HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-185Temp. Reso. #9434
Page 1
June 18, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-185
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND
EXECUTE AGREEMENTS WITH THE FOLLOWING
FIVE (5) CONSULTING FIRMS TO PROVIDE
ENGINEERING AND ARCHITECTURAL CONTINUING
SERVICES FOR A PERIOD OF FIVE YEARS ON AN
"AS NEEDED" BASIS: (1) CRAVEN THOMPSON &
ASSOCIATES, INC.; (2) ECKLER ENGINEERING,
INC.; (3) MATHEWS CONSULTING, INC.; (4) MILLER
LEGG AND ASSOCIATES, INC.; AND (5) WILLIAMS,
HATFIELD & STONER, INC.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is faced with the challenge of meeting the
increased demands imposed by regulatory agencies, development, infrastructure
modifications and expansions utilizing the latest technology for efficient and safe
operation; and
WHEREAS, the City of Tamarac's operations and programs over the next five
years require the utilization of specialized services from consultants to meet these
demands; and
WHEREAS, the City of Tamarac publicly advertised Request for Letters of
Interest No. 01-10L for Engineering and Architectural Continuing Services
to be utilized Citywide for a period of five years on an "as needed" basis, a copy of
which is attached hereto as "Attachment A"; and
Temp. Reso. #9434
Page 2
June 18, 2001
WHEREAS, on March 28, 2001, submittals from the following nineteen (19) firms
were received:
1. Calvin Giordano
2. Carnahan Proctor
3. Carr Smith Corradino
4. Chen & Associates
5. Craig A. Smith
6. Craven Thompson
7. Eckler Engineering
8. Geoverse
9. Hartman & Associates
10. Hazen & Sawyer
11. Lakdas/Yohalem
12. Mathews Consulting
13. Miller Legg
14. PBS&J
15. Reynolds Smith & Hill
16. Rhon Ernest -Jones
17. Tamara Peacock
18.TBE Group
19. Williams, Hatfield & Stoner
WHEREAS, after an extensive review and evaluation process which included
categorizing the firms by size, the committee consisting of Director of Utilities,
Assistant Public Works Director, Utilities Project Engineer, and Assistant City Engineer
recommend the appropriate City Officials be authorized to execute agreements for
Engineering and Architectural Continuing Services to be utilized for a period of five
years on an "as needed" basis with the following five (5) firms:
1. Eckler Engineering, Inc. (Small Firm)
2. Mathews Consulting, Inc. (Small Firm)
3. Craven Thompson & Associates, Inc. (Medium Firm)
4. Williams, Hatfield & Stoner, Inc. (Medium Firm)
5. Miller Legg and Associates, Inc. (Large Firm)
Temp. Reso. #9434
Page 3
June 18, 2001
WHEREAS, the Public Works Director, Utilities Director and Purchasing and
Contracts Manager recommend the appropriate City Officials be authorized to execute
the five agreements for Engineering and Architectural Continuing Services; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute and enter into agreements with Craven Thompson
& Associates, Inc., Eckler Engineering, Inc., Mathews Consulting, Inc., Miller Legg and
Associates, Inc., and Williams, Hatfield & Stoner, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
agreements with Craven Thompson & Associates, Inc., Eckler Engineering, Inc.,
Mathews Consulting, Inc., Miller Legg and Associates, Inc., and Williams, Hatfield &
Stoner, Inc. (copies of which are attached hereto as "Attachments B — 1, 2, 3, 4 & 5").
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section or other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining potions or applications of this
Resolution.
Temp. Reso. #9434
Page 4
June 18, 2001
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 11T" day of July, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
ITCHELL S. KFWT
CITY ATTORNEY
117�j SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER ,q er
DIST 1: COMM. PORTNER A &
DIST 2: COMM. MISHKIN A e,
DIST 3: V/M SULTANOF_AXee.
DIST 4: COMM. ROBERTS A er
1
J
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
his Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88" Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Miller Legg & Associates, Inc., a Florida corporation with principal offices located at 1800 N.
Douglas Road, Suite 200, Pembroke Pines FL 33024, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement - AE Services Miller Legg.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
Special Reports and Studies
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
3. Engineering design, including preparing construction documents during
bidding and award of contract, preparing a tabulation of the bids received,
and providing a written recommendation for contract awards.
Agreement - AE Services Miller Legg.doc
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
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.
i. 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.
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III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. 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,
4 Agreement - AE Services Miller Legg.doc
ll
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 Miller Legg.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice 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.
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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.
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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.
J. 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
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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
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For Consultant Robert H. Miller, President
Miller Legg & Associates, Inc.
1800 North Douglas Rd., Suite 200
Pembroke Pines, FL 33024
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
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X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C'Ity, pursuant to a
Resolution of the City Commission passed at a meeting held on Li,
2001.
11 Agreement - AE Services Miller Legg.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
By:j pro -
Marion Sw nson, CIVIC
City Clerk
ATTEST:
( orporate Secretary
Dan A- T;nfner D P / Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By: k�-�
J,We Schreiber, Mayor
Date: 7� /
By:
Jeffrey Z. Ullef, City Manager
Date: 7-/ (,-®
4� A64
MILLER LEGG A
(Signature of
IATES. Inc.
David L. John, P.E.,Sr. Vice President
Type/Print Name and Title
Date: 06/28/2001
12 Agreement - AE Services Miller Legg.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Rrnward
The foregoing instrument was acknowledged before me this z 8 th day of
June 2001 byn av i d L . John, P.E. , (name of officer or agent, title
sr, vice President
of officer or agent) of MILLE13 LEGG & .ASSOCIATES (me of corporation acknowledging),
a Florida (state or place of incorporation corporation Inc be of the corporation.
Signature of Notary Public -- State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or RIDid not take an oath
W Cc K' n,`;ICi's
i:kl l t a
Cct.^,ucr 19. 7.0,03
r ;,•I 1,, j�:I,
13 Agreement - AE Services Miller Legg.doc
CERTIFIED RESOLUTION
I, Dan A. Tintner, P.E. (Name), the duly elected Secretary of
Miller, L (Corporate Title), a corporation organized and existing under
the laws of the State of Florida , do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT David L . John, P.E. (Name)",
the duly elected an Or V (Title of Officer) of
Mill &Inc.(Corporate Title) be and is hereby authorized to
execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE
SeniorFroject Manag
Given under my hand and the Seal of the said corporation this day of
200_1_•
(SEAL)
By: zllz4cIF �-
Secretary
Miller Le & Assoc. Inc.
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
ENGINEERS - SURVEYORS & MAPPERS • PLANNERS • LANDSCAPE ARCHITECTS • GIS • ENVIRONMENTAL PROFESSIONALS
�R Corporate Office: 1800 North Douglas Road • Suite 200 • Pembroke Pines, FL 33024-3200
(954) 436-7000 � Fax; (954) 436-8664 • www,millerlegg.com
L
& ASSOCIATES, INC
2001 HOURLY RATE SCHEDULE
TITLE HOURLY RATE
Administrative $ 45
Technical Assistant
$ 50
CAD Technician
$ 60
Field Representative
$ 60
Senior Field Representative
$ 70
Technician
$ 70
GIS Data Processor
$ 75
Senior CAD Technician/Landscape Designer
$ 75
Environmental Scientist/Risk Management Specialist
$ 75
Director of Field Services
$ 85
Project Engineer/Surveyor/Landscape Architect/Designer
$ 85
Regulatory Coordinator
$ 85
Survey Field Party (Portal to Portal)
$ 95
GIS Specialist
$ 95
Senior Project Engineer/Senior Environmental Scientist
$ 95
Project Manager/Licensed Surveyor
$100
Senior Project Manager/GIS Coordinator
$125
Engineering/Planning/Surveying Director
$140
GPS Field Party (Portal to Portal)
$150
Principal
$175
Senior Principal
$215
NOTE: These rates are subject to change after January 1, 2002
Document2
Offices Located In; Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122
ENGINEERS • SURVEYORS & MAPPERS • PLANNERS • LANDSCAPE ARCHITECTS • GIS • ENVIRONMENTAL PROFESSIONALS
Lin Corporate Office: 1800 North Douglas Road Suite 200 • Pembroke Pines, FL 33024-3200
(954) 436-7000 • Fax: (954) 436-8664 - www.millerlegg.com
�E
L
& ASSOCIATES. INC
"Celebrating 35 Years"
MILLER, LEGG & ASSOCIATES, INC.
Standard Reimbursable Expense Rates
Effective January 1, 2001
In-house Expenses
Courier
at cost
Mileage (per mile)
per city rate
Copies
$0.15
Blueprints
$2.20
Mylars
$7.00
Postage
$0.34
Vellums
$5.50
Fax Transmissions
$1.00
Official Record Docs
$1.00
Offices Located In: Pembroke Pines, FL (954) 436-7000 Wellington, FL (561) 798-9981 Orlando, FL (407) 926-4122
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 88" Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Mathews Consulting Inc., a Florida corporation with principal offices located at 1601 Belvedere
Road, Suite 215 South, West Palm Beach FL 33406, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
Agreement - AE Services Mathews Consulting.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
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.
2 Agreement - AE Services Mathews Consulting.doc
4. Surveying property plats and descriptions.
5. Assistance with CADD.
6. Engineering services related to construction contracts, including but not
necessarily limited to: review of shop drawings, consultation and
interpretation concerning drawings and specifications, review of
construction progress estimates, site visits and/or periodic or full time
inspections, preparing construction change orders, approval of
contractor's periodic pay request, final inspection, issuing completion
certificate, and such other services as may be identified in the task
authorization.
7. Other Engineering services City wishes Consultant to complete will be
defined in a written authorization. Each such written authorization shall
clearly define the services to be provided and shall be attached to this
Agreement as an Addendum. Each Addendum shall be numbered in
sequence and correlated with City's Capital Improvement Project Number
and title, if applicable, date approved by City Commission, if required,
and signed by City's and Consultant's representatives. Each Addendum,
after execution by both parties to this Agreement, shall become a
supplement to and a part of this Agreement.
8. Each written authorization shall include a description of the scope of
services, time of completion and method of compensation for services.
Approval by City Commission and/or signature by authorized
representatives to City shall constitute authorization to proceed by the
Consultant for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
3 Agreement - AE Services Mathews Consulting.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. Direct Hourly plus Direct Salary Costs and Reimbursement for Non-sala
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,
4 Agreement - AE Services Mathews Consulting.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 Mathews Consulting.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Mathews Consulting.doc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA, COPYRIGHTS, DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. Rights in Data. City shall have the full right to use all data developed
pursuant to this Agreement for any official purpose permitted under Florida
Statutes, including making it available to the general public. Such use shall
be without any additional payment to or approval by Consultant. All data
prepared or furnished by Consultant (and Consultant's independent
professional associates and Consultants) pursuant to this Agreement are
instruments of service in respect of the project, and Consultant shall have the
ownership and property interest therein whether or not the project is
completed. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any data developed or
prepared under this Agreement. All data required to be sealed and signed by
registered Professional Engineer in the State of Florida shall not be modified,
changed, altered or used for other purposes than those intended without the
express written permission of Consultant.
G. COMPLIANCE WITH LAWS. Consultant shall fully obey and comply with laws,
ordinances and administrative regulations duly made in accordance therewith,
which are or shall become applicable to the services performed under the terms of
this Agreement.
H. SUBCONTRACTING. None of the work or services covered by this Agreement
shall be subcontracted without the prior written approval of City. Some specialty
sub -Consultant work is permissible wherein said services can be expeditiously and
economically handled by local firms provided written permission is granted by City.
7 Agreement - AE Services Mathews Consulting.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; etc. City shall be responsible
Agreement - AE Services Mathews Consulting.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
9 Agreement - AE Services Mathews Consulting.doc
For Consultant Rene L. Mathews, P.E., President
Mathews Consulting, Inc.
1601 Belvedere Rd., Suite 215 South
West Palm Beach, FL 33406
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
10 Agreement - AE Services Mathews Consulting.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by Q
,4 pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 Agreement - AE Services Mathews Consulting.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
By:
Marion 5we son, CMC
City Clerk
T
Mitchell S. Kraft,Aity Morney
Date: LVUl
ATTEST:
az�;'
(Corporate Secretary
_ David L. Mathews
Type/Print Name of Corporate Secy.
(CORPORATt SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By:
e Schreiber, Mayor
Date:
By:
Jeffrey Miller, City Manager
Date: 7- /6 -O
Mathews Consulting, Inc.
r
I(Athaorized Signature)
Rene L. Mathews President
Type/Print Name and Title
Date:
12 Agreement - AE Services Mathews Consulting.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The
foregoing instrument was acknowledged before me this day of
__ _ ✓u�/l 2001 by Rene L. Mathews President (name of officer or agent, title of
officer or agent) of Mathews Consulting,Inc. (name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the corporation.
Sign tore of Vary Public —State of rids
•��aManCy Armstrong
*W* WCOmmission CCg14476 Printed, typed/stamped name of Notary Public
'"• -,04P ExPims FNt►uary28, a" Exactly as commissioned
21� ersonally known by me, or
❑ Produced identification:
(Type of identification produced)
[Did take an oath, or ❑ Did not take an oath
13 Agreement -AE Services Mathews Consulting,doc
I, David L. Mathews the duly elected Secretary of Mathews Consulting, Inc..
a corporation organized and existing under the laws of the State of _ Florida ,
do hereby certify that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
IT IS HEREBY RESOLVED THAT Rene L. Mathews the duly elected
Pre ident of Mathews Consulting. Inc.
be and is hereby authorized to execute and submit a Bid and Bid Bond, if such
bond is required, to the City of Tamarac and such other instruments in writing as
may be necessary on behalf of the said corporation; and that the Bid, Bid Bond,
and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and
signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of
the secretary and shall be indemnified and saved harmless from any and all
claims, demands, expenses, loss or damage resulting from or growing out of
honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the following are the name, titles and official signatures of
those persons authorized to act by the foregoing resolution.
NAME
Rene L. Mathews
David L. Mathews
TITLE
President
Vice President
Given and my hand and the Seal of the said corporation this day of
20 0.
(SEAL)
Fit
Secretary
MATV.L�T H E�w(S
CO1V S EnvironmentallV��NCg
EXHIBIT A
Billable Rate Schedule for
City of Tamarac
Direct Hourly Rates
Principal Engineer ............................................... $125.00 per hour
Senior Engineer — Level II ................................... $110.00 per hour
Engineer — Level I ............................................... $85.00 per hour
Construction Inspector ......................................... $75.00 per hour
CARD Designer ................................................... $80.00 per hour
Technician............................................................ $50.00 per hour
Clerical................................................................. $45.00 per hour
Reimbursable Expenses
Reimbursable Expenses, including printing, postage, transportation costs (including
mileage), meals/lodging, laboratory tests analysis, and long distance telephone, are billed
on a direct cost basis.
Subconsultant Costs
Subconsultant charges shall be billed on a direct cost basis plus 10% administration fee.
Mathews Consulting, Inc. • 1601 Belvedere Road, Suite 215S • West Palm Beach, FL 33406 •561-478-7961 • Fax 561-478-7964
CERTIFICATE OF INSURANCE 1H'SSUE
DATE
6 15 01(MM/DDlYY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Collinsworth, Alter, Nielson,
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
Fowler & Dowling, Inc. (WMC/DIA)
COMPANIES AFFORDING COVERAGE
5979 NW 151 Street, Suite 105
COMPANY
LETTER A Lloyds of London
Miami Lakes, FL 33014
COMPANY
LETTER
INSURED
COMPANY
LETTER C
Mathews Consulting, Inc.
Attn: Rene Mathews
1601 Belvedere Road #215S
COMPANY D
LETTER
COMPANY LETTER LETTER
West Palm Beach FL 33406
THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTIIER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
DATE (MMIDD/YY)
POLICY EXP.
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
COMM. GENERAL LIABILITY
PROD-COMP/OP AGG.
CLAIMS MADE "OCC.
PERS. & ADV. INJURY
OWNER'S & CONTRACT'S PROT
EACH OCCURRENCE
FIRE DAMAGE(One Fire)
MED. EXP. (One Per)
AUTOMOBILE LIABILITY
COMBINED SINGLE
ANY AUTO
LIMIT
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKERS' COMPENSATION
EACH ACCIDENT
AND
DISEASE -POLICY LIMIT
EMPLOYER'S LIABILITY
DISEASE -EACH EMP.
A OTHER P62601
5/01 /01 5/01 /03
Professional
1,000,000 limits
Liability
each claim and
claims -made form
annual aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3_ DAYS WRITTEN NOTICE TO TIIE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
City of Tamarac
LIA13FLM OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
7525 NW 88TH Avenue
AUTHORIZED RE
Tamarac, FL 33321-2401
)z
ACORD 25-S (7/90) 4- 30
:WE QF-Lti
iL:I .. SURAN-Q....-.�3..... nsi�a�o1 .
_-CORDti
.......................................
PRODUCER
ACRC/NARSE
Boo Market St, Ste. 2600
St. Louis NO 63101-2500
INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Rartford Insurance Company
COMPANY
B
COMPANY
C
Mathews Consulting, Inc.
1601 Belvedere Road, Ste 215 S COMPANY
West Palm Beach FL 33406 D
F� ...... ....................
c3rir A S .....
THIS IS TO CERTIFV THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS
LTR DATE (MWDDtYY) DATE (MMODI M
GENERAL LIABILITY
GENERAL AGGREGATE
$2, 000, 000
PRODUCTS •COMPIOPAGG
$2,000,000
A
X COMMERCIAL. GENERALLIABILITY
84SBXGQ0599
11/01/00
11/01/01
PERSONAL 6 ADV INJURY
S1,000,000
CLAIMS MADE ® OCCUR
EACH OCCURRENCE
$1,000,000
OWNER'S& CONTRACTOR'SPROT
FIRE DAMAGE (Aft one fire)
$1,000,000
NED EXP (Any one person)
$10 , 00 0
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
S1,000,000
X
A
ANY AUTO
84U$VLL7958
11/01/00
11/01/01
BODILY INJURY
S
ALL OWNED AUTOS
i
SCHEDULED AUTOS
BODILY INJURY
f
X
HIRED AUTOS
][
NOWOWNED AUTOS
(Per aCClgpnl)
—
PROPERTY DAMAGE
S
GARAGE LIABILITY I AUTO ONLY • FA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE i
EXCESS LIABILITY EACH OCCURRENCE $
LjUMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND X T RV A RS O7H-.;.. :.;.:.:.-
EMPLOYERS' LIABILITY EL EACH ACCIDENT 3100,000
N
A THE PROPRIETOR! 1NG4 $4WBva1K6298 11/01/O0 11/01/01ELDISEASE-POLICYLIMI7 S�j00,000
PARTNERSIEXECU7IVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE IS 100, 000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLGWSPECIAL ITEMS
CITY OF TAMARAC IS INCLUDED AS ADDITIONAL INSURED. WAIVER OF, SUBROGATION
INCLUDED IN FAVOR OF CERT SOLDER FOR WORK COMP..
MFICATE
TAMARRR
CITY OF TAMARAC
7525 NW 88TR AVENUE
TAMARAC FL 33321-2401
dICELLAT:ION.::: ::><::::•:.. .`•. `.-••>:::>:::::: ::`:: {::::=;::;:::.:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
1. yoa•::
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
Eckler Engineering, Inc. a Florida corporation, with principal offices located at 9381 W. Sample
Road, Coral Springs FL 33065, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant" to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
1 Agreement - AE Services Eckler.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
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.
2 Agreement - AE Services Sckler.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 Eckler.doc
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. Direct Hourly plus Direct Salary Costs and Reimbursement for Non -salary
Costs. 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,
4 Agreement - AE Services Eckler.doc
I&V
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
Insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
Agreement - AE Services Eckler.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Eckler.doc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation 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.
7 Agreement - AE Services Eckler.doc
INDEPENDENT CONTRACTOR. CONTRACTOR is an independent contractor
under this Agreement. Personal services provided by the CONTRACTOR shall be
by employees of the Contractor and subject to supervision by the CONTRACTOR,
and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the CONTRACTOR.
J. ASSIGNMENT. Neither this contract, nor any portion thereof, shall be assigned,
except by formal approval of the City Commission. No such approval will be
construed as making the City a part of such assignment, or subjecting the City to
liability of any kind to any assignee. No subcontract or assignment shall, under any
circumstances, relieve the Consultant of its liability and obligation under this
contract, and despite any such assignment, the City shall deal through the
Consultant only. However, if the company is sold during the life of the contract, the
buying agent must provide the City with a letter signed by an officer of the new
owner that can legally bind the company, stating that they will continue to perform
the requirements of the contract under all the terms, conditions, and specifications
so stated in the contract.
K. SITE VISITS. Visits to the construction site and observations made by Consultant
as part of the services shall not relieve the construction contractor(s) of its
obligation to conduct comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, nor shall the contractor(s)
be relieved of responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing all portions
of the work under the construction contract(s) and for all safety precautions
incidental thereto. Such visits by Consultant are not to be construed as part of the
inspection duties of the on -site inspection personnel defined in other parts of this
Agreement.
L. ONSITE MONITORING. Consultant's resident project representatives will make
reasonable efforts to guard City against defects and deficiencies in the work of the
contractor(s) and to help determine if the provisions of the Contract Documents are
being fulfilled. Their day-to-day inspection will not, however, cause Consultant to be
responsible for those duties and responsibilities which belong to the construction
contractor(s) and which include, but are not limited to, full responsibility for the
techniques and sequences of construction and the safety precautions incidental
thereto, and for performing in accordance with the Contract Documents.
M. TIME OF PERFORMANCE. Consultant shall commence performance on each
specific task authorization upon receipt of written Notice to Proceed from City. The
work shall be completed in accordance with the schedule included in the
authorization.
N. OBLIGATIONS OF CITY TO CONSULTANT. City shall make available to
Consultant all data in its possession regarding the existing facilities. This data shall
include, but not be limited to: standards; specifications; policies; guides and
Engineering reports; maps; plans; inventories; data; etc. City shall be responsible
Agreement - AE Services Eckler.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
9 Agreement - AE Services Eckler.doc
For Consultant Donald A. Eckler, P.E., President
Eckler Engineering, Inc.
9381 W. Sample Road
Coral Springs, FL 33065
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's right of termination shall not be construed to preclude any action by
City for damages against Consultant should Consultant not fully perform
Consultant's responsibilities and duties pursuant to this Agreement.
In no case shall City be liable for damages to Consultant as a result of City's
termination of this Agreement, in an amount in excess of actual costs incurred by
Consultant in performing work previously authorized and fully performed prior to
the date on which notice of termination is sent by City.
T. NON-EXCLUSIVE AGREEMENT. City reserves the right to contract other
Engineering firms as Consulting Engineers pursuant to the Consultant's
"Competitive Negotiation Act of Florida". Nothing in this Agreement alters or
cancels the terms and conditions or prior agreements for Engineering services
between these parties or between City and any other Engineering firms.
U. INDEMNIFICATION. Consultant, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless the City of Tamarac, its
officers, elected officials, agents or employees acting within the scope of their
employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) to the extent caused by Consultant's negligent acts, errors or
omissions associated with Consultant's duties and responsibilities pursuant to this
Agreement.
V. WARRANTIES. Consultant warrants that all specifications, documents, or drawings
prepared by Consultant, or on Consultant's behalf, are accurate, capable of being
implemented and may be relied upon by any Contractor retained by City.
W. PROFESSIONAL RESPONSIBILITIES OF CONSULTANT. Consultant will exercise
reasonable skill, care, and diligence in the performance of Consultant's services
and will carry out its responsibilities in accordance with customarily accepted
professional Engineering practices. If Consultant fails to meet the foregoing
standard, Consultant will perform at its own cost, the professional Engineering
services necessary to correct errors and omissions which are caused by
Consultant's failure to comply with this standard and which are reported to
Consultant within one year from the completion of services.
10 Agreement - AE Services Eckler.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by C pursuant to a
Resolution of the City Commission passed at a meeting held on
2001.
11 Agreement - AE Services Eckler.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST: -
By: 14
Marion Sw son, MC
City Clerk
Ap
By
Da
ATTEST:
l
(Corporate Secretary
.f�r
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
/J96 Schreiber, Mayor
Date: 7 /6 `0 �
r
: 010 7-�64'
l Jeffrey L. Mill4r, City Manager
Date: -7/ 1, 0
Eckler Engineering, Inc.
(Authorized Signature)
Donald A. Eckler, P.E., President
Type/Print Name and Title
Date: 61,7/14 /
12 Agreement - AE Services Eckler.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF_ r0LJ42,L,�j
The foregoing instrument was acknowledged before me this day of
2001 by Donald A. Eckler, P.E., President (name of officer or agent, title
of officer or agent) of Eckle_rEngineering, Inc. (name of corporation acknowledging), a Florida
(state or place of incorporation) corporation, on behalf of the corporation.
LINDA C. IFIM"Sa
My Comm Ev. 5/W5
No. DD 006647
11 prnonally Knaen 11 Odw 1.0.
Sigrroture of Nota 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 X Did not take an oath
13
Agreement - AE Services Eckler.doe
CERTIFIED RESOLUTION
I, Donald A. Eckler, the duly elected Secretary of Eckler Engineering, Inc., a corporation
organized and existing under the laws of the State of Florida, do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board of
Directors of the said corporation at a meeting held in accordance with law and the by-laws
of the said corporation.
"IT IS HEREBY RESOLVED THAT Donald A. Eckler, the duly elected President of Eckler
Engineering, Inc., be and is hereby authorized to execute and submit a Proposal to the City
of Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Proposal and other such instruments signed by him shall be
binding upon the said corporation as its own acts and deeds. The secretary shall certify
the names and signatures of those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims, demands,
expenses, loss or damage resulting from or growing out of honoring the signature of any
person so certified or for refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised,
revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Donald A. Eckler President -� 54- & I
Given under my hand and the Seal of the said corporation this 21" day of June, 2001.
(SEAL) By:
Donald A. Eckler
President
Corporate Title
Page 1 of 1
EXHIBIT A
These hourly rates will be utilized through the five-year term of this contract. If there are extensions
to the contract, these rates may be modified.
PERSONNEL CATEGORY HOURLY RATE
Principal
$ 154.00
Engineer 8
$ 145.00
Engineer 7
$ 129.00
Engineer 6
$ 114.00
Engineer 5
$ 102.00
Engineer 4
$ 84.00
Engineer 3
$ 82.00
Engineer 2
$ 71.00
Engineer 1
$ 69.00
Technician 4
$ 95.00
Technician 3
$ 84.00
Technician 2
$ 64.00
Technician 1
$ 58.00
Secretary
$ 64.00
Administrative Assistant
$ 40.00
EXPENSES
Expenses will be as outlined in Section III, Fees and Payments, Paragraph A.1., page 4, with the
addition that subconsultants will be billed at cost times 1.1.
15: 07
K;l ill.,
PROD . UCER
THIS CERTIFICATE ij JiSLIED AS A MATMR 019 INFORMATION
Surcoast Insurance Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 22668
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tampa, FL 33622-2668
COMPANIES AFFORDING COVERAGE
7
COMPANY
ASt. Paul Fire & Marine.
ECkler Engineering, Inc.
COMPANY
sAmerican manufacturers Mutual
9381 W_ Sample Road
. PANY
COMPANY
Coral Springs, FL 33OG5
cSecuri.5�Ins of Hartford
COMPANY
THIS. IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI�TED
BELOW HAVE BEEN ISSUED TO YKE INSURED NAMED ABOVE FORTH E POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS -
POLICY EFFECTIVE i POLICY EXPIRATIONLTR
CO INSURANCE POLICY NUMBER
i TYPE OF
DATE (MM[0DfM DAWMIMIDDIVY)
A GENEnAL LIABILITY I BKO0760093
11/27/00 11 /27/01 GENERAL AGGREGATE 1$4,
CONIMERCIAL GENERAL LIABILITY
LPT9 UqTQ40MP/OFAG0 184, 000, 000
CLAIMS MADE LX OCCUR
PENS 9 ADV 9N11V RY !s2,000 r 000
OWNER'S & CONTRACTOR'S PROP
EACH OCCURRENCEw f2 000.9-000
FIRE OAMZ(Any Onefuel s2, 000-000-
jM1DEXP(AAyo-PV'$9V) $10,000
A AUTOMOBILE LIABILITY BKO0760093
11/27/00 111/27/01
�COMBraEO3tNOLELIMIT
isIncluded
ANY AUTO
90DILY tNJJRY
ALL, OWNED AUTOS
i
f
(Po(pMon)
H1K0 AU -SOS j
I BODILY INJURY
NON,0VWEDAuTO6
PROPERTY DAMAGE la
ABILITY GARAGE LIABILITY
;13A�! U
1AIJTQ ONLYEA ACCIViN
OTHER THAN AUTO ONLY;
ANY AUTO
EACH A4;CIDEN'f .3
AGGREGATEA1
EXCESS LIABILITY
j
EACH OCCURRENCE Is
CMURELI-KFORM
I
AGGREGATE i$
OTHER THAN UMORELLA FORM
i$
B
WORKMCOMPENZATON MCI
7CQ61241402
10575170-1-10
5 61-7-0-2
WIS
eMPLOytPM, UA84LITy'
JEACH AOCIPENT IS100,000
1 THE PROPRIETOR/ INCL
1�1_66ASE-PCL_Nj LIMIT 0 01 0
iDjroFASE-EAC
I PARTNER$TXfCUTrVE
! �XffCg 13 AKE�. EXCL
I
I
I
EMPLOYEE IS100 _0 0 0
C
OTHER .__ AEE0113424
A2?02/00
112./02/0-1
$1,000,000 Each Claim
rotessional
$2,000,000 Ann. Agg.
Liability
CvsatrYON OF OPEKA11ONSILOCATIONSN6$NCLE3130ECtAL ITEMS
Professional Liability iF claims
made and reported.
The City of Tamarac is listed as
an additional insured with respects to
the General Liability PoliCy.
SHOULD ANY (W THE ABOVE DE30MBED POLICIES BE CANCELLED 99FM THE
City of Tamarac
EXPIRATION DATE TMERVOI!, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
7525 NW 8 8 t h Avenue
3() DAYS WRITTEN NoTicp TO THE cewnpicAlm HOLDER NAMED TO THE LEFT.
Fort 1jauderdale, FL 33321
JpUT FAILURE TO MOAL SUCH NOTICE SMALL IMPOSE NO OOUGATIO4 OR LIAMLITY
OF ANY KIND UPON TH9 COMPANY, ITS A49NT% OR REPREAtNTATMES,
AUTM2R ED Ft%PPtIt8LffNTAT1Vr;
T,- r a., z,. •j
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 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
Z. 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.
2 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
III. FEES AND PAYMENTS
A. Each written proposal from Consultant for an individual task as required in Article 1
"Scope of Services" shall include specific information as to the type and magnitude
of fees to be paid for that task. The type of fee contemplated is:
1. Direct Hourly plus Direct Salary Costs and Reimbursement for Non-sala
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,
4 Agreement - AE Services Wms. Hatfield.doc
U
except for oral authorizations regarding each Job Number. Each separate task
authorization shall include information as to start and completion times for that task.
MISCELLANEOUS PROVISIONS
A. RECORDS/AUDITS. The Consultant shall maintain during the term of the contract
all books, reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Auditor. The
Consultant agrees to make available to the City's Auditor, during normal business
hours and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract for the duration of the contract and retain them
for a minimum period of one (1) year beyond the last day of the contract term.
B. INSURANCE. Consultant agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and local laws and
regulations, now in effect or hereinafter enacted, during the term of this agreement
that are applicable to Consultant, its employees, agents, or subcontractors, if any,
with respect to the work and services described herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work
under this Agreement. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurance required under this section prior to beginning
any work under this Agreement.
Consultant shall indemnify and hold the City harmless from any damage resulting
to it for failure of either Consultant or any subcontractor to obtain or maintain such
insurance.
The following are required types and minimum limits of insurance coverage, which
the Consultant agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Aggregate
$1,000,000
Agreement - AE Services Wms. Hatfield.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Wms. Hatrield.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 hgts 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.
7 Agreement - AE Services Wms. Hatfleld.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
8 Agreement - AE Services Wms. Hatfeld.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 Cit pursuant to a
Resolution of the City Commission passed at a meeting held on ,
2001.
11 Agreement - AE Services Wms. Hatfield.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST:
By: .
Ila Pion Swenson, CIVIC
City Clerk
--
Date:
ATTEST:
(Corporate Secretary
UAri-I 1;.� -zerlu 4-I
Type/Print Name of Corporate Secy.
(CORPORATE -SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
r By: C�
670
e Schreiber, Mayor
Date: 7 - 1 �, - d 1
By:
Jeffrey L.Miller, City Manager
Date: 7- l �, - ® I
Williams, Hatfiand Stoner, Inc.
ature)
Plftny A. Nolan Preside
Type/Print Name and Title
Date: .6/p . gz , o I
12 Agreement - AE Services Wms. Hatfield.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF�y�
The foregoing instrument was acknowledged before me this _ a � 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.
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My Comm. Fxpires
May 19, 2005
No. 006767
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Signature of o ary Public — State of Florida
Printed, typed/stamped name of Notary Public
Exactly as commissioned
[lersonally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ❑ Did not take an oath
13 Agreement - AE Services Wms. Hatfield.doc
CERTIFIED RESOLUTION
I� (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under
the laws of the State of �4e�,4 _, 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 Bond, if such bond is required, to the City of
Tamarac and such other instruments in writing as may be necessary on behalf of the
said corporation; and that the Bid, Bid Bond, and other such instruments signed by
him/her shall be binding upon the said corporation as its own acts and deeds. The
secretary shall certify the names and signatures of those authorized to act by the
foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the
secretary and shall be indemnified and saved harmless from any and all claims,
demands, expenses, loss or damage resulting from or growing out of honoring, the
signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been
revised, revoked or rescinded.
I further certify that the following are the name, titles and official signres of those
persons authorized to act by the foregoing resolution. ��//
NAME
AIR
TITLE
TUBE
Given under my hand and the Seal of the said corporation this Z2 day of
�! ct�✓� , 20 O/
(SEAL,) By:
Secretary
C
NOTE: orporate Title
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
I. 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, bodging 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 (1 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 (CADD)
a. Computer Design Systems
— $10.00/Hr. **
b. Computer Drafting Systems
= $20.00/Hr. **
c. Geographic Information System (GIS)
_ $25.00/Hr. **
9.
Delivery and Courier Services
— Cost Plus 10%
** Per hour of actual computer use. Charge includes in-house software library but does not include operator.
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, 2001
HOURLY RATES FOR PERSONNEL
1. Professionals
Engineers (E), Land Surveyors (L), Planners (P), CPA (C), Environmental Scientists (S)
a. Grades 1 and 2 = $65.00/Hr.
b. Grade 3 - $75.00/Hr.
c. Grade 4 - $85.00/Hr.
d. Grade 5 - $100.00/Hr.
e. Grade 6 - $115.00/Hr.
f. Grade 7
g. Grade 8 - $130.00/Hr.
h. Grade 9 $155.00/Hr,
$200.00/Hr.
2. Engineering & Surveying Technicians
a. Grade 1
b. Grade 2
- $45,00/Hr.
c. Grade 3
- $50.00/Hr.
d. Grade 4
= $60.00/Hr,
e. Grade 5
= $70.00/Hr,
- $80,00/Hr.
3. Drafters & Illustrators
a. Grade 1
b. Grade 2
- $35.00/Hr.
c. Grade 3
= $45.00/Hr.
d. Grade 4
= $50.00/Hr.
$60.00/11r.
4. Resident Project Representatives
a. Grade 1
b. Grade 2
= $50.00/Hr.
c. Grade 3
- $55.00/Hr.
d. Grade 4
= $65.00/Hr.
e. Grade 5
- $75.00/Hr.
= $90.00/11r.
5. Field Survey Parties
a. 2-Man Party =
b. 3-Man Party
$110.00/Hr,
-
c. 4-Man Party
$125.00/Hr.
-
$140.00/Hr.
6. Word Processing Operator
a. Grade 1 =
b. Grade 2
$35.00/Hr.
-
c. Grade 3
$45.00/Hr.
-
d. Grade 4
$55.00/Hr.
=
$65.00/Hr.
7. Administrative Support
a. General Office -
$35.00/Hr.
b. Accountant land 2 -
$45.00/Hr.
c. Accountant 3
-
$55.00/Hr.
This schedule is reviewed annually.
Rates&Charges-01
Page l of 2
CITY OF TAMARAC
CONTINUING ENGINEERING SERVICES
AGREEMENT
This Agreement, made and entered into and effective this l/ day of
2001 by and between:
City of Tamarac, a municipal corporation, created pursuant to the Laws of the State of Florida,
with principal offices located at 7525 NW 881h Avenue, Tamarac, Florida, hereinafter referred to
as "City".
and
Craven Thompson & Associates, Inc. a Florida corporation with principal offices located at 3563
NW 53rd Street, Fort Lauderdale FL 33309, hereinafter referred to as "Consultant".
WITNESSETH:
WHEREAS, City requires professional Engineering services on a continuing basis to perform
such specific services as City may direct; and
WHEREAS, Consultant has the professional experience and expert skill and is qualified to
perform the required services; and
WHEREAS, City desires to engage Consultant upon the terms and conditions set forth below,
and Consultant is willing to accept such engagement upon such terms and conditions; and
WHEREAS, The term of this Agreement is for a period of five (5) years, beginning the first day
following execution by the City; and
WHEREAS, City in accordance with Florida Statues Section 287.055, Consultants Competitive
Negotiation Act, has selected "Consultant' to be most qualified to perform said continuing type
services as City Consulting Engineer;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:
SCOPE OF WORK
City hereby engages Consultant as an independent contractor to perform certain
services and Consultant hereby agrees to perform said services upon the terms and
conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of
Tamarac, if available, which shall be revised as necessary by Consultant to meet the
intent of the proposed projects. Consultant shall develop standards of design not
available from City. Consultant shall perform Engineering services related to various
miscellaneous projects as needed.
1 Agreement - AE Services Craven Thompson.doc
Each specific task to be performed shall be identified and described in detail by the
Consultant and approved by the appropriate City officials, and if approved by City, shall
be identified by a separate Job Number established by Consultant. The specific services
which Consultant agrees to furnish and the terms and conditions for such services are
as follows:
A. ATTENDANCE AT MEETINGS. After City has issued a written authorization for a
specific task, attendance by Consultant at any subsequent meetings related to that
task shall be considered as part of that task. In addition, Consultant shall be
subject to such provisions as may be contained in the task authorization. However,
it is contemplated that from time to time City will desire that Consultant meet with
representatives of City and/or other organizations to discuss subjects not directly
related to an already assigned task. Such meetings will include but not be limited
to meetings at which Consultant's specialized knowledge is needed by City, or a
meeting conducted to develop or disseminate criteria that will be needed by City in
order to establish a new task, or a meeting at which Consultant is to act as a
representative of City. However, in attendance at all required meetings and
throughout the term of this Agreement, Consultant shall maintain independent
contractor status. In order to minimize administration, attendance by Consultant at
all such meetings shall be considered part of one continuing task. This Agreement
shall be deemed as the written authorization for that task.
However, Consultant shall not attend any particular meetings unless City has
issued specific oral instructions that Consultant is to attend. The scope of work for
each Job Number is defined to include not only attendance at authorized meetings
but also any work needed to prepare for and/or submit reports concerning such
meetings. All invoices for each Job Number will identify the specific meetings to
which they apply. All fees for services on each Job Number
will be compensated as defined in Section III.A. herein.
B. REVIEW OF DEVELOPMENT PLANS. When requested by the City, Consultant
shall review and comment to City on those developmental plans submitted to City
which City determines will require either more Engineering expertise or more time
than available to City's own Engineering staff.
C. OTHER SERVICES. Upon determination by City that it is in need of Engineering
services of one of the types listed below, it may issue a separate written
authorization to Consultant to perform said services. The types of service
contemplated are:
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.
2 Agreement - AE Services Craven Thompson.doc
4. Surveying property plats and descriptions.
5. Assistance with CADD.
E. 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.
�y:1=191it" ►iR
A. City shall designate in writing specific individuals, by title, who will be authorized to
issue written and/or oral instructions to Consultant concerning this Agreement. In
the absence of specific designations, Consultant may assume that the City
Manager or designee shall be so authorized and Agreement shall constitute the
required written designation.
B. City shall assist Consultant in obtaining all background information necessary for
the accomplishment of assigned tasks, and shall provide reasonable access to all
existing records, data, and physical facilities.
C. City shall pay for all costs of publishing advertisements for bids; for obtaining
permits and licenses that may be required by local, State or Federal authorities;
and/or to secure the necessary land, easements, and rights -of -way. In order to
expedite processing of an application for a permit or license, City may, in some
instances, direct Consultant to act for City in paying a required fee. In such
instances, City subsequently shall reimburse Consultant for any such fees.
3 Agreement - AE Services Craven Thompson.doc
aWF-AvILTA 101111W
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:
1. 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,
4 Agreement - AE Services Craven Thompson.doc
1V/
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 Craven Thompson.doc
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Consultant will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and
be licensed to do business in Florida. "Occurrence" form policies shall be required.
Each carrier will give the City thirty-(30) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Consultant's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Consultant purchase a bond to
cover the full amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the
Consultant must provide the City with evidence of Professional Liability insurance
with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate.
"Claims -Made" forms are acceptable for Professional Liability.
City and Consultant waive all rights against each other and any of their respective
directors, officers, agents, and employees, for damages caused by risks covered
by property insurance during and after completion of the services. City waives
subrogation against Consultant on all property and consequential loss policies
carried by City on adjacent properties and under property and consequential loss
policies purchased for the project after its completion. If the policies of insurance
referred to in this paragraph require an endorsement to provide for continued
coverage where there is a waiver of subrogation, the owners of such policies will
cause them to be so endorsed.
Construction contractors, at the discretion of the City, may be required to provide
(or City may provide) Owners' Protective Liability Insurance naming the City as a
Named Insured and the Consultant as an additional insured, or, to endorse City
and Consultant as additional insureds on construction contractor's liability
insurance policies covering claims for bodily injuries and property damage.
Construction contractors shall be required to provide certificates evidencing such
insurance to the City and Consultant.
6 Agreement - AE Services Craven Thompson.doc
C. INTERRUPTION POSTPONEMENT ABANDONMENT. In the event the work
herein, or any part thereof, shall be abandoned due to circumstances which City
considers to be in its own best interests, Consultant shall not be entitled to any
further payment for such work, or any part thereof, beyond and in excess of the
amount due at that time, and final payment shall be based on the proportionate
amount of the fee earned to such date.
D. DELAYS AND EXTENSIONS. The time of completion may be adjusted only by
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of Consultant.
E. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of City shall be final and
may be enforced in a court of competent jurisdiction in the venue of Broward
County, except as provided herein. City shall notify Consultant in writing of any
decision City has rendered with regard to the interpretation of this Agreement. If
Consultant disagrees with the decision of City, the dispute may be decided by
arbitration at the City's discretion.
F. RIGHTS IN DATA. COPYRIGHTS. DISCLOSURE.
1. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or
mechanical representation.
2. 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.
7 Agreement - AE Services Craven Thompson.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 Craven Thompson.doc
for all necessary approvals from all City of Tamarac departments, and
administration of public meetings in City. Consultant shall prepare exhibits,
displays, informational handouts, notes, minutes and shall assist City in conducting
all meetings.
O. MONITORING. Consultant's work shall be subject to the inspection and direction of
City, which shall conduct periodic reviews with Consultant. Where Consultant's
work is unsatisfactory to City, Consultant shall correct it at the direction of City and
at no additional cost to City; however, it is incumbent upon City to notify Consultant
immediately of any work deemed unsatisfactory. Consultant will indemnify City for
any increased construction costs solely and proximately caused by negligence on
the part of Consultant concerning any assigned project, less any betterment to City.
P. EXTRA SERVICES. If extra services are required for satisfactory completion of the
work or any phase thereof, and Consultant thereby necessarily incurs extra costs,
Consultant may be reimbursed only upon execution of a Supplemental Agreement
between the parties. However, City shall not reimburse Consultant for any work or
services performed after interruption, postponement or abandonment, which City
deems to be in its best interest, provided City provides proper written notice to
Consultant of such interruption, postponement or abandonment of the work. In such
case, City shall pay only the costs of services rendered up to the time of such
interruption, postponement or abandonment.
Q. CONSULTANT'S REPRESENTATIVE. Consultant will, at all times during the
normal work week, designate or appoint one or more representatives of Consultant
who are authorized to act on behalf of Consultant regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep City
continually advised of such designation.
R. WRITTEN NOTIFICATION. Whenever either party desires to give notice to the
other pursuant to this Agreement, it must be given by written notice, hand delivered,
or sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective places for giving notice to wit:
For City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: City Attorney
At the same address as above
9 Agreement - AE Services Craven Thompson.doc
For Consultant Robert D. Cole, III, P.E.
Executive Vice President
Craven Thompson & Associates, Inc.
3563 NW 53' Street
Fort Lauderdale, FL 33309
S. TERMINATION OF AGREEMENT. City or Consultant may terminate this
Agreement by giving 30 days prior written notice to the other party. In such event,
City shall forthwith pay Consultant in full for all work previously authorized and
performed prior to the date upon which written notice of termination has been sent.
Consultant's 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 Craven Thompson.doc
X. ATTORNEYS' FEES. In the event of litigation, the prevailing party will be entitled
to reimbursement of attorney fees.
Y. CHANGES AND FORCE MAJEURE. In the event that a change in City provided
information, change in law, or event of force majeure affects the Work or increases
Consultant's costs, Consultant shall be entitled to a change to the Work and an
equitable adjustment in the contract price and time of performance, as appropriate.
Consultant shall propose in writing a change to the Work and an equitable
adjustment in the Contract Price due to any such change, and City shall accept or
dispute such proposal in writing within fifteen (15) days of receipt of Consultant's
proposal.
Z. PROHIBITION AGAINST CONTINGENT FEES. The professional Engineer
warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for the professional Engineer to solicit or secure
this agreement and that he has not paid or agreed to pay any person or company,
corporation individual, or firm, other than a bona fide employee working solely for
the professional Engineer any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For any breach or violation of this provision, the City shall have the
right to terminate the Agreement without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
AA. MODIFICATIONS. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and with equal dignity herewith.
Such modification or amendment shall be attached to, and shall thereupon become
a part of this Agreement.
BB. AUTHORIZING ACTION. This Agreement is entered into by =1/
uant to a
Resolution of the City Commission passed at a meeting held on,
2001.
11 Agreement - AE Services Craven Thompson.doc
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and
year first written above.
ATTEST: .
By:
Marion Swenson, CIVIC
City Clerk
To F
4btitch'ell S. 7/;7o7
ney
Date: [
ATTEST:
( orporate Secretary
Robert D. Cole, ITI
i ypeirrint Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
a Florida Municipal Corporation
By:
J Schreiber, Mayor
Date:
By:
Jeffrey L. Miller, City Manager
Date: 7- / l - o/
Craven
Signature)
fates, Inc
Thomas M. McDonald,
Fqf F5X F-# ' President
Type/Print Name and Title
Date: 6 / 18 / 01
12 Agreement - AE Services Craven Thompson.doc
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 18th day of
Thomas M. McDonald,
June 2001 by Rsbe k®xQslajg Ex6xtiv(kVja* President (name of officer or
agent, title of officer or agent) of Craven Thompson $ Associates, Inc (name of corporation
acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the
corporation.
4;�r
Signature of Notary ublic —State of Florida
*Ayp MARTHA 0101140tAM0 Printed, typed/stamped name of Notary Public
COMMISSION # CC 720285 Exactly as commissioned
a EXPIRES APR 1, 2002
BONDED THRU
WOK Ply ATLANTIC BONDING CC, INC. X
❑ Personally known by me, or
❑ Produced identification:
(Type of identification produced)
❑ Did take an oath, or ® Did not take an oath
13 Agreement - AE Services Craven Thompson.doc
CRAVEN THOMPSON & ASSOCIATES, INC.
Corporate Resolution
The Board of Craven Thompson & Associates, Inc. does hereby state that either of the
following people are authorized to execute contracts on behalf of Craven Thompson & Associates,
Inc. and that only one (1) signature is required:
Thomas M. McDonald, President
rM
Robert D. Cole, III, Executive Vice President/Secretary
WHEREFORE, the undersigned has executed this olution on this the 27`h day of
February, 2001.
TH MAS M. McDONALD, President
OBERT D. COLE, III, Executiv resident/Secretary
STATE OF FLORIDA
COUNTY OF BROWARD
Sworn to and subscribed to before me this 27`h day of February, 2001, by Thomas M.
McDon�'A
d and Robert D. Cole, III, both personally known to me or who have produced
N as identification.
6.
PAT I D. JOYCE
Nota ublic, State of Florida
Pa ticla D Joyce
�C'001311s3i032 # CC 720329
F"Pira9 March 23' 2002
Bonded Tbru
r+._ u ► Boadine Ca, I=
EXHIBIT "A"
SALARY COSTS
Jun-01 r
City of Tamarac
CONSULTANT:Craven Thompson & Associates, Inc.
OES EMPLOYEE CATEGORY
Hourly Rate
SENIOR COMPANY OFFICER
$155.00
PROJECT MANAGER
$135.00
QUALITY ASSURANCE PERSON
$115.00
SENIOR ENGINEER(2)
$100.00
ENGINEER(2)
$90.00
SENIOR DESIGNER/TECH. (2)
$72.00
DESIGNER/TECH.
$58.00
SENIOR DRAFTER(2)
$62.00
DRAFTER
$47,00
SECRETARY
$47.00
REGISTERED LAND SURVEYOR
$100.00
3-PERSON SURVEY CREW
$95.00
2-PERSON SURVEY CREW
$83.00
SENIOR RESIDENT REP.
$70.00
RESIDENT REPRESENTATIVE
$60.00
(2)ALSO INCLUDES (AS APPLICABLE) LANDSCAPE ARCHITECT
Al TAMEXA.615.XLS
EXHIBIT "B"
SCHEDULE OF EXPENSES AND OTHER CHARGES
1. Travel and Subsistence
a. Out-of-town Transportation, Lodging and Subsistence = in Accordance with
b. Automobile Mileage = F.S. 112.061
2. Reproduction and Reprographics
a. Blueline Prints
= $0.21/Sq. Ft.*
b. Vellum and Sepia
= $.50/Sq. Ft.*
c. Mylar Reproducible
= $2.00/Sq. Ft.*
d. Outside Printing
= At Cost plus 10%
e. Xerox (Standard) Copies
= $0.10/Sheet
3. Recording and Permits Fees = At Cost plus 10%
4. Services of Outside Consultant's = At Cost plus 10%
5. Special Survey Field Supplies = At Cost plus 10%
6. Delivery and Courier Services = At Cost plus 10%
* Based on 2-foot width times length of stock used.