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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-089Temp. Reso. 10422 Page 1 of 4 April 14, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 ^8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CRAIG A. SMITH & ASSOCIATES FOR PHASE II OF STORMWATER PUMP STATION REHABILITATION PROJECT TO PROVIDE CONSTRUCTION ENGINEERING SERVICES; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $101,600.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the three stormwater pump stations on the C-14 canal are an essential part of the City's stormwater system which controls the canal levels as regulated by the South Florida Water Management District (SFWMD) west of NW 64" Avenue/SW 81 Avenue, excluding land section 7; and WHEREAS, it is necessary to rehabilitate said pump stations which have been in service for approximately 30 years and have exceeded their useful service lifetime aggravated by significant deterioration, difficulty of obtaining spare parts, ineffectiveness of further repair attempts and outdated technology; and WHEREAS, in the fall of 1998, the City requested Letters of Interest (LOI No. 99-L- 03) for engineering services related to the Stormwater Pump Station Rehabilitation Project; and Temp. Reso. 10422 Page 2 of 4 April 14, 2004 WHEREAS, in the spring of 1999 a City -Manager -appointed committee selected Craig A Smith & Associates among six (6) responding firms as the most qualified one to provide required engineering services; and WHEREAS, on July 14, 1999, the City Commission approved Resolution R-99-179 to execute an agreement with Craig A. Smith & Associates for the design of the rehabilitation of said pump stations as part of Phase I of the Stormwater Pump Station Rehabilitation Project, a copy of said resolution hereto attached as Exhibit 1; and WHEREAS, Resolution R-99-179 also provided for construction management and inspection services by Craig A. Smith & Associates, Inc., as part of Phase II of said rehabilitation project, but did not approve an expenditure for such at that time pending future available funding; and WHEREAS, construction engineering services will be required immediately after construction of this project has been awarded; and WHEREAS, Public Works staff has reviewed a proposal from Craig A Smith & Associates to provide construction engineering services for Phase II of the Stormwater Pump Station Rehabilitation Project in an amount not to exceed $101,600.00, a copy of said proposal hereto attached as Attachment A of Exhibit 2; and Whereas, the City of Tamarac publicly advertised Bid No. 04-05B for Stormwater Pump Stations East, Central, and West Renovations in the Sun -Sentinel on January 4 and 11, 2004, with a bid opening on March 24, 2004; and WHEREAS, available funds exist in the Public Works Stormwater budget for the purpose of providing construction engineering services for this rehabilitation; and Temp. Reso. 10422 Page 3 of 4 April 14, 2004 WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City enter into this agreement for Phase II of the Stormwater Pump Station Rehabilitation Project to provide construction engineering services in an amount not to exceed $101,600.00; 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 enter into this agreement for Phase II of the Stormwater Pump Station Rehabilitation Project to provide construction engineering services in an amount not to exceed $101,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are authorized to execute an Agreement between the City of Tamarac and Craig A. Smith & Associates for Phase II of the Stormwater Pump Station Rehabilitation Project to provide construction engineering services, a copy of said agreement being hereto attached as Exhibit 2. SECTION 3: An expenditure in an amount not to exceed $101,600.00 is hereby authorized. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: passage and adoption. Temp. Reso. 10422 Page 4 of 4 April 14, 2004 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 281" day of April, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL`S, C I TY ATTO J E SCHREIBER -MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: VIM SULTANOFlt DIST 4: COMM. ROBERTS 1 1 1 r EXHIBIT ]_ June 30, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- I I q_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ENGINEERING AGREEMENT WITH CRAIG A. SMITH & ASSOCIATES, TO PROVIDE DESIGN, PERMITTING, BIDDING, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE REHABILITATION OF THREE STORMWATER PUMP STATIONS AS DEFINED IN THE APPROVED FY99 CAPITAL IMPROVEMENT PROGRAM BUDGET; APPROVING AN EXPENDITURE NOT TO EXCEED $158,980 FOR "PHASE I" CONSISTING OF DESIGN, PERMITTING AND BIDDING SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, one of the objectives of the City of Tamarac's Stormwater Management Division is to provide optimum protection against flooding by establishing and maintaining efficient stormwater collection, routing and pumping systems; and WHEREAS, the South Florida Water Management District (SFWMD) sets the maximum volume of water allowed to be discharged by the City's stormwater pump stations into the C-14/Cypress Creek canal; and WHEREAS, the three stormwater pump stations are an essential part of the City's stormwater system which allow limited control of the canal levels as regulated by SFWMD within the basin bounded on the north by the C-14 canal, on the west by the L-36 borrow canal, on the south by Commercial Boulevard, and on the east by the westerly limits of the City of North Lauderdale, excluding land section 7; and WHEREAS, failure of a stormwater pump station during a significant storm event may potentially result in property damage caused by rising floodwaters; and WHEREAS, it is necessary to rehabilitate said pump stations which have been in service for approximately 27 years and have exceeded their useful service lifetime aggravated by significant deterioration, difficulty of obtaining spare parts, ineffectiveness of further repair attempts and outdated technology; and Temp. Reso. #8674 Page 2 June 30, 1999 WHEREAS, request for letters of Interest No. 98-L-03, included as Attachment "2" herein, for engineering services related to the Stormwater Pump Station Rehabilitation project was published on November 11, 1998; and WHEREAS, the following firms, in alphabetical order, responded to said letter of interest: 1) Calvin Giordano & Associates, Inc., 2) Craig Smith & Associates, 3) Hartman & Associates, Inc., 4) Keith & Associates, Inc. 5) Quentin L. Hampton & Associates, Inc, and 6) Williams, Hatfield & Stoner, Inc.; and WHEREAS, a selection/negotiation committee was appointed by the City Manager to select the most qualified firm; and WHEREAS, the selection/negotiation committee found the firm of Craig Smith & Associates to be the most qualified; and WHEREAS, the results of the rating for the top three consulting firms is detailed in Attachment "3" herein; and WHEREAS, the selection/negotiation committee negotiated the consultant's fees detailed in Attachment "1" herein; and WHEREAS, the City Commission authorized funding for the design of the Stormwater Pump Stations Rehabilitation project in the Fiscal Year 1999 Capital Improvement Budget; and WHEREAS, sufficient funding exists in the appropriate Stormwater Fund accounts for "Phase I" in the amount of $158,980 for design, permitting and bidding services; and WHEREAS, funding for "Phase II" in the amount of $119,920 for construction management and inspection services is subject to City Commission acceptance of the Proposed FY2000 Capital Improvement Budget; and WHEREAS, the Public Works Director, Purchasing/Contracts Manager, City Engineer and Stormwater Utility Engineer recommend that the City enter into this agreement for the design of the Stormwater Pump Station Rehabilitation project; 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 execute the agreement between the City of Tamarac and Craig Smith & Associates for the design of the Stormwater Pump Station Rehabilitation project. 1 1 Li Temp. Reso. #8674 Page 3 June 30, 1999 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute an agreement between the City of Tamarac and Craig A. Smith & Associates, a copy of said included as Attachment "A" herein. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. r f I 1 1 PASSED, ADOPTED AND APPROVED this 14'h day of July, 1999. ATTEST: ROL G LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I approved this RESODUTION as to JDrm. ITCHELL S. CITY ATTOI RECOF MAYOR DIST 1: DIST 2: DIST 3; DIST a: U:Sadm correspondencelagenda%674RE5-C14 Pump Station Design.doc Temp. Reso. #8674 Page 4 June 30, 1999 Attachment "A" AGREEMENT City of Tamarac Engineer/Architect This is an Agreement between: The CITY OF TAMARAC, a municipal corporation with principal offices located at 7525 NW 88's Avenue, Tamarac, Florida, hereinafter referred to as "CITY" /.Wrol CRAIG A. SMITH & ASSOCIATES, with principal offices located at 1000 W. McNab Road, Suite 200, Pompano Beach, Florida 33069 its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments set forth below, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, CITY and CONSULTANT agree as follows: ARTICLE 1. The Project 1.1 Scope of Work A. City does hereby engage the Consultant to perform engineering, construction and inspection services related to rehabilitating three stormwater pump stations for the City of Tamarac (hereinafter referred to as "City") under the terms and conditions in this contract and as detailed in Attachment "1" attached hereto and incorporated herein as if set forth in full, all required services relative to: C-14 STORMWATER PUMP STATION REHABILITATION PROJECT B. City may terminate this agreement pursuant to Section 8.1, "Termination and Suspension of Contract", prior to award of Phase "II", as detailed in Attachment "1", and may enter into an agreement with any other consultant for Phase "II" if it is deemed to be in the best interest of the City. C. Award of Phase "II" as detailed in Attachment "1", is contingent upon approval of the FY2000 Capital Improvement Budget by the City Commission. - 1 - 1.2 Schedule of Services A. It is understood and agreed that time is of the essence for this contract. Within seven (7) calendar days after the execution of this contract, the Consultant shall prepare and submit for approval to the City, a detailed schedule of proposed services showing the order in which the Consultant proposes to carry on the work. The schedule shall apply to the completion of all services listed hereunder within the time established by the contract. The schedule shall be in the form of a progress chart so as to indicate the percentage of work completed at any time. The Consultant shall, as requested, update the progress chart so as to indicate the percentage of work completed at any time. The Consultant shall, as requested, update the progress schedule and deliver three copies to the City. B. The Consultant shall complete all design work and services within Two Hundred and Ten (210) calendar days after receipt of written authorization by the City to proceed. This time frame shall include Fourteen (14) calendar days for client reviews. C. The time during which the Consultant is delayed in the work by acts of the City or its employees, or those under contract to the City, or by act of God, which the Consultant could not have foreseen and provided for, and which is not due to any fault or negligence on the part of the Consultant, shall be added to the time of completion of the work and the Consultant shall not be liable for any damages as a result of such delay. City shall not pay for additional costs due to delay unless approved by Change Order. 1.3 Consultant's Fee A. City agrees to pay Consultant, an amount not to exceed One Hundred Fifty Eight Thousand Nine Hundred and Fighty•and No/100 ($158,980.00), for "Phase I" consisting of tasks 1- I 1 as detailed in Attachment "1", Table 1. City agrees to pay Consultant, an amount not to exceed One Hundred Nineteen Thousand, Nine Hundred and Twenty and No/100 ($119,920.00), for "Phase II" consisting of tasks 12-13 as detailed in Attachment "I Table 1. This shall constitute the full amount for fees. B. If the City terminates this contract at any time prior to the completion of any task or phase of work, the adjusted Consultant's fee will be determined based on the portion of task or phase of work completed. C. If the scope of the project is revised, the fee shall be revised by negotiation between the City and the Consultant. If negotiations fail, the contract will be mutually terminated in writing. D. If the City fails to authorize the Consultant to proceed with any portion of this contract for a period of six (6) months, except as described in Article 8, the City and the Consultant shall renegotiate the Consultant's fees under this contract. A written amendment shall be issued and executed by both parties. If no agreement can be reached, this contract shall be terminated under the provisions of Article 8. E. It is understood that "Phase 11" consisting of tasks 12-13 as detailed in Attachment "I", is contingent upon approval of the FY2000 Capital Improvement Budget by the City Commission. -2- ARTICLE 2. DefMitions 2.1 Appropriate Authorities - Any private, local, municipal, county, state, regional, or federal authority, public utility, or other agency. 2.2 Approved Final Construction Cost Estimate - The estimate of construction cost approved by the City at the time the completed drawings, details and specifications are approved by the City. 2.3 Purchasing Division - The division of the City authorized by the Commission to administer this contract. 2.4 City Commission - The City Commission of the City of Tamarac. 2.5 Construction Proieet Bud et - Funding in place, for the complete construction of the project, as established by the City. 2.6 Consultant - Architectural and/or Engineering firm hired by the City, based on competence and related experience, to perform work described in this agreement. 2.7 Contract Documents - Standard contract and all project documents designated in the contract as part of the contract, including working drawings, specifications, addenda, general conditions and special conditions of the contract. 2.8 C� - The City of Tamarac, -and its representatives, as herein stated. 2.9 Itemized Categories of Work - Those applicable and specific categories of work necessary for completion of construction of the project including, but not limited to: demolition, site preparation, earthwork and grading, general construction items, sewer, gas, water, plumbing, storm drains, electrical, on -site improvements, off -site improvements, landscaping and irrigation. 2.10 Project Construction Cost Estimate - The Consultant's dated, itemized estimate, including the itemized categories of work, of the entire project's current cost, escalated to the proposed mid point of construction. 2.11 Project Mana er - The City employee responsible for the administration of the contract. ARTICLE 3, Basic Services of Consultant 3.1 General Services The services to be rendered by the Consultant shall consist of all services related to the project as outlined in Attachment "1", specifically including, but not limited to, the following: A. Process all matters relating to this project through the Project Manager, B. Consult with authorized employees, agents, and representatives of the City and other agencies having jurisdiction relative to the design and construction of the project. ME C. Make field trips as required to review existing site conditions, and to properly prepare design and construction documents. D. Attend design meetings as scheduled by the Project Manager, prepare minutes of meetings, and distribute within three (3) working days. E. Contract for sub -consultants, at the Consultant's expense, to the extent necessary for design of the project, including but not limited to, mechanical, electrical, structural and civil engineers, and landscape consultants, all licensed or registered as such by the State of Florida. All plans and specifications shall be prepared by a professional currently licensed by the State of Florida, and shall be signed and sealed by the professional. F. Submit sub -consultant's names for approval by the City, for each professional element of service of the project. Nothing in the foregoing procedure shall create any relation between the City and any sub -consultant employed by the Consultant under terms of this contract. G. Designate a principal or member of Consultant's staff satisfactory to the City as the Project Consultant who shall, as long as Project Consultant's performance continues to be acceptable to the City, remain in charge of the required services of the project through the completion of construction. H. Obtain and comply with requirements of appropriate authorities, utility companies and other governmental agencies whose jurisdiction affects the design, cost, or construction of the project. 1. Prepare plans and specifications in such form as to comply with the latest applicable laws, building codes and ordinances. J. Advise the City of deficiencies in construction of the project which have developed following the acceptance of the work and prior to expiration of the guarantee period of the project, and suggest satisfactory methods for corrections of such deficiencies. K. Indicate on the project plans and in the specifications the specific classification of licensed Contractor required to perform the work. L. In performing service9 under this Agreement, Consultant shall be deemed an independent contractor and shall not act as nor be an agent or employee of the City. As an independent Contractor, Consultant will be solely responsible for determining the means and methods for performing the professional and/or technical services described in Attachment "I". 3.2 Preliminary Construction Document Services Upon written authorization by the Project Manager to proceed with preliminary construction document services, the Consultant shall: A. In consultation with the Project Manager, obtain project requirements from the City and prepare preliminary drawings for City approval. -4- B. Prepare and submit for approval a written itemized project construction cost estimate and schedule. The project schedule shall be in Critical Path Method (C.P.M.) format, listing sufficient activities for proper schedule tracking. The cost estimate and schedule shall be provided to Project Manager within fourteen (14) days of the award of contract. 3.3 Construction Document Services Upon Project Manager's approval of preliminary plans and project construction cost estimate and schedule, and upon receipt of written authorization from the Project Manager to proceed with the preparation of construction documents, the Consultant shall: A. Prepare from the approved preliminary plans and specifications, construction documents consisting of working drawings, specifications and such standard documents and special requirements as may be furnished by the City. B. Submit for City review and acceptance, at sixty (60) percent and ninety (90) percent completion, five (5) sets of construction documents, consisting of working drawings, specifications, cost estimate, and construction schedule. C. After obtaining all regulatory agency approvals, i.e., Building and Safety, Environmental Health, South Florida Water Management District, or other required approval, submit five (5) sets of construction documents consisting of working drawings, specifications, cost estimate, and construction schedule at one hundred (100) percent completion. D. Prepare documents in such detail as may be required to obtain competitive bidding for the entire project or any division of the work. E. Prepare and submit for City approval, a written final project construction cost estimate upon one hundred (100) percent completion of construction documents. The estimate shall be itemized including estimates for alternate bid items. in the event that bids are not solicited within one hundred (100) calendar days after the Consultant submits the one hundred (100) percent complete construction documents and final estimate to the project manager, the Consultant shall upon written direction by the Project Manager revise his final estimate of construction costs so as to reflect any changes in price due to increase or decrease in construction costs. F. Upon written approval by Project Manager of a final approved set of drawings and specifications including all corrections required by building and safety, Public Health department, and other regulatory agencies, provide a complete set of project documents to the Project Manager in reproducible form. 3.4 Bidding Services Upon solicitation of bids by the City, the Consultant shall: A. Attend the pre -bid meeting as scheduled by the City. B. Prepare addenda and clarification documents, interpret construction documents and assist the City as required. -5- C. Assist the City with review, evaluation, and recommendations for awarding construction contracts. D. if the approved final construction cost estimate for the construction document phase exceeds the project budget by more than ten (10) percent, the City may, at its discretion, (1) give written approval of an increase in the project budget, or (2) authorize the soliciting of bids, reserving their rights under paragraph 3.4, (E)(2) below, or (3) require the Consultant to revise construction drawings to reduce construction cost to within the project budget. E. if the lowest responsible bid received exceeds the project budget by more than ten (10) percent, the City may, at its discretion, (1) give written approval of an increase in the project budget, or (2) authorize rebidding of the project within a reasonable time, and require the Consultant to revise the scope of the project or its quality or both so as to reduce the project construction cost, in which case the Consultant shall at Consultant's expense, if so directed by the Project Manager, modify the construction documents as directed in order to reduce the project construction costs to within the project budget, or (3) abandon the project. 3.5 Construction Administration Support Services Upon award of construction contract by the City, the Consultant shall provide all the construction administration services set forth below: A. Interpret the contract documents and furnish five (5) copies, one of which shall be in reproducible form, of air clarification drawings and other documentation required. Prepare for approval by the City, change orders to construction contract which are necessary as a result of such interpretations and/or clarifications. Analyze price quotations received from the construction Consultant for proposed change orders and advise the City as to the acceptability of same. B. Make all revisions and changes to the contract documents as directed by the Project Manager to correct errors, conflicts, or omissions. C. Make periodic inspection visits (as required) to the project to assure that the progress of the work, the character, scope and detail of construction, the quantity and quality of materials and equipment, and the standard of workmanship conform to the intent of the Consultant as expressed in the contract documents; attend project meetings, prepare minutes for distribution by the Project Manager. A written report detailing field observations shall be submitted to the Project Manager following each site visit. D. Provide technical direction and interpret the contract documents for the Project Manager and inspectors of the City and advise said Project Manager and inspectors of all recommendations as required. E. Render prompt recommendations on claims disputes and other matters in question between the construction Consultant and the City relating to the execution or progress of the work or the interpretation of the contract documents. Elm F. Analyze and recommend to the City as to acceptability of test reports, methods, materials, equipment, and systems. G. Review and recommend to the City as to the acceptability of substitutions proposed by construction Consultant. H. Review and advise the Project Manager as to the acceptability of schedules, shop drawings, laboratory reports, samples, fabrication, erection, and setting drawings, wiring, and control diagrams, schedules, list of materials and equipment, and other descriptive data pertaining to materials, equipment, or methods of construction. 1. Assemble and deliver to the City written guarantees, operating and maintenance instructions books, diagrams, and charts required of the construction Consultant. J. Participate in the final inspection of the project and advise the City as to the acceptability of work performed by construction Consultant, K. Promptly after recording the Notice of Completion by the City, furnish the City, at no expense to the City, with a City -approved form of one (1) complete set of permanent mylar transparent reproductions of the original tracings and floppy disk (floppy disk file format shall be compatible with MS Windows; floppy disk 3 1/2 inch in size; FILE must be compatible with AUTO C.A.D. software). The reproducible transparencies will be of the final working drawings and specifications including such revisions that may have been made in the course of construction. Revisions or changes shall be properly annotated on the reproducible transparencies and cross-referenced. Each transparency sheet shall be prominently noted "Record Drawing". information on reproducible drawings shall be provided to the City by the Consultants and shall not be delegated by the Consultant to any other person. ARTICLE 4. Compensation 4.1 The City shall compensate the Consultant for percentage of tasks completed based upon Consultant's invoices submitted not more frequently than monthly, as approved by the City. A. The Consultant shall not be paid for work incidental to changes required by Consultant's errors or omissions to contract documents. B. See Attachment "I" for specific breakdown of tasks. ARTICLE S. Records All records relating to the Consultant's personnel, consultants, extra services, and reimbursable services expenses, pertaining to the project shall be kept in a generally acceptable accounting format and shalt be available to the City upon request. -7- ARTICLE 6. City Responsibilities The City is responsible to provide the following: 6.1 Project budget and information relating to facility requirements and project scheduling. 6.2 Reimbursement for reproduction of final drawings and specifications for bidding. 6.3 Building permits, as required. 6.4 Necessary bid package document forms. 6.5 Construction site representative (inspector) as the City deems necessary. 6.6 Notify the Consultant in writing of City procedures required and name the City representative authorized to act in its behalf. The City shall review documents submitted by the Consultant and shall promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the project. 6.7 Nothing in this agreement nor any act or failure to act on the part of the City shall be construed as a waiver of claim by the City for any defects or deficiencies in the plans. ARTICLE 7. Documents All plans and specifications and other documents prepared by the Consultant shall become and remain the property of the City. The Consultant and City shall retain reproducible copies of all documents. ARTICLE S. Termination or Suspension of contract 8.1 The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of any work in connection with this contract at any time upon written notice to the Consultant. The Consultant may terminate this contract upon thirty-(30) days written notice to the City, should the City substantially fail to perform in accordance with its responsibilities. 8.2 In the event of termination, all finished and unfinished design and research documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall, become the property of the City, 8.3 In the event of termination, the City shall pay to the Consultant as full payment for all services performed and all expenses incurred under this contract the sum due and payable. Ala 8.4 It is recognized that the City may, at its discretion, defer the solicitation of bids. The Consultant agrees to remain responsible for completion of all professional services under this contract for a period of one -(I) year commencing on the date of submission of the final approved construction documents and completion of all services under Article 3. If, at the end of the one -(I) year period, the City has not proceeded with the solicitation of bids, the Consultant may, by written notice to the City, terminate this contract. It is specifically agreed that the written notice is essential and the one -(I) year period shall automatically be extended until receipt of notice. Section 1.3(D) shall not apply to this provision. 8.5 If, after payment of the amount required to be paid under this Article 8 following the termination of the contract, the City should decide to complete the project, the City shall have the right of utilization of any original tracings, drawings, calculations, specifications, estimates, and other design documents and research studies prepared under this contract by the Consultant who shall make them available upon request by the City. The City agrees to credit the Consultant with such authorship as may be due, but is not required to renew the contract. ARTICLE 9. Indemnification The Consultant agrees to indemnify, defend and hold harmless the City and its elected officials, authorized agents, officers, volunteers and employees against any and all claims arising from the Consultant's acts or omissions and for any costs or expenses, including attorney's fees incurred by the City as a result of any such claim. The City agrees to hold the Consultant harmless for any damages found by a court of competent jurisdiction to have been caused by the gross negligence of the City, to the extent permitted by and amounts provided for by law. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Florida Statute s. 768.28, as amended from time to time. This provision may not be considered to increase or otherwise waive the limits of liability to third -party claimants established by Florida Statute s. 768.28, ARTICLE 10. 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 subConsultants, 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 save the City harmless from any damage resulting to it for failure of either Consultant or any subConsultant to obtain or maintain such insurance. -9- f 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/ Covers a Occurrence Aggrceate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subConsdltant 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 subConsultants 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. Policies shall be "Occurrence" form. Each carrier will give the City sixty-(60) 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 Consuliant's Worker's 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 insurance. - l0- ARTICLE 11. Successors and Assigns 11.1 This contract shall be binding upon the City and the Consultant and their respective successors and assigns. 11.2 Neither the performance of this contract, nor any part thereof, nor any monies due or to become due thereunder may be assigned by the Consultant without the prior written consent and approval of the City. ARTICLE 12. Notices Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT William P. Snow, P.E. Vice President Craig A. Smith & Associates 1000 W. McNab Road, Suite 200 Pompano Beach, Florida 33069 ARTICLE 13. Federal Grants, State Grants, Participation In the event a federal or state grant or other federal or state financing participates in the funding of this project, the Consultant shall permit access to and grant the right to examine his books covering his work under this contract. The Consultant shall comply with federal and/or state requirements as to work hours overtime compensation, nondiscrimination, and contingent fees. ARTICLE 14. Nondiscrimination In connection with the performance of the Consultant pursuant to this contract, the Consultant will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, ancestry, sex or national origin. Such action shall include, but not be limited to the following; employment upgrading, demotion or transfer; recruitment or recruitment advertisement; layoff or tennination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. - 11 - ARTICLE 15. Waiver The Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. The waiver by either party of any breach of this contract shall not constitute a waiver as to any succeeding breach. ARTICLE 16. Representatives of the City The Director of Public Works shall represent the City in all matters pertaining to the services to be rendered under this contract and shall be the final authority in all matters pertaining to the project. ARTICLE 17. Venue This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. ARTICLE 18. Errors, Omissions and/or Conflicts The Consultant shall be responsible for the integrity of all design and research studies and should the City suffer damages due to errors, omissions and/or conflicts within the contract documents, the Consultant shall be responsible to the City for costs of all such damages. Proof by certified copies of insurance for errors, omissions and conflict coverage is required before commencement of engineering services. This coverage shall remain in full force for the entire contract period at the amount specified by the Purchasing Division. -12- l' IN WITNESS WHEREOF, the parties hereto have made an executed Agreement on the respective dates under each signature; City of Tamarac through its City Commission signing by and through its Mayor and City Manager, authorized to execute same by City Commission they. of 1999, and Craig A. Smith & Associates, signing by and through its Vice President dul uthorized to execute same. ATTEST: CAROL GOLD„ MC/AAE CITY CLERK `' L CITY OF TAMARAC CITY OF TAMARAC, a Florida Municipal Corporation J�."Cy SCHREIBER A O BERT S. NOE, JR. TY MANAGER CONSULTANT CRAIG A. SMITH & ASSOCIATES [Name of Firm] By: William P. Snow, P.E. Print Name Vice President Title - 13 - State of Florida County of Broward On this, theme day of j,,v, 19yg--, before me, the undersigned Notary Public of the State of , the foregoing instrument was acknowledged by William P. Snow ,(dame of Corporate Officer), Vice President (title), of Craig A. Smith. & Assoc.(name of corporation), a Florida (state of corporation) corporation, on behalf of the corporation. WITNESS my hand �? J and official seal Notary Public, , tate of Florida °M ALLISON LEPEL _.' f = MY COMMISSION Y CC BM762 Printed, typed or stamped name of Notary Public '�•g ri(PIRES April27, 2003 Exactly as commissioned Raided Thru Notary Public UnnwvoMrs 4 Personally known by me, oe Rzoduced.ideiuification: (Type of identification produced) Did not take an oath -14- a Attachment "2" REQUEST FOR LETTERS OF INTEREST ENGINEERING SERVICES RELATED TO STORMWATER PUMP STATIONS RENOVATION DESIGN RFP 99-L-03 CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 i AMq� OR% City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamorac.org DATE: November 11, 1998 REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Letters of Interest (L.O:I.) together with the Qualifications Statement and Proposal Form included herein and any other information relative to the experience, expertise, or proficiency of the Proposer, at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88 Avenue, Tamarac, Florida 33321, (954) 724-2450, for furnishing the services described below: ENGINEERING SERVICES RELATED TO STORMWATER PUMP STATIONS RENOVATION DESIGN L.O.I.'s must be received and time stamped by the Purchasing Division, either by mail or hand delivery, no later than 2:00 p.m. local time on December 9, 1998. Late submittals, additions or changes will not be accepted. A Pre -Proposal Conference will be held at Tamarac City Hall on November 24, 1998 at 2:00 p.m. in City Hall Conference Room 105. It will be in the best interest of the Proposer to attend this meeting. CITY reserves the right to reject any or all L.O.I.'s, to waive any or all L.O.I.'s received, to re - advertise for L.O.I.'s, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the CITY. Y�4_ '-Z, _AA� Ly 5. Flurry, CPPO Purchasing & Contracts Manager Publish: Sunday, November 15, 1998 & Sunday, November 22, 1998 Equal Opportunity Employer 1. PRE -PROPOSAL CONFERENCE A Pre -Proposal Conference and Facility Orientation will be held on November 24, 1998 at 2:00 p.m. in City Hall Conference Room 105. The purpose of the Pre -Proposal Conference is to discuss the contents of this Request for Letters of Interest. If. STATEMENT OF THE WORK Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of Tamarac seeks to identify companies with capabilities to design, bid and provide construction supervision for rehabilitating the three City stormwater pump stations located along Southgate Blvd and pumping into the C-14 canal. The work will include, but is not limited to the following: • If determined necessary by Consultant, replacement of the retaining walls, building structures, pump intakes, impellers and related hardware, including the piping running to the C-14 (three 35" pump pipes and one inflow pipe). • Replacement of propane driven motors with electrical motors with a design pumping rate of 35,000 GPM each and reserve capacity in case any one pump goes down. Include clear controls and gauges for motor operations. • Provision of a backup generator capable of running all pumps, motors, lights and telemetry. Generator shall be protected either in its own enclosure or inside the pump house. • Installation of canal level monitors capable of measuring the level of the canal with a precision of at least a tenth of a foot. Devices shall be calibrated using an established benchmark. • Installation of flow meters for each pump. • Provision of adequate electrical service needed for new system demands. • Provision of telemetry system hardware (RTU's antennas, computers etc...) and software to control pumps and gates and monitor site access (building door/gate open/closed), canal level monitors, flow meters, pump parameters (rpm's, flow rate, amps drawn etc...) and any other relevant information. • Explore possibility of adding onto the system designed by Montgomery Watson for the Utilities Department or design and specify new communications system. • Allow for remote operation of pumps on/off, inflow gates open/close from base office or from laptop computers on the road. • Stabilization of the banks of the pump station ponds throughout the perimeter • Replacement of the inflow structure, with addition of a small pump to let water into the City from the C-14 Canal and permitting of this pump through the South Florida Water Management District. • Replacement of the rip -rap endwall with new concrete wall structures, including the inflow pipe. • Provision of access control from Southgate Boulevard. • Reconfiguration of building structure while maintaining an aesthetically pleasing look (since stations are highly visible to the public). • Provision of protection of electrical motors from elements, walk around space for motor maintenance, entrance detection, storage space and replacement of wood truss roof with hurricane force wind resistant structure. • Landscaping throughout site perimeter. • Bid specification and preparation services. • Bid evaluation and recommendation of lowest and best qualified Contractor. • Construction management services. III. QUALIFICATIONS OF PROPOSERS Proposals will be considered from qualified firms whose experience includes successful work in the industry. Proposers should submit seven (7) copies and respond to each of the following items as clearly as possible: 1. A brief but complete history of your company. 2. Firm's current Florida Professional Registration License Renewal. 3. Current Professional Qualifications Supplement (POS) Form DBC5112. 4. Completed SF-254_ 5. Completed SF-255. 6. Anticipated approach, scope and time line to complete the proposed project. 7. Resumes of key personnel who will actually be assigned to the project and describing their role. Note: Tamarac expects those listed to be those who will actually perform the work. No substitutions will be permitted except in the most dire conditions. 8. A list of at least twa similar projects performed during the last three years including the following information: a. Name of the entity for which the work was performed; b. Brief description of the scope of the project; C. Initial engineering estimate of the what the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number of change orders to the contract; f. Total value of change orders for the project; g. Amount of engineering fees associated initially contracted for; h. Change orders to engineering services contract and dollar value; I. Name of contact person with the entity and current telephone number who can knowledgeably discuss your firrn's role and performance in the project. 9. Provide financial statements for your company's past three (3) years of operation. 10, Any other information the firm feels is relevant to evaluating the firms qualifications. IV, SUBMISSION REQUIREMENTS Seven (7) copies of the submittals should be mailed or hand delivered to: City of Tamarac Purchasing Division 7525 N.W. 88th Ave. Tamarac, FL 33321 Attn: Lynda Flurry, Purchasing and Contracts Manager The outside of the envelope shall be clearly marked "Engineering Services Related to Stormwater Pump Stations Renovations Design, Project Number SW97D and LOI No. 99-L-03". V. SELECTION/NEGOTIATION PROCESS A Selection/Negotiation Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract, Each firm should submit documents that provide evidence of capability to provide the services required for the committee's review for short listing purposes. The short listed firms will then be contacted via telephone and a follov�up letter to prepare for a presentation to the committee so that a final firm can be selected. The committee will then attempt to negotiate an agreement, which can be recommended to the Tamarac City Commission for award. VI. CRITERIA FOR SELECTION The City will assemble an evaluation and selection committee comprised of staff. This committee shall evaluate the proposals and recommend the top vendors for detailed presentations. The committee shall evaluate the proposals based on the following weighted criteria: A. Experience 20% B. Project Organization and Technical 20% Qualifications of the Persons Assigned To the Project C. Project Understanding, Proposed Approach 40% And Methodology D. References and Successfully Completed 20% Similar Projects MAXIMUM TECHNICAL POINTS 100% These weighted criteria are provided to assist the proposers in the allocation of their time and efforts during the submission process. The criteria also guides the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. Short listed proposals will be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the CITY may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. Additional information may be required of the proposer during the review and selection process to clarify the vendors presented information. i VII. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Tamarac and the firm selected. The City of Tamarac reserves the right without prejudice to reject any of all proposals. VIII. QUESTIONS ABOUT THE LOI Questions regarding the project or the proposal process shall be directed in writing to Lynda Flury, Purchasing & Contracts Manager, City of Tamarac, 7525 NW 88th Avenue, Tamarac, FL 33321 or by fax at (954) 724-2408. FOR ADDITIONAL TECHNICAL INFORMATION REGARDING THE SCOPE OF THIS PROJECT CONTACT: Mauro Burgio, Stormwater Utility Engineer at (954) 724-2449 CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR LETTERS OF INTEREST MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. IX. INSURANCE REQUIREMENTS Consultant agrees that he or she will, 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 including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. 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 insurances required under this section prior to beginning any work under this Agreement. Consultant shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Consultant shall make this same requirement of any of its subcontractors. Consultant shall indemnify and save the City harmless from any damage resulting to them for failure of either Consultant or any subcontractor to take out 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: f ERROR$ AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE $1, 000, 000/2 , 000, 000 Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The Consultant 's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Consultant shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. GOVERNING LAW: INTERESTED VENDORS WILL AGREE THAT CONTRACTS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE BROWARD COUNTY. The firm with whom a contract will,be negotiated will be required to complete the following forms entitled, "Sworn Statement under Sec. 287.133(2)(a), F.S., on Public Entity Crimes", "Offeror's Qualification Statement", "Non -Collusive Affidavit" and "Drug Free Workplace Certification". Attachments: 1. Public Entity Crimes Form (See Statement Below) 2. Offerors Qualification Statement 3. Non -Collusive Affidavit 4. Vendor Drug -Free Workplace 5.- Photos and Drawings of Pump Stations PUBLIC ENTITY CRIMES FORM: A person or affiliate as defined in 287.133, Florida Statutes, who has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to the City of Tamarac, may not submit a bid on a contract with the City of Tamarac for the construction or repair of any public building or public Work, may not submit bids on leases of real property with the City of Tamarac, may not be awarded to perform Work as a contractor, Supplier, sub -contractor, or consultant under a contract with the City of Tamarac, and may not transact business with the City of Tamarac in an amount set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. In compliance with Florida State Statute Section 287.133(3)(a), Public Entity Crimes, the form incorporated into this bid package must be returned signed and notarized, with the Bid Proposal Form(s) at the time of the bid opening. 5A Attachment' ' Engineering Services Related to Stormwater Pump Stations LOI 99-03 Ranking of Consultants (from 1 to 3, where 1 is best)' The lowest numerical ranking represents the most qualified firm_ CITY OF TAMARAC INTEROFFICE MEMORANDUM CITY MANAGER'S OFFICE TO: STORMWATER ENGINEER DATE: December 7, 1998 SENIOR BUYER UTILITIES ENGINEER MANGMT. & BUDGET ANALYST I ENGINEERING INSPECTOR FROM: CITY MANAGER RE: LOI EVALUATION COMMITTEE STORMWATER PUMP STATIONS The City of Tamarac has recently requested letters of interest for the design of renovations to the three (3) Stormwater Pump Stations. You have been recommended and I am hereby appointing you to participate in representing the City government as you review and analyze the proposals. Thank you for serving in this important capacity. I look forward to learning of your recommendation. R. S. Noe c: Purchasing & Contracts Manager Attachment "9" CITY OF TAMARAC STORMWATER PUMP STATIONS 1,2 & 3 RENOVATIONS PROPOSAL FOR ENGINEERING SERVICES J U N E 23) 1999 CRAIG A. SMITH & ASSOCIATES 1000 W, McNab Road, Suite 200 Pompano Beach, Florida 33069 Telephone: (954) 782-8222 Introduction The City of Tamarac (City) is proposing to rehabilitate three stormwater pump stations located along Southgate Boulevard and pumping into the C-14 canal. Craig A. Smith & Associates (CAS) has been selected as the engineer to negotiate a proposal to include pre -design, design, bidding, construction administration, construction inspection and commissioning. This proposal is for Craig A. Smith & Associates (CAS) to provide the engineering and permitting for the design of the stormwater pump stations. The project includes preparing a Preliminary Engineering Report detailing our recommendations and preliminary construction cost. After approval of the Preliminary Engineering Report, CAS will proceed by preparing the final design and specifications, bid documents and final cost estimates. CAS will then submit and obtain the necessary pre -construction permits to the governmental agencies that have jurisdiction over the site. CAS will assist the City during the bidding process, review the bids and make a recommendation for contract award. Our proposal also includes engineering services during construction, construction inspection, commissioning and startup. In preparing the proposal we have assumed that there are surveys and maps of the existing stormwater pump stations. The tasks listed hereafter must be undertaken to complete designing, permitting and constructing the project. Phase I consists of Tasks 1 through 11, design and permitting. Phase II consists of Tasks 12 and 13, construction services. PHASE I DESIGN AND PERMITTING Task 1: Project Initiation Meeting with City of Tamarac A meeting with City's Project Manager and the CAS project team will be held immediately after the authorization to commence the project. This meeting will discuss any modification to the proposal, discuss and finalize the schedule for each major activity, design criteria and standard requirement of the City and budget constraints. The City should also inform CAS in this meeting if there are planned developments or additional items that would influence the final design. Lump sum for Task 1: $1,110 Task 2: Field Survey Contingency The City is to provide all survey information and maps as required for the project. If some additional survey information is required and the City does not have this information CAS can provide this service through our surveying department for an additional fee. We have approximately 30 staff members within the Survey Department and are qualified to undertake these services. The field survey is a prerequisite for developing base sheets for design and preparation of construction plans. The existing stormwater pump stations are located in the Florida Power and Light easement and in the southern edge of the South Florida Water Management Districts Canal C-14 right of way. The City does not have any record of ownership to this property that can be found at this time. CAS will assist the City with research of records to determine how much area the City will need for their pump station and assist in the documentation of the property. In order to establish a budget for surveying and related services a contingency will be estimated for the unforeseen and undefined extra surveying work. CAS will not proceed with any survey items without prior approval from the City. Contingency for Task 2: $10,000 Task 3: Preliminary Engineering Report CAS will prepare a preliminary engineering design report. The preliminary engineering report will provide preliminary drawings showing the concept of the new pump station for the City to review and finalize. We will also estimate the cost to replace the existing station with new construction and pumps. As a part of the report the following items will be undertaken: • CAS will review the completed survey drawings with the City of Tamarac • CAS will arrange for soils investigation and soil borings • Evaluate existing permits • Prepare base sheets for the three stations with a preliminary site plan • Size and select pump • Evaluate back pumping from the canal • Evaluate an open vs. closed building station • Evaluate the existing pond as compared to updated stormwater standards • Recommendations for landscaping and irrigation system • Prepare preliminary cost estimate • Evaluate emergency power options and control options. • Evaluate electrical service to each pump station K Evaluate automatic control system Evaluate new SCADA system to allow remote monitoring and control of the pump station • Prepare a preliminary architectural conceptual building design CAS Project Manager will discuss the recommendations of the report with City's Project Manager. If modification to the recommended alternative is necessary it will be made during this meeting and the report amended accordingly. The budget for the project will also be established during this meeting. Lump sum for Task 3: $34,880 Task 4: Preparation of Detailed Design Drawings and Specifications Detailed design and preparation of the final bidding drawings will be prepared in this task. The approved recommendations in the preliminary engineering report will be incorporated on the drawings. In designing the stormwater pump stations, special attention will be given to electrical service, emergency power, instrumentation, remote monitoring, landscaping and architecture to blend to the surrounding area. The specifications and bidding documents will also be prepared under this task. CAS will prepare technical specifications and utilize the City's 'front end' specifications. These specifications will be reviewed and modified to conform to the project and the City's requirements. Lump sum for Task 4: $69,040 Task 5: Building Design and Specifications CAS will provide drawings and specifications of the Pump Station Building approved in the Preliminary Engineering Report. The drawings will consist of architectural, electrical and mechanical drawings. It is assumed that each building will be the same for each pump station location. Lump sum for Task 5: $21,810 Task S: Preparation of Quantity Take Off and Preliminary Cost Estimate A quantity take -off and estimate of the construction cost will be performed under this task. The quantities will be incorporated in the bid schedule section of the bidding document. A preliminary cost estimate will be prepared based on these quantities. Lump sum for Task 6: $2,090 3 Task 7: Discussion of City's Review Comments and Preparation of Final Design and Bidding Documents Review periods will be at the 60% and 90% complete stages. CAS will submit the design drawings, specifications, quantities and detailed cost estimate to the City for their review and comments. One (1) set of comments and marked up drawings will be returned to CAS. CAS will review and discuss the City's comments with the City's Project Manager. The final agreed comments will be incorporated in the drawings and specifications and, if necessary, the cost will be revised accordingly. These modified drawings and specifications will be the final bidding documents and are not expected to be reviewed again by the City before bid distribution. It is therefore important that the City of Tamarac makes a thorough and comprehensive review and includes all their comments before returning the comments to CAS. Lump sum for Task 7: $4,280 Task 8: Permits CAS will prepare and submit permit applications to the regulatory departments and agencies. Any permit fees shall be paid by the City. Drawings and specifications will also be modified to conform to any comments these agencies might have. We expect to submit permit applications to: a) South Florida Water Management District (SFWMD) CAS will submit the 90% design drawings to SFWMD for the permit application. Lump sum for Task 8a: $2,440 b) CAS will also work with the City's building department to ensure that the drawings conform to their standards. CAS will submit the 60% and 90% design drawings to the Building Department for their review and comments. Lump sum for Task 8b: $4,440 4 Task 9: Pre -bid Meeting We expect the City of Tamarac will directly manage the distribution of the drawings and documents to potential bidders. CAS will be responsible for printing 25 bid documents. A pre -bid meeting be held at least fourteen (14) days before the scheduled bid closing. CAS will actively participate in this pre -bid meeting. Our activities during the meeting will include providing technical and contractual interpretation of the project, compiling meeting notes, providing answers to the potential bidders questions. CAS will prepare minutes of the prebid meeting and any changes to the drawings and specifications which become necessary after the meeting and will distribute them as an Addendum to the companies who purchased bidding documents. Lump sum for Task 9: $3,090 Task 10: Bid Analysis and Contract Recommendation We expect the bid closing procedure to be directly managed by the City of Tamarac. However, should it become necessary, CAS's Project Manager can perform this function. At the bid opening the sealed bids will be opened, checked for conformance and bid bond and the bid amount read aloud. Thereafter the individual bids will be checked for arithmetic errors. CAS will prepare a bid tabulation for all the bids outlining the respective unit or lump sum amount submitted for each item in the bid schedule. CAS will also check the references of the low bidder. Finally, a recommendation for contract award will be made based on our assessment and review of the bid prices and contractors reputation and responsiveness. Lump sum for Task 10: $1,900 Task 11: Out of Pocket Expenses Out of pocket expenses shall consist of printing costs and permit fees required by permitting agencies. We estimate the printing cost for 25 bid documents to be $3,000. Any additional copies of bid documents (plans and specifications) will be charged at $120 per set. We estimate the SFWMD permit fee to be $900, however, the SFWMD fees are scheduled to increase on September 1, 1999. We are assuming any City of Tamarac permit fees will be waived. Estimated out of pocket expenses: $3,900 TOTAL. PHASE 1 $158,980 5 PHASE II CONSTRUCTION SERVICES Task 12a: Construction Management and Inspection Services After the City awards the contract to the contractor CAS will provide construction management and inspection services. During the Construction Phase of the project, CAS proposes to provide both Engineering Services and Resident Project Representative Services. Engineering Services during construction shall include the review of contractor shop drawings, review of contractor payment requisitions, periodic site visits, interpretations of the contract documents and coordination between the City and the contractor. Resident Project Representative Services shall be provided to inspect the progress and quality of the work by the Contractor, and to act as the CAS representative at the project site regarding all construction activities. These services shall assure the City that the final installation shall be completed as designed and will provide the City with years of satisfactory performance. Under ground construction will have a full time resident project representative and any above ground construction will have part time resident project representative. CAS will be present during the startup of each pump station. Construction time for the three (3) pump stations has been estimated to be 12 months from Notice to Proceed. Lump sum for Task 12a: $97,510 Task 12b: Construction Management and Inspection Services for the Pump Station Buildings During the construction phase of the project CAS proposes to provide architectural and engineering services. It is also anticipated that the City of Tamarac Building Department will provide code inspections. The Architect and Electrical Engineers shall include review of Contractor shop drawings, periodic site visits, interpretations of the contract documents and coordination between the City and the Contractor. Lump sum for Task 12b: $16,510 Task 13: Operation and Maintenance Manual Review CAS will prepare an Operation and Maintenance (O&M) Manual(s) for the new pump station to include owners manuals, drawings, spare parts lists, operational procedures, and a maintenance schedule for all the equipment such as pumps, motors, controls, SCADA system, and emergency generator. Lump sum for Task 13: $5,900 TOTAL PHASE II $119,920 A Cost Proposal CAS proposal to rehabilitate three stormwater pump stations located along Southgate Boulevard and pumping into the C-14 canal is summarized under each task item. Exhibit A shows a spread sheet identifying each Task item and summarizes the fee for each Task including our Subconsultants. CAS will not proceed with a task without the notice to proceed for each task from the City. =M7X>r- Signature-, 1.j� AA Name - - Date -? �� 62 7 CRAIG A. SMITH S Signature William P. Snow P. E. Vice -President Name Date \\SERVER\MUN I CW U N IC\PROPOSAL\tamarac009.dao CITY OF TAMARAC STORMWATER PUMP STATION RENOVATION TABLE 1 ENGINEERING FEE PROPOSAL 1 2 6/23/99 3 4 TASK SCOPE DESCRIPTION SUPER ENG PROJ ENG CADD TECH CLERICAL TOTAL TOTAL 5 NUMBER HOURS HOURS HOURS HOURS HOURS DOLLARS 61 1 STORMWATER PUMP STATIONS 7 1 Project Initiation Meeting with City 6.00 6.00 0.00 0.00 12,00 $ 1,110 8 9 2 Field Survey Contingency $ 10,000 10 11 3 Preliminary Engineering Report 68,00 148.00 48.00 28.00 1 282.00 $ 22,480 12 Review surveys 2.00 4,00 0.00 0.00 6.00 13 prepare base sheets 8.00 24.00 48.00 0.00 80.00 14 select pumps 8.00 40,00 0.00 4,00 52.00 151 eval. exist permits R mgts w/SFWMD bck pump. 8,00 24.00 0.00 4.00 36.00 16 evaluate building 4.00 16.00 0.00 4.00 24.00 17 evaluate ponds 4.00 16.00 0,00 4,00 24.00 18 prelim cost estimates 4,00 24-00 0.00 4.00 32.00 19 Soil testing 4.00 0.00 0.00 2.00 6.00 $ 3,000 20 Electrical sub 8.00 0.00 0.00 2,00 10.00 $ 4,000 21 Architect sub 4.00 0.00 0.00 2.00 6.00 $ 3,000 22 Landscaping Sub 4.00 0,00 0.00 2.00 6.00 $ 2,400 23 Sub Total Task 3 $ 34,880 24 25 4 Detail design and specifications 60,00 120.00 240.00 34.00 454.00 $ 32,990 26 Detail design and specifications 40.00 120.00 240.00 24.00 424.00 27 Structural sub 6.00 0.00 0.00 4.00 10,00 $ 9,650 28 Electrical sub 12.00 0.00 0.00 4.00 16.00 $ 20,800 29 Landscaping Sub 2.00 0.00 0.00 2.00 4.00 $ 5,600 30 Sub Total Task 4 $ 69,040 31 32 5 Building Design and Specifications 24.00 0.00 0.00 6.00 30.00 $ 2,610 33 Building Design 8.00 0.00 0.00 2.00 10,00 34 Electrical and Mechanical sub 4.00 0.00 0.00 2.00 6.00 $ 2,200 35 Architect sub 12.00 0,00 0.00 2.00 14.00 $ 17,000 36 Sub Total Task 5 $ 21,810 37 38 6 Quantity take off cost estimate 4.00 16.00 4.00 2.00 26.00 $ 2,090 39 40 7 60% review 8.00 8.00 8.00 4.00 28.00 $ 2,140 41 90% review 8,00 8,00 8,00 4.00 28.00 $ 2,140 42 Sub Total Task 7 $ 4,280 43 44 8 Permits 45 8a SFWMD 6.00 20.00 0.00 4.00 30.00 $ 2,440 46 Sub Total Task 8a $ 2,440 47 48 8b TAMARAC BUILDING DEPT. 6.00 12.00 0.00 8.00 26.00 $ 1,900 49 Electrical sub 2.00 4.00 0.00 4.00 10.00 $ 540 50 Architect sub 4.00 8.00 0.00 4.00 16.00 $ 21000 51 Sub Total Task 8b $ 4,440 52 53 9 Pre bid Meeting 4.00 16.00 0.00 2.00 22.00 $ 11830 a , CITY OF TAMARAC STORMWATER PUMP STATION RENOVATION TABLE 1 ENGINEERING FEE PROPOSAL 54 Electrical sub $ 1,250 55 Sub Total Task 9 $ 3,090 56 57 10 Bid Analysis 4.00 18.00 0.00 4,00 24.60 $ 1,900 58 58 11 Out of pocket expenses 60 Printing 25 $ 120 $ 3,000 61 Estimated SFWMD permit fee $ 900 62 Sub Total Task 11 $ 3,900 63 64 TOTAL TOTAL PHASE I $ 158,980 65 66 67 12a Construction management services 118.00 208,00 728.00 56.00 1110.00 $ 78,760 68 Construction management services 100.00 208.00 728.00 50.00 1086.00 69 Structural sub 6.00 0.00 0.00 2.00 8.00 $ 6,750 70 Electrical sub 12.00 0.00 0.00 4.00 16,00 $ 12,000 71 Sub Total Task 12a $ 97.510 72 73 12b Construction management services (Building) 20.00 0.00 0.00 6.00 26.00 $ 2,210 741 Construction management services 0.00 0.00 0.00 0.00 0.00 75 Electrical sub 4.00 0.00 0.00 2.00 6.00 $ 1,800 76 Architect sub 16.00 0.00 0.00 4.00 20.00 $ 12,500 77 Sub Total Task 12b $ 16,510 78 79 13 O & M manual review 20.00 29.00 0.00 5.00 64.00 $ 4,640 80 Mechanical review 16.00 29.00 0.00 3.00 48.00 81 Electrical sub 4.00 0.00 0.00 2.00 6.00 $ 1,260 82 Sub Total Task 13 $ 6,900 83 84 TOTAL TOTAL PHASE II 119,920 85 86 TOTAL TOTAL PHASE I AND PHASE II $ 278,900 87 88 89 90 CAS HOURS 346.00 607.00 1036.00 163.00 2152,00 91 man weeks 53.80 man weeks 92 UNIT COST $ 100 $ 85 $ 65 $ 35 $ 74.00 93 SUBTOTAL CAS $ 34,600 $ 51,595 $ 67,340 $ 5,705 $ 159,240 $ 169,240 94 SUBTOTAL SUBS $ 105,760 95 SURVEY CONTINGENCY $ 10,000 96 OUR OF POCKET EXPENSES $ 3,900 97 TOTAL TOTAL PHASE I AND PHASE II $ 278,900 98 99 ## m:\munic\proposal\tamara10.xls City of Tamarac Purchasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC ITT7 CRAIG A. SMITH & ASSOCIATES THIS AGREEMENT is made and entered into this day of adre1j, 2004 by and between the City of Tamarac, a municipal corporation with principa offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Craig A. Smith & Associates, a Florida corporation, with principal offices located at 1000 West McNab Road, Suite 200, Pompano Beach, Florida, 33069 (the "CONSULTANT") to provide engineering design services to revise the construction plans and modify the construction specifications to move the proposed location of the Central and West Pump Stations. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONSULTANT agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, and the CONSULTANT's letter, task, and fee proposal, attached hereto as Attachment A. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The CONSULTANT shall perform all work for the CITY required by the contract documents as set forth below: a) The work of this contract consists of the CONSULTANT providing construction engineering services for the C-14 Stormwater Pump Station Rehabilitation Project. These services will include the review of shop drawings and operation and maintenance manuals, periodic site visits, project meeting attendance, interpretations of the contract plans and technical specifications, and coordination of structural, electrical, and mechanical engineers. All these services shall be on an as required by the CITY basis. CONSULTANT shall be present during the startup of each pump station. b) CONSULTANT's services shall also include structural, electrical, and mechanical engineers' services for the review of shop drawings, periodic site visits, interpretations of the contract plans, and technical specifications. All these services shall also be on an as required by the CITY basis. The electrical engineer shall be present during the startup of each pump station. 3) Insurance City of Tamarac Purchasing & Contracts Division CONSULTANT shall obtain at CONSULTANT's expense all necessary insurance in such form and amount as required by the CITY's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the CITY, including Professional Liability when appropriate. CONSULTANT shall maintain such insurance in full force and effect during the life of this Agreement. CONSULTANT shall provide to the CITY's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The CONSULTANT will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. CONSULTANT shall indemnify and hold the CITY harmless for any damages resulting from failure of the CONSULTANT to take out and maintain such insurance. CONSULTANT's Liability Insurance policies shall be endorsed to add the CITY as an additional insured. CONSULTANT shall be responsible for payment of all deductibles and self-insurance retentions on CONSULTANT's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (10) calendar days after the date of the receipt of the official Notice -to -Proceed. The work shall be completed within 730 days from the date of the Notice -to -Proceed. 5) Contract Sum The Contract Sum is for an amount not to exceed One Hundred One Thousand Six Hundred Dollars and no/100 ($101,600.00). 6) Payments The CITY shall pay the CONSULTANT for requested tasks completed of the work as per the table in Attachment A (fee summary) of this Agreement based on CONSULTANT's monthly invoices. The CITY shall pay the CONSULTANT for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. Payment will be made in accordance with the Florida Prompt Payment Act, Florida Statute Chapter 218. 7) Indemnification The CONSULTANT shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the City of Tamarac Purchasing & Contracts Division CONSULTANT or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Non -Discrimination The CONSULTANT agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONSULTANT further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor CONSULTANT is an independent contractor under this Agreement. Personal services provided by the CONSULTANT shall be by employees of the CONSULTANT and subject to supervision by the CONSULTANT, 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 CONSULTANT. 10) Assignment and Subcontracting CONSULTANT shall not transfer or assign the performance required by this Agreement without the prior written consent of the CITY. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the CITY. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses: 3 City of Tamarac Purchasing & Cantracts Division CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address. CONSULTANT William P. Snow, P.E. Vice President Craig A. Smith & Associates 1000 West McNab Road, Suite 200 Pompano Beach, Florida 33069 12) Termination This Agreement may be terminated by CITY or CONSULTANT for cause or by the CITY for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. Default by CONSULTANT: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. 13) Agreement Subject to Funding This Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. ......... -- - 4 City of Tamarac Purchasing & Contracts Division 15) Signatory Authority The CONSULTANT shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the CONSULTANT and the CITY, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CITY. 5 City of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Craig A. Smith & Associates, Inc., signing by and through its Senior Vice President, duly authorized to execute same. ATTEST-- -= hftriori Svverasson, CMC V Cft�'Cterk.: Date CI OF TAMARA/C� '-..-t' e Schreiber, Mayor Date /'7' .1.1 �-�. Jeffre L. Mi ler, City Manager �L/dffl©� Date ATTEST: Cpig A. S 'th & Associates, Inc. C p y e (Corporate S cretary) Signature of Senior Vice President Type/Print Name of Corporate Secy. Stephen C. Smith. Type/P nt Name of Vice President tj� 1 104 Date _......_.... --.__ 6 City of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF_�aftC( :5S I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Stephen C. Smith, Senior Vice President, of Craig A. Smith & Associates, Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this ,day of 20 Signature of Notary Public State of Florida at Large �,► I. Held) DuBme JMy Comm) Ww DD236"S Expim NUYWfta 18, 2W7 Print, Type or Stamp Name of Notary Public 1� Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. n ATTACHMENT A CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS • PLANNERS • SURVEYORS - GRANTS ASSISTANCE January 29, 2004 Mr. Jean Dupuis City of Tamarac 6011 Nab Hill Road - Tamarac, FL 33321-2401 RE: CITY OF TAMARAC STORMWATER PUMP STATION 1, 2 & 3 RENOVATIONS C-14 STORMWATER PUMP STATION REHABILITATION PROJECT CONSTRUCTION ENGINEERING SERVICES PROPOSAL. Dear Jean, At your request, we are providing you with an engineering proposal to provide construction engineering services for the above referenced project. In July 1999 Craig A. Smith and Associates (CAS) was approved by the City Commission for the design and engineering services during construction. The design was completed and more recently revised and the project is now ready for bidding and construction. However, the engineering fee for the engineering services during construction was never finalized or approved by the City Commission. Our original engineering services during construction scope included, construction management and a resident inspector with engineering support, however, the City has changed the specifications and scope so the City will provide the resident inspection, construction management and code inspections. CAS engineering services during construction will now include the review of contractor shop drawings, review of the operation and maintenance manual supplied by the contractor, periodic site visits as required by the City, attend project meetings as required by the City, interpretations of the contract plans and technical specifications, coordinate with the Structural, Electrical, and HVAC Engineers and coordinate with the City. CAS will be present during the startup of each pump station. CAS services shall also include Structural, Electrical, and HVAC Engineers services for review of contractor shop drawings, periodic site visits, interpretations of the contract plans and technical specifications and coordination with the City. The electrical engineer will also be present during startup of each pump station. —r_ nnncn . Mr -Al 7R'D.Anoo FLAY' MAI 786-8927 1000 West McNab Hoag, rompanv oUavn, %J11Mp Ww- - ---- Palm Beach: (561) 736-3188 Dade: (305) 940-4661 WWW.cMigasmith.com Mr. Jean Dupuis January 28, 2004 Page 2 This new project approach allows CAS to provide more Engineering time to the project while the City performs the inspection and management of the project. Our scope of work is attached and identified as Task 12. Also attached is Table 1 spreadsheet tabulating our Engineering Fee Proposal for Construction Engineering Services. The project was originally planned to construct all three pump stations as one project at one time, however, due to some ownership problems with the East pump station the contract has been split into two construction projects and bid as one project. The construction engineering services fee has been calculated over a 80-week period starting from the Notice of Award and assuming that all three pump stations will be built during this period. If the project runs longer than the 60-week period the City will reimburse CAS for their effort as additional services. Therefore we propose to provide the construction engineering services fee for the West and Central and East Pump Stations as a cost plus contract not to exceed the amount of ONE HUNDRED ONE THOUSAND SIX HUNDRED DOLLARS ($101,600.00) to be billed on a monthly basis. Any service not specifically mentioned in this scope will be considered as an Additional Service. Craig A, Smith & Associates will perform the Additional Services upon proper written authorization of the CITY. The fees for Additional Services shall be performed at our current hourly rates. If you are in agreement with the above scope of services and the terms, please sign in the authorization space provided below and return the executed copy of this agreement to our offices. Should you have any questions or need additional information, please do not hesitate to call. Yours sincerely, CRAIG A. SMITH & ASSOCIATES William P. Snow, P.E. Vice President — Environmental Engineering Mr. Jean Dupuis January 28, 2004 Page 3 Approved: CITY OF TAMARAC STORMWATER PUMP STATION 1, 2 S 3 RENOVATIONS C-14 STORMWATER PUMP STATION REHABILITATION PROJECT CONSTRUCTION ENGINEERING SERVICES PROPOSAL Signature Name and Title Date KWUNICVROPOSALULTR Tarnaraa ESDC mvislon 01.doe C-14 STORMWATER PUMP STATION REHABILITATION PROJECT SCOPE OF CONSTRUCTION ENGINEERING SERVICES Task 12: Construction Engineering Services After the City awards the contract to the contractor, Craig A. Smith and Associates (CAS) will provide construction engineering services during the Construction Phase of the project. CAS will provide construction engineering services and the City will provide construction management, resident inspection services and code inspections. CAS engineering services during construction shall include the review of contractor shop drawings, review of the operation and maintenance manual supplied by the contractor, periodic site visits as required by the City, attend project meetings as required by the City, interpretations of the contract plans and technical specifications, coordinate with the Structural, Electrical, and HVAC Engineers and coordinate with the City. CAS will be present during the startup of each pump station. The Structural, Electrical, and HVAC Engineers services shall include review of contractor shop drawings, periodic site visits, interpretations of the contract plans and technical specifications as required by the City. The electrical engineer will be present during startup of each pump station. The City shall inspect the progress and quality of the work by the contractor and provide code inspections. All under ground construction will require a full time City resident project inspector and any above ground construction will require at least a part time City resident project inspector in order to certify the construction. The City will also perform project construction management including daily and weekly reports, construction meeting minutes, correspondence with the contractor, review and approve contractor pay requests and related services. The City will provide copies of all correspondence regarding the project to CAS. Construction time for the West and Central and East Pump Stations has been estimated to be 365 days or 52 weeks from the Notice to Proceed. The construction engineering services are estimated for 60-week period from the Notice of Award through the closeout period of the project. The construction engineering services fee for the West and Central and East Pump Stations shall be as a cost plus contract not to exceed the amount of ONE HUNDRED ONE THOUSAND SIX HUNDRED DOLLARS ($101,600) to be billed on a monthly basis. Any services not specifically identified in the scope shall be considered additional services and will be charged at our current hourly rate. 1128/2004 M:IMUNIMPROPOSALtiamarac pump sta, ssoc mvislnn 07,doc U LU a O a J W Ix Q a a w 4 O r U m. CC a 0 0. w LL w z r-� I� L11 Z w V W a z U �(D w �O I co Occ ,-� ~ I© r IR Yi M M 40 V). 1R o0 c is C� c UI� aQo �c W cr La r a V= refs � v 0 O 4 8 LO ° Boa Q �o U fa 6A a — I 'D 20 ! C9S ! W� ~Io �o 6jr ch i WQ � O vN . 0 t .I a, w I °a i ! w Z D _ I� i c ! U7 a ©1 2 CL L) a w D U C LU w = C'r G " � � IL u c ! { Z �' L) D E O a: yr-cnw= R r w� � _ I CUU4-APR-Z1 04:51PM FROM -PUBLIC WORKS 7241365 T-300 P.002/003 F-041 t'0.}6C : UU[.—UUJ Clio n : ism C AIGASM ACORD, CERTIFICATE OF LIABILITY INSURANCE ; P, a RODUCER Cypress Insurance Group BO-CL ONLY ANDICON ERS NO RIGHTS UPON THE CERTIFICATE ON P.O. Drawer quo HOLDER. THS CERTIRCATE DOES NOT ADDEND, EXTEND OR 5800 N. Androws Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fort Lauderdale, FL =10-9328 Craig A. Smith & Aesoclates 1000 W. MaNab Road Pompano Beach, FL 33069 INSURERS AFFORDING COVERAGE INS'URER A: Trans nation Ins, Co, 1NAI,RFR a; Everest National Ins. Co. INSLPIER a INSURER E: NAIC # THE POLICIES OF INSURANCE USTIED EIRLOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PEP4OD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY DONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERYIFICATE MAY dE ISSUED OR MAY PERTAIN, YHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUE3JECTT0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE f3EEN REDUCED BY PAID CLAIMS. PYKOFINSURANCE POLICYNUMOER P6U EFFECTIVE POLICY EXPI A QENBRALLIABILITY 2026471552 12/01/03 12/01M4 X COMMERCIALGENER�—A—L�LtANLITY ( VAIMS MADE 1—= :1 OCCUR- 'L AGGREGGA^TE: LrMI I APIPPIIJJ^FG PER; POLICYI 1P� . I 1,— A AUTOM08ILE LIAPILITY ANY ALTO ALL. OWNED A! ?OS SO•IEDuLED Au'fOS X HIRED AUTOS X NON -OWNED AuTOp AQ9 LIABILITY ANY AUTO A EXCEStILINPRELI.A LIA9ILTTY X OC�A 0 C4AIMA MADE UkuOC iBLE RETENTION 5 13 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PPpPRIETORIPARTNEWEXEQITIVE- OFFICER/ME wAnEXCLUDED If Vm. cawioa Jr1dr' .. sla FG1AL PROVIs`IONS cauaw OTHER 2025471552 12/Di/03 t2/o1/04 12/01/o3 12/01/04 t 01 N sea Di/i s/D1; D@SORIPTION OF OPERATIONS / LOCATIONS / V EHIPLES / EXCLUSIONS ADDED BY ENDORSEM &NTI SPECIAL PROV1910NO Project: Stermwatsr pump Stations, East, Central & West Renovatlone Certificate Holder Is Additional Insured with respects the General Liability, under Slankat Additional Insured Form #G123127B 12/02 City of Tamarac 7525 NW SBth Avenue Tamarac, FL 33321 ACORD 25 (2ool/o8) 1 of 2 #SSBBBB/M36784 0 LIMITS EACH OCCURRENCE i1,000,000 a+AtAGr ' 0 HEN TeU F300 000 MED EXP (AnY Ond pQaON S10 o00 Px_=0NA_ a ADV INJURY S1 00 0Op GENERAL ACGFCGATc $1 000 000 PRODL'LT8.9Wf' qP ACG $1 000 000 OOMDINE•D SINGLE IMIT eaaxaanr) 51100%000 111 p LY INJURY S (Pnr Tarsan) 500ILY INJURY $ (Pa :Cpn(JnI) PROPERTY DAMAGE S lPa ac�Inenr) AVrU ONLY • EA APOPENT S OTHER THAN EA ACC S AUTO ONLY; ACC S f AGTi OCCURRENCE $3 000 000 AGGREGATE s3 00D 0 F s S X wC ATA I U- OTrI• E.L. EACH ACCIDENT Ss 000 I-J . DI PFASE - EA EMPLOYE S500 000 C.L. �111ASE • rCHICY LIMIT S6DG D00 SHOULD ANY OFTH9 ADOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ICSUINC IN.%MER WILLENDFAVOR TO MAIL ID_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HMDER NAMED TO THE LEFT, OUT FAILURE YO DO BO SHALL IMPOSE NO OBL.ICATION OR LIASILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CR 0 ACORD CORPORATION Igoe SHOULD ANY OFTH9 ADOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ICSUINC IN.%MER WILLENDFAVOR TO MAIL ID_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HMDER NAMED TO THE LEFT, OUT FAILURE YO DO BO SHALL IMPOSE NO OBL.ICATION OR LIASILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CR 0 ACORD CORPORATION Igoe 2004-APR-21 04:51PM FROM -PUBLIC WORKS 'Page: UUzJ-UUzJ 7241365 T-300 P-003/003 F-041 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 ondorsement(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). DISCI-AIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized represemative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies Ilsted thereon. OD t e An^MM Ae n I— - U Q a 01 a 94404 15W13§734