Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-99-093Temp. Reso. #8589 Page 1 April 6, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- �3_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ADDENDUM NO. 99-02 WITH MILLER, LEGG AND ASSOCIATES TO PROVIDE LANDSCAPE, ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO THE MEDIAN IMPROVEMENTS IDENTIFIED IN YEAR 1 OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM IN ACCORDANCE WITH THE CITY CONSULTING ENGINEERING SERVICES AGREEMENT AS AUTHORIZED BY RESOLUTION NO. R-96-62; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $41,184; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through Resolution No. R97- 247: and WHEREAS, Year 1 of the Seven Year Comprehensive Street Improvement Program allows for median improvements to include landscaping, irrigation and curbing on portions of Brookwood Boulevard, Mainlands Drive, NW 701h Avenue, NW 781h Street, and NW 82"d Street; and WHEREAS, in accordance with the City Consulting Engineering Agreement approved by the City Commission on March 27, 1996 through Resolution No. R-96-62, the Public Works Department requested six consultants to provide proposals for performing landscape, architectural and engineering services related to the above -mentioned median improvement project; and Temp. Reso. #8589 Page 2 April 6, 1999 WHEREAS, Miller Legg & Associates was the only consultant out of six willing to provide the required landscape, architectural and engineering services; and WHEREAS, on March 23, 1999, Miller, Legg and Associates submitted a proposal for providing said services in an amount not to exceed $41,184, a copy of said proposal is attached hereto as Exhibit 1; and WHEREAS, available funds exist in the General Fund budget for said purpose; and WHEREAS, it is the recommendation of the Public Works Director, Purchasing/Contracts Manager and City Engineer that the City approve and execute Addendum 99-02 to Miller, Legg and Associates for the provision of landscape, architectural and engineering 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 execute Addendum 99-02 between the City of Tamarac and Miller, Legg and Associates for the provision of landscape, architectural and engineering services related to Year 1 of the Seven Year Comprehensive Street Improvement Program in an amount not to exceed $41,184, in accordance with the City Consulting Engineering Agreement as authorized by Resolution No. R-96-62 hereto attached as Exhibit 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 1 1 1 Temp. Reso. #8589 Page 3 April 6, 1999 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 upon adoption hereof. SECTION 2: That the appropriate City Officials are HEREBY authorized to accept and execute Addendum 99-02 to the Engineering Agreement with Miller, Legg and Associates for provision of landscape architectural and engineering services in an amount not to exceed $41,184 attached hereto as Exhibit 1. SECTION 3: The City Manager or his designee is HEREBY authorized to approve change orders in the amount not to exceed $10,000 per section 6-156 (b) of the City Code, and close the contract award including but not limited to making final payment when the work has been successfully completed within the terms and conditions of the contract and within the contract price. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. F-1 1 �1 PASSED, ADOPTED AND APPROVED this /'7� day of ATTEST: CAROL G LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I approved this RE -SOLUTION as to form. MITCH S. CITY ATTORI ((ADMIN CORRRES.-AGENDA-P.W.-HESHAM ALI) Temp. Reso. #8589 Page 4 April 6, 1999 JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: , COMM. PORTNER DIST 2. ..M/M W MISHKIN DIST 3: COMM. SULTAN F GIST 4: COMM. ROBERTS 1999. C. CITY OF TAMARAC INTEROFFICE MEMORANDUM (99-07-HA) PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION TO: City Manager FROM: Director Public Works DATE: 06 APRIL 1999 RE: Addendum No. 99-02 with Miller Legg and Associates to The City Consultants Engineering Services Contract; Seven Year Comprehensive Road Improvement Program; Commission Meeting 4/14/99; Temp Reso #8589 Recommendation: I recommend that the City execute Addendum No. 99-02 with Miller Legg & Associates for the median landscape and irrigation design work for Year 1 of the Seven Year Comprehensive Road Improvement Program at a cost of $41,184. Issue: Median beautification is a part of the Seven -Year Comprehensive Road Improvement Program. Engineering services are needed to design the landscape, curb and irrigation system for selected streets of Year 1of the Road Improvement Program. Background: The City Commission approved a Seven -Year Comprehensive Road Improvement Program on July 22, 1998. The first phase of Year 1 began on December 21, 1998 and is at substantial completion. Work under Phase I included all streets scheduled for FY 99 that required resurfacing only; the rest of the FY 99 streets required median improvements that must be completed before those streets can be resurfaced. The Public Works Staff solicited proposals from six engineering consultants with whom the City had an open agreement to provide engineering services on an as -needed basis, as authorized by Resolution NO. R-96-62. Miller Legg & Associates was the only consultant that had the desire and expertise to provide such services. In addition, Miller Legg & Associates indicated they were willing to start by mid April 1999 to accommodate the Project's tight schedule. Attachment: List of Consultants Contacted • • 0 Consultants Contacted for Landscape Design The following is a list of Engineering consultants contacted from the list of Consultants with whom the City had an open agreement to provide engineering services on an as -needed basis, as authorized by Resolution NO. R-96-62: Company Number Date Contact Results Name Carr Smith (305) 594 3/9/99 Tony Do not have LA on board; they will 0735 ext Parto have to hire a sub contractor 3184 Hazen Sawyer (954) 3/9/99 Mike Landscape design is not in their 987-0066 Khazano area of expertise vitch Miller Legg 954 436- 3/9/99 Donald They do have Landscape architects 7000 Sharp on board; interested PSI 561 844- 3/15/99 Raj Strictly testing consultant 2404 Krishnas am Carahan —Proctor 954- 3/15/99 Greg They do not do landscape design. Associates 9723959 Proctor Lakadas/Yohalem 954 771- 3/15/99 Joell Do not have a Landscape architect Engineering 0630 Solmer ENGINEERS -SURVEYORS & MAPPERS -GIs-PLANNERS -LANDSCAPE ARCHITECTS -ENVIRONMENTAL PROFESSIONALS �.1 ~800 North Douglas Road • Suite 200 Pembroke Pines, FL • 33024-3200 (954) 436-7000 • Fax; (954) 436-8664 www,millerlegg.com ILL Lm G Proposal No. 9903-09 Exhibit No. 1 #AS 70 C I A T E$. INC Addendum 99-02 Temp. Reso #8589 Proposal This proposal for professional services dated March 23, 1999 and Revised April 5, 1999 between City of Tamarac (Client) 7525 N.W. 88t1 Avenue Tamarac, Florida 33321 whose representative is Hashem Ali, Ph.D., P.E. and Miller, Legg & Associates, Inc. (MLA) (Consultant) is prepared in connection with Median Reconstruction, Landscaping and • Irrigation Design 1.0 OVERVIEW 1.1 Client requests MLA, the Design Professional, to submit a proposal outlining the scope of services and associated fees for the Project. 1.2 The Project is generally described as follows: preparation of design and construction documents for median reconstruction, landscaping, and irrigation for Brookwood Boulevard from N.W. 63rd Court to McNab Road; N.W. 70th Avenue from McNab Road to N.W. 76th Street; N.W. 701h Avenue from N.W. 571h Street to N.W. 63rd Court; N.W. 70th Avenue from N.W. 76" Street to N.W. 715t Avenue; N.W. 78th Street from University Drive to N.W. 80th Avenue, Mainland Drive from Commercial Boulevard to N.W. 46th Street and N.W. 82n1 Street between University Drive and N.W. 80th. Avenue. 2.0 ASSUMPTIONS 2.1 Client shall provide GIS computer generated mapping; suitable for use as of base mapping for the project. 2.2 Project shall be limited to medians of the roadway, with the exception of pavement crossing for irrigation piping and pump stations. Palm Beach Regional Office 1300 Corporate Center Way - Suite 201 - Wellington, FL • 33414-8593 • Phone: (561) 798-9981 - Fax: (561) 795-9408 Proposal No. 9903-09 • • Exhibit No. 1 Addendum 99-02 Tamp. Reso #8589 2.3 The Client shall provide the Consultant with locations for curb installation and replacement. Regrading of the roadway and correction of any drainage problem is not part of this Scope of Services. 2.4 The Consultant shall submit plans to the City for review at the 50%, 90%, and 100% complete stages of the design process. 3.0 SCOPE OF BASIC SERVICES AND FEE The Scope of Services to be provided by Consultant shall be divided into 5 tasks as follows: TASK 1. Planting Design A. Consultant shall conduct a field review to verify field conditions with the City Project Manager. During this field review, Consultant will document and locate existing trees within the medians of this roadway. BCDNRP will require a tree survey. The survey shall be signed and sealed by a landscape architect and shall be prepared in accordance with State Statute 21-H H F.A. C. B. Consultant will prepare computer generated base plans using GIS generated electronic mapping provided by the City. The consultant shall complete field verification of visible physical features within the medians. C. Consultant will then develop a planting plan for the medians that will improve the aesthetics and complement the adjacent existing residential areas by maximizing the use of existing median trees and incorporating new plant installations. Landscape items to be addressed in the design will include trees, shrubs, ground covers and sod areas. The planting design documents will include plans, details, quantities, notes and size specifications for the installation of the proposed landscaping. Design considerations shall include removal of existing problematic plants (clearing and grubbing), traffic sight distance, selection of drought tolerant species that require minimal maintenance. 2 Proposal No. 9903-09 Exhibit No. 1 Addendum 99-02 Temp. Reso #8589 D. The plans shall also show locations of curb replacement and new curb construction. Areas to receive concrete pavers will also be shown on the drawings. The location details and specifications for curb replacement and installation shall be shown on the plans E. Consultant shall submit applications for required permits. It is anticipated that permitting agencies include the City of Tamarac, Broward County Department of Natural Resources and Planning (BCDNRP), and South Florida Water Management District (SFWMD). TASK 2: Irrigation Design Consultant will develop irrigation construction documents. This design will provide the neessary irrigation water requirements to sustain plant material within the medians described in Task 1. The water source for the irrigation system shall be canals adjacent to the project site. Pump stations will withdraw water from the canals and deliver it to the medians. Consultant will detail and specify pump stations using manufacturers selected by the City. The irrigation construction documents will include all required irrigation materials, details, specifications, and notes for the irrigation installation. The plans shall indicate existing irrigation systems to be removed where applicable. TASK 3: Meetings Consultant will attend a maximum of four (4) meetings with the City during the design process. Additional meetings shall be invoiced on an hourly basis in accordance with the current contract. TASK 4: Cost Estimates Cost estimates for the proposed landscaping and median improvements will be prepared and submitted for the 50% and 100% submittals. TASK 5• BiddingAssistance/Contract_ Administration . . Consultant shall assist Client in bidding the site development work and in the preparation, negotiation and execution of contracts for the site development work on the project. 9 Proposal No. 9903-09 Exhibit No. 1 Addendum 99-02 Temp. Reso #8589 0 TASK 6: Construction Phase Services A. Preconstruction — Consultant shall attend preconstruction conference, review material shop drawings, and assist contractor prior to commencement of construction. B. Monthly Progress Meeting -- The Client shall attend monthly progress meetings to review completed construction and contractors pay requests. A maximum of four (4) meetings is anticipated. C. Statements of Work Completion — Shall include statement of work completion, review of "as -built" drawings submitted by the Contractor. TASK 7: Additional Services Consultant can provide additional services for the project if requested by the City. These services may include site, sidewalk and signage design, and construction observation. These services will be invoiced on an hourly basis as outlined in the current contract between the City of Tamarac and MLA. Deliverables 1. Four (4) sets of drawings for each of the tasks outlined in the Scope of Services. The scale of the plans shall be 1 ° = 30 ft. 2. The cost for reproductions will be included in the lump sum fee indicated below as stipulated in the current contract between the City and MLA. Schedule The 50% design plans and cost estimates shall be submitted to the City within one month of receipt of GIS mapping suitable for preparation of base maps. Ninety (90) percent plans and cost estimates shall be submitted to the City two weeks after receipt of 50% review comments from the City. Fee The lump sum fee for the Scope of Services described in this proposal shall be $41,184. Proposal No. 9903-09 Exhibit No. 1 Addendum 99-02 CLOSURE Temp. Reso #8589 This proposal represents the entire understanding between Client and Consultant. These may only be modified in writing signed by both parties. This proposal is valid for a period of 30 days. The undersigned have made and executed this agreement effective the day of , 1999. Consultant /JA- A f•.A-� Dan A. Tintner, P.E. Director of Engineering Miller, Legg & Associates, Inc. MDK/DES/ar Att. 9P990309.319 5 Client ems_ (1 Robert S. Noe, Jr. City Manager City of Tamarac Temp. Reso #8589 C vtIt'IttNC4Ca 040 N r Etq Q 0y O `- N NC�00 0 of r 3 cc � t 7-7 2 NU cc Itu)o rn 00 0 � CL U :3 o a a ❑ 000 NLOO c c0 cN N 6R _0 LL V N_ d03 ❑ U Q � U • GDNNNMN COCO) rr+rr M N 0 0 CD1-0 V r U d4 J N�N�CDCD r-NO Nw © It w p M EJ3 M V) c 0 � a m CD ���, co � D m c'Ln in C: w �•Q t � ❑ c CA 0 CA UA CA � 0QC r ., LL c �P c w c �, ca C1 N ca /cam ^ti`j j p C � j Uf �V •L y 0 O FL L�UmU /1 O ro w i1 OILD ! p Z NM-'ru7to N 0 cn U) N N cn UL V H HHH HHH EXHIBIT #2 Temp. Reso. #7328 APR 1 6 199fi Revision #1 3/13/96 Revision #2 3/22/96 TAMAnH;; CITY ENGINEER CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96 �;-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENTS WITH SIX (6) CONSULTING FIRMS TO PROVIDE ENGINEERING SERVICES TO THE CITY ON AN "AS -NEEDED" BASIS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac publicly advertised Expression of Interest No. 95-21 for Professional Engineering Services in the Fort Lauderdale News/Sun Sentinel on October 22 and 29, 1995; and WHEREAS, on November 28, 1995, the submittals from the following seventeen (17) firms were opened: 1. Carr Smith Associates 2. Craig A. Smith & Associates 3. Professional Services Industries, Inc.. 4. Bermello-Ajamil P & Partners, Inc. 5. Carnahan -Proctor and Associates, Inc. 6. Hartman & Associates, Inc... . 7. Keith and Schnars, P.A. 8. De Rose & Slopey Consulting Engineers, Inc. EXHIBIT #2 C� Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 9. Bailey Engineering Consultants, Inc. 10. Gee & Jenson, Engineers -Architects -Planners Inc. 11. LakdasNohalem Engineering, Inc. 12. Consul -Tech Engineering, Inc. 13. Miller, Legg & Associates, Inc. 14. Kimley-Horn and Associates, Inc. 15. Kisinger Campo and Associates, Corp. 16. Post, Buckley, Schuh & Jernigan, Inc. 17. Quentin L. Hampton Associates, Inc., Consulting Engineers; and • WHEREAS, the Public Works Director, City Engineer, and Stormwater Utility Engineer have reviewed the seventeen (17) submittals and recommend the appropriate • City Officials be authorized to execute agreements for professional engineering services on as "as -needed" basis with the following six (6) firms: 1. LakdasNohalem Engineering, Inc. 2. Quentin L. Hampton Associates., Inc. 3. Carnahan -Proctor and Associates, Inc. 4. Carr Smith Associates 5. Miller Legg Associate, Inc. 6. Professional Service Industries, Inc; and Pa EXHIBIT #2 C: Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 WHEREAS, the City Commission of the City of Tamarac, Florida deems it in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute and enter the City into an agreement with the six (6) firms listed above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That 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 the six (6) firms listed above, copies of which are attached hereto as "Composite Exhibit "A". Section 3: That if any clause, section, or part of 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 portion or application of this Resolution. y 3 EXHIBIT #2 C� • Temp. Reso. #7328 Revision #1 3/13/96 Revision #2 3/22/96 Section 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This resolution shall become effective immediately upon its passage and adoption. 14 PASSED, ADOPTED AND APPROVED this _day of `1 , 1996. ATTEST: QA&ROL A. EVANS C TY CLERK MITCHELL S. KRAFT CITY ATTORNEY ges/bl 3127/96 mtg. RECORD' OF COMMISSION VOTE MAYOR ABRAMOWIIZ- DIST.1: COMM. McKAYE DIST.2: COMM. MISHKIN DIST.3: QQMM. HREIB R DIST.4: V/M MACHEK 4 EXHIBIT #2 00 A ASSOCIATES, INC. Engineers / Planners Land Surveyors Environmental Professionals 1800 N.Douglas Road. Suite 200, Pembroke Pines, Florida 33024 (954) 436-7000 Fax: (954) 436-8664 CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES This Agreement, made and entered into and effective this day of 1996 by and between: CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and MILLER, LEGG AND ASSOCIATES, INC., hereinafter called "CONSULTANT" MLA PROJECT NO. 6903-01 WHEREAS, CITY requires professional engineering services on a continuing basis to perform such specific services as CITY may, from time to time, 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, CITY in accordance with Florida Statues Section 287.055, Consultants Competitive Negotiation Act, has selected "CONSULTANT" as one of the top six ranked firms determined by CITY to be most qualified to perform said continuing type Engineering 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: I.scom 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. Standard 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 proposed intent of the proposed projects. Standards of Design not available from CITY shall be developed by . CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including but not limited to services as Consulting Engineer with respect to surveying/civil engineering services. ,n. T•,.n�r�� n ,,,.1`tcnr. EXHIBIT #2 Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and 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 ATIFNDANCE AI MEEIINCiS. 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 task - such as a meeting at which CONSULTANT's specialized knowledge is needed by CITY, or a meeting conducted so as to develop or disseminate criteria or data 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. In order to minimize administration, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT's Job Number for that task hereby is established as 6903-01-30. 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 Job Number 6903-01-30 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 Job Number 6903-01-30 will identify the specific meetings to which they apply. All fees for services on Job Number 6903-01-30 will be compensated as defined in Section M.A. herein. B. . 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. QMER SERVICES, Upon determination by CITY that is in need of engineering services of one of the type listed below, it may issue a separate written authorization for 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 preparation of construction documents, assistance during bidding and award of contract, preparing a tabulation of the bids received, and provide a written recommendation for contract awards. Tamarac.Agr/3596 2 . EXHIBIT #2 • 4. Surveys, property plats and descriptions. 11 5. Assistance with CADD and GIS applications. 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 to CITY's Capital Improvement Project Number and title if applicable, dated, approved by City Commission if required, and signed by CITY's and CONSULTANT's representatives. Each Addendum, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each written authorization shall include a description of the scope of services, time of completion and method of compensation for services. Approval by City Commission and signature by authorized representatives to CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that authorization. H. CITY FURNISHED ITEMS A. CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instruction to CONSULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the Director of Public Works and the City Manager each shall be so authorized and this Agreement shall constitute the required written designation. B. CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing records, data, and physical facilities. In addition, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring reports related to the physical and financial status of its utilities, and all correspondence related thereto. Tamarac. Agr/3596 3 EXHIBIT #2 • • C. C. CITY shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State or Federal authorities and shall secure the necessary land, easements, and rights -of -way. In order to expedite the 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, without regard to the types of fees applicable to the project involved. FEES AND PAYMENTS /:11 Each written authorization for an individual task 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.Actual Direct Sal= Cost Plus a PerceW of Actual Dimct Salary CQsls Plus 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. This base hourly rate, limited to the work classifications as listed in Exhibit "A", are attached hereto, shall be used to calculate all times directly chargeable to any authorized assignment. The percent of actual direct hourly wages for CONSULTANT's office staff employees shall be 200 percent of actual hourly wages 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 defined hereinbefore). 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 not be limited to necessary transportation costs, including mileage at CITY's current rate per mile when CONSULTANT's own automobiles _ p are use outside Broward County, meals and lodging outside Broward County, laboratory tests and analyses, computer services, use of compufdts for CADD and word processing, automatic typing equipment, long distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by CITY, and additional ten percent (10%) of the cost of these services shall be added for CONSULTANT's administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced by seven percent (7 %). Tamarac. Agr/3596 n EXHIBIT #2 • 2. Under certain conditions, CITY may accept: • A. Fixed Lumn Sum Fees, provided CONSULTANT can substantiate his costs and profit, margin, and CITY determines its reasonableness. B. Cost Plus A Fixed_Fee, provided CONSULTANT can substantiate his costs and the fixed fee margin is accepted by CITY as reasonable. B. 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, unless some other mutually agreeable period of required payment is established in authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Commission, which normally holds scheduled meetings on the second and fourth Wednesday of each month. However, each year the Commission is in recess during the month of August. Therefore, if, the agreed period of required payment for any invoice should end during the period from the eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that invoice shall be extended so as to end on the third Wednesday in September. CONSULTANT shall submit monthly invoices to CITY through the Public Works Director. The Director 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. 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, except for oral authorizations regarding Job Number 6903-01-30, as noted hereinbefore. Each separate task authorization shall include information as to start and completion times for that task. Tamarac. Agr/3596 5 EXHIBIT #2 is C. MISCELLANEOUS PROVISIONS A. _BOOKS OF_ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at CONSULTANT's offices located at 1800 N. Douglas Road, Suite 200, Pembroke Pines, Florida 33024. Official Books and Accounts of CONSULTANT are kept and maintained at said office. B. INSURANCE Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to CITY certificates of insurance duly executed by the officers or authorized representatives of a responsible insurance company, evidencing the following minimum coverages and specifically identifying CITY as an additional insured, which insurance will be noncancellable, except upon ten (10) days prior written notice to CITY. Individual Occurrence Aggregate Public Liability Bodily Injury, Including Death and Property Damage $2,000,000 $4,000,000 Automobile Liability Bodily Injury, Including Death and Property Damage $1,000,000 $1,000,000 Professional Liability $1,000,000 All premiums shall be at the expense of CONSULTANT. C. . CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidenced by the certificate of insurance which is attached to this Agreement. D. . In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY considers to be its own best interests, CONSULTANT shall not be entitled to any further payment for such work or 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. Tamarac. Agr/3596 6 EXHIBIT #2 40 E. 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. F. DISPUTES AND INTEE2RETATION. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of CITY shall be final and enforceable 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 in accordance with the rules of the American Association then obtaining, should both parties consent to participate in arbitration. 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. a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical • representation. L� b. Rights in Data. All data developed pursuant to this Agreement shall be the property of CITY and CITY shall have the full right to use such data for any official purpose permitted under Florida Statues, including making it available to the general public. Such use shall be without any additional payment to or approval by CONSULTANT. 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 a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other purposes than those intended without the express written permission of CONSULTANT. CITY shall hold CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of CONSULTANT's data and plans, without the specific adaptation by and consent of CONSULTANT. C. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copyrights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefore. Tamarac.Agr/3596 7 EXHIBIT #2 CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CONSULTANT to use such copyrights matter in the manner provided herein. H. CQMPT LANCE WITH LAWS. CONSULTANT shall fully obey and comply with all 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. I. . CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harassment. J. SUBCONTRACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some specialty subconsultant work is permissible wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. ASSIGNMENT. CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder with the prior written consent of CITY. L. CONSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that CONSULTANT has no control over cost of labor and materials, or over the Contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that it cannot and does not guarantee that proposals, bids or the project construction costs will not vary from its cost estimates. M. 511F, 3aSITS. Visits to the construction site and observations made by CONSULTANT as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his/her 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. Tamarac. Agr/3596 8 EXHIBIT #2 N. ONSITE MQNITORING. 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 all construction work in accordance with the Contract Documents. O. TIME OF PERFORMANCE. CONSULTANT shall commence performance on each specific authorization upon receipt of written Notice to Proceed from CITY. The work shall be completed in accordance with the schedule included in the authorization. P. 0BLIQAJJQNS OF CITY TQ 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 for all necessary approvals from all City of Tamarac departments and administration of public meetings in CITY. CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist CITY in conducting all meetings. Q. 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, it shall be corrected by CONSULTANT 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 and failure to do so shall allow such corrective action as necessary to be billable to CITY. 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. R. EXTRA SERVICES. If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution of a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances 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. Tamarac. Agr/3596 9 EXHIBIT #2 S. CQNSULTANT's REPRE5ENT,ATIVE• 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. T. WRITTEN NOTIIICATION. 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: Robert S. Noe, Jr. City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 With copy to: Mitchell Kraft City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 For CONSULTANT: Robert H. Miller, P.E. President Miller, Legg & Associates, Inc. 1800 N. Douglas Road, Suite 200 Pembroke Pines Florida 33024 U. TEEMINATION 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. Tamarac, Agr/3596 10 EXHIBIT #2 In no case shall CITY be liable for damages to CONSULTANT as a result of CI'TY'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. V. NON-EXCLUSIVE AGREEMENT. CITY reserves the right to contract other engineering firms as Consultant Engineers pursuant to the "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. W. I1N12EMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs, and assigns hereby agree to indemnify and hold harmless the City of Tamarac and/or its officers, agents or employees acting within the scope of their employment from any suit, claim, liability, loss or damage (including reasonable attorney's fees) arising out of or in connection with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant to this Agreement. X. 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. Y. ATTORNEYS' • Should CITY successfully bring any manner of legal action against CONSULTANT, or successfully defend against any suit brought by CONSULTANT, arising out of or in connection with disagreement, CONSULTANT agrees to pay all reasonable attorneys' fees as well as costs incurred by CITY in bringing or defending such an action. Z. MODIFICATIQhl CLAUSE. It is further agreed that no modification, amendment or alteration in the terms or 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. AA. AUTHORIZINQ ACTION. This Agreement is entered into by CITY pursuant to Motio Resolution of the City Commission passed at a meeting held on 1996. Tamarac. Agr/3596 11 EXHIBIT #2 * WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. MILLER, LEGG & ASSOCIATES, INC By: -� Robert H. Miller, F.E., President ATTEST: By:llt�____ Kevin M. Hart, Corporate Secretary • 11 [SEAL] mmaae.96a CITY OF TAMARAC By: b'�M�dty Orman Abramowitz, Mayor Y Robert S. Noe, Jr., City ManagerT ATTEST: By:74 Carol Evans, City Clerk Approved as to Form: jBy:- Mitchell Kraft Attorney for the City of Tamarac Tamarac. Agr/3596 12 [SEAL] EXHIBIT #2 11 EXHIBIT "A" MILLER, LEGG & ASSOCIATES, INC. 1996 HOURLY, RAIE SQHE12ULE TITLE HOURLY Senior Principal RATE $150 Principal $135 Director of Planning $110 Senior Project Manager $110 Project Manager $ 90 Professional Land Surveyor $ 90 • Landscape Architect $ 90 Project Engineer/Surveyor $ 75 Biologist $ 75 Director of Field Services $ 70 Senior CAD Technician (w/computer) $ 65 Planning/Surveying Technician $ 65 Field Representative $ 55 CAD Technician (w/computer) $ 50 Engineering/Environmental Assistant $ 50 Drafter $ 40 Administrative $ 40 Survey Parties (Time on site) . 2 person crew $ 90 3 person crew $120 4 person crew $145 NOTE: These rates are subject to change after January 1, 1997 EXHIBIT #2 11 EXHIBIT "B" SCHEDULE OF REIMBURSABLE EXPENSES AND OTHER CHARGES EFFECTIVE JANUARY 1, 1996 OTHER CHARGES L Expert Witness Services a. "On -Call" Time at Courtroom and Testimony = $200.00/Hr. (Min. Chg. 4 Hrs/Day) 2. Transportation and Travel a. Transportation Fares, Lodging and Subsistence — Cost Plus 10% b. Automobile Mileage = $.30 Per Mile 3. Reproductions a. Blueline (In -House) _ $ 0.20/Sq. Ft. b. Sepia Prints = $ 0.50 Sq. Ft. C. Mylar Reproducibles = $2.00/Sq. Ft. d. Vacuum Printer — $2.00/Sq. Ft. e. Xerox (Standard) Copies — $0.10/Sheet/Side f. Xerox (2080 Copier) Prints - Bond or Vellum = $1.50/Sq. Ft.* g. Reproducibles (Outside Service) — Cost Plus 10% 4. Recording and Permits Fees = Cost Plus 10% 5. Services of Outside Consultants = Cost Plus 10% (for services (Electrical/Mechanical Engineering, Environmental Consultants under $10,000) Engineering Testing Laboratories, Photogrammetry, Title and = Cost Plus 7 % (for services Abstracting Services and Other Outside Consulting Services) over $10,000) 6. Special Field Supplies = At Cost 7. Electronic Survey Equipment a. Modular Survey System (Total Station) — $10.00/Hr. 8. Computer Aided Design/Drafting (CARD) 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% 10. Telecommunication Services -- $1.50/Direct Hour 11. Document Processing Services — $2.00/Direct Hour * Based on 2 foot width times length of stock used. ** Per hour of actual computer use. Charge includes in-house software library necessary for system operation but does not include operator. NOTE: These rates are subject to change after January 1, 1997.