period, regardless of the reason therefore, the balance of the fee due shall be increased at the rate of one percent (I %) per month for each month the work continues until the work is complete. No prior notice of such adjustment shall be required. Affidavits When an Affidavit, Surveyor's Report, or separate Surveyor's Certificate is requested, there will he a minimum fee of $150,00, In addition, all research and calculation time required in the preparation of this affidavit, report or certificate will be charged at our normal hourly rates for the individuals preparing the affidavit. Cost Estimates In that our firth does not have control over the cost of labor and materials, or over competitive bidding and marketing conditions, the estimates of construction costs provided by our firm will be made on the basis of our experience and qualifications, but our firm does not guarantee the accuracy of the estimates of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. Ownership of Documents All documents including, but not limited to, drawings and specifications prepared in connection with the project constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such documents and/or specifications constitute a portion of the integral services provided by the firm and, as such, are not intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your execution of this proposal, you agree to indemnify and hold the firm harmless from all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or resulting from the reuse or extended use of such documents or specifications. Permits and Approvals The permits and agency approvals mentioned above are those known to us to be required for projects of this kind, and we will apply for them as indicated. However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may he required. Should this arise, we will notify you and respond promptly to the requirement. Construction Requirements At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by governmental agencies, the firm will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of the work, which performance will be rendered by others. It will he necessary, therefore, for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract documents. It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary inspections and observations. The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover, and in addition to the required site visits, the firm must also prepare and review the as -built drawings during and at the end of the construction period. All of the services described in this paragraph constitute "extra work", unless otherwise specifically set forth in the "Scope of Services". The cost of providing these services is not included in the Lump Sum fee, unless specifically indicated. CRAVEN 1HOMPSON & ASSOCIATES INC. Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160.056 (tad REVISION) April 26, 2004 Paee i The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or sequences of construction, the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith. In performing the services required of it, the firm will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder, the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County. The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently provides a complete range of construction -related services which it will be happy to discuss with you at the time that your project is ready for construction. Permit Fees; Application Fees; Outside Consultant Fees The service fives set forth herein do not include the payment of governmental agency submittal fees, review fees or permit fees, or any other charges assessed by said agencies. Further, the service fees do not include the cost of services provided by others. These fees shall be paid for by the Client. Should our firm find it absolutely necessary to advance fees for the Client, said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. Direct Charges Unless otherwise specified, the above service fees do not include the following direct charges: Slue prints, mylars and xeroxing will be billed at current price schedule per print copy. These prices are available upon request. Postage, Federal Express, photographic services for enlargements, reductions, etc.: At Cost plus 10 % handling charge. Assignment It should be expressly understood that this proposal is for the use of the executing Client and is not assignable or assumable by any third party. Invoicing and_Paynient Work will be invoiced at the end of each month based on a proration of work completed to date, with payment expected upon receipt of the invoice by the Client. Client shall notify firm within ten (10) days of receipt of invoice should invoice be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes of payment by Client. If payment is not received within 45 days of the invoice date, Consultant may terminate this agreement or suspend work under the agreement without further notice, and a late charge of one and one-half percent (1-1/2%) per month on outstanding balance shall accrue until delinquent balance is paid. Client agrees to pay all costs of collection, including reasonable Attorney fees, should such action be required. Client's Responsibilities I. The Client shall provide full information regarding requirements for the project including a program, which shall set forth the design objectives, constraints and expendability, special equipment and systems and site requirements. 2. The Client shall furnish the services of soil engineers or other consultants when such services are deemed necessary. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3. The Client shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 4. The Client shall furnish a Legal Description of the property and the appropriate Title Information, 5, The Client shall execute all permit applications. As "Permittee", or "applicant" or "holder", Owner shall be reslx)nsible for complying with the conditions of all permits issued. In particular, Client shall be responsible for the safety of the General Public during construction. CRP4EN 1HO MPSON & ASSOCIATES INC. Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160.056 (2°d REVISION) April 26, 2004 Pate 8 IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. ATTEST: By: Marion Swenson, CMC City Clerk Approved As To Form: By. Mitchell S. Kraft, City Attorney Date: -r , , (Corporate Secretary) Robert D. Cole, II1, P.E. Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC A Florida Municipal Corporation Joe Schreiber, Mayor Y y: _ J Ney ff Miller, City Manager Date: Z �)Z C , Craven Thom son Associates, Inc. (Authorized Signature) Thomas M. McDonald, President Type/Print Name and Title Date: CRPvEN 1HOMPSON & ASSOCIATES INC. Mr. John E. Doherty, P.E. CT&A Proposal No. 2004-160.056 (2°d REVISION) April 26, 2004 Pate 9 CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of,fjj9r ( 76, 2004 by Thomas M. McDonald, President (name of officer or agent, title of officer or agent) of Craven Thompson & Associates, Inc. (Name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. Patricia D, Joyce 'b'..ro m # DDW= Si ature of Notary ub c —State of Florida Printed, typed/stamped e of Notary Public Exact' as commissioned Personally known by me, or ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath CRKNEN 1H0AIPSON & ASSOC19ES INC Temp Reso. No. 10428 Exhibit "2" Temp. Reso. #9434 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 THOMPSON & ASSOCIATES, INC.; (2) ECKLER ENGINEERING, INC.; (3) MATHEWS CONSULTING, INC.; (4) MILLER LEGG AND ASSOCIATES, INC.; AND (5) WILLIAMS, HATFIELD & STONER, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERASILITY, 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 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 -.--- -- ----I 7—Tamara_P_eacock---- ------ 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) Temp. Res o. #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 'WHEREA�_clauses are hereb 9 9 y ratified -and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION Z 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 &") 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. Temp. Reso, #9434 Page 4 June 18, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11 T" day of July, 2001. ATTEST: --al MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. J ITCHELL S. K T CITY ATTORNEY E° 1JOE SCHREIBER `f MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aye/ DIST 1: COMM. PORTNER ,4yI. DIST 2: COMM. MISHKIN A � DIST 3: VIM SULTANOF 6. DIST 4: COMM. ROBERTS � `� CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this day of 2001 by and between: -- - Citt 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 Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563 NW 53rtl 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 s_ervices;_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: L-_ . SCOPE 0F 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 Craven Thompson. 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. fn-addition,-Consultant-shalt--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. 2 Agreement - AE Services Craven Thompson.doc 4. Surveying property plats and descriptions, S. Assistance with CAOD. 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 cdtnpCetion_- —_ 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 compensatiorF 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 Agreement - AE Services Craven Thompson.dac 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 rnagnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hcurl lus Direct Salary sts 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, 4 Agreement - AE Services Craven Thompson.doc MA 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; Line of Business/ Coverage Occurrence Limits Commercial General Liability $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Aggregate $1,000,000 5 Agreement - AE Services Craven ihompson.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 band 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 an 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 Craven Thompson.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. 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 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. 7 Agreement - AE Services Craven Thompson.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. J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall not relieve the construction 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. >Vt. TIME OF PERFQRMANCE. Consultant shall ccmmence 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 8 Agreement - AE Services Craven Thompson.doc for all necessary approvals from all City of Tamarac departments, and administration of public meetings in City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. MONITORING. Consultant's work shall be subject to the inspection and direction of City, which shall conduct periodic reviews with Consultant. Where Consultant's work is unsatisfactory to City, Consultant shall correct it at the direction of City and at no additional cost to City; however, it is incumbent upon City to notify Consultant immediately of any work deemed unsatisfactory. Consultant will indemnify City for any increased construction costs solely and proximately caused by negligence on the part of Consultant concerning any assigned project, less any betterment to City. P. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, which City deems to be in its best interest, provided City provides proper written notice to Consultant of such interruption, postponement or abandonment of the work. In such case, City shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the normal work week,. designate or appoint one or more representatives of Consultant who are authorized to act on behalf of Consultant regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep City continually advised of such designation. R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by 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 9 Agreement - AE Services Craven lhampson.doc For Consultant Robert D. Cale, III, P.E. Executive Vice President Craven Thompson & Associates, Inc. 3563 NW 531 Street Fort Lauderdale, FL 33309 S. 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-EXCLUSIVI~ 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 an 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 Craven Thompson.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 tide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or Company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a Resolution of the City Commission passed at a meeting held on 2001. , 11 Agreement - AE Services Craven Thompson -doe IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above, ATTEST: By: Marion _Swenson, CIVIC City Clerk To F Y- tc elt S. Kra City Date: �� Q ATTEST: ( orporate Secretary Robert D. Cole, TIT Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC a Florida Municipal Corporation By: 4C," --C' J Schreiber, Mayor Date: 7- / �, - d / By: Jeffrey L. Miller City Manager Date: 7- / G -cI Craven Thomps & ssociates, Inc (Authorized Signature) Thomas M. McDonald, f53'Ff�#c'` President Type/Print Name and Title Date: / 18 / 01 12 Agreement -AE Services Craven Thompson.doc CORPORATE ACKNOWLEDGEMENT STATE OF F-Lorida COUNTY OF Br o�vard The foregoing instrument was acknowledged before me this 18 t h day of Jude Thomas M. McDonald, 2001 by Reface®x�;a!>3x6t�c{xi�{ic� President (name of officer or agent, title of officer or agent) of Craven Thompson $ Associates�lnc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. Signature of Notary ublic —State of Florida ,,�AYP�e MA.RTHA 0101 lOt,AN41d Printed, typed/stamped name of Notary Public i & t �MM15510N * CC 720285 Exactly as commissioned o FXPIRE5 APR 1, 200-2 BONDED THRU '14OF pO ATL4ri,"IC CN[N C, CO., INC. ,-��] Personally known by me, or ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or E� Did not take an oath 13 Agreement - AE Services Craven Thempson.doc 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 Or Robert D. Cole, III, Executive Vice President/Secretary WHEREFORE, the undersigned has executed thi February, 2001. , "� �/' 2"/'r olution on this the 27`h day of THOMAS M. McDONALD, President 0BERTD. COLE, III, Execut1v - STATE OF FLORIDA COUNTY OF BROWARD Sworn to and subscribed to before me this 27`h day of February, 2001, by Thomas M. hlcDona d and Robert D. Cole, III, both personally known to me or who have produced N A as identification. --�� PAT I D. JOYCE Nota ublic, State of Florida �•�/,, Patricia 1). Soyce �+ F sio=h 720329 ry `. 23, 2002 EXHIBIT "A" SALARY COSTS Jun-01 r . City Of Tamarac CONSULTANT: Craven Thompson & Associates, Inc. Haurl Rate OES EMPLOYEE CATEGORY SENIOR COMPANY OFFICER PROJECT" MANAGER $155.00 QUALITY ASSURANCE PERSON $135.00 SENIOR ENGINEER(2) $115.00 ENGINEER(2) $100.00 SENIOR DESIGNER%TECH. (2) $40.00 DESIGNER%TECH. $72.00 SENIOR DRAFTER(2) $58.00 DRAFTER $62.00 SECRETARY $47.00 REGISTERED LAND SURVEYDR $47.00 3-PERSON SURVEY CREW $100.00 2-PERSON SURVEY CREW $95.00 SENIOR RESIDENT REP, $83.00 7ESIDENT REPRESENTATIVE $70.00 $60.00 (2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHITECT Al TAMEXA.615.XLS C2 AF-111 SCHEDULE OF EXPENSES AND OTHER CHARGES 1. Travel and Subsistence a, Out-of-town Transportation, Lcdging and Subsistence = in Accordance with b. Automobile Mileage = F.S. 112.061 2. Reproduction and Reprographics a, 6lueline Prints = $0.21/Sq. Ft.* b. Vellum and Sepia = $.50/Sq. Ft.* c. Mylar Reproducible = $2.00/Sq. Ft.* d. Outside Printing = At Cost plus 10% e. Xerox (Standard) Copies = $010/Sheet 3. Recording and Permits Fees = At Cost plus 10% 4. Services of Outside Consultant's = At Cost plus 10% 5. Special Survey Field Supplies = At Cost plus 1.0% 6. Delivery and Courier Services = At Cost plus 10% * Based on 2-foot width times length of stock used. 0 acoRa .2 E.RTIFICATE OF LIABILITY INSURANCFRA�R1JM GATE (MM/DO/YY) =RaoucE�~ 12 / 31/03 30gers , Gunter, Vaughn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cnsurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE L117 Thomasville Rd, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Callahassee FL 32303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phor+e:850-386-1111 Fax:850-385-9827 Craven -- Thommppson & Assoc,,Inc Ft- NW Lauderdale FL INSURERS AFFORDING COVERAGE INSURER A: Fireman' s Fund / FSPLS INSURER a: Associated Industries Ins Co. INSURER C. - INSURER D: ;OVERAGES NSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MAY WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CONDITIONS OF SUCH SR TYPE OF INSURANCE POLICY NUMBER �^�I�F C DATE MM/ODIYY I GE GENERAL LIABILITY I DATE MMIDONY LIMITS k II X COMMERCIAL GENERAL LIABILITY 860AZC80735463 10/15/03 EACH OCCURRENCE $2,000,Q00 CLAIMS MACE }[� OCCUR 10/15/04 FIRE DAMAGE (Any one fire) 5100,Opp — �~ MED EXP (Any one person) S 101000 PERSONAL I A ADV INJURY 5 2 , 000, 000 j GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4 , OOO r OOO '7 PR2" �1 POL�CV JECLOC PRODUCTS •CCMP/OPAGG $t�,000,0OQ AUTOMOBILE LIABILITY 1 ANY 960AZC80735463 l 0/15/03 COMBINED SINGLE LIMIT S 1 000 000 (Ea accident) ALL O'NNEC AUTOS , �10/15/04 X ! SCHEDULED AUTOS N — BODILY INJURY HIRED AUTOS (Per person) S �~ J /V NCN-OWAUTOS NED ,\DUI BODILY INJURY C-1 (Per accident) z S vp(� I 'W dp PROPERTY DAMAGE =' Y�• C : LIABILITY (Per accident) j ANY AUTC 4 AUTO ONLY - EA ACCIDEfQT) $==" PCCP9�o- b1e ExCE V . AOs OTHER THAN EA $ AUTO ONLY:" SS LIABILITY + F♦ L7OCCUR CLAIMS MACE DEDUCTIBLE RETENTICN S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER 2004318�4 A +lam S EACH OCCURRENCE -C- $ AGGREGATE C:3 S S S X TORY LIMITS ER 01/01/04 01/01/05 E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE- EA EMPLOYE $ ] r () 0 E.L. DISEASE -POLICY LIMIT S 1, 000 , 000 iCRIPTION OF OPERATIONS/I OCATIONSNEHICLESIEXCLUSIONS ApOEO BY ENDORSEMENT/SPECIAL PROVISIONS Project: Continuing Services Agreement for Arch/Eng Services Iditional znsured for General Liablity and Auto City of Tamarac liver of Subrogation for Workers Compensation nrlc�n � T� N I ADDITIONAL INSURED; INSURER LETTER' CITYTAM City of Tamarac Attention: Lynda Flurry 7525 N.W. 88th Avenue Tamarac FL 33321-2401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATII DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3-Q` DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, ORIZE REPRESENT V C ACORD CORPORATION 1988 03-19-04 10:57am From —CRAVEN THOMPSON +9547396402 T-246 P.03/04 F-780 AGURD,- CERTIFIGA I t Ur L1At31L l I Y IN�WKANUt .PRODUCER 03/31/03 rance Group THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 555 FOLDER, THIS GERTIFICATC DOES NOT AMEND, EXTEND OR tic Blvd LOA ALTER THE COVERAGE AFFOROFD BY THE POLICIES BEI-OW. 33063-6555 INSURERS AFFORDING COVERAGE NAIL # Craven -Thompson &Assoc, Inc. INSUPERk Zurich American Ins Co 3563 N.W, 53rd Street INSURER Ft. Lauderdale, FL 33309 INSURERC: INSURER D: COVERAGES INSURER C; THE POLICIES OF INSURANCE LISTED BELOW HAVE QEEN ISSUED TO THE ANY R;OLIREMENT. TERM OR CONDITION OF ANY CONTRACT aR OTHER INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE? HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OO,NDITIONS OF SuCri POLrCIES. AGGREGATE LIMITS SHOWN MAY BEEN HAVE REDUCED BY PAID CLAIMS, LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFP_P_U3jVk POOLAITE EXPIRATION GENERAL LIABILITY LIMcSS COMMCRCIA� GENERAL LIABILITY CACH OCCURRENCE $ DAMAGS TO RENTED CLAIMS MADE ❑ $OCCUR MED EXF (Any one PC .cn) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY me LOC PRODUCTS • COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ! , c, I COMBINED SINGLE LIMIT $ (Ea accloen) ALL OWNEDAUT05 SCHEOULEaAUTQS aO014YINJURY $ (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Paracclaenq PROPERTY DAMAGE $ (Per accidenij GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S EXCESS/UMBRELLA LIABILITY AUTO ONLY: AGG $ OCCUR CLAIMS MACE EACH OCCURRENCE $ AGGRCGAYE $ OCDUCT)BLE RE-TENTtQN $ WORKERS S' LI BILMY ION AND EMPLOYERS' LIABILITY S WC STATU- DTH- ANY PROPRIETOR/PARTNERjEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L EAGm ACCIDENT $ If yea, denurtpq ),nder SPECIAL PROV1SipNS n010w C,L, DISImASE • EA EMPLOYEE $ A OTHER Professional EDC930325101 E,L,DISEASE-P041CYLIM17 $ 03/30/03 03/30/04 $2,000,000 Each Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS f vEHICLE$ i EXCLUSIONS ADDED BY ENDORSEMENT/ Project. Continuing .Service Agreement for Arch/Eng. SPECIAL PROVISIONS $75,000 deductible Services CERTIFICATF HOLDER CANCELLATION City of Tamarac Attn: Lynda 5H0QL0 ANY OF THE ABOVE Da5CRI9H0 PO41CIES &E CANCELLED BEFORE THE EXPIRATION Flurry, 1�LIr017aS117g DAYS THEiiEdP, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -..3.f1„ DAYS WRITTEN 7 525 N.W. SSth Avenue NOTICE TO THE CERTIFICATE HOLAER NAMED TO THE LEFT, BUT FAILURE YO DO 50 SHALL Tamarac, FL 33321-2401 IMPOSE NO06LIGATtON OR LIABILITY OF ANY KIND UPON THE IN5URER, IT5 AGENTS OR REPRESENTATIVES, AUTHORIZED REPRE:ENTATIVE ACORp 2y (xppy/pg) 1 ❑f � #M30882 � - 5M 6 ACCIRD CORPORATION 198$