HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-191Temp. Reso. # 10211
July 31, 2003 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- i `' .'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO, 03-10E WITH MATHEWS
CONSULTING, INC., TO PROVIDE PROFESSIONAL
SERVICES FOR THE DESIGN, PERMITTING, AND BIDDING
FOR THE TAMARAC EAST WATER MAIN IMPROVEMENTS,
IN ACCORDANCE WITH THE CITY'S CONSULTING
ENGINEERING AGREEMENT AS AUTHORIZED BY
RESOLUTION #R-2001-185, FOR AN AMOUNT NOT TO
EXCEED $67,245.00; 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, it is necessary to provide proper and adequate pressure, volume
corrections and additions to the Tamarac East service area, as well as ensure that proper
fire protection is available to areas lacking adequate coverage; and
WHEREAS, some distribution line sections were installed in the rear of certain areas
and should be relocated into the housefront easement area for proper maintenance and
repair access; and
1
Temp. Reso. # 10211
July 31, 2003 2
WHEREAS, the construction will be planned in conjunction with the Roadway
Resurfacing Program; and
WHEREAS, the City requires the service of a consulting firm knowledgeable in this
area and capable of providing professional services for the design, permitting, and bidding
for the Tamarac East Water Main Improvements; and
WHEREAS, Mathews Consulting, Inc. possesses the required knowledge and
experience to provide the professional engineering services associated with the Tamarac
East Water Main 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. 03-10E 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. 03-10E (a copy of which is attached hereto as "Exhibit 2") with
Mathews Consulting, Inc. to provide Engineering Services for the Tamarac East Water
Main Improvements for an amount not to exceed $67,245.00 and to provide funding from
the appropriate budgeted Utilities Operational account.
1
1
1
Temp. Reso. # 10211
July 31, 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 accept
and execute Task Authorization No. 03-10E with Mathews Consulting, Inc. to provide
engineering services for the Tamarac East Water Main Improvements, in accordance with
the City's Consulting Engineering Agreement as authorized by Resolution No. R-2001-185
on July 11, 2001, for an amount not to exceed $67, 245.00.
SECTION 3: The $67,245.00 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 $10,000.00 per Section 6-156 (b) of
the City Code, and close the contract award including, but not limited to making final
payment within the terms and conditions of the contract and within the contract price.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution
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. # 10211
July 31, 2003 4
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27th day of August, 2003.
JOE SCHREIBER
MAYOR
ATTEST:
d RECORD OF COMMISSION VOTE:
MARION SW NSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHEL�,.K A T
CITY ATTORNE
u
REG:aml
Temp. Reso. #9434
Exhibit 1 Page 1
Temp. Reso. #10211 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
i
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. LakdasNohalem
12. Mathews Consulting
13. Miller Legg
14.PBS&J
15. Reynolds Smith & Hill
16, Rhon Ernest -Jones
17. Tamara Peacock
18.TBE Group
19. Williams, Hatfield & Stoner
WHEREAS, after an extensive review and evaluation process which included
categorizing the firms by size, the committee consisting of Director of Utilities,
Assistant Public Works .Director, Utilities Project Engineer, and Assistant City Engineer
recommend the appropriate City Officials be authorized to execute agreements for
Engineering and Architectural Continuing Services to be utilized for a period of five
years on an "as needed" basis with the following five (5) firms:
1. Eckler Engineering, Inc. (Small Firm)
2. Mathews Consulting, Inc. (Small Firm)
3. Craven Thompson & Associates, Inc. (Medium Firm)
4, Williams, Hatfield & Stoner, Inc. (Medium Firm)
5. Miller Legg and Associates, Inc. (Large Firm)
Temp. Reso. #9434
Page 3
June 18, 2001
WHEREAS, the Public Works Director, Utilities Director and Purchasing and
i
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 11T" day of July, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
"ELL
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A el
DIST 1: COMM. PORTNER A
DIST 2: COMM. MISHKIN e,
DIST 3: V/M SULTANOF_&e.,
DIST 4: COMM. ROBERTS—Axe,
1
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
his Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 881" Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Miller Legg & Associates, Inc., a Florida corporation with principal offices located at 1800 N.
Douglas Road, Suite 200, Pembroke Pines FL 33024, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for 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 Miller Legg.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
1. Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement - AE Services Miller Legg.doc
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
of
inspections, preparing construction change orders, approval
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.
S. 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 Miller Legg doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Sala Costs and Reimbursement for Non -salary
Costs. salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement_
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Miller Legg.doc
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
V. MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records 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 Milier Legg.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior4o 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
j insurance to the City and Consultant.
6 Agreement - AE Services Miller Legg.doc
C. INTERRUPTION, .POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS_ The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA COPYRIGHTS DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE Services Miller Legg.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract. '
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safely precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; etc. City shall be responsible
Agreement - AE Services Miller Legg.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O- MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up 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 Miller Legg doc
For Consultant Robert H. Miller, President
Miller Legg & Associates, Inc.
1800 North Douglas Rd., Suite 200
Pembroke Pines, FL 33024
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T, NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement-
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
10 Agreement - AE Services Miller Legg.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
Agreement - AE Services Miller Legg.doc
I
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
By:
Marion Sw nson, CIVIC
City Clerk
ATTEST:
( orporate Secretary
CITY OF TAMARAC
a Florida Municipal Corporation
•n
% e Schreiber, Mayor
Date: !" / (,- C
l /ytlG�.c...
By:
Jeffrey ill City Manager
Date: 7-/ ( ' 0 /
MILLER LEGG A
(Signature of
IATE5. Inc.
Dan A-----T-' cretary D v n E Sr Vice President
Type/Print Name of Corporate Secy. Type/Print Name and Title
Date: 0 6/ 2 s z 0,01
(CORPORATE SEAL)
12 Agreement - AE services Miller Legg-doc
CORPORATE ACKNOWLEDGEMENT
STATE OFF lorida
COUNTY OF R,-,w a Y�
The foregoing instrument was acknowledged before me this 2 a th day of
June 2001 bynavid L . John, P . E . , (name of officer or agent, title
sr. Vice President
of officer or agent) of MILLS LEGG ASSOCIATES (me of corporation acknowledging),
a Florida (state or place of incorporation corporation on behalf of the corporation.
Signature of Notary Public -- State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or RDid not take an oath
Barbwu l lir,�srn
my coyv;sslo��
Octcucr 19. 203
EGVDED i 1W TClf -VV
13 Agreement - AE Services Miller Legg.doe
CERTIFIED RESOLUTION
I, Dan A. Tintrier, P.E. (Name), the duly elected Secretary of
?i i 11 e r , Le_g A s s p c , ,inr _.(Corporate Title), a corporation organized and existing under
the laws of the State of Florida , do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT David L . John, P.E. (Name)",
the duly elected (Title of Officer) of
Millero Leca & (Corporate Title) be and is hereby authorized to
execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE
Gary &. .,.Tenn, P.E.Senior project Manag
Given under my hand and the Seal of the said corporation this T, St h day of
jiina T i 2Oa3__.
(SEAQ By.
Secretary
Miller Leqg & Assoc. Inc.
Corporate Title
NOTE.
The above is a suggested form of the type of Corporate Resolution desired. Such
fo7m need not be followed explicitly, but the Certified Resolution submitted must
clearly show to the satisfaction of the City of Tamarac that the person signing the
Bid and Bid Bond for the corporation has been properly empowered by the
corporation to do so in its behalf.
Page 1 of 1
ENGINEERS • SURVEYORS & VAPPERS , PLANNERS • LANDSCAPE ARCHITECTS , GIS • ENVIRONMENTAL PROFESSIONALS
G�0 Corporate Office: 1800 North Douglas Road Suite 200 • Pembroke Pines, FL 33024-3200
(954) 436-7000 Fax: (954) 436-8654 - www.miilerlegg.com
� E
ASSOCIATES, INC 2001 HOURLY RATE SCHEDULE
TITLE
HOURLY RATE
Administrative
$ 45
Technical Assistant
$ 50
CAD Technician
$ 60
Field Representative
$ 60
Senior Field Representative
$ 70
Technician
$ 70
GIS Data Processor
$ 75
Senior CAD Technician/Landscape Designer
$ 75
Environmental Scientist/Risk Management Specialist
$ 75
Director of Field Services
$ 85
Project Engineer/Surveyor/Landscape Architect/Designer
$ 85
Regulatory Coordinator
$ $5
Survey Field Party (Portal to Portal)
$ 95
GIS Specialist
$ 95
Senior Project Engineer/Senior Environmental Scientist
$ 95
Project Manager/Licensed Surveyor
$100
Senior Project Manager/GIS Coordinator
$125
Engineering/Planning/Surveying Director
$140
GPS Field Party (Portal to Portal)
$150
Principal
$175
Senior Principal
$215
NOTE: These rates are subject to change after January 1, 2002
Document2
Offices Located In! Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798.9981
Orlando, FL (407) 926-4122
A ENGINEERS • SURVEYORS & MAPPERS • PLANNERS - LANDSCAPE ARCHITECTS • GIS • ENVIRONMENTAL PROFESSIONALS
oil Corporate Office: 1800 North Douglos Road Suite 200 • Pembroke Pines, FL 33024-3200
(954) 436.7000 • Fax: (954) 436-8664 www.mlllerlegg.com
V
La®
A ASSOCIATES, INC
"Celebrating 35 Years"
MILLER, LEGG & ASSOCIATES, INC.
Standard Reimbursable Expense Rates
Effective January 1, 2001
In-house Expenses
Courier
at cost
Mileage (per mile)
per city rate
Copies
$0.15
Blueprints
$2.20
Mylars
$7.00
Postage
$0.34
Vellunns
$5.50
Fax Transmissions
$l .00
Official Record bocs
$1.00
Offices Located In: Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
-44� 2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88'h Avenue, Tamarac, Florida, hereinafter referred to
as "City
and
Mathews Consulting Inc., a Florida corporation with principal offices located at 1601 Belvedere
Road, Suite 215 South, West Palm Beach FL 33406, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287,055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
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.
S, 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 Engineenng
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
1. Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement - AE Services 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.
$. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization_
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
3 Agreement - AE Services Mathews Consutting.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Mathews Consufting.doc
ON
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.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE Services Mathews Consulting.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents,
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; etc. City shall be responsible
Agreement - AE Services Mathews 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 Consuftin9.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 Cjty 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 Swe son, CMC
City Clerk
Mitchell S. Kraft
Date:
ATTEST:
1�1��
(Corporate Secretary
rney
David L. Mathews
Type/priht Name of Corporate Secy.
(CORPORATt SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By:
e Schreiber, Mayor
Date: 7- 1 6 0 /
�y: YA�.-�.
Jeffrey Mi er, City Manager
Date: 7 , /& -O i
Mathews Consulting, Inc.
r
(A thorized Signature)
Rene L. Mathews, President
Type/Print Name and Title
Date: (J --t5 rp j
12 Agreement - AE Services Mathews Consulting.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF,r% /Mffd�
The foregoing instrument was acknowledged before me this day of
✓u.!/__ _, 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.
At���ureary Public — State of rida
f1;,. 4. Nancy Armatrtxip
*la* MY CWMISSIon CCO144-18 Printed, typed/stamped name of Notary Public
' tiZ w� F)Vr" F96rtary21. -1 4 Exactly as commissioned
211'ersonally known by me, or
❑ Produced identification:
(Type of identification produced)
[' Did take an oath, or ❑ Did not take an oath
13 Agreement - AE Services Mathews Consulting.doc
I, _David L. Mathewsthe duly elected Secretary of Math ws Consulting.In .
a corporation organized and existing under the laws of the State of Florida ,
do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
IT IS HEREBY RESOLVED THAT R n L. Mathews the duly elected
of nc.
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
Vice President
TITLE SIQ-NA':
Of
iNi
President
I l�■ /I�
Given undX my hand and the Seal of the said corporation this I day of
LAU�EA= 20
(SEAL) _ By.
Secretary
117-=Dno, 720
MATHEWS
CONSULTe
CONSULTING 'Nc
EXHIBIT A
Billable Rate Schedule for
City of Tamarac
Direct Hourly Rates
Principal Engineer ............................................... $125.00 per hour
Senior Engineer— Level II...................................$110,00 per hour
Engineer — Level I ............................................... $85.00 per hour
Construction Inspector ......................................... $75.00 per hour
CARD Designer ................................. I ............... ..$$0.00 per hour
Technician............................................................ $50.00 per hour
Clerical................................................................. $45.00 per hour
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 fee.
Mathews Consulting, Inc, • 1601 Belvedere Road, Suite 115S • West Palm Beach, FL 33406 •561-478-7961 • Fax 561-478-7964
CERTIFICATE OF INSURAAN�tCE ISSUE DATE (A4�t DD YY)
- _ 6/15/01
THIS CERTIFICATE IS ISSUED AS A MATTER OF LNYORMATION ONLY A7'M
PRODUCER
CONFERS NO RTGRTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Collinsworth, Alter, Nielson,
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
Fowler & Dowlin9,ln6-(WMClDIA)
COMPANIES AFFORDING COVERAGE
5979 NW 151 Street, Suite 105
coMPANY
A Lloyds of London
Miami Lakes, FL 33014
COMPANY LETTER B
INSURED
COMPANY
Mathews Consulting, Inc.
LETTER
Attn: Rorie Mathews
COMPANY
LETTER D
1601 Belvedere Road #215S
West Palm Beach FL 33406
COMPANY
LFT FR
IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED RKLOW HAVE BEEN ISSUED TO THE U4LTED NAMED ABOVE FOR THE POLICY PERIOD
szxrc
THIS
INDICATED. NOTWITHSTANDING ANY IIEQUMEMENT, TERM OE CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
AFFORDED BY TUX POLICIES DESCRIhLD HEREIN IS SUBTECT TO ALL THE TERMS,
CERTIFICATE MAY BE ISSL'M OR MAY PFRTAIN, THE INSURANCE
OF SUCH POLICIES. LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAII) CLAIMS.
EXCLUSIONS AND CONDITIONS
POLICY EFT. POLICY EXP, LIMITS
CO POLICY NUMBER
TYPE OF INSURANCE
DATE (SIf/DD,YY) DATE (hI(/DbIYY)
.TR
GENERAL AGGREGATE
GENERAL LIABILITY
PROD-COMP/OP ACC.
COMM. G>rN'tERAL LIABILITY
CLAIMS MARE uOCC.
' PERs. & ADV. Lti7URY
EACH OCCURRENCE
OWNER'S & CONTRACT'S PROT
FIRE DAMAGE(One Full
MED. EXP. (One Per)
AUTOMOBILE: LIABILITY
COMBINED SINGLE
LIMIT
LICIT
ANY AUTO
ALL OWNED ALTOS
BODILY DUURY
(Per person)
SCIIFDULED ALTOS
HIRED ALTOS
BODILY IhTURY
(per oaldeuq
NON -OWNED AUTOS
GARAGE LIABI ITY
pROpERTY DAMAGE
EACH OCCURRENCE
EXCESS LIAM=
L'MBRFLLA FORM
AGGREGATE
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKERS' COMPENSATION
EACit ACCIDENT'
AND
DISEASE -POLICY LLMrT
E:NSPLOYER'S LIABILITY
DISEASE-Ek4H EMP.
P62 501
5/01101 5101103
A oTrmiz
1,000,000 limits
Professional
each claim and
Liability
annual aggregate
claims -made form
DESCRIPTION OF OP£RATTONS/L(>CATIONS/VEHICL.ES/SMCIAI, ITEMS
CANCELLATION
CERTIFICATE BOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCTiLI.EA BEFORE THE
EXPIRATION DATE THEREOF, THE ISSLING COMPANY WILL ENDFAVOR TO
1AEL DAYS NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIIF
bWRITTEN
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SRAI.L IMPOSE NO OBLIGATION OR
UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
City of Tamarac
LIABILITY OF ANY KIND
7525 NW 88TH Avenue
AUTHORIZED
Tamarac, FL 33321-2401
ACORD 25-5 (7/90) 4-
�+ p [+ �* { t t RAN�'!c C � DATE (MM'CO+YY)
AC V5r'1�V QI .[«t {1V4�.�r.:� = D6/1B ql
TMIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POIJCIES BELOW.
, Ste. 2600
63101-2500
COMPANIES AFFORDING COVERAGE
St. LOu1S MO
COMPANY
A Nartford Insurance Company
rb_, 80 -1391 F - 888- 1-3
INSURED
COWANY
B
COMPANY
Mathaw>a Consulting, Inc.
C -
1601 Belvedera Road, Ste 215 S
COMPANY
Went Palm Beach FL 33406
D
:•..:...�.�..-.-.-.•.................
....." USTEDg"OWHAVE•BEENZWEPTOTHE•MUSEDNAMED,ABOVEFOR Tt•IE�F'OLICYPERIOO
£CIE
..
TN LS TO.
NOT OTHEROOCU XT WITH RESPECT TO WHICH THIS
INDIGLTEO. MOTWLT:L4TANDalG ANV REOU EHT, TERM On CONDMON OF ANY
I
E8
E MUK&44CE AFFORDED BY THE POOL RIdED
CERTIFICATE MAY BF *SUED OR NAY PERTAIN. HEREIN IS $L1B.iECT TO ALL THE TERMS.
EXCLUSIONS AND COII XTIONS OF SUCH POLIO=. LOM SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICYFFFECTF4 POLICYE>71RATION LWS
TYPE OF INSURANCE POLICY NUUBER
DATE (MMVDYY) DATE O"DO M
LCTOTt
GENERAL AGGREGATE s2,000,000
GENERAL UABIUTY
A x coMMERCLALaw-RALL"ortY 94SBXGQOS99
11/01/00 11/01/01 PRODUCTS -COMProPAGG s2,000,000
PERSONAL i ADV INJURY $ 1, 0 0 0, 0 0 0
•
CLAIMS MADE a OCCUR
EACH OCCURRENCE S1,000,000
OWNERSSCONTRACTOR'SPROT
FIRE DAMAGE (AnV one No) $1,000,000
WED EXP (Any cna penCn) s 10 , 0 0 0
AUTOWMKA LIASCrry
COMBRIEO SWGLE OWT 31,000,000
A Y ANYAUTO 84UKV'LL7958
11/01/00 11/01/0,
AIL O W NED AUTOS
"
y BODILY uuaav $
SCHEDULED AUTD5
x HIRED AUTOS
86CILY INJURY s
(Pe. aCOOsnI)
X NON-OWNKDAU70S
-
Y _
PROPERTY DAMAGE I s
AUTO ONLY • EA ACCIDENT s
r".A G1 LNB4ITY
ANY AUTO
I OTHER THAN AUTO ONLY:
I
FACHACCIOENT s
AGGREGATE s
IXCESS LIABILITY
EACH OCCLIFLAENICE s
UMBRELLA FORM
AGGREGATE S
OTHER THAN UMBRELLA FORM
s
C g
WORKER? COMPENSATION AND
EMPLOYERS' LIABILITY
EL EACH ACGIDENT
A THEPROPRIE•TOR! x INCL 84WBVJK6298
11/01/01) 11/01/01 FLaSEASE-POLICY LIMIT s500,000
PARTHERST-XECU VF
EL DISEASE - EA EMPLOYEE S 10 D , 0 0 0
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONS/LOCATION$NEHICL&&SPECIAL fTEMS
CITY OF TAMARAC S INCLUDED AS ADDITIONAL INSURED. WAIVER OF SUBROGATION
INCLUDED IN FAVO OF CSRT XOLDSR FOR WORK COMP..
CERTIFLCA:TE NC+DEFt:' ::: :::..:::..: :.:':::::�:•::•:-:;:-:::'.�::` ::::�:.�:
'��' .:.�.�'.:": ......
•
S}gLILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
TAXMM
,XP}RATK)N DATE THERFcw. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
j 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FMLU476 TO MAIL SUCH NOTICE SHALL wkost NO OBLIGATION OR LU181UTY
CITY OF TAMARAC
OF ANY KIND UPON THE COMPANY, IT$ AGENTS OR REPRESENTATNES.
7525 NW 88TH AVSNITY
TAMARAC FL 33321-2401
AC ORa 25 -9
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 88t' Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Eckler Engineering, Inc. a Florida corporation, with principal offices located at 9381 W. Sample
Road, Coral Springs FL 33065, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
1 Agreement - AE Services Eckler.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
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 Echder.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.
$. 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.
D. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees-
3 Agreement - AE Services Eckler.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for_Non-salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV. TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties. However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Eckler.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 Ere 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 Eckler.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with ,the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per 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 Eckler.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 bf 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 Eckler.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances; relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; etc. City shall be responsible
Agreement - AE Services Eckler.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
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 Eckler.doc
For Consultant Donald A. Eckler, P.E., President
Eckler Engineering, Inc.
9381 W. Sample Road
Coral Springs, FL 33065
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
10 Agreement - AE Services Eckler.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 CA pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 Agreement - AE Services Eckler.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
CITY OF TAMARAC
a Florida Municipal Corporation
ATTEST:
By:
By._ Mayor
Marion Sw son, M /J Schreiber,
City Clerk -7- /6 - TU /
Date:
By:
Jeffrey L. ill r, City Manager
Date: - / by
Ap
By
Da
ATTEST:
(Corporate Secretary
):�kkj 4(d 25 /ter
Type/Print Name of Corporate Secy.
Eckler Engineering, Inc.
3 � �1- �-- 4 5 ��7
(Authorized Signature)
Donald A. Eckler, P.E. President
Type/Print Name and Title
Date: 14 /
12 Agreement - AE Services Eckler-doc
CORPORATE ACKNOWLEDGEMENT
STATE OF /Cldl/G(i
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2001 by Donald A. Eckler, P.E., President (name of officer or agent, title
of officer or agent) of Eckler_Engineerina, Inc. (name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the corporation.
UNOAC,IRMNISO
my Comm E*.'5A M
No. Do 006647
50"1 If
Sig ture of Notary Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
Produced identification:
(Type of identification produced)
0 Did take an oath, or 0 Did not take an oath
13
Agreement - AE Services Eckler.doc
CERTIFIED RESOLUTION
I, Donald A. Eckler, the duly elected Secretary of E kler En ineerin Inc., a corporation
organized and existing under the laws of the State of Florida, do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board of
Directors of the said corporation at a meeting held in accordance with law and the by-laws
of the said corporation.
"IT IS HEREBY RESOLVED THAT Donald A. Eckler, the duly elected President of Eckler
Engineering, Inc., be and is hereby authorized to execute and submit a Proposal to the City
of Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Proposal and other such instruments signed by him shall be
binding upon the said corporation as its own acts and deeds. The secretary shall certify
the names and signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims, demands,
expenses, loss or damage resulting from or growing out of honoring the signature of any
person so certified or for refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised,
revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME
Donald A. Eckler
TITLE
President
SIGNATURE
Given under my hand and the Seal of the said corporation this 21" day of June, 2001.
(SEAL) By: �!�*aP►C
Donald A. Eckler
President
�. Corporate Title
Page 1 of 1
EXHIBIT A
These hourly rates will be utilized through the five-year term of this contract. If there are extensions
to the contract, these rates may be modified.
PERSONNEL _-ATEGORY HOURLY RATE
Principal
$ 154.00
Engineer 8
$ 145.00
Engineer 7
$ 129.00
Engineer 6 a
$ 114.00
Engineer 5
$ 102.00
Engineer 4
$ 84.00
Engineer 3
$ 82.00
Engineer 2
$ 71.00
Engineer 1
$ 69.00
Technician 4
$ 95.00
Technician 3
$ 84.00
Technician 2
$ 64.00
Technician 1
$ 58.00
Secretary
$ 64.00
Administrative Assistant
$ 40.00
EXPENSES
Expenses will be as outlined in Section III, Fees and Payments, Paragraph A.1., page 4, with the
addition that subconsUltants will be billed at cost times 1.1.
Al "Fr '-' UL
't, "K, Up two
i�TIO
Tgt*$ cERTIPkCCjXq' 13 ISSUED AS A MATTER OF' INFOF
WE
PROOLIMIt
18urcoast Insurance PLasociates
NO RIGMS UPON THE CIEF
ONLY AND CONFERS liMFICA-trl
ONLY
HOLOM THIS CERTIFICATE DOES NOT AMEND, EMNO QFt
r) �K
!P.0, Box 22668
ALTER THE COVERAGE AFFORUM BY THE POLICIES BELOW.
Tampa, FL 3 3 6 2 2 - 2 6 6 8
COMPANIES AFFORDING COVERAGE
COMPANY
ASt. Paul Fire & __Marine.-.
Eck ler Engineering, Inc. WSUAED
Eck -le,
; L COMPANY can Manufacturers Mutual
9 W. sample Road
938, "
Coral Springs, FL 33065
COMPANY
CSecuriHartford
COMPANY
V
%4�
7 ED NAMED ABOVE FOR THE POLICY FEI%00
z TO THE INi��
THIS 1$ TO CERTIFY T?�T THE PiQLICIES Of INSURANCE LISTED BELOW KAVE BEEN ISSUW H RESPECT TO VWICH THIS
�-t� OR OTHER D`OCWENT VAT
INDICATED. NOTWITIASTANDIN43 ANY REQUIREMENT, TES OR CONDITION ��F ANY CONTRACT
MAY BE ISSUED OR MAY PMTA'N' T"& INSURANCE AFFORDED BY THE POUCIES DESCRIBED MEALN IS SUBJECT TO ALL THE TEAMS.
CERTIFICATE
EXCLUSIONS AND CONDITIONS OF 3UCH POLICIES. LIMITS $1,10" MAY HAVE BEEN REDUCED I By - F - AJD CLAMS-
NUMBER
PtLICY EFFECTIVE 'FOUCY EXPIRA"DH UM173
(N WQlyyyt
00 FOLKY
TYPE OF INSURAM09
OATS (MMIOO"
DATE
LTR
BK00760093
!11/27/00
11/27 01 Of t4 IkALAWORI!QATS is.4, —00—().., 009-
k
A j,G=E4r;9AL LIABILITY
000, q.0—
V RAL ILMS
_X 1COAMAMERCIIAL "",
42 LwURY 0 0, 0 0 0
Q VAS 6 OCCUR
a
-4 OCCUPIRENCV. 2 000000
OW, MER'$ & C-QWM&CTQKS PROT
Futt DAMAGE (X" Of$C 32 00-0
tj
ME D EXP P"OP) t10 000
AUTOMOINLIE LjAsjuv 9K001760093
7 L�'7'U'y
1/27/0011I/27/01
IIcome P-NED SiNaLE L.IMIT �sincluded
AN7YAUTO
ILY INJURY
L1. OWNED AUTOS
S0Hjv,;I.wAu1O6
(Po(ponow
i
L
X
1800ILY INJURY
NOMQVYNEDAUTOG
;
1AUTO 904Y-EA ACCVEP!7J
Al"
13APAIN LIAZILITY
GAPAIN
OTHER THAN AUTO ONLY;
ANY AUTO
A "T'l
EACHA"I E-NT S
EACH OCCUfY;jILNICE
'L
excESS LIA01.11Y
L"SU
r
IS
•—*NOVI I A C�u
I OTHER THAN
7CQ61241402
5 01/0 TATUTCRY LILA 17`4 1105/01 02 1 IS -1
vj0KKM$=MPCx3AT*N AND
EACH ACCIDENT 0 0
J—q-
eMpLoyom, LwWLITY
i —00-
I DISEME-POLICY LIMIT 3500,000
"I PKOPA4,04v X, 1Nr-L
I
±§E, I ACK EMPLOYEE $-100 000
OFFIFI,
I AER0113424
;12/02 Q0 12/02/01 $1,000,000 Eac Claim
C i
1 $2,000,000 Ann. A99-
erotessional
cisC;I'nON OF OPtFA-I1ON"QGAT10NMWCts"PECL&L ITEMS reported.
Professional Liability it claims made and
IThe Cir-y of Tamarac is listed as an additional insured with respects Co
I the General Liability Policy -
City of Tamarac
7525 Dra 88t.n Avenue
Fort Lauderdale, FL
310= ANY 00 THE ASCIVIE DIE3=15-
rXpIRATIom oAn TmKxeoF. THE ISSUIN(S cwPANY HALL ENDEAVOR TO NAIL
3() DA'rx WRITTEN NOTICE TO THE crRnr4ATX HOLDER NAWO TO THE LIT'
33321 OUT 0A,1LUF%t TONAIL 90:14 MOTI(�ES14ALLMAP=L400GUGATOC�4ortIJAGIUV
oY ANY Ktmp u" rmiK COMPANY. ITS AOLNES (5R REMA"
TATNEt
AUTH12RIZED Ftt'0t1tIFWrATIV%
'571, 7�6bR0L:CC*P -kI MN,•v)
T
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 881h Avenue, Tamarac, Florida, hereinafter referred to
as "City"
and
Williams, Hatfield and Stoner, Inc., a Florida corporation with principal offices located at 2101 N.
Andrews Avenue, Suite 300, Fort Lauderdale FL 33311, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
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 Wms. Hatfield.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status, In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will Identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement - AE services Wms. Hatfleld.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.
Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
Agreement - AE Services Wms. Hatfield.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B. METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shalt 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 Wms. Hatfield.doc
u
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 Wms. Hatfield.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with 'the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
Claims -Made forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Wms. Hatfield.doc
C. INTERRUPTION, POSTPONEMENT, ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee eamed to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation,of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instrumehts of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE services Wms. Hatfield.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 MONIYORING. 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 Wrens. Hatfleld.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 cerfified 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 Wms. Hatfleld.doc
For Consultant Anthony A. Nolan, President
Williams, Hatfield and Stoner, Inc.
2101 N. Andrews Ave., Suite 300
Fort Lauderdale, FL 33311
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for dari)ages 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
attomey'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 Wms. Hatfie!d.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 Cit pursuant to a
Resolution of the City Commission passed at a meeting held on ,
2001.
11 Agreement - AE Services Wms. Hatfield.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
FATTEST:
- By:-
- ylalfion Swenson, CIVIC
City Clerk
Appr¢ved/4 To
i
Y' _.
�Mitc ell S. Kraft City t rney
Date: G p i
ATTEST:
(Corporate Secretary
U.a1 T-5 l.� 4.4
Type/print Name of Corporate Secy.
(CaRPORATE-SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By: �2
L,joe Schreiber, Mayor
Date: -7- 1 � - d /
By:
Jeffrey L. iller, City Manager
Date:
Williams, Hatfiand Stoner, Inc.
(Authori Signature)
on A. N olan nPresident
Type/Print Name and Title
Date:
12 Agreement - AE Services Wms. Hatfield.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF %/a��
The foregoing instrument was acknowledged before me this day of
2001 by AnthonyA. Nolan President (name of officer or agent, title of
2er or agent) of Williams Hatfield and Stoner Inc. (name of corporation acknowledging), a
Florida (state or place of incorporation) corporation, on behalf of the corporation.
J.
My Comm. Expires
May 19, 2005
No. 0057,67
��cs'J •. Uf31"�G
FOF VL0`.�`�.
Signature of �ary Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
[personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ❑ Did not take an oath
13 Agreement - AE Services Wms. Hatfield.doc
CERTIFIED RESOLUTION
I, _ _ (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under
the laws of the State of _ /�54? �44 , do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)",
the duly elected FfCWU(Title of Officer) of
(Corporate Title) be and is hereby authorized to
execute and submit a Bid and Bid Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official signres of those
persons authorized to act by the foregoing resolution. 77
NAME TITLE ..
!
underGiven .... .
•.
(SEAL)
By:
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such
form need not be followed explicitly, but the Certified Resolution submitted must
clearly show to the satisfaction of the City of Tamarac that the person signing the
Bid and Bid Bond for the corporation has been properly empowered by the
corporation to do so in its behalf.
Page 1 of 1
WILLIAMS, HATFIELD & STONER, INC.
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF HOURLY RATES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1,
2001
HOURLY RATES FOR PERSONNEL
1.
Professionals
Engineers (C). Land Surveyors (L), Planners (P), CPA (C), Environrnental Scientists (S)
a. Grades 1 and 2 —
$65.00/Hr.
b. Grade 3 =
$75.00/Hr.
c. Grade 4 —
S85.00(Hr.
d. Grade 5 =
$100.00/Hr.
e. Grade 6 —
$115.00/Hr.
f. Grade 7 —
$130.00/Hr.
g. Grade 8 =
$155.00/Hr.
h. Grade 9 =
$200.00/Hr.
2.
Engineering & Surveying Technicians
a. Grade 1 —
$45.00/Hr.
b. Grade 2
$50.00/Hr.
c. Grade 3 =
$60.00/Hr.
d. Grade 4 =
$70.00/Hr,
e. Grade 5 =
$80,00/Hr.
3.
Drafters & Illustrators
a. Grade I —
S35.00/Hr.
b. Grade 2 _
$45.00/Hr,
c. Grade 3 =
$50.00/Hr.
d. Grade 4 =
$60.00/Hr,
4.
Resident Project Representatives
a. Grade I =
$50.00/Hr.
b. Grade 2
$55.00/1-Ix.
c. Grade 3 =
S65.00/1-1r.
d, Grade 4 —
$75.00/14r.
e. Grade 5 =
S90.00/Hr,
5. Field Survey Parties
a. 2-Man Party
— $1 10.00/Hr.
b. 3-Man Party _.
$125.00/Hr.
c. 4-Man Party
— $140.00/Hr.
6. Word Processing Operator
a, Grade 1
= $35.00/Hr.
b. Grade 2
— $45.00/Hr.
c. Grade 3
- $55.00/Hr.
d. Grade 4
= $65.00/Hr.
T Administrative Support
a. General Office
= $35.00/Hr.
b. Accountant land 2
S45.00/Hr.
c. Accountant 3
S55.00/Hr.
This schedule is reviewed annually.
EXHIBIT "A"
Rases&Charges-01 Page I of 2
WILLIAMS, HATFIELI) & STONER, INC. EXHIBIT "A"
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF REIMBURSABLE EXPENSES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2001
OTHER CHARGES
1. Expert Witness Services
a. "On -Call" Time at Courtroom and Testimony — $200.00/Hr.
(Min. Chg. 4 Hrs./Day)
b. Pre -Trial Consultation @ Hourly Rate
2. Transportation and Travel
a. Transportation Fares, Lodging and Subsistence a Cost Plus 10%
b. Automobile Mileage = 50.32 Per Mile
3. Reproductions
a. Black -line Prints
= $0.20/Sq. Ft.
b. Mylar Reproducibles
= $2.00/Sq. Ft.
c. Photocopies (Standard)
$0.10/Sheet/Side
d. Photocopies (I1" x 1711)
_ $0.20/Sheet/Side
e. Outside Printing Service
— Cost Plus 10%
4.
Recording and Permits Fees
— Cost Plus 10%
5.
Services of Outside Consultants
= Cost Plus 10%
(Electrical/Mechanical Engineering, Environmental Consultants
Engineering Testing Laboratories, Photogrammetry„ Title and
Abstracting Services and Other Outside Consulting Services)
6.
Special Field Supplies
— At Cost
7.
Electronic Survey Equipment
a. Modular Survey System (Total Station)
_ $10,00/Hr.
b. Global Positioning System (GPS)
$100.00/1Ir.
8.
Computer Aided Design/Drafting (CADD)
a. Computer Design Systems
= $10.00/ 1r. **
b. Computer Drafting Systems
— $20.00/Hr. **
c. Geographic Information System (GIS)
_ $25.00/Hr. **
9.
Delivery and Courier Services
— Cost Plus 10%
** Per hour of actual computer use. Charge includes in-house software library but does not include operator.
Races&Charges-01 Page 2 of 2
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this l/ 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
Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563
NW 53`d Street, Fort Lauderdale FL 33309, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287,055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement - AE Services Craven Thompson.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
1. Special Reports and Studies
2, Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement • AE Services Craven Thompson.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 conceming 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.
3 Agreement - AE Services Craven Thompson.doc
III. FEES AND PAYMENTS
A, Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. Salary Costs are defined to be actual direct hourly wages paid to
Consultant's employees, computed by taking the annual salary and dividing
by 2,080 hours per year plus applicable direct costs. This base hourly rate,
limited to the work classifications as listed in Exhibit "A", and attached
hereto, shall be used to calculate all times directly chargeable to any
authorized assignment.
Consultant's non -salary costs are defined as the costs incurred on or
directly for the project, other than the Direct Salary Costs (as previously
defined herein). Such non -salary costs shall be computed on the basis of
actual purchase price for items obtained from commercial sources and on
the basis of usual commercial charges for items provided by Consultant.
Non -salary costs shall include, but are not limited to, necessary
transportation costs, including mileage at City's current rate per mile when
Consultant's own automobiles are used outside Broward County; meals
and lodging outside Broward County; laboratory tests analyses; long
distance telephone and printing.
B, METHOD OF PAYMENT. Payment as prescribed for services rendered by
Consultant during the previous billing period shall be due and payable as of the
date of invoice, and shall be paid by City no later than the forty fifth (45th) day after
the date of invoice acceptance, unless some other mutually agreeable period of
required payment is established in authorization for a specific task.
Consultant shall submit monthly invoices to City through the appropriate or
designated project manager. The Director or designee will review the invoices to
insure all charges are allowable and reasonable before recommending payment of
the invoice by City. As a minimum requirement, each invoice shall indicate original
fee estimate, invoice date, amount of invoice, and estimated fees remaining. A
summary shall be submitted by Consultant indicating each employee's name,
employment classification and hours worked on the project for the invoice period.
Acceptance of the final payment by Consultant shall be considered full release of
all claims against City arising out of or by reason of the work done and materials
furnished under this Agreement.
IV, TIMES OF PERFORMANCE
It is understood that this Agreement is a continuing contract, and that all terms
contained herein shall remain in effect until changed by mutual agreement of the two
parties, However, no work shall be performed, and no payments shall be made, unless
specifically authorized by separate written communication from City to Consultant,
Agreement - AE Services Craven Thompson.doc
0
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 (elating 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 f6r 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 Craven Thompson.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 Craven Thompson.doc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA COPYRIGHTS DISCLOSURE,
1. Definition. The term data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Ri hts in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
Agreement - AE Services Craven Thcmpson.dcc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstance's, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-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 Craven Thompson.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
Agreement - AE Services Craven Thompson.doc
For Consultant Robert D. Cole, III, P.E.
Executive Vice President
Craven Thompson & Associates, Inc.
3563 NW 53r° Street
Fort Lauderdale, FL 33309
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's sight 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 Craven Thompson.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA, MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C' pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 Agreement - AE Services Craven Thompson doe
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST: .
By:
Maridn Swenson, CIVIC
City Clerk
Approeo fps Tp F
'KtcFtell S.7�i7o`
Date: C
( orporate Secretary
Robert D. Cole, III
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
B
Y�
J Schreiber, Mayor
Date:
Jeffrey L. Miller, City Manager
Date: 7- / 6 ^ o/
Craven Thomps & ssociates, Inc
(Authorized Signature)
Thomas M. McDonald,
R756ffi�KF-W.President
Type/Print Name and Title
Date: 6 / 18 / 01
12 Agreement - AE Services Craven Thompson.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 18 t h day of
Thomas M. McDonald,
June 2001 by Rebmi Ec x9mlee cl :Exaxidu& ice President (name of officer or
agent, title of officer or agent) of Craven Thompson & Associates Inc. (name of corporation
acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the
corporation.
Signature of Notary Public — State of Florida
d,OyPk, MART-1-1A 0101Rnt,AM0 Printed, typed/stamped name of Notary Public
COMMISSION # CC 720285 Exactly as commissioned
o EXPIRES APR 1, 2002
%OF fN � ATL0jTIBONDED wc co.. INc. 'F1 Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ® Did not take an oath
13 Agreement - AE Services Craven Thompson.doc
CRAVEN THOMPSON & ASSOCIATES, INC.
Corporate Resolution
The Board of Craven Thompson & Associates, Inc. does hereby state that either of the
following people are authorized to execute contracts on behalf of Craven Thompson & Associates,
Inc. and that only one (1) signature is required:
Thomas M. McDonald, President
Or
Robert D. Cole, III, Executive Vice President/Secretary
WHEREFORE, the undersigned has executed thisolution on this the 27`h day of
February, 2001.
THOMAS M. McDONALD, President
Z4040;���
OBERT D. COLE, III, Executiv resident/Secretary
STATE OF FLORIDA
COUNTY OF BROWARD
Sworn to and subscribed to before me this 27`h day of February, 2001, by Thomas M.
McDona d and Robert D. Cole, III, both personally known to me or who have produced
NIA as identification.
PAT D. JOYCE
Nota ublic, State of Florida
Patricia D. Joyc--
C.azrx:issfon # CC 720329
I March 23 2002
At,= BOD& Ca, Ix
EXHIBIT "A"
SALARY COSTS
Jun-01 ••
City of Tamarac
CONSULTANT:Craven Thompson & Associates, Inc.
OES EMPLOYEE CATEGORY
Hourly Rate
SENIOR COMPANY OFFICER
$155.00
PROJECT MANAGER
$135.00
QUALITY ASSURANCE PERSON
$115.00
SENIOR ENGINEER(2)
$100.00
ENGINEER(2)
$90.00
SENIOR DESIGNER/TECH. (2)
$72.00
DESIGNERITECH.
$58.00
SENIOR DRAFTER(2)
$62.00
DRAFTER
$47.00
SECRETARY
$47.00
REGISTERED LAND SURVEYOR
$100.00
3-PERSON SURVEY CREW
$95.00
2-PERSON SURVEY CREW
$83.00
SENIOR RESIDENT REP.
$70.00
RESIDENT REPRESENTATIVE
$60.00
(2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHITECT
Al TAMEXA.61.5_XLS
EXHIBIT " B"
SCHEDULE OF EXPENSES AND OTHER CHARGES
1. Travel and Subsistence
a. Out-of-town Transportation, Lodging and Subsistence = in Accordance with
b. Automobile Mileage = F.S. 112.061
2. Reproduction and Reprographics
a. Blueline Prints = $0.21/Sq. Ft.*
b. Vellum and Sepia = $.50/Sq. Ft.*
c. Mylar Reproducible = $2.00/Sq. Ft.*
d. Outside Printing = At Cost plus 101/a
e. Xerox (Standard) Copies = $0.10/Sheet
3. Recording and Permits Fees = At Cost plus 10%
4. Services of Outside Consultant's = At Cost plus 10%
5. Special Survey Field Supplies = At Cost plus 100/b
6. Delivery and Courier Services = At Cost plus 10%
* Based on 2-foot width times length of stock used.
CITY OF TAMARAC
Task Order Authorization No. 03-IOE
Engineering Services for
Tamarac East Water Main Improvements
(Tamarac Lakes North and the Boulevards)
DATE: Jule 28.2003
BACKGROUND
Exhibit 2
Temp. Reso. #10211
This Task Order Authorization is for the performance of engineering design, permitting and
bidding services by Mathews Consulting, Inc (Consultant) pursuant to the Continuing
Enginccring Services Agreement between Mathews Consulting, Inc. and the City of Tamarac
(City), hcralfter referred to as the Agreement. The work is for water systern improvements and
sanital,' sewer and lateral point repairs in the Tamarac East Utilities Area described herein.
DESCRIPTION OF WORK
The Neater main improvements (refer to Attachment A) are as folloNys:
Design an 8-1[lch water I.lain (approx. 1,500 ft.) on 54th Street (between 27th Avenue and 24th
AN enue). including 3 fire liN drants.
• Design all 8-inch water main (approx. 350 ft.) on 2fih Avenue (between �4th Street and
Prospect Road). including 1 fire hydrant.
• Design an 8-inch water main (approx. 225 ft.) on 55th Street (between 20' Avenue and 23"�
Terrace). including 1 fire hydrant.
• Design an 8-inch water main (approx. 300 ft.) on 23"' Avenue (between 54`l` Street and
Prospect Road). including 1 fire hydrant.
• Design 10 water services off the existing 6-inch water main on NW 5 3`1 Street (between NW
28t�, Ayell llf', and NW 27 h Ayellue).
• Design an 8-inch water main (approx. 6( f�.) on NW 52°`1 Place (between NW 281h Avenue
and NW 27i1' Avenue), including approximately 19 water services and 1 fire hydrant.
• Design an 8-inch water main (approx. 600 ft.) on NW 52"" Court (between NW 28t1i Avenue
and NW 27`' Avenue), including approximately 19 water services and I fire hydrant.
• Design all 8-inch. water main (approx. 360 ft.) on NW 52'd Court cul-de-sac (from NW 28th
Avenue to 300 ftfrom last house), including 1 fire hydrant.
• Design an 8-inch water main (approx. 600 ft.) on. NW 52"' Street (between NW 28`h Avenue
and NW 27t1i Avenue), including approximately 19 water services and 1 fire hydrant.
• Design an 8-Inch water plain (approx. 600 ft.) on NW 51st Place (between NW 29"' Avenue
and NW 27th Avenue), including approximately 17 water services.
♦ Design an 8-inch water main (approx. 200 ft.) on NW 5 1 " Place (between dead-end and NW
28`h Avenue), including 7 water services and 1 two-inch blow off.
• Design an 8-inch water plain (approx. 300 ft.) on NW 51" Place cul-de-sac (from NW 27 h
Avenue to 300 ft. from last house), including I fire hydrant.
07/29/03
• Design an 8-inch water main (appro.. 320 ft.) on NW 26`h Terrace (between Prospect Road
and N W 27`' Avenue). including 3 water services.
• Design =1 water services oft the existing water main on. NW 27`h Avenue (from NW 52"'
Court to Prospect Road).
• Pavement trench repair Nvith total pavement overlay in all areas of work.
• Abandonincrit of existing 4-inch water mains in back of properties for the above roads.
The sanitary sewer improvements (refer to Attachment B) are as follows:
• Line Segment 073-073A -- Point repair (lateral)
• Line Segment 073-073A
- Point repair (lateral)
• Line Segmcnt 088-083 -
Point repair (lateral)
• Dine Segment 089-088 -
Point repair (lateral)
• Dine Segment 089-088 -
Point repair (lateral)
• Line Segment 092-091 -
Point repair (lateral)
• Line Segment 09 3-092 --
Point repair (lateral)
• Line Segment 096-090 -
Point repair (lateral)
• Linc Scgment 099-098 -
Point repair (lateral)
• Linc Segment 107-106
Point repair (main line)
• Line Segment 108-107 -
Point repair (lateral)
• Line Segment 1 1-4-112
Point repair (lateral)
• Line Segment 172-121 -
Point repair (main line)
• Line Segment 129-128 -
Point repair (lateral)
• Line Segment 134A-133
- Point repair (main line)
SCOPE OF WORK
The sen ices 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 b} the Consultant:
Task No. I - Data Collection
Subtask 1.1 Utility Coordination
Coordination with utility agencies (Electric. Telephone, Gas. and Cable TV) shall be performed
to collect record information. This Subtask includes reconciling apparent discrepancies between
record information and existing photographic and field -verification information.
Subtask 1.2 - Survey Verification
Consultant shall furnish the services of a professional surveyor to provide survey services
consisting of field topography and horizontal locations referenced by baseline stationing for the
water main design only. All existing facilities and utilities within the full right-of-way of the
established construction limits will be referenced by the baseline station with an offset distance
(left or right) from the baseline for the project and will include the following:
07/23/03 2
A. Topography survey at 100-foot intervals and at major ground elevation changes to depict
existing ground profile at proposed project area. This shall be accomplished by creating
a baseline in the field to collect pertinent data which shall include the following:
a. Location of all visible fixed improvements within the right-of-way (including 6-
ft. back on each side of the right-of-way) of the project limits, including
physical objects, roadway pavement, driveways, sidewalks curb, trees, signs,
fences, power poles, buildings, and other encumbrances.. including point of
curvature and point of tangency.
b. Location of all known above and below ground existing utilities: Electric,
Telephone_ Cable TV, Natural Gas, Potable Water (pipe diameter. TOP, valves,
fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves),
Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations,
laterals. and clean -outs), Storm Sewers (pipe diameter, manhole inverts and
direction_ catch basins, and rim/grate elevations), and all other accessible
structures.
This will include coordination with Sunshine, and the City of Tamarac.
c. Identify platted rights -of -way (including bearing and distances for centerline), lot
numbers. house address, ownership lines (per property tax information provided
by City), block numbers and dedicated easements.
d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline
grades. edge of pavement grades and shoulder grades. low points and all right-of-
wav lines. Intermediate grades shall be indicated at all grade breaks.. driveways
and sidewalks.
e. Proti ide and reference benchmarks at maximum 600-foot intervals. Elevations
to be referenced to an existing established City or Count, Benchmark.
B. The above topographical survey data will be prepared in AutoC.AD (Version 2000)
format at a scale of 1 "=20'. The CAD drawing shall also include:
■ Location of soil borings.
■ Location of utility pot -holing.
Subtask 13— Field Verification
MC: shall furnish the services of a professional underground services company to locate buried
utilities at key points and utility crossings by "soft dig" methods, and to determine the
approximate location of sewer laterals that may be in the path of the proposed water mains by use
of ground penetrating radar. Key lateral crossings may also be verified by ''sots. dig" methods at
critical locations. The cost of providing the professional underground services company will be
treated as a utility location allowance with an authorized upper limit.
07/23/03 3
Subtask 1.4 — Soil Borings
MC shall furnish the services of a gcotechnical firm to perform a gcotechnical evaluation of the
project area, and have five soil borings done for soil strata identification and to determine the
ground water level as part of the project.
Task No. 2 — Final Design
Final design shall consist of preparation of Contract Specifications. Contract Drawings
(plan/profile). and Final Construction Cost Opinion.
Subtask 2.1 A — Construction Documents for Water Main Design
Preparation of construction documents shall include contract drawings and technical
specifications. Contract dra«ings shall include: cover sheet, general notes, plan/profile drawings,
and miscellaneous detail sheets. The drawing scale shall be 1-inch equals 20 feet for pipeline
plan and 1-inch equals 2 feet for pipeline profile. Consultant shall prepare the engineering design
elements on topographic survey information in an AutoCAD release 2000 format. Contract
documents shall include: "front-end" documents and technical specifications and shall conform to
the Cite of Tamarac Standard Details and Specifications.
Drawings and specifications (four copies) shall be submitted for City review at 60%, 909/0 and
100"4, stages. Consultant shall meet -,with the City to discuss comments. and incorporate
comments into final documents. Consultant shall furnish with the 1000/o design drawings, one set
of AutoCAD Version 2000 files in electronic format on CD.
Subtask 2.1 B -- Construction Documents for Sanitary Sewer Repairs
Preparation of construction documents shall include contract drawings and technical
spccifications. Contract draN%Irigs shall include one (1) map of City's existing sewer system in
the project area with locations of point repairs identified, and miscellaneous detail sheets. The
drawings and specifications will be included in the design packages in Subtask 2. IA above.
Subtask 2.2 — Construction Cost Opinion
Preparation of construction cost opinion at 60`%, 90`%_ and 100`% design stages. The construction
cost opinion shall reflect changes in general scope. extent or character of design requirements
incorporated during the various design review stages.
Subtask 2.3 — Design Meetings
Consultant shall attend and distribute minutes for kick-off meeting and three design review
meetings.
07/23/03 4
TASKS
1, Construction Document
Production
2, Bidding Ser-\ ices
3, PcrmittinSeniccs
4. C.onstriction Scr%ices
Task No. 3 - Permittin
DELIVERABLES
DELIVERABLES f
QUANTITY
60% Drawings & Specs
4 - Sets (22" x 34")
900/> Drawings & Specs
4 - Sets (22" x 34")
Cost Estimate @,1 60%,, 90% and 100%
4 - Sets
100% DrawingsA, S ec� �
4 - Sets (22" x 34")
Bidding Sets
20- Sets (22" x 34")
Addenda if retired
As required
Permit Applications
4 - Sets
Complimentary Sets (City, Bid Exch.)
6 - Sets (22" x 34")
Construction Sets
8 - Sets (22'' x 34")
Consultant shall prepare and sign/scal permit application forms for Broward County Health
Department and submit the required documentation for the permit and address agency comments
or concerns. Associated permit application fees shall be determined by Consultant and paid by
City.
Task No. 4 - Bidding Services
Cite will be responsible for advertising the project and the sale and distribution of plans and
specifications. Consultant shall provide Bidding Services to support the CAN, as follows:
1. Compile a set of bid documents for reproduction using the project plans, technical
specifications and the City front-end documents. Provide up to twenty (20) sets of
bid documents for distribution by the City to potential bidders.
2. Attend pre -bid meeting and distribute tlleeting minutes to bidders.
3. Respond to «ritten questions by potential bidders and if needed, assist the City in
issuing addenda
4. RevicNN bids and recommend a��ard of contract. Prepare bid tabulation for submittal
to the City.
Task No. 5 - Construction Administration
Subtask 5.1 - Preconstruction Conference
Consultant shall attend a preconstruction conference with representatives of City and Contractor
for the construction contract. Consultant shall prepare, in writing, minutes of conference.
Subtask 5.2 -- Submittal Review
Consultant shall review and process shop drawings, samples, schedules, certifications and any
other data which the construction contractor is required to submit. The review will be for
conformance with the design concept and compliance with the construction contract documents.
07/23/03 5
Consultant will submit reviewed shop drawings/submittals to City for their records. Consultant
shall also review monthly pay requests.
Subtask 5.3 — Monthly Construction Meetings
Consultant shall attend monthly construction progress (4) meetings to be held at all acceptable
location and provide a written summary of the issues discussed.
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
Cite in "citing of the magnitude of the required adjustments. Changes in completion schedule or
compensation to Consultant Nyill be negotiated with City.
Constriction Inspection services and Project Certification (e.g. record drawings, Broward
County Health Dept, water main release, etc.) is not included in this Task Order
Authorization. If requested by the City, they will be provided under a subsequent Task
Order Authorization.
2 Total Roadway Reconstruction is not included in this Task Order.
Cite will provide Consultant record drawings of all utilities in the project area that shall
serve as the basis of design in this project.
4. City personnel will assist in limited field verification of affected existing Cite facilities.
�. Consultant can assume that all existing and proposed water main alignment is within City
of Tamarac rights -of -way. Water meters will be replaced in property oNvner's front yards
( ft. off edge of pavement).
6. City will provide front-end documents and required City technical specifications on
computer disk (latest edition of WORD).
7. City will be responsible for any acquisition of easements (including temporary).
Consultant shall provide legal description and sketches of casements required, including
temporarr\ construction casements of property required for facilities.
8. Cite shall provide Consultant locations of sanitary sewer point repair locations based on
TV inspection reports.
07/23/03
6
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. The duration of
major work tasks are summarized below and detailed in Attachment A.
Tasks
Task l — Data Collection
Task 2 — Final Design
Task 3 - Permitting
Task 4 — Bidding
Task 5 — Construction Administration
"' Estimated, based upon USUal, regulatory agency review period.
SUMMARY OF PROPOSED FEES:
Approx. Duration from NTP
45 days
75 days
45 days"'
60 days
120 days
Costs associated with this Consultant Service Authorization are provided below and detailed in
Attachment B.
Tasks
Task 1 — Data Collection
Task 2 -- Final Design
Task 3 — Pentiitting
Task 4 — Bidding
Task 5 — Construction Administration
Reimbursable Expenses
Subtotal
Utility Location Allowance
Total Authorized Amount
Cost
$ 23,500.00
$ 26,660.00
$ 1,230,00
$ 2.895.00
S 6,460,00
$ 1,500.00
$ 62,245.00
$ 5.000.00
$ 67,245.00 (Not -to -Exceed)
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.
07/23/03
7
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARA.C, 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: MATHEWS CONS UttTING, INC.
J �
BY:
Jeffrey L: Mil er, City Manager Rene L.. M thews, President
I
'1 Date: "G Date:
By: f
Joe Schreiber, Mayor
Date: ? ?
ATTEST
f ,
Marion Swenson, CMC, City Clerk
Approved as to form and legal
su,U iciericy-:
Mitchell S. Kraft, City,Attorney
and
Bv:
David L. Mathews, Vice P,
Date:
ATTEST:
Signature of Corporal
lit
David L. IVtathews _
Type name or Corporate Secrciary ^
(CORPORATE SEAL)
07/23/03 9
Q
�
C
O
is C�
Q
�` -
O
U
c
o
ca
a
N
CL
a
-
z
L
.a
LL
F
U
7
O
Z
M
d
4
N
U
O
Q
d
'O
L
m
ra
U
�'
o
Q
p
v
G
O
C
a
g,
N' �
(Qj ❑ �
c
m
LL "r
E
C L
ii
'O
N
C
O
Z o ii a
m
c)
w'�aw
Ill
m
�
! O
d
O
O
yQj
Q
ICI
p
O' li
1p'
IDI
',p
Ln
LO
CD
Lr,
O
pNa
�
O OM
p
M
o0
M°O
CD
/oD
rn
w'.'�I
'.N
cp fDV IV'N M'
w, w!w
NI
Ili
U
I
N
�
d
N Ln f
Lr)
1(3
i
OD I(O� N'R
'I
7'.
�
Y
ICI
C
ICI
I
I
- O
O
O
s w
v
I
I
ald
OO'O.N
«'
IiO'
V�
Q
_ N'
co
��
II
�
U
U U
N
I
d O
7-17
a
co
li
o
0 p
c
w
I I
I
U
a
a-G NO
I I I
OI I'. Un uD co MI,N VI
N N N
I
III CV
I
ld' Cl 'd'.
I
'�� �'
o
O
�!�
(°
.
1
WCD
U
�I
�a a
a a O
U - _.
V M�I
I'I
d
n' �, 4nilfi 1ll,N.(p c(]
�
QI
Q
IN i
IN
'M.
IO . d m
4�
� QjIP]�
, O_
I�'� Imo'
...
IiO �I�I�INi
O _ ..
4'/ «
Cl!
n
d
w
N
ro I I
i
N
ro
ro
!ro
I
ro
r
I
!
O
O
I
L U- N C
7 C C a
I
I!.
III
1.O
a
I
I I Ii
(n o O
I
N.
U7
2.
II
I
!
roro� I
I
o�
I
I
'I
u
I
I
I
c
mI
I31I
a o.iml
�I
iA
r!
d
C
j
I
!
Cry
a.
O
-.I
4� 9Y, GI pl
3 31 mL
-a
n
a—
mv��Ea
CC)l
�
I Fro` !
; roy�9
uj
uj(7Om�.
Q p
y
l,w�
wo�mw7o
YC
-m�a
.—c7iCaqn
8II
.
u
i' ,•�7-
hJJQQo
IZ
oT2ro�a oTL�ro`
_
V1olg
.-�co°.
= J
L
'arUm
..acroU�a
i
7
Il
Wc ,.
ol�'
rUrU
.aaA`Cdy
U
�dm.`o.
I l —cC
:oyo°
OO N �,m
0177
.
�mmDc
�
a
hp
II
Q0
raWa
N
l•C°n
�
` Na7
aaS
Irr�a
'
0E2
O O OImn
d o
2 roClC
m
I
n v
'wvCcaai�
l
UL (nc)
,.a"acd"n
Z
r N f7 V
III
cm NIM
N 2
M
N L6
NN
li
N N N N
1