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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-116Temp. Reso. # 10124 May 12, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-116 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. 03-08E WITH MATHEWS CONSULTING, INC., TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN, PERMITTING, BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE WATER TREATMENT PLANT DISINFECTION SYSTEM IMPROVEMENTS, IN ACCORDANCE WITH THE CITY'S CONSULTING ENGINEERING AGREEMENT AS AUTHORIZED BY RESOLUTION #R-2001-185, FOR A LUMP SUM AMOUNT OF $121,550.00; APPROVING FUNDING FROM THE APPROPRIATE BUDGETED UTILITIES OPERATIONAL ACCOUNT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains the water supply, treatment, and distribution systems; and WHEREAS, the United States Environmental Protection Agency jUSEPA) has mandated that water treatment facilities must reduce the amount of Trihalomethanes to less than 80 parts per billion; and WHEREAS, the City of Tamarac's water treatment facility needs to change the method of disinfection of the drinking water to meet this mandate; and 1 Temp. Reso. # 10124 May 12, 2003 2 WHEREAS, the Water Treatment Optimization Study recommends that the disinfection be changed from free chlorine to combined chloramine; and WHEREAS, the City requires the service of a consulting firm knowledgeable in this area and capable of providing professional services for the design, permitting, bidding and construction administration services for the Water Treatment Plant disinfection system improvements; and WHEREAS, Mathews Consulting, Inc. possesses the required knowledge and experience to provide the professional engineering services associated with the Water Treatment Plant disinfection system improvements; and WHEREAS, Mathews Consulting, Inc. has been pre -qualified as an approved consultant for engineering services by the City of Tamarac as authorized by resolution R- 2001-185 (attached as Exhibit 1); and WHEREAS, it is the recommendation of the Director of Utilities that Task Authorization No. 03-08E from Mathews Consulting, Inc. be approved, executed and funded; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute Task Authorization No. 03-08E (a copy of which is attached hereto as "Exhibit 2") with Mathews Consulting, Inc. to provide Engineering Services for the Water Treatment Plant disinfection system improvements for a proposed lump sum amount of $121,550.00 and to provide funding from the appropriate budgeted Utilities Operational account. 1 1 1 Temp. Reso. # 10124 May 12, 2003 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and -correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to a0cept and execute Task Authorization No. 03-08E with Mathews Consulting, Inc. to provide engineering services for the Water Treatment Plant disinfection system improvements, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2001-185 on July 11, 2001, for a proposed lump sum amount of $121,550.00. SECTION 3: The $121,550.00 is approved to be funded from the appropriate budgeted Utilities Operational accounts. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders not to exceed $10,000 per Section -6-1'56 Jb) of the City Code, and close the contract award including, but not limited to making final -payment within the terms and conditions of the contract and within the contract price. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. # 10124 May 12, 2003 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28t" day of May, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. MITCHEL� . KF CITY ATTORN REG:aml JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS u TRIO124 EXHIBIT 1 1 1 Temp. Reso. #9434 Page 1 June 18, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE AGREEMENTS WITH THE FOLLOWING FIVE {5) CONSULTING FIRMS TO PROVIDE ENGINEERING AND ARCHITECTURAL CONTINUING SERVICES FOR A PERIOD OF FIVE YEARS ON AN "AS NEEDED" BASIS: (1) CRAVEN THOMPSON & ASSOCIATES, INC.; (2) ECKLER ENGINEERING, INC.; (3) MATHEWS CONSULTING, INC.; (4) MILLER LEGG AND ASSOCIATES, INC.; AND (5) WILLIAMS, HATFIELD & STONER, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is faced with the challenge of meeting the increased demands imposed by regulatory agencies, development, infrastructure modifications and expansions utilizing the latest technology for efficient and safe operation; and WHEREAS, the City of Tamarac's operations and programs over the next five years require the utilization of specialized services from consultants to meet these demands; and WHEREAS, the City of Tamarac publicly advertised Request for Letters of Interest No. 01-10L for Engineering and Architectural Continuing Services to be utilized Citywide for a period of five years on an "as needed" basis, a copy of which is attached hereto as "Attachment A"; and Temp. Reso. #9434 Page 2 June 18, 2001 WHEREAS, on March 28, 2001, submittals from the following nineteen (19) firms were received: 1. Calvin Giordano 2. Carnahan Proctor 3. Carr Smith Corradino 4. Chen & Associates 5. Craig A. Smith 6. Craven Thompson 7. Eckler Engineering 8. Geoverse 9. Hartman & Associates 10. Hazen & Sawyer 11. Lakdas/Yohalem 12. Mathews Consulting 13. Miller Legg 14. PBS&J 15. Reynolds "Smith & Hill 16. Rhon Emest-Jones 17.Tamara Peacock 18.TBE Group 19. Williams, Hatfield & Stoner WHEREAS, after an extensive review and evaluation process which included categorizing the firms by size, the committee consisting of Director of Utilities, Assistant Public Works Director, Utilities Project Engineer, and Assistant City Engineer recommend the appropriate City Officials be authorized to execute agreements for Engineering and Architectural Continuing Services to be utilized for a period of five years on an "as needed" basis with the following five (5) firms: 1. Eckler Engineering, Inc. (Small Firm) 2. Mathews Consulting, Inc. (Small Firm) 3. Craven Thompson & Associates, Inc. (Medium Firm) 4. Williams, Hatfield & Stoner, Inc. (Medium Firm) 5. Miller Legg and Associates, Inc. (Large Firm) L] 1 Temp. Reso. #9434 Page 3 June 18, 2001 WHEREAS, the Public Works Director, Utilities Director and Purchasing and Contracts Manager recommend the appropriate City Officials be authorized to execute the five agreements for Engineering and Architectural Continuing Services; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute and enter into agreements with Craven Thompson & Associates, Inc., Eckler Engineering, Inc., Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield & Stoner, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2. That the appropriate City Officials are hereby authorized to execute agreements with Craven Thompson & Associates, Inc., Eckler Engineering, Inc., Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield & Stoner, Inc. (copies of which are attached hereto as "Attachments B -- 1, 2, 3, 4 & 5" ). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining potions or applications of this Resolution. Temp. Reso. #9434 Page 4 June 18, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11"' day of July, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. K T CITY ATTORNEY J7 JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ,4 vel DIST 1: COMM. PORTNER r4 !k DIST 2: COMM. MISHKIN e, DIST 3: V/M SULTANOF_Ayee, DIST 4: COMM. ROBERTS_A-v& fJ 1 Exhibit 1 Temp. Reso. #10124 CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this day of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 88' Avenue, Tamarac, Florida, hereinafter referred to as "City" and Mathews Consulting Inc., a Florida corporation with principal offices located at 1601 Belvedere Road, Suite 215 South, West Palm Beach FL 33406, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City requires professional Engineering services on a continuing basis to perform such specific services as City may direct; and WHEREAS, Consultant has the professional experience and expert skill and is qualified to perform the required services; and WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below, and Consultant is willing to accept such engagement upon such terms and conditions; and WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day following execution by the City; and WHEREAS, City in accordance with Florida Statues Section 287,055, Consultants Competitive Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type services as City Consulting Engineer; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the parties agree as follows: SCOPE OF WORK City hereby engages Consultant as an independent contractor to perform certain services and Consultant hereby agrees to perform said services upon the terms and conditions hereinafter set forth_ Standards of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by Consultant to meet the intent of the proposed projects. Consultant shall develop standards of design not available from City. Consultant shall perform Engineering services related to various miscellaneous projects as needed.. Agreement - AE Services Mathews Consulting.doc Each specific task to be performed shall be identified and described in detail by the Consultant and approved by the appropriate City officials, and if approved by City, shall be identified by a separate Job Number established by Consultant. The specific services which Consultant agrees to furnish and the terms and conditions for such services are as follows: A. ATTENDANCE AT MEETINGS_ After City has issued a written authorization for a specific task, attendance by Consultant at any subsequent meetings related to that task shall be considered as part of that task. In addition, Consultant shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time City will desire that Consultant meet with representatives of City and/or other organizations to discuss subjects not directly related to an already assigned task. Such meetings will include but not be limited to meetings at which Consultant's specialized knowledge is needed by City, or a meeting conducted to develop or disseminate criteria that will be needed by City in order to establish a new task, or a meeting at which Consultant is to act as a representative of City. However, in attendance at all required meetings and throughout the term of this Agreement, Consultant shall maintain independent contractor status. In order to minimize administration, attendance by Consultant at all such meetings shall be considered part of one continuing task. This Agreement shall be deemed as the written authorization for that task. However, Consultant shall not attend any particular meetings unless City has issued specific oral instructions that Consultant is to attend. The scope of work for each Job Number is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for each Job Number will identify the specific meetings to which they apply. All fees for services on each Job Number will be compensated as defined in Section III.A. herein. B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant shall review and comment to City on those developmental plans submitted to City which City determines will require either more Engineering expertise or more time than available to City's own Engineering staff- C. OTHER SERVICES. Upon determination by City that it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering design, including preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. Agreement - AE Services Mathews Consulting.doc 4. Surveying property plats and descriptions. 5. Assistance with CADD. 6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing construction change orders, approval of contractor's periodic pay request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Engineering services City wishes Consultant to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence and correlated with City's Capital Improvement project Number and title, if applicable, date approved by City Commission, if required, and signed by City's and Consultant's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. 8. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or signature by authorized representatives to City shall constitute authorization to proceed by the Consultant for services defined by that authorization. II. CITY FURNISHED ITEMS A. City shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instructions to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite processing of an application for a permit or license, City may, in some instances, direct Consultant to act for City in paying a required fee. In such instances, City subsequently shall reimburse Consultant for any such fees. Agreement - AE Services Mathews Consulting.doc Ill. FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services" shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hourly plus Direct Salary Costs and Reimbursement for Non-sa_ __lary Costs. Salary Costs are defined to be actual direct hourly wages paid to Consultant's employees, computed by taking the annual salary and dividing by 2,080 hours per year plus applicable direct costs. This base hourly rate, limited to the work classifications as listed in Exhibit "A", and attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. Consultant's non -salary costs are defined as the costs incurred on or directly for the project, other than the Direct Salary Costs (as previously defined herein). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by Consultant. Non -salary costs shall include, but are not limited to, necessary transportation costs, including mileage at City's current rate per mile when Consultant's own automobiles are used outside Broward County; meals and lodging outside Broward County; laboratory tests analyses; long distance telephone and printing. B. METHOD OF PAYMENT. Payment as prescribed for services rendered by Consultant during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by City no later than the forty fifth (45th) day after the date of invoice acceptance, unless some other mutually agreeable period of required payment is established in authorization for a specific task. Consultant shall submit monthly invoices to City through the appropriate or designated project manager. The Director or designee will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by City. As a minimum requirement, each invoice shall indicate original fee estimate, invoice date, amount of invoice, and estimated fees remaining. A summary shall be submitted by Consultant indicating each employee's name, employment classification and hours worked on the project for the invoice period. Acceptance of the final payment by Consultant shall be considered full release of all claims against City arising out of or by reason of the work done and materials furnished under this Agreement. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from City to Consultant, Agreement - AE Services Mathews Consulting.doc V except for oral authorizations regarding each Job Number. Each separate task authorization shall include information as to start and completion times for that task. MISCELLANEOUS PROVISIONS A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. B. INSURANCE. Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations, now in effect or hereinafter enacted, during the term of this agreement that are applicable to Consultant, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Consultant shall indemnify and hold the City harmless from any damage resulting to it for failure of either Consultant or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Commercial General Liability $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Aggregate $1,000,000 Agreement - AE Services Mathews Consulting.doc Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies shall be required. Each carrier will give the City thirty-(30) days notice prior to cancellation. The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. City and Consultant waive all rights against each other and any of their respective directors, officers, agents, and employees, for damages caused by risks Covered by property insurance during and after completion of the services. City waives subrogation against Consultant on all property and consequential loss policies carried by City on adjacent properties and under property and consequential loss policies purchased for the project after its completion. If the policies of insurance referred to in this paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. Construction contractors, at the discretion of the City, may be required to provide (or City may provide) Owners' Protective Liability Insurance naming the City as a Named Insured and the Consultant as an additional insured, or, to endorse City and Consultant as additional insureds on construction contractor's liability insurance policies covering claims for bodily injuries and property damage. Construction contractors shall be required to provide certificates evidencing such insurance to the City and Consultant. Agreement - AE Services Mathews Consulting.doc C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work herein, or any part thereof, shall be abandoned due to circumstances which City considers to be in its own best interests, Consultant shall not be entitled to any further payment for such work, or any part thereof, beyond and in excess of the amount due at that time, and final payment shall be based on the proportionate amount of the fee earned to such date. D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of Consultant. E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of City shall be final and may be enforced in a court of competent jurisdiction in the venue of Broward County, except as provided herein. City shall notify Consultant in writing of any decision City has rendered with regard to the interpretation of this Agreement. If Consultant disagrees with the decision of City, the dispute may be decided by arbitration at the City's discretion. F. RIGHTS IN DATA COPYRIGHTS DISCLOSURE. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representation. 2. Rights in Data. City shall have the full right to use all data developed pursuant to this Agreement for any official purpose permitted under Florida Statutes, including making it available to the general public. Such use shall be without any additional payment to or approval by Consultant. All data prepared or furnished by Consultant (and Consultant's independent professional associates and Consultants) pursuant to this Agreement are instruments of service in respect of the project, and Consultant shall have the ownership and property interest therein whether or not the project is completed. City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by registered Professional Engineer in the State of Florida shall not be modified, changed, altered or used for other purposes than those intended without the express written permission of Consultant. G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to the services performed under the terms of this Agreement. H. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of City. Some specialty sub -Consultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by City. Agreement - AE Services Mathews Consuning.doc INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant of its liability and obligation under this contract, and despite any such assignment, the City shall deal through the Consultant only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. K. SITE VISITS. Visits to the construction site and observations made by Consultant as part of the services shall not relieve the construction contractor(s) of its obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, nor shall the contractor(s) be relieved of responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by Consultant are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this Agreement. ONSITE MONITORING. Consultant's resident project representatives will make reasonable efforts to guard City against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing in accordance with the Contract Documents. M. TIME OF PERFORMANCE. Consultant shall commence performance on each specific task authorization upon receipt of written Notice to Proceed from City. The work shall be completed in accordance with the schedule included in the authorization. N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to Consultant all data in its possession regarding the existing facilities. This data shall include, but not be limited to; standards; specifications; policies; guides and Engineering reports; maps; plans; inventories; data; etc. City shall be responsible Agreement - AE Services Mathews Consulting.doc for all necessary approvals from all City of Tamarac departments, and administration of public meetings in City. Consultant shall prepare exhibits, displays, informational handouts, notes, minutes and shall assist City in conducting all meetings. O. MONITORING. Consultant's work shall be subject to the inspection and direction of City, which shall conduct periodic reviews with Consultant. Where Consultant's work is unsatisfactory to City, Consultant shall correct it at the direction of City and at no additional cost to City; however, it is incumbent upon City to notify Consultant immediately of any work deemed unsatisfactory. Consultant will indemnify City for any increased construction costs solely and proximately caused by negligence on the part of Consultant concerning any assigned project, less any betterment to City. P. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and Consultant thereby necessarily incurs extra costs, Consultant may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, City shall not reimburse Consultant for any work or services performed after interruption, postponement or abandonment, which City deems to be in its best interest, provided City provides proper written notice to Consultant of such interruption, postponement or abandonment of the work. In such case, City shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. Q_ CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the normal work week, designate or appoint one or more representatives of Consultant who are authorized to act on behalf of Consultant regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep City continually advised of such designation. R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the other pursuant to this Agreement, it must be given by written notice, hand delivered, or sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice to wit: For City: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: City Attorney At the same address as above Agreement - AE services Mathews ConsuRing.doc For Consultant Rene L. Mathews, P.E., President Mathews Consulting, Inc. 1601 Belvedere Rd., Suite 215 South West Palm Beach, FL 33406 S. TERMINATION OF AGREEMENT. City or Consultant may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, City shall forthwith pay Consultant in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. Consultant's right of termination shall not be construed to preclude any action by City for damages against Consultant should Consultant not fully perform Consultant's responsibilities and duties pursuant to this Agreement. In no case shall City be liable for damages to Consultant as a result of City's termination of this Agreement, in an amount in excess of actual costs incurred by Consultant in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by City. T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other Engineering firms as Consulting Engineers pursuant to the Consultant's "Competitive Negotiation Act of Florida". Nothing in this Agreement alters or cancels the terms and conditions or prior agreements for Engineering services between these parties or between City and any other Engineering firms. U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac, its officers, elected officials, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) to the extent caused by Consultant's negligent acts, errors or omissions associated with Consultant's duties and responsibilities pursuant to this Agreement. V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings prepared by Consultant, or on Consultant's behalf, are accurate, capable of being implemented and may be relied upon by any Contractor retained by City. W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise reasonable skill, care, and diligence in the performance of Consultant's services and will carry out its responsibilities in accordance with customarily accepted professional Engineering practices. If Consultant fails to meet the foregoing standard, Consultant will perform at its own cost, the professional Engineering services necessary to correct errors and omissions which are caused by Consultant's failure to comply with this standard and which are reported to Consultant within one year from the completion of services. 10 Agreement - AE Services Mathews Consulting.doc X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled to reimbursement of attorney fees. Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided information, change in law, or event of force majeure affects the Work or increases Consultant's costs, Consultant shall be entitled to a change to the Work and an equitable adjustment in the contract price and time of performance, as appropriate. Consultant shall propose in writing a change to the Work and an equitable adjustment in the Contract Price due to any such change, and City shall accept or dispute such proposal in writing within fifteen (15) days of receipt of Consultant's proposal. Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the professional Engineer to solicit or secure this agreement and that he has not paid or agreed to pay any person or company, corporation individual, or firm, other than a bona fide employee working solely for the professional Engineer any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and shall thereupon become a part of this Agreement. BB. AUTHORIZING ACTION. This Agreement is entered into by GJ'ty pursuant to a Resolution of the City Commission passed at a meeting held on 2001. 11 Agreement - AE Services Mathews Consulting.doc IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above, ATTEST: By: Marion Swerfson, CIVIC City Clerk ATTEST: (Corporate Secretary David L. Mathews Type/Print Name of Corporate Secy. (CORPORATt SEAL) CITY OF TAMARAC a Florida Municipal Corporation By: 5'sl cc e Schreiber, Mayor Date: By: h Jeffrey UMiller, City Manager Date: 7- /& -Q Mathews Consulting, Inc. "O+d (A thorized Signature) Rene L. Mathews, President Type/Print Name and Title Date: (j - 16 -O 12 Agreement - AE Services Mathews Gonsulting.doc CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF tr The foregoing instrument was acknowledged before me this day of ILI, 2001 by Rene L. Mathews President (name of officer or agent, title of officer or agent) of Mathews Consulting, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. Signilature of ary Public — State of rids .• j; •,y Mani' Arms" * * Mr COMMistion CC91447e Printed, typed/stamped name of Notary Public '• 60r" February21, 2W4 Exactly as commissioned Q'{ersonally known by me, or ❑ Produced identification: (Type of identification produced) O/Did take an oath, or ❑ Did not take an oath 13 Agreement - AE Services Mathews Consulting.doc I, David L. Mathews the duly elected Secretary of Mathews n Iti n . a corporation organized and existing under the laws of the State of Flodda , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. IT IS HEREBY RESOLVED THAT , Rene L. MathQLAis the duly elected eresident of Mathews Conaultina. Inc. be and is hereby authorized to execute and submit a Bid and Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME Rene L. Mathews David L. Mathews TITLE President Vice President �Alw-j Irma . : M1//M� Given and my hand and the Seal of the said corporation this , ( day of 20 01. (SEAL) Secretary MATHE W S CONSULTING INC Engineers EXHIBIT A Billable Rate Schedule for City of Tamarac Direct Hourly Rates Principal Engineer ............................................... $125.00 per hour Senior Engineer — Level 11 ...............................—$110.00 per hour Engineer — Level I ................................. . $85.00 per hour Construction Inspector ......................................... $75.00 per hour CARD Designer ................................................... $80.00 per hour Technician............................................................ $50.00 per hour Clerical................................................................. $45.00 per hour i Reimbursable Expenses Reimbursable Expenses, including printing, postage, transportation costs (including mileage), meals/lodging, laboratory tests analysis, and long distance telephone, are billed on a direct cost basis. Subconsultant Costs Subconsultant charges shall be billed on a direct cost basis plus 10% administration fec. Mathews Consulting. Inc. • 1601 Belvedere Road, Suite 215S • West Palm Beach, FL 33406 •561-478-7961 • Fax 561-478-7964 CERTIFICATE OF INSi ISSUE DATE (MM/DD/YY) R:A►NCE .....;. - 6/15101 PRODUCER THIS CERTLFICAT'B IS ISSUED AS A MATTER OF INFORMATION ONLY AND Collinsworth, Alter, Nielson, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOGS NOT AMEND. EXTEND OR ALTER TTIB COVERAGE AFFORDED BY THE POLICIES BELOW Fowler & Qowling,lnc.(WMC/DIA) COMPANIES AFFORDING COVERAGE 5979 NW 151 Street, Suite 105 COMPANY LE"111M A Lloyds of London Miami Lakes, FL 33014 LrrrmANY B INSURED COMPANY LETTER C Mathews Consulting, Inc. Attn: Rene Mathews 1601 Belvedere Road A215S COMPANY LETTER D COMPANY LETTER E West Palm Beach FL 33406 THIS IS TO C RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIM POLCY PERIOD INDICATED. NOTWITH,S7ANDING ANY REQUMESHENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BB LIM= OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SURTECP TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L.FMCCS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TR TYPE OF NSURANCE POLICY NUMBER POLICY EFF. DATE (MM/DD/YY) POLICY EXP. DATE (MM/DDIVY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE COMM. GENERAI. LIABILITY PROD-COMP/OP ACC. CLAIMS MADE "OCC. PERS. & ADV. INJURY OWNER'S & CONTRACT'S PROT EACH OCCURRENCE FIRE DAMAGE(one Fire) MED. EXP. (One ter) AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT BODILY INJURY ALL OWNED AUTOS SCITEDITLED AUTOS (Per per n) BODILY tNTURY HIRED AUTOS NON -OWNED AUTOS (Per occident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM SCATI,TORY LLNIITS WORKERS' COMPENSATION EACH ACCIDENT AND DISEASE -POLICY LLNUT F_,HPLOYER'S LIABILITY DISk;ASE-EACH EMP. A oT mit P62601 5/01101 5/01 /03 Professional 1,000,000 limits Liability each claim and claims made form annual aggregate DESCRIPTION OF OPERATIONS/LOCATiO`)S/VEHICL.ESISPECIAI, ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO IILE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL. IMPOSE NO OBLIGATION OR City of Tamarac LIABrL1iY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVFS. 7625 NW 68TH Avenue AUTHORIZED RE Tamarac, FL 33321-2401 ACORD 25- (7/90) A- an A,. PRODUCER T CERTIFICATE OF LIAB. ACEC/MARSH 800 Market St, Ste. 2600 St. Louis NO 63101-2500 Phone-.800-338-1391 Fax:888-621-3173 MiUKLU LITY INSURANC�,,T1, SR SL=DATE�QZ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS �AFFORD�INGVERAGE INSURERA Hartford Iom an INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER rTajCvTxvjMjM Mathews Consulting, Inc. 1601 Belvedere Road Ste 215 S West Palm Beach FL 13406 DATE MWDD DATE MM/DD/YY LIMITS GENERALLUU3ILITY EACH OCCURRENCE $ 1 000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X] OCCUR 84SBVLB7335 11/01/02 11/01/03 FIRE DAMAGE (Anyone fire), $ 1,000,000 MED EXP (Any one person)T $ 10,000 $ 1 000, 000 PERSONAL & ADV INJURY GENERAL AGGREGATE , $2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: POLICY X J 0. LOC PRODUCTS - COMP/OP AGG $2 0 0 0 0 0 0 , , AUTOMOBILE LIABILITY A ANY AUTO 84UEGLL7958 11/01/02 11/01/03 COMB(Ea accident) NGLEUMIr dent) $1, ,000 , 000 X INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS VendorBODILY X HIRED AUTOS bate NON -OWNED AUTOS of Revie 4+ePtabl1 k7 1 % fir _ D / w BODY I (Perr acciden )RY $ --a X PROPERTY DAMAGE (Per accident) C7 C7 $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S =y C) ANY AUTO `�'6/I�1pAnl�S ��� O OTHER THAN EA AC AUTO ONLY: AGG. .-� �1 EXCESS LIABILITY OCCUR ❑CLAIMS MADE EACH OCCURRENCE AGGREGATE ed Signature S - -DEDUCTIBLE RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS' LUABILfIY 84WBGGJ0270 11/01/02 11/01/03 X TORY LIMITS ER E.L. EACH ACCIDENT S 100,000 E.L.DISEASE - EA EMPLOYEE $1G0,000 E.L. DISEASE - POLICYLIMII $500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIO! CITY OF TAMARAC IS INCLUDED AS ADDITIONAL INSURED. WAIVER INCLUDED IN FAVOR OF CERT HOLDER FOR WORK COMP.. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: TAMARRR CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC FL 33321-2401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3_0�__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE lokl-� Q- PA ACORD 25-S (7197) Oc ACdRD CORPORATION 1988 Exhibit 2 Temp. Reso. #10124 CITY OF TAMARAC Task Order Authorization No. 03-08E Engineering Services for Water Treatment Plant Disinfection System Improvements DATE: April 21, 2003 PROJECT I)ESCRIPTION The City of Tamarac has requested Mathews Consulting, Inc. (CONSULTANT) to provide professional services for the design, permitting, bidding and construction administration services for the Water Treatment Plant (WTP) disinfection system improvements. The improvements shall consist of replacing the existing gas chlorination system with a new on -site sodium hypochlorite generation (OSHG) system and ammoniation system. SCOPE OF WORK The services provided under this authorization will be divided into defined tasks in order to perform the required engineering services. The following is the description of the tasks to be completed by the CONSULTANT: Task No. 1 - Design I. CONSULTANT shall provide engineering design services for a new on -site hypochlorite generation (OSHG) system and new ammoniation system at the City of Tamarac WTP. Engineering services shall include civil, mechanical (process piping), structural, electrical and instrumentation/process control disciplines. 2. The system will consist ofa. maximum 900 lb/day system with brine tank, hypochlorite solution storage tanks, chemical metering pumps, and associated piping, structural and electrical appurtenances. The generation equipment and storage tanks will be located in the existing Chlorine Building, with the exception of the hypochlorite storage and brine tanks which will be located adjacent to the Chlorine Storage Building on concrete pads. The ammonia tank will also be located adjacent to the Chlorine Storage Building on a concrete pad. The existing chlorine feed injection points will be modified to accept hypochlorite solution. 3. Process Components will include the following: a. One (1) - 900 lb/day on -site hypochlorite generation system with touchscreen PLC' at the Chlorine Building b. One (1) - 47-ton Bryneer fiberglass brine storage tank with automated make-up water level control. c. Two (2) - 12,000-gallon horizontal fiberglass hypochlorite storage tanks. 05/15/03 d. Eight (8) — Positive displacement chemical feed hose pumps with VFDs, all located in the Chlorine Room, to supply hypochlorite to seven (7) dosing points. e. Two (2) — Dual vessel water softeners. f. Two (2) — Centrifugal hydrogen dilution blowers for the two storage tanks. g. One (1) 500-gallon anhydrous ammonia storage tank. h. Two (2) 100 lb/day direct feed ammoniators. 4. Structural Components will include the following: a. Concrete pads for equipment and tanks, as necessary. b. Injection vaults for new ammonia feed locations, if required. C. Protective CMU block wall around ammonia tank. d. It is assumed concrete containment of the storage tanks is not required for this project. 5. Electrical/Instrumentation Components will include the following: a. A new electrical service will be provided for the existing Chlorine Building to serve the new disinfection system loads. b. Control panels and instrumentation will be provided as required for control of the new system. Controls will be integrated with the WTP existing control system. Construction documents will require Contractor to perform necessary Intellution® programming and eontrol screen modifications to reflect incorporation of the new hypochlorite system and deletion of chlorine gas system. C. harmonics protection will be provided either internally or externally to the OSHG system panel. (. CONSULTANT shall perform field inspection of the existing above ground structures and equipment in the Chlorine Building and pertinent site area. The information will be used to establish a base floor plan for layout of the new OSHG and ammonia systems. It is assumed as -built drawings of the site and pertinent site areas (preferably in electronic format) will be provided by the City. 7. Field verification of pipe locations and elevations may be required. It is assumed that the City will provide potholing services so that. CONSULTANT may verify horizontal and vertical locations. 8. CONSULTANT shall provide drawings and specifications for the proposed improvements. The following deliverables will be provided at the 50, 90, and 100 percent design intervals. 05/07/03 2 ♦ 50-Percent Design Interval — 50-Percent Engineering Drawings — 50-Percent Technical Specifications ♦ 90-Percent Design Interval — 90-Percent Engineering Drawings — 90-Percent Technical Specifications — 90-Percent Front End Contract Documents — Construction Cost Estimate ♦ 100-Percent DesigLi Interval — Final construction bid documents (drawings and specifications) 9. CONSULTANT shall provide up to (10) hard copies of the documents for use by the project team and the City. CONSULTANT shall also provide up to ten (10) signed and sealed hard copies of the documents to the Contractor for permitting purposes. 10. Services include up to four (4) project meetings with the project team and/or the City. DELIVERABLES TASKS DELIVERABLES QUANTITY 1. Construction Document 50% Drawings & Specs 4 — Sets (11" x 17") Production 90% Drawings & Specs 4 — Sets (11" x 17") Cost Estimate (� 90`% 4 -Sets 100% Drawings & Specs _ 4 — Sets (22" x 34") 2. Bidding Services Bidding Sets 20- Sets (22" x 34") Addenda if required As required 3. Permitting Services Permit Applications 4 — Sets 4. Construction Services Complimentary Sets (City, Bid Exch.) 6 Sets (22" x 34") Construction Sets 8 — Sets (22" x 34") Record Drawings 3 — Sets (22" x 34") Task No. 2 - Biddinp_ Services CONSULTANT shall provide Bidding Services to support the City as follows: ♦ Respond to bidders' questions prior to submission of bids. ♦ Prepare information for inclusion in addenda to contract documents, if required, based on the questions and findings of prospective bidders. ♦ Attend pre -bid meeting at the project site if requested. ♦ Review bids and recommend award of contract. Prepare bid tabulation for submittal to the City. Task No. 3 - Permitting CONSULTANT shall prepare and signs/seal permit application(s) for regulatory agencies having jurisdiction over the project, including Broward County Ucalth Department and Froward County DPEP. CONSULTANT shall provide brief project description and 05/07/0? 3 design data for inclusion in permit application package. CONSULTANT shall respond to any RFI's issued for the project. All permit fees shall be verified by CONSULTANT and paid directly by the City. Task No. 4 — Construction Observation CONSULTANT shall review shop drawings of equipment items (e.g. mechanical, structural, electrical, instrumentation) before submittal to the City. 2. CONSULTANT shall perform periodic site inspections during construction of the project. Eight (8) hours a week for an estimated 5 month construction period shall be provided for periodic inspection services. Special inspections for project certification will be required during the following events: a. Inspection of rebar placement prior to concrete pour. b. Piping installation and pressure testing. C. Equipment installation. d. Hydraulic testing of tanks. 3. CONSULTANT shall provide observation during equipment startup and witness performance testing. 4. CONSULTANT shall prepare Record Drawings (AutoCad version 2000) of the completed installation based upon the Contractor's as -built markups. 5. CONSULTANT shall provide final certification of the project for permitting completion. CONSULTANT shall also submit documentation to EPA/State of Florida Department of Community Affairs that the facility is no longer utilizing chlorine gas and is no longer subject to RMP requirements. 6. CONSULTANT shall provide one (1) hard copy and one (1) electronic copy of Record Drawings to the City upon completion of the project. ASSUMPTIONS Work described herein is based upon the assumptions listed below. if conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. City will provide to Consultant all available pertinent information including previous reports, financial statements, budgets, costs estimates, customer data, and any other data relative to performance of the services listed above. 05/07/03 4 CONTRACT PERFORMANCE Proposed schedule and fees for completion of major work tasks are summarized below. COMPLETION DATES: CONSULTANT will commence services upon receipt of written authorization and is proposing the following schedule for this project: Tasks Approximate Duration _, 1. Construction Document Production 16 weeks from Engineer's NTP 2. Biddiniz Services 6 weeks from acre tancc of 100% design 3. Permitting Services Concurrent with Task 2 4. Construction Services 20 weeks from issuance of NTP to construction contractor. SUMMARY OF PROPOSED FEES: Costs associated with this Consultant Service Authorization are provided below. Task Cost 1. Construction Document Production $63,475.00 2. Bidding Services $5,750.00 3. Penmitting Services $4,175.00 4. Construction Services $48,150.00 Total: $121,550.00 Additional Services - The fee for Additional Services shall be billed using the Hourly Rate Schedule contained in the General Contract, or as an agreed upon fixed fee. 05/07/0 5 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through an authorized official of the City and Mathews Consulting, Inc. signing by and through Rene L. Mathews President and David L. Mathews (Vice President duly authorized to execute same. CITY OF TAMARAC: By: ov" Jeffr ler, City Manager i Date: I'Z, 9/ ATTEST: fitness / MATHEWS C NS . TIN INC. I' M� By: Rene . M thews, President Date: and By: David L. Mathews, Vice President Date: ATTEST: Signature of Corporate Secretary David L. Mathews Type name of Corporate Secretary (CORPORATF. SEAL) 05/07/0_1 0