HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-135Temp. Reso. #10454
May 13, 2004 1
Revision 1, May 25, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-125
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO. 04-15E WITH ECKLER
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
SERVICES FOR THE CONSTRUCTION MANAGEMENT OF
THE 2 MILLION GALLON WATER STORAGE TANK AND
WATER TREATMENT PLANT IMPROVEMENTS PROJECT,
IN ACCORDANCE WITH THE CITY'S CONSULTING
ENGINEERING AGREEMENT AS AUTHORIZED BY
RESOLUTION NO. R-2001-185, FOR AN AMOUNT NOT TO
EXCEED $119,000.00; APPROVING FUNDING FROM THE
2004 REVENUE BOND PROCEEDS; 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, it is necessary to provide proper and adequate water pressure, volume
and fire protection throughout the City; and
WHEREAS, the Environmental Protection Agency (EPA) recommends that a water
utility maintain water storage capacity equal to one average day water demand; and
WHEREAS, the City currently owns water storage capacity of 2 million gallons less
than the average daily water demand; and
Temp. Reso. #10454
May 13, 2004 2
Revision 1, May 25, 2004
WHEREAS, the City needs to upgrade the high service pumping capacity at the
Water Treatment Plant to meet current and future water demand; and
WHEREAS, the City requires the service of a consulting firm knowledgeable in this
area and capable of providing professional services for the construction management of
the 2 Million Gallon Water Storage Tank and Water Treatment Plant Improvements Project;
and
WHEREAS, Eckler Engineering, Inc., possesses the required knowledge and
experience to provide the professional engineering services associated with the 2 Million
Gallon Water Storage Tank and Water Treatment Plant Improvements Project; 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 1"); and
WHEREAS, Eckler Engineering, Inc., was awarded the contract to design, permit
and bid the 2 Million Gallon Water Storage Tank and WaterTreatment Plant Improvements
Project under Resolution #R-2003-228 (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. 04-15E 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
Temp. Reso. #10454
May 13, 2004 3
Revision 1, May 25, 2004
Task Authorization No. 04-15E (a copy of which is attached hereto as "Exhibit 3") with
Eckler Engineering, Inc., to provide construction engineering services for the 2 Million
Gallon Water Storage Tank and Water Treatment Plant Improvements Project for an
amount not to exceed $119,000.00 and to provide funding from the 2004 Revenue Bond
proceeds.
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. 04-15E with Eckler Engineering, Inc., to provide
engineering services for the 2 Million Gallon Water Storage Tank and Water Treatment
Plant Improvements 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 $119,000.00.
SECTION 3: The $119,000.00 is approved to be funded from the 2004
Revenue Bond proceeds.
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 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.
Temp. Reso. #10454
May 13, 2004 4
Revision 1, May 25, 2004
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 9"' d of June 2004.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
1
Temp. Reso. #9434
Page 1
June 18, 2001
CITY OF TAMARAC, FLORIDA "EXHIBIT 1"
RESOLUTION NO. R-2001-185
TR #10454
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND
EXECUTEAGREEMENTS 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)GRAVEN 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 Qf 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
4
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 U
9. Hartman & Associates
10. Hazen & Sawyer
11. Lakdas/Yohalem
12. Mathews Consulting
13. Miller Legg
14. PBS&J
15. Reynolds Smith & Hill
16. Rhon Emest-Jones
17.Tamara Peacock
18.TBE Group
19. Williams, 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. 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.
r
Temp. Reso. #9434
Page 4
June J.
2001
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 111" day of July, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
r
r
JIELL . K F Zt)T
CITY ATTORNEY
JOE SCH EIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER &
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: VIM SULTANOF &
DIST 4: COMM. ROBERTS Aye,
1
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
his 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 880 Avenue, Tamarac, Florida, hereinafter referred to
as "City"
and
Millar Legg & Associates, Inc., a Florida corporation with principal offices located at 1800 N.
Douglas Road, Suite 200, Pembroke Pines FL 33024, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for el period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant' to be most qualified to perform said continuing type
services as City Consulting Engineer,
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement - At? 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 speck services
which Consultant agrees to furnish and the terns 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 preparirg construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recorrmendaticn for contract awards.
Agreement - AE Services Miller Legg•doc
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable,, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement. .
8, Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
11. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
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III. 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:
1. Direct Hourly lus Direct Salary Costs and Reimbursement for Non-sala
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 'W', 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 services Miller Legg.dcc
LVA
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant' shall maintain during the term of the contract
all books, reports and records in 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. INSU N E. 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 Serv`:ces 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 retehtions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made' forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If"the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to crovide certificates evidencing such
insurance to the City and Consultant.
Agreement - AE services Miller Legg.dcc
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 fumished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE Services Miller Legg.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
A;regiment - AS 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. T_ERMINATION 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. CHAN ES 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 some 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 Miller Legg•doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST: -
By..
Marion Sw nson, CIVIC
City Clerk
ATTEST:
( orporate Secretary
CITY OF 16MARAC
a Florida Municipal Corporation
By:
f e Schreiber, Mayor
Date:
Jeffrey f.Qillef, City Manager
Date: 7`I
(Signature of
Inc. Af
Dan cretary P v;r7 r._ Joh P F.. Sr. _mice President
Type/Print Name of Corporate Secy. Type[Print Name and Title
Date: 06/28/2001
(CORPORATE SEAL)
12 Agreement - AE Services Miller Legg•doc
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF�n,-.1w a rA ___
The foregoing instrument was acknowledged before me this 2 e t h day of
,tune , 2001 byDavid L . John, P .,E . , (name of officer or agent, title
Sr. Vice President
of officer or agent) of MILLE13 LEGG & ASSOCIATES ( me of corporation acknowledging),
a Florida (state or place of incorporation corporation; on behalf of the corporation.
.�e- ;Zlud��
Signature of Notary Public -- State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
9 Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or XDid not take an oath
�S' lkirbaru l !'wien
Cctobcr t 4" 203
13 A;reement - AE Services Miler Legg.doc
!QERTIFIEL) RES9LUTION
I, Dan A. Ti n t n e r , P.E. (Name), the duly elected Secretary of
: i 1 l e r , >; (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 THATDavid L. John, P.E.(Name)",
the duly elected s.. ._u; ra A re c i d e n t _ (Title of Officer) of
Miller, Lggg & A s S QQ _ Wig , _(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.
1 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
MTV . .AMML*z- . -
Senior__roj gct__Man_ag
Given under my hand and the Seal of the said corporation this _,���, day of
2qLL_____.
(SEAL) By: 1< --� --
Secretary
-� Miller, Legg& Assoc. inc.
w - Corporate Title
`T10TE:
The abo- a is a suggested form of the type of Corporate Resolution desired. Such
form need not be followed explicitly, but the Certified Resolution submitted must
clearly show to the satisfaction of the City of Tamarac that the person signing the
Bid and Bid Bond for the corporation has been properly empowered by the
corporation to do so in its behalf.
Page 1 of 1
r
ENGINEERS • SURVEYORS E MAPPERS - PLANNERS • LANDSCAPE ARCHITECT. • GIS - ENVIRONMENTAL PROFESSIONALS
�R Corporate Office: 1800 North Douglas Road • Suite '200 • Pembroke Pines, FL 33024-3200
(954) 436.7000 - Fax: (954) 436.8664 • www.milledegg.com
�E
As> ocIATI:. INC 2001 HOURLY RATE SCHEDULE
TITLE
j•IOURLY RATS
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
,' $ 75
Environmental Scientist/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 (9541436-7000 Wellington, FL (561) 798-9981
Ortando, FL (407; 926.4122
ENGINEERS - SURVEYORS R MAPPERS - PLANNERS - LANDSCAPE ARCHITECTS - GIS - ENVIRONMENTAL PROFES31ONALS
Corporate Office' 1800 North Douglas Road • SL4te 200 - Pembroke PIrm, FL 33024-3200
(954) 436-7000 - Fax: (954) 436-86M viww.mlledeW.COM
Lid
• AssaCIATIZ. INC
'Cnlebroling 35 VW13'
MILLER, 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
Offices Located In: Pembroke Pines, FL (954) 436-7000 wetlington, FL (561) 798-9981 oriondo. FL (407) 926-4122
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 880' 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 services
ll Identify the
eascpect icobmeeNngs to
which they apply. All fees for
er
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:
I. 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 Mathews Consutting.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 dnformation 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 Mathews Consiring.doc
111. 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,
4 Agreement - AE Services Mathews Consufting.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. IN RANCE. 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 Consutling.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.
6 Agreement - AE Services Mathews Ccnsuding.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 written permission is granted by City.
Agreement - AE Services Mathews Gonsutting.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($)
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 Consuking_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. CONSULTANTS REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to _this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
Agreement - AE Services Mathews Consutting.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 R SPONSIBILITIES OF CONSU TANT. 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 MAJEURRE. 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 CONTINQ„gNI 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 ,
2001.
11 Agmement - A$ Services Mat' ews Consulting.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
By:
Marion Swe son, CIVIC
City Clerk
ATTEST:
(Corporate Secretary
David L. Mathews
Type/print Name of Corporate Secy.
(CORPORATt SEAL)
CITY OF JAMARAC
a Florida Municipal Corporation
r
By:
e Schreiber, Mayor
Date: 7" / 6 ""y
By: A7
Jeffrey flMiffer, City Manager
Date: 7; / G - C
Mathews Consulting, Inc.
r
(A horized Signature)
Rene-L. Mathews,_President__
Type/Print Name and Title
Date: U -15.'D 1
12 Agreement - AE Services Mathews Consulting.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF &It
COUNTY OF .Tzk6t
The foregoing instrument was acknowledged before me this day of
2001 by Rene L. Mathews. Pre$ident (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.
Sighbture of NVdIary Public — State of rida
.00, N Nafty Arm"
* * *C"WWW CCI144re Printed, typed/stamped name of Notary Public
F•Ww►r21,M4 Exactly as commissioned
2156rsonally known by me, or
❑ Produced identification:
(Type of identification produced)
[Did take an oath, or ❑ Did not take an oath
13 Agreement -AS Services Mathews Consulting.doc
I, David L. Mathews_ the duly elected Secretary of
a corporation organized and existing under the laws of the State of Flori a,
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 Reno L. Mathowgithe duly elected
president of _Mathews Consulting. Inc.
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 following are the name, titles and official signatures of
those persons authorized to act by the foregoing resolution.
NAME
Rene L. Mathews
David L. Mathews
TITLE
President
Vice President
FAA
0 rXffi"
Given and my hand and the Seal of the said corporation this day of
2001
(SEAL) _ By: JyV
Secretary
MATHEWS
`'ONSULTTNG INC
j
EXHIBIT .A
Billable Rate Scbedule far
City of Tamarac
Direct Hourly Rates
Principal Engineer ............................................... $123.00 per hour
Senior Engineer -- Level II......'.............................$110.00 per hour
Engineer — Level I ............................................... $$5.00 per hour
Construction Inspector ......................................... $75.00 per hour
,
CADD Designer ...................................................$80.00 per hour
Technician............................................................ $50.00 per hour
Clerical.................................................................$45.00 per hour
RejMhursable Expenses
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 • Pax 561-478-7964
CERTIFICATE OF �S.IAZA 'CE _ ... �► DaI11DDmry
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PRODUCER
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COMM NO RR:K[S UPOFI M CEzzu CATE HOLDER. TKMS CELTIPICATS
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ROBS NOT AB@rD. E%TR(n OIL ALTER T= COVCRAGB AFFORDED BY 7
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COMPANIES AFFORDING COVERAGE
5979 NW 151. Street, Suite 105
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Currm A Lloyds of London
Miami Lakes, FL 33014
COMPANY B
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COMPANY
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SHOULD ANY OF THE ABOVE DESCRIBED
DATE TREREOF, TKE LISLTgG COMPA'N Wal ENOZAVOR To
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MAIL gyp_ DAYS W81t'1EN (W'nCE TO THE
LEFT, BL'r FAD.LILE TO MAIL SUCH NOTICE SHALL LMPCSE 40 OBLIGATION OR
tMON THE COMPANY, PCS AGVeTS OR REFK SL--rAr1YES-
City of Tamarac
LLAanXtY OF ANY KIND
7525 NW 88TH Avenue
AL"MORXZED
Tamarac, FL 33321-2401
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wioourrae ' THIS COMFICATe IS OWED AS A MATTER OF INFORMATION
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800 Barka t d t. $t e. 2600 ALTER Trim COVERAGE AFFORDED BY THE POLICIES BELOW.
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COMPANY
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TAXARRIt SHGULDANY OF THE A40VC OESCRIeEO POUCIES iE CANC£LL:O 8EFORE THE
VVWTION DATE rm0kfb6T. THE ISSUING COMPANY WLL ENDEAVOR TO MAIL
3 0 GAYS WRITTEm 40T�CE TO THE rrmCCATE mowm NAMED TO THE LEFT,
CITY OF TAMARAC BUT RAIWAL TO Loa S:CH NOTICE SHALL 1LPOSE NO ObL1GATIOM OR t-04L TY
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TAXARAC FL 33321-2801
ACORD:25 (tiT55j ' ::<:::
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 881 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.
Agreement - AE Services Ecxler.doc
W
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
Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
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 ECkler.doc
4. Surveying property plats and descriptions.
.5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
11
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.
a--w p-t - AG SArvicAs E.rkler.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 Casts and Reimbursement for Nan-sala
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 sha!I be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Edclendoc
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. E ORDS/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
A zraament . Ae Service& Ec+!er.doC
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" 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 Servius EeWer.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 eamed 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. DISPUT S AND INTERPRETATION. In the event of any disputes as to the
interpretatlon'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. Ncne 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.
- AE Slhn4CA5 Eckler.dOc
INDEPENDENT CONIRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstance's, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract _under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's 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 Eckler.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
.work is unsatisfactory to City, Consultant shall correct it at the direction, of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
ti
P. EXTRA SERVI ES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental 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
A�-•Or-wn1 • 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 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.
-. 1() • . A c c,,mnf, r- CrY47 (ACC
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 (16) 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.
1313. AUTHORIZING ACTION. This Agreement is entered into by Cpursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 A^reement - AE Services Eckler.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST: -
By:-
M6honSw son, M
City Clerk
ATTEST:
F
(Corporate Secretary
3/tIolvd.d. �ftlr
Type/Print Name of Corporate Secy.
- (CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By:
/J Schreiber, Mayor
Date: 7 /6 -O /
Jeffrey L. Milk, City Manager
Date: '! - / 6 • v
Eckler Engineering, Inc.
(Authorized Signature)
Donald A. Eckler, P.E. President
Type/Print Name and Title
Date: 61-71 hD /
12 Aarrnnnent - AE Serdcas Eckder.&C
CORPORATE ACKNOWLEDGEMENT
STATE OF—�
COUNTY OF���
---Ihe foregoing instrument was acknowledged before me this day of
2001 by Donald A. Eckier. P.E1_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.
WI
wrw► a nsic�n
py C"M � �It106
to. W ONO?
1 PusanI* Woo t I a" X
Sig ture o NotaDf Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
Produced Identification:
(Type of identification produced)
❑ Did take an oath, or $ Did not take an oath
13
Agreement - AE Services Ech.er.doc
QERTIFIED RESOLUTION
I, Donald A. Eckler, the duly elected Secretary of Eckler Eno!neering.In ., 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 Qonald A. F&E er, the duly elected President of Eckler
Engineering, Inc., be and is hereby authorized to execute and submit a Proposal to the City
of Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Proposal and other such instruments signed by him shall be
binding upon the said corporation as its own acts and deeds. The secretary shall certify
the names and signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims, demands,
expenses, loss or damage resulting from or growing out of honoring the signature of any
person so certified or for refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised,
revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Donald A. Eckler President-r-
Given under my hand and the Seal of the said corporation this 21' day of June, 2001.
(SEAL)
Donald A. Eckler
President
Corporate Title
Page 1 of 1
r
EXHIBIT
A
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 TE ORY
HOURLY RATE
Principal
$ 154.00
Engineer 8
$ 145.00
Engineer 7
$129.00
Engineer 6 s
$114.00
Engineer 5
$ 102.06
Engineer 4
$ 84.00
Engineer 3
$ 82.00
Engineer 2
$ 71.00
Engineer 1
$ 69.00
Technician 4
$ 95.00
Technician 3
$ 84.00
Technician 2
$ 64.00
Technician 1
$ 58.00
Secretary
$ 64.00
Administrative Assistant
$ 40.00
EXPENSES
Expenses will be as outlined in Section III, Pees and Payments, Paragraph A.1., page 4, with the
addition that subconsfiitants will be billed at cost times 1.1.
f.
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=•rMfCT•" D'AGORq�RPL'F31iTTON 145C
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 8e Avenue, Tamarac, Florida, hereinafter referred to
as "City"
and
Williams, Hatfield and Stoner, Inc., a Florida corporation with principal offices located at 2101 N.
Andrews Avenue, Suite 300, Fort Lauderdale FL 33311, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in 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.
Aoreement - AE Services Wms. Hatfield.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and 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
representativils 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.
13. 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 Wms. Hatfield.doc
4. Surveying property plats and descriptions.
5. Assistance with CARD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and 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.
if. 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 Consu!tant for any such fees.
Agreement . AE Services Wrns. Hatfield.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required In Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Dire Hourly, lus 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,
Aireerrert - AE Service% Wris. Hat`e:d.dcc
LTA
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
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-VI1 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 toss 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 covearg 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. Ha:`e!d.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 worm is permissib'e wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement • AE Services Wms. Harfleld.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 MONrTORING. 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 existirg facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; e:c. City shall be responsible
8 AG; eerent - AE Services Wms. Hatfeld.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.
0. 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 REP13ESENTATIVE. 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 cert`rfied 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
0 A - a= WMA, IHa:Ud.doc
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-EXCLU IVE 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 Anr"^nf . eP gaevie+ q Wma W2r4pr+ dnr
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,EEES. The .professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any .fee, commission, percentage, gift, or other
consideration. contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
In the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by Cit pursuant to a
Resolution of the City Commission passed at a meeting held on ,
2001.
11 Onr&^r mf . A= CArviroa Wmc HatfiAld.dCC
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
_ ^ By.
"on Swenson, CMC
City Clerk
ApprOved/4 To
/MitcMbll S. Kraft City t ► mey
Date: 11-4 Q
1-
ATTEST:
(Corporate Secretary
IDAri.� B 6XC94,A 4
Type/Prick Name of Corporate Secy.
(CORPORATE -SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By. '00 L'V"�
e Schreiber, Mayor
Date:
By:
Jeffrey L. liiler, City Manager
Date:
WIIIiams, Hatfipffand Stoner, Inc.
Ahorignature)
Nolan, President
Type/Print Name and Title.
Date: 4. zz - o I
CORPORATE ACKNOWLEDGEMENT
STATE OF
• e 4 ... �.
The foregoing instrument was acknowledged before me this day of
2001 by AnthonyA. Nolan President (name of officer or agent, title of
o er 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.
J.
VO; ��p1A/gy • ;>�,';_
Signature of ary Public — State of Florida
`:
�My comm,FOres
May ,s xo�
Printed, typed/stamped name of Notary Public
Na. 00b'67
Exactly as commissioned
OF F4pQ`��.�
personally known by me, or
f i l W 0
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ❑ Did not take an oath
CERTIFIED RESOLUTION
I'-�G�"`I (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under
the laws of the State of , do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)",
the duly elected (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.
I further certify that the following are the name, titles and official signires of those
persons authorized to act by the foregoing resolution. ��/%
AAME TITLE W:VF-O�YATURE
/r
Reed
Given under my hand and the Seal of the said corporation this day of
I
(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.
m—, 1 ,n1 1
WILLLAMS, HATFIELD & STONER, INC. EXHIBIT "A"
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF HOURLY RATES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001
HOURLY RATES FOR PERSONNEL
1. Professionals
Engineers (G), Land Surveyors (L), Planners (P), CPA (C), Environmental Scientists (S)
a. Grades 1 and 2
b. Grade 3
c. Grade 4
d. Grade 5 '
e. Grade 6
f. Grade 7
g. Grade 8
h. Grade 9
2. Engineering & Surveying Technicians
a. Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
e. Grade 5
3. Drafters & Illustrators
a. Grade I
b. Grade 2
c. Grade 3
d. Grade 4
4, Resident Project Representatives
a. Grade I
b. Grade 2 ,
c. Grade 3
d. Grade 4
e. Grade 5
5. Field Survey Parties
a. 2-Man Party
b. 3-Man Party
c. 4-Man Party
6. Word Processing Operator
a. Grade 1
b. Grade 2
c. Grade 3
d. Grade 4
7. Administrative Support
a. Ger oral Office
b. Accountant Iand 2
c. accountant 3
$65.00/Hr.
$75.00/Hr.
$85,00/Hr.
$ I00.004- r.
$115.00/Hr.
$130.00/Hr.
$155.00/Hr.
S200.00/Hr.
$45.00/Hr.
S50.00/Hr.
$60.00/fir.
$70.00/Hr.
$80.00/Hr.
S35.00/Hr.
$45.00/Iir.
S50.00/Hr.
= 560.00/Hr.
$50.001Hr.
$55.00/Hr.
= S65.00ft.
x S75.00/Hr.
S90.00/Hr.
$110.00/Hr,
— $125.00/Hr.
$140.00/Hr.
S35.00/Hr.
a"45.00/11r.
s $55.00/Hr.
S65.00/Hr.
S35.00JHr.
S;S.00iHx.
S55.C&Er.
This schedule is reviewed annually,
I
WILLIAMS, HATFIELD & STONER, INC.
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF REIMBURSABLE EXPENSES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001
OTHER CHARGES
I. Expert Witness Services
EXHIBIT "A"
a. "On -Call' Time at Courtroom and Testimony $200.00/Hr.
b. Pre -Trial Consultation _ (Min.Chg• 4 HrsJDay)
? Q Hourly Rate
2. Transportation and Travel
a. Transportation Fares, Lodging and Subsistence - Cost Plus 10%
b. Automobile Mileage - S0.32 Per Mile
3. Reproductions
a. Black -line Prints
= $0.20/Sq. Ft.
b. Mylar Reproducibles
$2.00/Sq. Ft.
c. Photocopies (Standard)
a $0.10/Sheet/Side
d. Photocopies (I1" x 17")
$0.20/Shect/Side
e. Outside Printing Service
= Cost Plus 10%
4. Recording and Permits Fees
Cost Plus 10%
S. Services of Outside Consultants
Cost Plus 10%
(Electrical/Mechanical Engineering, Environmental Consultants
Engineering Testing Laboratories, Photogratnmetry, Title and
Abstracting Services and Other Outside Consulting Services)
6. Special Field Supplies
= At Cost
7. Electronic Survey Equipn}ent
a. Modular Survey System (Total Station)
_ $ I0.00/Hr.
b. Global Positioning System (GPS)
S100.00/Hr.
8. Computer Aided Design/Drafting (CADD)
A. Computer Design Systems
S10.00/Hr. **
b. Computer Drafting Systems
— $20.00/Hr. "*
c. Geographic Information System (GIS)
= S25.00/Hr. *+
9. Delivery and Courier Services
= Cost Plus 10%
" Per hour of actual computer use. Charge includes in-house software library but does not include operator.
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 8e Avenue, Tamarac, Florida, hereinafter referred to
as "City"
and
Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563
NW 5314 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.
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 des'gn, including preparing construction documents during
bidding and awa,d of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
M '.,
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.
Ill. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. 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,
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
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate an4 endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per 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
Na.—red 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.
Ccr^struction 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 eamed 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 tN DATA COPYRIGHTS. DISCLQSURE.
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 rfurnished by Consultant (and Consultant's
ent
a s ci tes and Consultants) pursuant to th this Agreement professionalare
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.
...,.. . r. ,,,� r r. ,,*� Tunrnnscn.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
Ccrisuitant all data in its possession regarding the existing facilities. This data shall
in .'ude, but not be lirrited to: standards; specifications; pclicies; guides and
Eryineering reports; maps: plans; inventories; data: etc. City shall be responsible
A, t-o% - o, # . AC co wir 4 r;r;-NA,% 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. CONSULTANTS REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
VYth copy to: City Attorney
At the same address as above
r .,, . , c in,emeson.doe
For Consultant Robert D. Cole, III, P.E.
Executive Vice President
Craven Thompson & Associates, Inc.
3563 NW 531d 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 night 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-EXCLUSIVEAGREEMENT. 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
officeri, 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. CHANGE 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 A GAINST 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 tide 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 I
2001.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:.
By:
Marion Twenson, CIVIC
City Clerk
ATTEST:
F
( orporate Secretary
Robert D. Cole, III
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By.
Schreiber, Mayor
Date: 7- / G, - d 1
By:
Je rey L. Miller, City Manager
Date:
Craven Thomps ssociates, Inc
(Authorized Signature)
Thomas M. McDonald,
R4�?rLXPfIx3E'(1 President
Type/Print Name and Title
Date: 6 / 1 B / 01
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 18th day of
' Thomas M. McDonald,
June , 2001 by Rnhg*0xQalexl►k ExgxAhyk = 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,
VAYM MARTMA bIGIROL..AMa
:d� , COMMISSION # Cc 720285
EXPI BOHO TH2� RU N
�OF? ATLA►MC BONDING CO., INC.
Signature of Notary rublic — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
�] Personally known by me, or
❑ Produced identification:
(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
Or
Robert D. Cole, III, Executive Vice President/Secretary
WHEREFORE, the undersigned has executed this/ on this the 27`� day of
February, 2001.
M. McDONALD, President
OBERT D. COLE, III, Execuuv residmn lecretary
STATE OF FLORIDA
[Orel "JUWALON"Di Te 'v = tY-61
Sworn to and subscribed to before me this 27`s day of February, 2001, by Thomas M.
McDod and Robert D. Cole, III, both personally known to me or who have produced
0A V identification.
PAT
D. JOYCE
Not
ublic, State of Florida
, Patrlda A Joyce
"44m WOn 20324
�'
Mard 23 2002
Banded TIM
MIBIT "A"
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
QUALrry ASSURANCE PERSON
$115.00
SENIOR ENGINEER(2)
$100.00
ENGINE 2
$90.00
SENIOR DESIGNERjTECH. (2)
$72•00
DESIGNER/TECH.
$ •00
SENIOR 50FTER(2
$62.00
DRAFTER
j47.00
SECRETARY
$47.00
Rf-GISTMD LAND URVEY R
$100.
3-PERSON SUR—Vff CREW
$95.00
2-PERSON SURVEY CREW
$83.00
SENIOR RESIDENT REP.
$70.00
RESIDENT REPRESENTATIVE
$60.00
(2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHI I EC I
Al TAMEXA . 615 . XLS
EXHIBIT "BN
SCHEDULE OF EXPENSES AND OTHER CHARGES
1. Travel and Subsistence
a. Out --town Transportation, Lodging and Subsistence = in Accordance with
b. Automobile Mileage = F.S. 112.061
2. Reproduction and Reprographics
a. Blueline Prints
= .$0.21/Sq. Ft.*
b. vellum and Sepia
_ $.SO/Sq. Ft*
c. Mylar Reproducible
=' $2.00/Sq. Ft*
d. Outside Printing
= At Cost plus 10%
e. Xerox (Standard) Copies
: $0.10/Sheet
I Recording and Permits Fees At Cost plus 10%
4. Services of Outside Consultant's = At Cost plus 100/c
S. Special Survey Field Supplies . = At Cost plus 10%
6. Delivery and Courier Services = At Cost plus 10%
* Based on 2-foot width times length of stock used.
Temp. Reso. #10255
September 23, 2003 1
"EXHIBIT 2"
TR #10454
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-Aar
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO. 03-11E WITH ECKLER
ENGINEERING, INC., TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PERMITTING, AND BIDDING
FOR THE 2.0 MILLION GALLON WATER STORAGE TANK
AND WATER TREATMENT PLANT IMPROVEMENTS, 4N
ACCORDANCE WITH THE CITY'S CONSULTING
ENGINEERING AGREEMENT AS AUTHORIZED BY
RESOLUTION #R-2001-185, FOR AN AMOUNT NOT TO
EXCEED $85,000.00; APPROVING FUNDING FROM THE
APPROPRIATE BUDGETED UTILITIES ACCOUNT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
ADMINISTER THE CONTRACT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTI E DATE.
WHEREAS, the City of Tamarac awns, operates and maintains the water supply,
treatment, and distribution systems; and
WHEREAS, it is necessary to provide proper and adequate water pressure, volume
and fire protection throughout the City; and
WHEREAS, the Environmental Protection Agency (EPA) recommends that a water
utility maintain water storage capacity equal to one average day water demand; and
1
Temp. Reso. #10255
September 23, 2003 2
WHEREAS, the City currently owns water storage capacity of 2 million gallons less
than the average daily water demand; and
WHEREAS, the City needs to upgrade the high service pumping capacity at the
Water Treatment Plant to meet current and future water demand; and
WHEREAS, the City requires the service of a consulting firm knowledgeable in this
area and capable of providing professional services for the design, permitting, and bidding
for the 2 Million Gallon Water Storage Tank and Water Treatment Plant Improvements;
and
WHEREAS, Eckler Engineering, Inc. possesses the required knowledge and
experience to provide the professional engineering services associated with the Tamarac
East Water Main Improvements; 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 R-
2001-185 (attached as Exhibit 1); and
WHEREAS, it is the recommendation of the Director of Utilities that Task
Authorization No. 03-11 E 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. 03-11 E (attached as "Exhibit 2") with Eckler Engineering, Inc. to
provide Engineering Services for the 2 Million Gallon Water Storage Tank and Water
Treatment Plant Improvements for an amount not to exceed $85,000.00 and to provide
Temp. Reso. #10255
September 23, 2003 3
funding from the appropriate budgeted Utilities account.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
$EgTION 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. 03 11 E with Eckler Engineering, Inc. to provide
engineering services for the 2 Million Gallon Water Storage Tank and Water Treatment
Plant Improvements, 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
$85,000.00.
SECTION 3. The $85,000.00 is approved to be funded from the appropriate
budgeted Utilities accounts.
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 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
Temp, Reso. #10255
September 23, 2003 4
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 8'" day of October, 2003.
' JOE SCHREIBER
ATTEST: MAYOR
RECORD OF
MARION S ENSON, CMC MAYOR SCHREIBERSSION VOTE:
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4., V/M ROBERTS ._._.
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
REG:oml
ECKLER ENGINEERING, INC.
March 17, 2004
442.BD
Mr. James Moore, P.,E.
Assistant Director of Utilities
City of Tamarac
6001 Nob Hill Road
Tamarac, FL 33321
Dear Mr. Moore:
CON N(; CIVIL ENG/NEE
EXHIBIT 1N TR 10454
Reference: Proposal for Engineering Services
Task Authorization No. 04-15E
2.0 MG Water Storage Tank and Water Treatment Plant Improvements
Per your request of March 16, 2004, we are pleased to submit two (2) copies of the this proposal
for providing the engineering services associated with the construction of the proposed finished
water storage and high service pumping improvements at the City's Water Treatment Plant.
The scope of services proposal includes:
Traditional and special services during construction.
Our proposed not -to -exceed estimate for engineering services required during the construction
phase of this project is $119,000.00. A breakdown of the fee calculation is attached at the end of
the enclosed task authorization. The engineering services for the construction phase will be billed
on an hourly rate plus direct expenses basis in accordance with the attached breakdown. Any
unused portion of the construction services fee will not be billed to the City.
Estimated construction cost opinion for the facility improvements described herein is $2,000,
000.00 to $2,330,000.00.
If this information meets with your approval, please provide us with the necessary City of Tamarac
purchase order so that we may proceed with this project.
Eckler Engineering looks forward to working with the City of Tamarac on this important Utilities
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,
)/0002v-
Donald A. Eckler, P.E.
Encl.
outh Florida
4700 RIVERSIDE DRIVE, SUITE 110 8W ID-4700
CORAL SPRINGS. FL 33087 Pr/nled on RecyaWd AWar FAX 9541755-2741
ATE
�QTM CERTIFICATE OF LIABILITY INSURANCE D
PRODUCER 03/19/04
7WIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 22668 HOLDER. THIS CERTIFICATE DOE'S NOT AMEND, EXTEND OR
Tampa, FL 33622.2668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
813 289-5200 INSURERS AFFORDING COVERAGE
INSURED
Eckler Engineering, Inc. INSURERA: United States Fidelity & Guaranty
4700 Riverside Dr. INSURER B: St. Paul Fire 8� Marina
Suite 110 INSURER C:
Coral Springs, FL 33067 INSURER b:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
VSR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
A GENERAL LIABILITY 8KO1260410 11/27/03 11/27/04 EACH OCCURRENCE LIMITS $2000000
X 'COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
FIRE DAMAGE (Any one fire) $300 0On
MfD EXP (Arty one Person) $1 n 000
PERSONAL A ADV INJURY $2 000 000
GEN L AGGREGATE LIMRAPPLIES PER:
GENERALAGGREGATE S4000000
POLICY PRO" LOC
PRODUCTS •COMP/OPAGG 34 nO0 Ann
A AUTOMOBILE LIABILITY
BKO1260410
11/27/03
11/27/04
ANY AUTO
COM13INED SINGLE LIMIT(Ea accident) S2,000,000
ALL OWNED AUTOS
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GARAGE LIABILITY
ANY AUTO
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AUTO ONLY - EA ACCIDENT $
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RETENTION S
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B WORKERS COMPENSATION AND
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WVA7753045
05/01/04
105/01/05
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E.L. EACH ACCIDENT $1 UO 000
E.L. DISEASE - EA EMPL OYEE $100 000
OTHER
QP03804531
E.L. DISEASE . POLICY LIMIT eAnn Ann
rofessional
1
12/02/03
12/02/04
$1,000,000 per claim
lability
$2,000,000 aggregate
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability is claims made and reported.
City of Tamarac Is listed as an additional insured With respect to
the General Liability Policy.
TE HOLDER I X I AD
City of Tamarac
6001 Nob Hill Rd.
Tamarac, FL 33321
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O — DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BUTFAILURE TODOSOSHALL
IMPOSE NOOBLIGATION OR LIABILITY OF ANY19ND UPON THE INSURE RJTS AGENTS OR
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97)1 of 2 9M86028
KEB 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certifi ?,• ran..-, t ,': °; does riot c:: ,_ r -:rant between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
r„Nw..b
ACORD 25-S (7197)2 Of 2 4MB 6 02 8
TASK AUTHORIZATION NO. 04-15E
SCOPE OF SERVICES
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
INTRODUCTION
This scope of services will cover engineering services required during the construction phase
of the project. In accordance with the CITY's request of March 16, 2004 this scope shall cover
the following:
Traditional engineering services during construction.
2. Special engineering services during construction.
The preliminary task order Opinion of Probable Construction Cost for the above referenced
improvements is estimated at $2,000,000 to $2,330,000.
ARTICLE 1 - SCOPE OF SERVICES
Construction Phase
Task C1- Preconstruction Activities Prior to Notice to Proceed
After issuance of a Notice of Award by City, assist the City in the preparation and signing of the
Contract Documents by reviewing insurance certificates, filling in any of the Contract forms to
develop a conformed set of Contract Documents, distribution of documents to the City and
Contractor , or any other task which may be required to get the Contractor started. The
ENGINEER will also undertake other preconstruction activities which include attending the
preconstruction meeting, providing preconstruction meeting minutes to all attendees, and
assisting the Contractor in finalizing any permit application issues or technical assistance with
any building permit review issues or questions required for the construction of this project and
by providing the required number of signed/sealed drawing sets for building permits and the
sets of Contract Documents required for construction.
Task C2 - Consult and Advise
Provide technical advise and assistance to City during the construction period and provide
necessary interpretations and clarifications of the Contract Documents as required by City or
Contractor.
Task C3 - Review Shop Drawings
Review Shop Drawings and samples, the results of tests and inspections, and other data
submitted by the Contractor in accordance with the Contract Documents shall then be sent to
the City for review and comment, appropriately marked and then returned to the Contractor. A
total of fifty (50) submittals is the estimate basis for this item's budget.
Page 1 of 6
ti ~
Task C4 - Review Pay Requests and Schedules
Review eight (8) monthly pay requests and make recommendations for payment to City.
Monthly pay requests will be reviewed in the field and an agreement reached between the
Contractor, City's project representative, and the Engineer prior to formal submittal to City for
payment. Review the Contractor's preliminary and monthly progress schedules through
completion.
Task C5 - Perform Periodic and Milestone Inspections
Engineer will make periodic site visits at intervals appropriate to the various stages of
construction to observe the work, determine conformity with the contract documents and
compliance with the construction permits. It is anticipated that there will be four (4) site visits.
Perform inspections to determine that the project has achieved Substantial Completion and
readiness for Final Acceptance and that the Work has been completed in conformance with the
Contract Documents to certify completion of construction to permitting agencies. Four(4) such
site visits are anticipated.
Task 06 - Progress Meetings
Attend eight (8) monthly construction related progress meetings. The ENGINEER shall
schedule, preside over and generate and distribute minutes of these meetings. The purpose of
these meetings is to formally coordinate the activities of the Contractor and CITY to resolve any
conflicts and to review working procedures as required to satisfactorily complete the project.
Task CT - Contract Modifications
Develop the necessary data, notes and clarification drawings required to prepare contract
modifications to reflect adjustments to the construction project. Three (3) contract modifications
incorporating a total of six items, is the estimate basis for this budget item. One of the contract
modifications will be the final reconciliation contract modification prepared at the end of the
project.
When CITY requests additional contract modifications, the ENGINEER's fee may be adjusted
accordingly based on a mutually agreed amount.
Task C8 - Project Closeout
Review the Contractor's record drawing information which shows the work as it was
constructed. Prepare for CITY sets of record drawings showing those changes made during
the construction process based upon information provided by the Contractor.
ENGINEER shall prepare signed and sealed record drawings based on Contractor's field data
ENGINEER shall submit final copies of record drawings to CITY.
Attend the final project reconciliation meetings with CITY and the Contractor.
Page 2 of 6
Task C9 - Regulatory Agency Documentation and Project Closeout Submittals
Project services in connection with preparing certification of Final Completion of Construction to
BCHD/FDEP with record drawings.
Task C10 - Special Services
The Engineer shall provide special services during construction consisting of the following
items:
Resident Services
Services which will be provided by the Engineer's resident project representative will consist of
the following:
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.
A. Observe any tests and review the results of tests required of the Contractor by the
Contract Documents.
B. Observe the placement of reinforcing steel and all major concrete pours. Observe the
construction of all piping and equipment placement.
C. Test and check out the operation of all equipment and controls.
D. 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 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 for an average of three (3) days a
week, approximately 8 hours per day.
Protect Deliverables
Project deliverables for the project construction phase shall be in accordance with Table 2,
attached.
ARTICLE 2 - DATA OR ASSISTANCE TO BE PROVIDED BY CITY
A. Provide assistance with regulatory agencies and payment of all applicable permitting
fees.
B. Attendance at project meetings.
Page 3 of 6
/_1:491014=&M W141•];K919]J,IQ114119
Table 1 provides the preliminary project schedule based on days from the receipt of the
Authorization to Proceed.
ARTICLE 4 - PAYMENT AND COMPENSATION
As consideration for providing the services enumerated in Article 1, the City shall pay the Engineer
fees as described below:
A. Construction Phase
For services enumerated in Article 1, Tasks C1 through C10, the estimated not to
exceed fee of $119,000.00.
Engineering services during construction will be billed on an hourly rate 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 this estimated not -to -exceed fee will not be billed to the City.
The fee has been determined in accordance with the scope of work breakdown attached
as Table 3.
The fee does not include the provision of the following items:
1. Payment of permit fees.
2. Preparation of permit submittal applications to the City of Tamarac Building
Department.
3. Any expert witness or testimony services.
ARTICLE 5 - AUTHORIZATION
In WITNESS WHEREOF, the parties herewith subscribe the same in duplicate.
ECKLER ENGINEERING, INC.
By:)00"00.
,,.
Donald A. Eckler, P.E.
YADocuments\'
CITY OF TAMARAC
ML Z
ff ref L. Miller
City Manager
GST SDC\SCOPE\Task Auth 04-15E.wpd oe Schreiber
Mayor
Page 4 of 6
No Text
■
TABLE 1
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
PRELIMINARY PROJECT CONSTRUCTION SCHEDULE
Activity Complete To Complete
(Days) (Days)
1. Notice to Proceed 0 0
2. Construction Phase to Substantial Completion 210 210
3. Construction Phase to Final Completion 30 240
Detailed schedule will be provided by the project CONTRACTOR
(Remainder of page left blank intentionally.)
Page 5 of 6
TABLE 2
2.0 MG WATER STORAGE TANK AND WATER TREATMENT PLANT IMPROVEMENTS
LIST OF PROJECT DELIVERABLES
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.
• 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.
Page 6 of 6
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