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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-088Temp. Reso. # 10101 April 4, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. 03-05E WITH TETRA TECH-WHS (WILLIAMS, HATFIELD AND STONER, INC.), TO PROVIDE A VULNERABILITY ASSESSMENT FOR THE CITY'S WATER SYSTEM, IN ACCORDANCE WITH THE CITY'S CONSULTING ENGINEERING AGREEMENT AS AUTHORIZED BY RESOLUTION #R-2001-185, AND IN COMPLIANCE WITH THE PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS AND RESPONSE ACT OF 2002, FOR A LUMP SUM AMOUNT OF $49,930.00; APPROVING FUNDING FROM THE APPROPRIATE BUDGETED UTILITIES OPERATIONAL ACCOUNT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains the water supply, treatment, and distribution systems; and WHEREAS, the Nation is experiencing a heightened threat of Bioterrorism and potential use of Weapons of Mass Destruction; and and 1 WHEREAS, the security of water systems has been identified as a national priority; Temp. Reso. # 10101 April 4, 2003 2 WHEREAS, the President of the United States signed the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act); and WHEREAS, the Bioterrorism Act amends the Safe Drinking Water Act (SDWA) to require that Community Water Systems conduct Vulnerability Assessments, certify and submit the completed Vulnerability Assessment to the United States Environmental Protection Agency; and WHEREAS, the Bioterrorism Act requires that Community Water Systems that serve 50,000 to 99,999 people must submit the Vulnerability Assessment and certification by December 31, 2003; and WHEREAS, the City requires the service of a consulting firm knowledgeable in this area and capable of providing professional recommendations to ensure the security of the water system; and WHEREAS, Tetra Tech-WHS (Williams, Hatfield and Stoner, Inc.) possesses the required knowledge and experience to provide the professional engineering services associated with the Bioterrorism Act; and WHEREAS, Tetra Tech-WHS (Williams Hatfield and Stoner, 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. 03-05E from Tetra Tech-WHS (Williams, Hatfield and Stoner, Inc.) be approved, executed and funded; and Temp. Reso. # 10101 April 4, 2003 3 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. 03-05E (a copy of which is attached hereto as "Exhibit 2") with Tetra Tech-WHS (Williams, Hatfield and Stoner, Inc.) to provide Engineering Services for the Water System Vulnerability Assessment for a proposed lump sum amount of $49,930.00 and to provide funding from the appropriate budgeted Utilities Operational account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 03-05E with Tetra Tech-WHS (Williams, Hatfield and Stoner, Inc.) to provide engineering services for the Water System Vulnerability Assessment, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2001-185 on July 11, 2001, for a proposed lump sum amount of $49,930.00. SECTION 3: The $49,930.00 is approved to be funded from the appropriate budgeted Utilities Operational accounts. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders not to exceed $10,000 per Section 6-156 (b) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. Temp. Reso. # 10101 April 4, 2003 4 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23rd day of April, 2003. ATTEST: MARION SWILNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MIT044ELL S. CITY ATTO REG:aml JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER C DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 1 Exhibit 1 Temp. Reso. #10101 CITY OF TAMARAC CONTINUING ENGINEERING SERVICES AGREEMENT This Agreement, made and entered into and effective this_ day of 2001 by and between: City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida, with principal offices located at 7525 NW 88'h 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 OE ©EVELOPMENT PLANS. When requested by the City, Consultant shall review and comment to City on those developmental plans submitted to City which City determines will require either more Engineering expertise or more time than available to City's own Engineering staff. C. OTHER SERVICES. Upon determination by City that it is in need of Engineering services of one of the types listed below, it may issue a separate written authorization to Consultant to perform said services. The types of service contemplated are: 1. Special Reports and Studies 2. Assistance in securing, monitoring and complying with County, State, or Federal Grants and Permits. 3. Engineering design, including preparing construction documents during bidding and award of contract, preparing a tabulation of the bids received, and providing a written recommendation for contract awards. Agreement - AE Services Wms. Hatfield.doc 4. Surveying property plats and descriptions. 5. Assistance with CADD. 6. Engineering services related to construction contracts, including but not necessarily limited to: review of shop drawings, consultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or periodic or full time inspections, preparing -construction change orders, approval of contractor's periodic pay- request, final inspection, issuing completion certificate, and such other services as may be identified in the task authorization. 7. Other Engineering services City wishes Consultant to complete will be defined in a written authorization. Each such written authorization shall clearly define the services to be provided and shall be attached to this Agreement as an Addendum. Each Addendum shall be numbered in sequence and correlated with City's Capital Improvement Project Number and title, if applicable, date approved by City Commission, if required, and signed by City's and Consultant's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. 8. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and/or signature by authorized representatives to City shall constitute authorization to proceed by the Consultant for services defined by that authorization. II. CITY FURNISHED ITEMS A. City shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instructions to Consultant concerning this Agreement. In the absence of specific designations, Consultant may assume that the City Manager or designee shall be so authorized and Agreement shall constitute the required written designation. B. City shall assist Consultant in obtaining all background information necessary for the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. C. City shall pay for all costs of publishing advertisements for bids; for obtaining permits and licenses that may be required by local, State or Federal authorities; and/or to secure the necessary land, easements, and rights -of -way. In order to expedite processing of an application for a permit or license, City may, in some instances, direct Consultant to act for City in paying a required fee. In such instances, City subsequently shall reimburse Consultant for any such fees. 3 Agreement - AE Services Wms. Hatfield.doc Ill. FEES AND PAYMENTS A. Each written proposal from Consultant for an individual task as required in Article 1 "Scope of Services" shall include specific information as to the type and magnitude of fees to be paid for that task. The type of fee contemplated is: Direct Hourly plus Direct Salary Costs and Reimbursement for Non -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 Wms. Hatfield.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 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. Agreement - AE Services Wms. Hatfiield.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 Wms. Hstfield.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 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 Wms. Hatfleld.dvc 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 casts 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 Wms. Hatfield.doc For Consultant Anthony A. Nolan, President Williams, Hatfield and Stoner, Inc. 2101 N. Andrews Ave., Suite 300 Fort Lauderdale, FL 33311 S. TERMINATION OF AGREEMENT. City or Consultant may terminate this Agreement by giving 30 days prior written notice to the other party. In such event, City shall forthwith pay Consultant in full for all work previously authorized and performed prior to the date upon which written notice of termination has been sent. Consultant's right of termination shall not be construed to preclude any action by City for damages against Consultant should Consultant not fully perform Consultant's responsibilities and duties pursuant to this Agreement. In no case shall City be liable for damages to Consultant as a result of City's termination of this Agreement, in an amount in excess of actual costs incurred by Consultant in performing work previously authorized and fully performed prior to the date on which notice of termination is sent by City. T. NON-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 ail 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. Hatfield.dac 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 inforion, 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 4�2; uant 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. P,TTEST: By: - `�1 ifion Swenson, CIVIC City Clerk To LMitctfell S. Kraft City ney Date. L ATTEST: (Corporate Secretary 1D,M.1 1i) - 4.1 Type/Print Name of Corporate Secy. ((5DRPORATE-SEAL) CITY OF TAMARAC a Florida Municipal Corporation By: e Schreiber, Mayor Date: / By: Jeffrey L. iller, City Manager Date: '7-1 (z,-0 Williams, Hatfi and Stoner, Inc. (Authori ignature) on A. Nolan President Type/Print Name and Title Date: 4• ZZ• e � 12 Agreement - AE Services Wms. Hatfield.doc CORPORATE ACKNOWLEDGEMENT STATE OF.-,aje&a, The foregoing instrument was acknowledged before me this _de� day of 2001 by Anthony A. Nolan, President (name of officer or agent, title of o er or agent) of Williams Hatfield and Stoner Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. J. s�0 ., ., Y, Aq), % . , Signature of Vary Public — State of Florida _ • My Corrm. FxpIres May 19. 2CA5typed/stamped •= = 9. Printed, name of Notary Public Iq0>-L1057,s7 Exactly as commissioned '%'9T•'''' ��.�` FV Q ersonally known by me, or .""OF F %%%% ,,,,►►t►►►� ❑ Produced identification: (Type of identification produced) ❑ Did take an oath, or ❑ Did not take an oath 13 Agreement - AE Services Wms. Hatfietd.doc CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of 10�AelID1 , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of _(Corporate Title) be and is hereby authorized to execute and submit a Bid and Bid Band, 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. A I further certify that the following are the name, titles and official signres of those persons authorized to act by the foregoing resolution.- �r NAME TITLE TUBE Given under my hand and the Seal of the said corpora ion this _Zz day of 0• (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. 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 hate 2. Transportation and Travel a. Transportation Fares, Lodging and Subsistence Cost Plus 10% b. Automobile Mileage = $0.32 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 0 V x 17") — $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) _ $10.00/1-ir. b. Global Positioning System (GPS) $100.00/Hr. 8. Computer Aided Design/Drafting (CARD) a. Computer Design Systems — $10.00lNr. ** b. Computer Drafting Systems $20.00dir. ** c. Geographic Information System (G1S) _ $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. WILLIAMS, HATFIELD & STONER, INC. EXHIBIT "A" Consulting Engineers • Planners • Surveyors Environmental Scientists SCHEDULE OF HOURLY RATES FIVE -'SEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 2o01 HOURLY RATES FOR PERSONNEL 1. Professionals Engineers (E). Land Surveyors (L), Planners (P), CPA (C). Environff=M1 Scientists (S) a. Grades 1 and 2 $65.00/1-Ir. b. Grade 3 - $75.00/Hr. c. Grade 4 - $85.00/Hr. d. Grade 5 - $100 00/Hr e. Grade 6 M $115.00alr. 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 b, Grade 2 $45.00/Hr. = c. Grade 3 $50.00/1ir. = d. Grade 4 • $60.00/Hr. _ e. Grade 5 $70.00/Hr. $80,00/Hr. 3. Drafters & Illustrators a. Grade 1 = $35.00/Hr. b. Grade 2 $45.00/Hr. c. Grade 3 = S50.00/Hr. d. Grade 4 - $60.00/Hr. 4. Resident Project Representatives a. Grade 1 - $50.00/Hr. b. Grade 2 $55.00/Hr. c. Grade 3 - $65.00/Hr. d. Grade 4 = $75.00/Hr. e. Grade 5 = $90.00/Hr. 5. Field Survey Parties a. 2-Man Party - $110.00/Hr. b. 3-Man Party _. _ $125.00aft. c. 4-Man Party - $140.00/Hr. 6. Word Processing Operator a. Grade l b. Grade 2 c. Grade 3 d. Grade 4 7. Administrative Support a. General Office b. Accountant 1 and 2 c. Accountant 3 This schedule is reviewed annually. - $35.00/Hr. $45.00/Hr. S55.00/Hr. $65.00/Hr. $35.00/Hr. - $45.00/Hr. $ 55.00/Hr. Races&Charges-0I Pa¢e I of 7 Exhibit 2 Temp. Reso. #10101 CITY OF TAMARAC TASK ORDER WORK AUTHORIZATION NO.03-05E ENGINEERING SERVICES WATER SYSTEM VULNERABILITY ASSESSMENT DATE: March 20, 2003 BACKGROUND This work authorization is for the performance of engineering services by Tetra Tech-WHS (Tt WHS) pursuant to the Continuing Engineering Services Agreement, here after referred to as the Agreement, between Tetra Tech-WHS and the City of Tamarac. The task is to work with the City to prepare the EPA Mandated Water System Vulnerability Assessment (VA) as described below: I. Description of Work The Environmental Protection Agency (EPA) has mandated that water systems serving greater than 3,300 customers conduct security assessments in accordance with the procedures developed by EPA and Sandia Laboratories, Inc. For water systems serving 50,000 to 100,000 customers (Phase II), the deadline is December 31, 2003 for the Vulnerability Assessment (VA). The City of Tamarac's water system is included in Phase H and is required to submit the VA document by the regulatory deadline. Tt WHS has the local expertise and required certifications in RAM-W protocols to perform the VA. In addition to the Tt WHS local expertise, Tetra Tech (Tt) has national and international experience in a wide range of security assessments including military bases, port/airport facilities, water systems and national parks (Mt. Rushmore). II. Scope of Work- Vulnerability Assessment The tasks defined below are ordered to best fit into the process flow of the Sandia protocols. The following describes the Tetra Tech WHS (Tt WHS) scope of services for each VA task: Task 1: Determine the City's Objectives, Identify Key Facilities. The Tt WHS project manager and key staff will spend at least two days on site with key City staff. The purpose of the meetings will be to introduce the Tt WHS Team to the City of Tamarac staff, establish relationships between the Tt WHS staff and City staff, and determine the key objectives for the project. The Team will establish key mission objectives and criteria. Key schedules (with expected milestones), core Team members, and responsibilities will be identified. Current ERPs will be reviewed, if available. The Team will then develop a process diagram of the system to include the City's treatment plant, pump nodes, distribution systems, and collection systems in order to identify and rank key elements of the system in accordance with the Sandia protocols. This effort will also serve as the roadmap to the site visits. TASK ORDER WORK AUTHORIZATION NO.03-05E Page Two Task 2: Threat Assessment. During this step, the design basis threats will be developed and evaluated for credibility. Ideally, the Team will include personnel from the local law enforcement agencies, including the City's Police Department and Broward County Sheriff's Department, to provide local intelligence. An insider, outsider, and maximum credible threat will be evaluated and the likelihood of the threat from each group will be determined. The Tt Team will guide the City through this effort and provide credible scenarios based on the site visits and understanding of the system. The question of credibility must be established and agreed upon by the City's core team. The cyber threat will also be developed. This is an important step because it drives many aspects of the Sandia methodology and the ultimate outcome of the assessment, security counters, and cost to implement. This step will be kept strictly confidential. Task 3: Site Characterization. Tt security specialists will personally visit and evaluate the physical security of each of the key system nodes or representative nodes. City personnel will be interviewed on the operation of the facilities, evaluate the facility, infrastructure, and perimeter security, and collect data for the RAM-WsM water system data collection worksheets. A review of the SCADA function and importance will be established. This evaluation will also examine the automation and network security of both non -control computer networks and SCADA systems. The Sandia methodology will be applied to the SCADA system if applicable and appropriate. Tasks 4: Physical Protection System Effectiveness Evaluation. In this step, the threat will be applied to the critical assets or nodes identified in Task 1. Any in -place physical protection for each asset will be evaluated in one of several approaches, either computer -based or conceptual, as determined by the Team. The probability of the effectiveness of these systems will give the Team a better understanding of the existing baseline system and what current security credits can be applied. This task also includes a comprehensive evaluation of the existing and proposed security system. This task will also include a comprehensive evaluation of the cyber security posture of the City's network. Task 5: Consequence Assessment. In the consequence assessment, the information in Tasks 1-4 will be utilized to determine the consequences from the threat assessments as applied to the City's water system and existing security systems. This step will describe the whole system from the raw water sources to the tap. Each will use site -specific fault trees for key facilities or nodes, which will be used as inputs to consequence tables. The subjective ranking tables will allow the Team to evaluate the risks for each key node. Credit will be applied for existing security, if any. The consequences of a loss or impairment of a key node will be ranked and documented. Task 6: Risk Analysis. The Team will review the level of relative risk to critical assets and the level of risk acceptable to the City will be discussed. Critical assets will then be reprioritized based on the relative risk of a malevolent or undesirable event. The results of this effort will constitute the key targets of the risk reduction efforts. Various security upgrades will be conceptually tested in the algorithm to provide insight to the benefits to the system. TASK ORDER WORK AUTHORIZATION NO.03-05E Page Three Task 7: Upgrade Recommendations. General recommendations will be provided for security upgrades, other consequence mitigation, and specific site security considerations for present or improved security measures. The asset protection must be tied to the Team's mutually derived mission, which must be preserved. Using Tt WHS local utility construction experience, Tt security system design experience and the analysis of the City's water system and selected threat scenarios, the costs associated with the security system upgrades and recommendations will be determined. The overall recommendations are presented in a separate document as a technical design memorandum so that security sensitive details are not jeopardized. Task 8: Prepare the Vulnerability Assessment Report. The final report will document the major findings of the effort, including the system's vulnerabilities and a prioritized plan for security upgrades, modifications of operational procedures, and/or policy changes to mitigate risks to critical assets. For the report, a formal risk analysis will be performed and risk reduction measures will be applied to the vulnerabilities discovered during the field work, team interactions, and interviews that are deemed to affect critical City functions. These findings will then be presented in the formal Vulnerability Analysis (VA) Report. The VA Report will be organized to follow the RAM-WsM protocols. The scope is based upon constant interaction between the City and Tt WHS during the preparation of the report. Tt WHS will then prepare a draft of the report for the City of Tamarac review, incorporate review comments, and publish the final report. Tt WHS will hold two workshops with City staff to discuss the findings and recommendations of the VA. III. Schedule Exhibit "A" (attached) details the schedule for the completion of work, including City staff review, project milestones and project phases. After the notice to proceed is received, the schedule includes a coordination period of several weeks to refine schedules and scope, obtain data, and prepare for the assessment effort. Following a time period to retrieve additional details on the water system, the second on -site visit will complete the vulnerability workshops and site visits leading to refinement of the assessment documentation and report. IV. Compensation and Fees Compensation, fees and payments shall be as per Section III of the Agreement. The work will be performed on a lump sum basis outlined in Exhibit "B" (attached). The lump sum item will appear as an estimated percent complete on a monthly billing. The lump sum cost for the VA is $49,930.00. TASK ORDER WORK AUTHORIZATION NO.03-05E Page Four IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. City of Tamarac By: ,.;v—e .... . .. — Joe Schreiber, Mayor Date: / /f - /_ Jeffrey iller, City Manager Date: fit ( 7-1 a o o 3 ATTEST: Marion Swenson, City Clerk Approved as to form and legal sufficiency: 34 (Mitch S. Kraft, City o d/b/a Williams, Hatfield & Stoner, Inc. 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