HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-091Temp. Reso. # 10102
April 4, 2003 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-_�/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TASK
AUTHORIZATION NO. 03-06E WITH TETRA TECH-WHS
(WILLIAMS, HATFIELD AND STONER, INC.), TO PROVIDE
AN EMERGENCY RESPONSE PLAN 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
$25,800,00; 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
Flit'
E
WHEREAS, the security of water systems has been identified as a national priority;
Temp. Reso. # 10102
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 to require
that Community Water Systems prepare Emergency Response Plans and certify the
completion of the Emergency Response Plans 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 Emergency Response Plan certification by
June 30, 2004; 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. 03-06E from Tetra Tech-WHS (Williams, Hatfield and Stoner, Inc.) be
approved, executed and funded; and
Temp. Reso. # 10102
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. 03-06E (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 Emergency Response Plan for a proposed lump sum amount of $25,800.00 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. 03-06E with Tetra Tech-WHS (Williams, Hatfield and
Stoner, Inc.) to provide engineering services for the preparation and certification of the
Emergency Response Plan, 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 $25,800.00.
SECTION 3: The $25,800.00 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.
1
Temp. Reso. # 10102
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 SW NSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
ITCHELL S.11KF
CITY ATTORN
REG:aml
F JOE SCHREIBER
•-
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
Exhibit 1
Temp. Reso. #10102
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this_ day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88`" Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
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 FLANS. 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 Wms. Hatfield.doc
4. Surveying property plats and descriptions.
6. 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
contractors 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.
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.
13. 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
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
LTA
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
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 alt 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. 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 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. 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.
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. Hatfield.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 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 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. Hatfield.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 4;M7
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.
,NTTEST:
_ Py:
"�ion Swenson, CIVIC
City Clerk
Date:! _ji�t I
ATTEST:
(Corporate Secretary
ic)Ali-' 15 6 fef � 44
Type/Print Name of Corporate Secy.
(CORPORATE -SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By: Q
e Schreiber, Mayor
Date: -7-16,- C /
By:
91=07� 4.
Jeffrey L. Miller, City Manager
Date: %- f ("- 0
Williams, HatfigWand Stoner, Inc,
(AuthoriSignature)
�Mbny A. Nolan Preside
Type/Print Name and Title
Date: d. . ZZ • e I
12 Agreement - AE Services Wms. Haifeld.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF % kal.Xa,
• U N T Y • A ,x _ V.
The foregoing instrument was acknowledged before me this old I 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.
a.. Sao''-.
r
My Comm, Fxplres
May 19. 2M5
na. 0057,67
kp
''•,F OFF\-O
(�,97 &"S� �. -
Signature of No
fary 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 RE OLUTION
I,64e58441001 (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under
the laws of the State of e!!?=Q,Pfy ^, 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 A (Name)",
the duly elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to
execute and submit a Bid and Bid Borid, 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 sign'res of those
persons authorized to act by the foregoing resolution.
NAME TITLE I ATURE
a
Given under my hand and the Seal of the said corporation this ZW day of
(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 REIMBURSABLE EXPENSES
EXHIBIT "A"
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 Cost Plus 10%
b. Automobile Mileage - $0.32 Per Mile
3. Reproductions
a. Black -line Prints
S0.20/Sq. Ft.
b. Mylar Reproducibles
— $2.00/Sq. Ft.
c. Photocopies (Standard)
- $0.10/Sheet/Side
d, Photocopies (I 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/Hr.
b. Global Positioning System (GPS)
$100.00/Hr.
8. Computer Aided Design/Drafting (CARD)
a. Computer Design Systems
$10.00/Hr. **
b. Computer Drafting Systems
— $20.00/Hr. **
e. 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.
Rates&Charges-01 Page 2 of 2
WILLIAMS, HATFIELD & STONER, INC. EXHIBIT "A"
Consulting Engineers • Planners • Surveyors
Environmental Scientists
SCHEDULE OF HOURLY RATES
FIVE-YEAR RATE SCHEDULE EFFECTIVE JANUARY 1, 20o1
HOURLY RATES FOR PERSONNEL
1. Professionals
Engineers (Cs), Land Surveyors (L), Planners (P), CPA (C), Environmental Scientists (S)
a. Grades 1 and 2 — $65.00/Iir.
b. Grade 3 — $75.00/Hr.
c. Grade 4 $85.00/Hr.
d. Grade 5 — $100.00/Hr.
e. Grade 6 — $1.15.00114r.
f Grade 7 — $130.00/Hr.
g. Grade 8 = $155.00/Hr.
h. Grade 9 = $200.00/Hr.
2. Engineering & Surveying Technicians
a.
Grade i
b.
Grade 2
c.
Grade 3
d.
Grade 4
e.
Grade 5
3. Drafters &
Illustrators
a.
Grade 1
b.
Grade 2
c.
Grade 3
d.
Grade 4
4. Resident Project Representatives
a.
Grade 1
b.
Grade 2
c.
Grade 3
d.
Grade 4
e.
Grade 5
5. Field Survey Parties
a.
2-Man Party
b.
3-Man Party
c.
4-Man Party
6. Word Processing Operator
a.
Grade 1
b.
Grade 2
c.
Grade 3
d.
Grade 4
7. Administrative Support
a. General Office
b. Accountant land 2
c. Accountant 3
This schedule is reviewed annually.
— $45.00/Hr.
$50.00/Hr,
_ $60.00/Hr.
$70.00/Hr.
$80.00/Hr.
$35.00/Hr.
— $45.00/Hr.
_ $50.00/Hr.
$60.00/Hr.
$50.00/Hr.
$55.00/Hr.
— $65.00/Hr.
— $75.00/I-ir.
— $90.00/Hr.
$ 110.00/Hr.
— $125.00/Hr.
$ 140.00/Hr.
$35.001Hr.
— $45.00/Hr.
$55.00/Hr.
— $65.00/Hr.
$35.00/Hr.
$45.00/Hr.
= S55.00/Hr.
Rates&Changes-0I Page 1 of 2
Exhibit 2
Temp. Reso. #10102
CITY OF TAMARAC
TASK ORDER WORK AUTHORIZATION NO.03-06E
ENGINEERING SERVICES
EMERGENCY RESPONSE PLAN
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
Emergency Response Plan (ERP) 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 the EPA's and Sandia Laboratories, Inc. For water systems serving 50,000 to
100,000 customers (Phase II), the deadline is June 30, 2004 for the Emergency Response Plan
(ERP). The City of Tamarac's water system is included in Phase H and is required to submit
the ERP document by the regulatory deadline.
Tt WHS has the local expertise and required certifications in RAM-W protocols to perform the
ERP. 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
The following describes the Tetra Tech WHS (Tt WHS) scope of services for preparing the
ERP:
Development of the Emergency Response Plan. The ERP is a crucial step to the success of the
City of Tamarac, in responding to and mitigating the effects of malevolent events affecting the
water treatment/distribution process. The ERP review will focus on responding to and
mitigating the effects of intentional attacks on the City's water facilities with reference to the
completed VA; however, the more likely scenarios involving natural disasters and their impacts
will not be overlooked. The plan will be developed in cooperation with the local emergency
planning committee and all affected local emergency response agencies. Although the plan
review will be comprehensive and will meet the guidelines of governing agencies, Tt WHS will
strive for simplicity in approach. For example, the approach is based upon a plan written in
simple language, checklist -driven, and brief —much like an aircrew emergency action checklist.
At the responder level, the plan would exist in the form of one -page checklists. However, the
best plan in the world is useless if not practiced by those who would be using it. Included in Tt
WHS scope is a recommended training schedule to be implemented by the City to ensure that
the plan remains current, pertinent, and practiced.
TASK ORDER WORK AUTHORIZATION NO.03-06E
Page Two
III. Schedule
Exhibit "A" (attached) details the schedule for the completion of work, including City staff
review, project milestones and project phases.
The emergency operations plan task is commenced upon completion of the physical assessment
of the Vulnerability Assessment being prepared under a separate authorization. The ERP
efforts will coincide with completion of the VA report resulting in a final joint VA/ERP
presentation to close out the project. The presentation will outline the implementation phase of
the ERP recommendations and the future required actions by the City.
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 ERP
is $25,800.00.
TASK ORDER WORK AUTHORIZATION NO.03-06E
Page Three
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature.
City of Tamarac
By:
oe Schreiber, Mayor
Date:
Jeffrey L. Mil er, City Manager
Date: ZG
ATTEST:
Marion Swenson,'City Clerk
aMitchell
yfor/mndtlegal suffi i ncy:
2)G)
Ato
Williams, Hatfield & Stoner, Inc.
d/b/a Tetra Tech WHS
By:
C. Z r�President
Dater A- z J
1 1]
0 �6 0
Witness
Date: Ape.,] w
Witness
Date
e�
CD
/\
B
q m
o
=
'
m{
-k
am
0z
m
w
{
0
\
\
\
/
\
m
/
m
®
[
m
§ ■
\
k
/
x
\
§
§
� �
U3
M
2 C
/
m
j
z
\
(
m
m
m
m
�
I
S
�
z
(D @
2
;
=
k
{
o m
_
��
� @
g
.
§
tj q §
m
Q
m
Zr-
m
kkq
G
�77
o,m
R\£
k/0
_
ID
rr
m
p
�qo
E
/-
(D
aa«
0
er
N
0
0
0
ui
cv
N
N
m
N
C
7�
W
t
J
.yF
O
U
4
}
_. t
4
H
O
r