HomeMy WebLinkAboutCity of Tamarac Resolution R-98-194Temp. Reso. #8302, May 9, 1998 1
Revision #1, July 2, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98— / q41
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
ENGINEERING AGREEMENT WITH CAMP, DRESSER
AND MCKEE, INC. TO PROVIDE PRELIMINARY DESIGN,
FINAL DESIGN, BIDDING SERVICES AND
CONSTRUCTION ADMINISTRATION SERVICES FOR THE
CONSTRUCTION OF A TWO MILLION GALLON WATER
STORAGE TANK AND ASSOCIATED NECESSARY
IMPROVEMENTS AT THE WATER TREATMENT PLANT
SITE FOR A PROPOSED AMOUNT NOT TO EXCEED
$198,800.00, AND APPROVE FUNDING IN THE AMOUNT
OF $198,800.00 FROM THE APPROPRIATE UTILITIES
OPERATIONAL AND CIAC ACCOUNTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the mission of the City of Tamarac Utilities Department's Water
Treatment Plant is to provide an adequate supply of potable water to all consumers at
all times; and
WHEREAS, water storage reservoirs and associated pump houses play integral
roles in the overall supply and distribution system; and
WHEREAS, a storage reservoir provides a number of functions for the successful
operation of the water supply system including the balance of high water demands,
provision of reserved capacity exclusively for fire fighting purposes, provision of supply
during emergency events, and to maintain adequate pressure throughout the system
during high demands; and
WHEREAS, the City of Tamarac continues to experience an increase in water
demand due to growth in population and business establishments; and
Temp. Reso. #8302, May 9, 1998 2
Revision #1, July 2, 1998
WHEREAS, the current total water storage capacity of four million gallons is
inadequate to serve the City's future water demand and fire flow needs; and
WHEREAS, in accordance with the City's mandate to ensure the provision of
adequate water supply to all citizens and business owners, the City Commission in
FY97 and FY98 approved a budget to permit the design of an additional two million
gallon water storage reservoir at the Water Treatment Plant that is shown in "Exhibit 1
and
WHEREAS, the City of Tamarac advertised for Request for Letter of Interest and
Qualification Statements for Engineering Services, and received proposals from the
following firms:
1.
Hartman and Associates, Inc.
2.
Metcalf and Eddy, Inc.
3.
Reese, Macon and Associates, Inc.
4.
Camp, Dresser and McKee, Inc.
5.
Hazen and Sawyer
6.
Williams, Hatfield and Stoner, Inc.
7.
Montgomery Watson
8.
Eckler Engineering, Inc.
WHEREAS, a Selection and Evaluation Committee consisting of Purchasing and
Contract Manager, Director of Utilities, Utilities Engineer and Water Plant
Superintendent reviewed all proposals received, and short listed the following firms for
technical presentations and interviews:
1. Hartman and Associates, Inc.
2. Camp, Dresser and McKee, Inc.
3. Montgomery Watson
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Temp. Reso. #8302, May 9, 1998 3
Revision #1, July 2, 1998
WHEREAS, the Selection and Evaluation Committee determined that the
qualifications and experience of Camp, Dresser and McKee, Inc. best serves the needs
of the City on this project; and
WHEREAS, it is the recommendation of the Director of Utilities that the
Engineering Agreement with Camp, Dresser and McKee, Inc. that is shown in "Exhibit
2", to provide preliminary design, final design, bidding services and construction
administration services for the two million gallon water storage reservoir and associated
necessary improvements at the Water Treatment Plant site project be approved,
executed, and funded; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to execute the
Engineering Agreement with Camp, Dresser and McKee, Inc. to provide preliminary
design, final design, bidding services and construction administration services for the
construction of a two million gallon water storage reservoir and associated necessary
improvements at the Water Treatment Plant site for a proposed amount not to exceed
$198,800.00, and to provide for funding in the amount of $198,800.00 from the
appropriate Utilities Operational and CIAC accounts.
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.
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Temp. Reso. #8302, May 9, 1998 4
Revision #1, July 2, 1998
SECTION 2: That the appropriate City Officials are hereby authorized to
accept and execute the City of Tamarac Consulting Engineering Services Agreement
with Camp, Dresser and McKee, Inc. (attached hereto as Exhibit 2) to provide
preliminary design, final design, bidding services and construction administration
services for the construction of a two million gallon water storage reservoir and
associated necessary improvements at the Water Treatment Plant site for a proposed
amount not to exceed $198,800.00.
SECTION 3: That $198,800.00 is approved to be funded from the
appropriate budgeted Utilities Operational and CIAC accounts.
SECTION 4: That the City Manager, or his designee, be authorized to
make changes, issue change orders not to exceed $10,000.00 per Section 6-156 (b) of
the City Code, and close the contract award including, but not limited to making final
payment within the terms and conditions of the contract and within the contract price.
SECTION 5: All Resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Temp. Reso. #8302, May 9, 1998 5
Revision #1, July 2, 1998
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SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ?day of
..;
JOE S HREIBER
MAYOR:
ATTEST:
d -0-a
CAR GOLD, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to form.
TR/tk
Ll
RECORD OF COMMISSIOJV VOTE
MAYOR SCHREIBER G
DIST 1: COMM. MCKAYE C�_0_1
DIST 2: WM MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
CITY OF TAMARAC
0
CONSULTING ENGINEERING SERVICES AGREEMENT
This Agreement, made and entered into and effective this �' day of `��% , 1998 by and
between:
CITY OF TAMARAC, a municipal corporation, created pursuant
to the Laws of the State of Florida, hereinafter called "CITY",
and
Camp Dresser & McKee Inc., hereinafter called "CONSULTANT"
WITNESSETH:
WHEREAS, CITY requires professional engineering services to perform Two -Million Gallon Water
Storage Tank Design and Related Construction Management Services (LOI No. 97-L-23); 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 the firm determined by CITY to be most qualified
to perform said type Engineering services as 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.
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 as
Consulting Engineer for the design, permitting and bidding assistance, and services during
construction, for the Two -Million Gallon Storage Tank project in accordance with Exhibit "A" -
Scope of Work, as attached and made part of this Agreement. The specific services which
CONSULTANT agrees to furnish and the terms and conditions for such services are as
follows:
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A. Special Reports and Studies.
B. Assistance in securing, monitoring and complying with County, State, or Federal
Grants and Permits.
C. Engineering Design, including, but not limited to, 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.
1. Site inspections, data collection and reviews.
2. Evaluate design options and establish design criteria.
3. Prepare 30%, 60%, and 90% plans and specifications for review by CITY.
4. Prepare probable cost of construction.
5. Permitting assistance with CITY Building Departments and Regulatory Agency
construction permits.
6. Assistance during bidding and award, addenda, bid opening, bid tabulation,
and recommendation of award.
D. Surveys, property plats and descriptions.
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 work authorization.
II. CITY FURNISHED ITEMS
A. CITYshall 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 Utilities and the City Manager each shall be so authorized and this
Agreement shall constitute the required written designation.
B. CITYshall 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.
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.
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D. CITY shall provide further data and assistance as may be identified in the work
authorization.
FEES AND PAYMENTS
A. Each written authorization (Exhibit "A") shall include specific information as to the
type and magnitude of fees to be paid for that work authorization. The types of fee
contemplated are:
Schedule of Hourly Rates Plus Reim_b_ursement for Non -Salary Costs.
Prevailing hourly rates for employees actually working on an authorized
assignment. CONSULTANT's current Schedule of Hourly Rates for personnel
is set forth in Exhibit "B" which is identified, attached to and made part of this
Agreement. Per Exhibit A, the total not to exceed fee is $198,800, which
includes labor, outside professionals, and permit fees, and a lump sum of
$6,450.00 for non -salary other direct costs.
CONSULTANT's non -salary costs are defined as the costs incurred on or
directly for an authorized assignment, other than the Hourly Rates (as defined
hereinbefore) outside professionals, and permit fees. Such non -salary other
direct costs (Schedule for Reimbursable expenses) is set forth in Exhibit "C"
which is identified, attached to and made a part of this Agreement.
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 thirty (30th) day after the
date of invoice, unless some other mutually agreeable period of required payment is
established in the work authorization.
C. CONSULTANTshall submit monthly invoices to CITY through the Director of Utilities.
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. For cost plus a fixed fee or Actual Direct
Salary Cost Plus, 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
A. It is understood that this Agreement is a consulting engineering services 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. Each separate written work
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authorization shall include information as to start and completion times for that
authorization.
V. MISCELLANEOUS PROVISIONS
A. BOOKS OF AQQOUNT. CONSULTANT will maintain records of payroll costs,
travel, subsistence, field and incidental expenses applicable to the work
authorization. Said records will be available for examination by CITY at
CONSULTANT's offices.
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
0opurre1igg Aaareaate
Public Liability
Bodily Injury, Including Death and
Property Damage $1,000,000 $2,000,000
Automobile Liability
Bodily Injury, Including Death and
Property Damage $1,000,000 $1,000,000
Professional Liability $2,000,000
All premiums shall be at the expense of CONSULTANT.
C. MRKERS' COMPENSATION. 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 on record with the City.
D. INTERRUEDON: POSTPONEMENT: ABANDONM N. 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.
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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 INT-ERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of CITY shall be subject
to review de nova 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.
G. RIGHTS IN DATA: PYRIGHTS 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. All data developed pursuant to this Agreement shall be the
p p g
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.
3. 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. 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
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copyright CITY for CONSULTANT to use such copyrights matter in the
manner provided herein.
4. Notwithstanding any other provision of this Agreement, all of CONSULTANT's
pre-existing or proprietary computer programs, software, information or
materials developed by CONSULTANT outside of this Agreement shall remain
the exclusive property of CONSULTANT.
H. COMPLIANCE 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. ANTI -DISCRIMINATION. 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
0 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. SITE VISITS. 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.
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N. QNSITE 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 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. OBLIGATIQN5 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
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. MONITQRIN(3. 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. Any such interruption or postponement of the work
shall not exceed more than sixty (60) calendar days without consideration for
additional compensation to the CONSULTANT.
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S. 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.
T. 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: Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
With copy to: Mitchell S. Kraft
City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
For CONSULTANT: Victor J. Pujals, P.E., DEE
Vice President
Camp Dresser & McKee Inc.
6365 N.W. 6th Way, Suite 320
Fort Lauderdale, Florida 33309
U. 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.
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V. NON-EXCLUSIVE AG.I E� MENT. 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. INDEMNIFICATION. 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) to the
extent caused by or arising out of or in connection with CONSULTANT's negligent
acts, errors or omissions in the performance of CONSULTANT's duties and
responsibilities pursuant to this Agreement.
X. DISCRIMINATION CLAUSE. CONSULTANT agrees that in the performance of this
Agreement, that it will not discriminate or permit discrimination in its hiring practices
or in the performance of this Agreement against any person on the basis of race, sex,
religion, political affiliation, handicap or national origin.
Y. ATTORNEY$' FEES. Should CITY or CONSULTANT successfully bring any manner
of legal action against the other party, or successfully defend against any suit brought
by the other party, arising out of or in connection with disagreement, the prevailing
party to any legal action arising out of or in connection with this Agreement shall be
entitled to recover its reasonable attorney's fees from the other party.
Z. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to
Mot/Resolution of the City Council passed at a meeting held on
T g , 1998. 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. VENUE. This Agreement shall be governed by the laws of the State of Florida as
now and hereinafter in force. The venue for actions arising out of this Agreement is
fixed in Broward County, Florida.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. City of Tamarac, through its, Mayor and Camp Dresser and
McKee Inc., signing by and through Victor J. Pujals, Vice President, duly authorized to execute
same.
.ATTEST'
"Zv
Carol Go , CMC/AAE
City Clerk
Date: 19 4
� s S. Lackman
or orate Secretary
[SEAL]
CITY OF TAMARAC
By:
06Le—
oe Schreiber, Mayor
Date: e 9P
Robert S. Noe, Jr., City Mana er
Date: jcjo R' 199&
as tifform
MitcIfell S. Kraft,
legal sufficiency:
Attorney
CAMP DRESSER & McKEE INC.
Victor J. Puja s, P.E
Vice President
Date:
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EXHIBIT A
SCOPE OF WORK
2.0 MG WATER STORAGE TANK &
WATER TREATMENT PLANT IMPROVEMENTS
INTRODUCTION
The herein proposed scope of work is for engineering services starting with preliminary design
through construction of a 2.0 Million Gallon (MG) Water Storage Tank and Associated Water
Treatment Plant Improvements for the City of Tamarac. This Scope of Work is divided into
Tasks associated with engineering services during the design, permitting, bidding, and
construction of the project. The design phase of the project will consist of preliminary design
(30%), followed by detailed design (60%), and final design (90%) preparation of drawings and
specifications. Preliminary design will include a design report with the basis of detailed and final
design for the following considerations.
The location of the proposed 2.0 MG water storage tank within the west side of the water
treatment plant. One option was to locate the tank on the east side of the water plant, but the
available land space in this area is limited. Thus, the preferred option is to locate the tank on the
west side of the plant south of the chlorination facilities. The west site location will require the
demolition of any remaining underground wastewater plant structures and relocation of
conflicting sewer mains for lift station No. 53. A survey of the water plant project site will be
undertaken to assist in evaluating this location and for use in developing the project drawings.
An altitude valve may be required on the influent line of the existing 1.0 MG storage tank for the
proper operation of the two tanks dependent on the high water level differential between the two
tanks.
The addition of a second water storage tank at the site will impact the water plant pumping
facilities. The existing high service pumping (HSP) configuration will be analyzed to determine
additional pumping requirements. Replacement of the existing HSPs over the clearwell with
exterior HSP for the new tank will be evaluated. It is anticipated that at least one, and possibly
the two smaller, HSP will remain at the clearwell to maintain the flexibility of pumping directly
into the system. A variable frequency drive (VFD) will be provided for one of the new HSPs.
The transfer pumps, also located at the clearwell, will be analyzed to determine any required
modifications due to the new tank. The CITY has indicated some concerns with the hydraulics at
the clearwell which will be investigated during preliminary design by evaluating the existing
clearwell conditions against the Hydraulic Institute Standards. Structural modifications, if
any, within the clearwell are not included in the scope of this proposal.
A second distribution main, with flowmeter and fluoride injection point, leaving the water plant
on the east side will be provided. Routing of this main within the water plant will depend on the
location of the 2 MG storage tank. Outside of the water plant the distribution main will be routed
north along NW 77th Way and then east connecting to the existing water main along University
MCO252\6/5/98
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Drive. Impact and modifications to the existing fluoride feed system will be evaluated. It is
assumed that required modifications will be limited to the chemical metering pumps and double
walled chemical feed piping to the proposed injection point. It is not anticipated that a separate
fluoride facility or additional fluoride storage is required, and thus will be considered beyond the
scope of this proposal.
Impact and modifications to the existing chlorine feed system will be evaluated. The CITY
currently pre -chlorinates at the Accelators with no post -chlorination. The impact of a second
storage tank and associated additional detention time on chlorine disinfection/residual will be
evaluated to determine the need to implement post -chlorination downstream of the high service
pumps. It is assumed that modifications to the chlorination system will be limited to additional
post -chlorination feed piping and injection points and not to the storage area itself.
Electrical and control needs associated with additional/modification of pumping at the site will
be determined. The water plant's existing electrical room has very limited space for additional
equipment, thus, it is expected that a separate air conditioned (wall mounted) electrical room near
the new storage tank and pumping facilities will be required to house the HSP motor control
center, VFD and pump control panels, and other electrical and control equipment. It is assumed
that any emergency power needs will be met by the current system and that monitoring and
controls will be the same as that for the existing system. Instrumentation and Control
requirements for the new facilities will be coordinated with the concurrent SCADA system
implementation project by others.
A preliminary design report will be prepared along with the 30% complete drawings presenting
the proposed design of the areas of work discussed above.
Assistance with permitting will be provided during final design. Bidding services assistance will
follow final design. Upon award of construction of the project, CONSULTANT will provide
construction related services during an assumed 360 calendar days construction period.
The following Tasks present the proposed scope of work to be provided by the CONSULTANT
under this project.
TASK 1.0 - DESIGN
This task focuses on obtaining and evaluating the necessary preliminary information and consists
of undertaking an appropriate level of engineering to analyze design requirements for this
project.
1.1 Perform inspection of project site and existing equipment to determine design options and
to review pertinent features and field conditions.
1.2 Collect and review data available on water quality, existing facilities, including field
. conditions, record drawings, and determine any location restriction requirements. Meet
MCO25216/5/98
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11
with appropriate CITY Staff to discuss the project and determine final design
requirements.
1.3 Obtain copies of CITY standard front-end documents and Purchasing Department
procedures. Develop contract forms, bidding instructions, and administrative procedures
utilizing the CITY's standard "front end" and the 1990 EJCDC documents.
1.4 Establish design criteria at each of the proposed areas of work based on the information
obtained in the above tasks. The following design alternatives and requirements will be
analyzed and a recommendation will be made:
■ Location of Storage Tank (East vs. West side of plant)
■ High Service Pumping Relocation/Addition
■ Impact and Modifications to Transfer Pumps
■ Clearwell Hydraulics Evaluation
■ Yard Piping and Distribution Main Routing
■ Impact and Modifications to Fluoride Feed System
■ Impact and Modifications to Chlorine Feed System
■ Electrical and Instrumentation Requirements
1.5 Prepare 30 percent complete drawings along with a preliminary design report with the
basis of final design. Include a copy of the proposed Division O, non -technical
bidding/contract documents along with a list of the Table of Contents for project
specifications Divisions 1 to 16.
1.6 Prepare a preliminary probable cost of construction for the proposed improvements to be
included with the preliminary design (30% complete) submittals.
1.7 Prepare detailed drawings for the proposed facilities. These drawings will provide
detailed information on the location of the proposed structures, equipment, buried
facilities, site amenities, work at existing facilities, and details necessary to construct the
project. A tentative list of final design drawings to be included in this project is presented
in Table 1.
1.8 Prepare specifications, utilizing CSI's sixteen -division, three-part format, and consisting
of written technical description of materials, equipment, construction systems, standards,
and workmanship as applied to this project.
1.9 Submit the above documents to the CITY for review after detailed design (60% complete)
and final design (90% complete).
MCO25256/5/98
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•
•
10.13.11DI1
CITY OF TAMARAC
2.0 MG WATER STORAGE TANK
PRELIMINARY DRAWINGS LIST
Drawing
-SUgl No. Title
General
G-0
Cover Sheet
G-1
Index and Legend
G-2
Abbreviations and Symbols
Civil
C-1
Project Site Survey
C-2
Plot Plan and Boring Location
C-3
Yard Piping Plan
CD-1 Yard Structures/Details
CD-2 Civil Details
CD-3 Water Main Testing and Disinfection Details and Specifications
Structural
S-1 Structural General Notes and Abbreviations
S-2 2.0 Million Gallon Storage Tank - Plan, Sections and Details
S-3 Valve Pit, Drain Pit and Storage Tank Foundations
S-4 Electrical Building - Plan and Elevations
S-5 Standard and Typical Structural Details
Mechanical
M-1
2.0-MG Storage Tank - Plan and Details
M-2
2.0-MG Storage Tank - Miscellaneous Tank Details
M-3
Fluoride System Details and Schematic
M-4
HSP and Transfer Pumping Modifications
MD-1
Pipe support and Hanger Details
MD-2
Valve and Meter Pit Details
MD-3
Miscellaneous Mechanical Details
MCO253\6/5/98
0
Elegtrical
•
•
E-1
Electrical Symbols and Abbreviations
E-2
Electrical Site Plan
E-3
MCC Single Line Power Diagram
E-4
Elementary Diagrams
E-5
Electrical Building Power and Lighting Plan
E-6
Electrical Schedules and Details
E-7
Instrumentation and Control Riser
ED-1 Miscellaneous Electrical Details
JDatrumentation
I-1 Instrumentation Legend Sheet
I-2 Process and Instrumentation Diagram
I-3 Loop Diagrams
I-4 Loop Diagrams
I-5 Instrumentation Installation Details
MCO253\6/5/98
•
TASK 2.0 - PROJECT AND QUALITY MANAGEMENT
The project/quality management task is comprised of the following elements:
■ Preparation of Status Reports - CONSULTANT's project manager will prepare
monthly written progress reports summarizing activities completed, work remaining,
and identifying any problems which have occurred or anticipated needs.
■ Quality Control/Technical Review - CONSULTANT will undertake formal project
reviews with CITY representatives shortly after each of the three progress submittals
(30/60/90% complete).
This task consists of the preparation of necessary construction permit applications to the various
regulatory agencies and CITY Building Department having jurisdiction on this project. The
proposed scope includes preparation of responses to request for additional information
from each agency. Permit/approvals may be required from the following:
3.1 FDEP / BCHD construction permit.
3.2 BCDNRP review and approval stamp.
3.3 CDM will provide 60 and 90 percent complete plans and specifications to the CITY for
submittal to the CITY's Building Department for initiation of this process in advance of
the contractor obtaining the final building permit.
3.4 An FDOT "No -Fee" Utility Permit approval will be required for the tie-in of the
distribution main under University Drive.
This proposal assumes a "No Notice" General Permit associated with the SFWMD based on a
less than 10 acres project site and scope of construction work. Although no additional permits
are anticipated, any other regulatory agency permits required beyond those noted above will be
considered as outside the scope of this proposal. Permit fees will be provided by
CONSULTANT.
This proposal allows for the following estimated permitting associated fees:
a. BCHD/FDEP construction permit total application fee of $2,120.00 consisting of
$2,000.00 DEP permit fee for major modifications to systems of 1 MGD or greater
capacities, plus $120.00 BCHD permit fee for storage facilities having capacities
between 1.0 and 2.0 MGD.
MCO252\6/5/98
-6-
b. BCHD Request for Letter of Clearance Fee of $40.00 due upon completion of
construction.
c. BCDNRP estimated review/approval fee of $100.00.
d. CITY permit reviews - fee waived.
TASK 4.0 - BIDDING ASSISTANCE
CONSULTANT will assist the CITY in obtaining bids for the construction of the project and
assist the CITY in evaluating the bids. CONSULTANT activities will be as follows:
4.1 Prior to receipt of bids, coordinating the advertisement of the bid by the CITY's
Purchasing Department.
4.2 CONSULTANT will assist the CITY in responding to requests for clarification during the
bidding period and prepare addenda as required for issuance by the CITY. Preparation of
addenda, if any, for purposes other than clarifications of the project documents are
beyond the scope of this proposal.
4.3 Updating the opinion of probable cost for the project in accordance with the bid form.
4.4 CONSULTANT will attend the bid opening and will assist the CITY in tabulating and
evaluating the bid results and preparing a recommendation on the award of the
Construction Contract.
The CITY will be responsible for advertising the project. The CITY will administer the issuance
of bidding documents and addenda to be provided by CONSULTANT among interested bidders.
Cost of production of the bidding documents will be incurred by CONSULTANT with
reimbursement through the selling of the bid documents to interested bidders (i.e., checks, or
other form of acceptable payment, will be made payable to the CONSULTANT). The CITY will
prepare and coordinate the formal contract documents for award and execution.
TASK 5.0 - GENERAL OBSERVAT D INSPEC ONOF--CQNST&QCJJQN
CONSULTANT shall provide Engineering Services during an estimated 360 calendar days
contract construction period. Services during construction shall include General Observations
and Inspection of Construction and Consultant's Resident Project Representative services.
5.1 Consult with and advise the CITY and act as its representative as provided in the General
Conditions of the Construction Contract. Issue instructions of the CITY to the
Contractor; issue necessary sketches, interpretations and clarifications of the Contract
Documents; have authority, as the CITY's representative, to require special inspection or
MCO25 W5/98
-7-
testing of the work by the Contractor; and act as initial interpreter of the requirements of
the Contract Documents pertaining to the execution and progress of the work.
5.2 CONSULTANT's Engineer shall make monthly visits to the site during an assumed nine
months of field activities to observe and inspect as an experienced and qualified design
professional the progress of the executed work of the Contractor and to determine in
general if such work is proceeding in accordance with the Contract Documents. During
such visits and on the basis of on -site observations and inspections, the CONSULTANT
shall keep the CITY informed of the progress of the work, shall endeavor to guard the
CITY against defects and deficiencies in such work and may disapprove or reject work as
failing to conform to the Contract Documents.
A CONSULTANT's Resident Project Representative shall be provided during an
assumed nine months of field activities. The CITY will make available a project
representative for inspection limited to water main installation, and keep the
CONSULTANT informed on ongoing construction activities through reports and other
communications as appropriate.
When overtime inspection by the CONSULTANT's representative is for the convenience
of the Contractor, the costs of this overtime shall be billed to the Contractor in accordance
with the Contract Documents. The CONSULTANT reserves the right to request
additional compensation, should construction extend beyond the Substantial and/or Final
Acceptance periods except for delays resulting from acts or omissions of the
CONSULTANT.
5.3 Provide services in connection with preparing a final reconciliation change order to
reflect adjustments to the construction project due to unknowns encountered during
construction.
5.4 Review and approval of shop drawings and samples, the results of tests and inspections
and other data which the Contractor is required to submit. The Contractor will be required
to submit all shop drawings within 60 days from notice to proceed, and prior to
commencing field activities. Substitutions by the Contractor requiring shop drawing
reviews shall not be allowed during construction.
5.5 Provide project and quality management comprised of preconstruction conference,
periodic project status reporting meetings, preparation of meeting minutes, submittal of
monthly status reports, and project administration activities including project records and
information on the contract. Maintain a computerized document control system (DCS) to
facilitate the tracking of documents associated with the project and shop drawing
submittals.
5.6 Based on on -site observations and inspection as an experienced and qualified design
professional and on review of applications for payment and accompanying data and
MCO252W5/98
-8-
schedules, determine the amounts owing to the Contractor and recommend, in writing,
payments to the Contractor in such amount. Review the Contractor's construction
schedule and monitor progress against this schedule.
5.7 Conduct an inspection to determine if the project is substantially complete in accordance
with the Contract Documents. Prepare and issue the punch list and certificate of
substantial completion. Monitor the completion/correction of punch list items through
two separate site visits.
5.8 Conduct a final inspection to determine if the work has been completed in accordance
with the Contract Documents. Prepare a final punch list for any remaining items to be
treated under the warranty for the project.
5.9 Provide services in connection with preparing final certifications of completion of
construction to the following regulatory agencies at the time of final completion of
construction, as required:
■ Florida Department of Environmental Protection
■ Broward County Health Department
5.10 Review Contractor's field record drawings. Prepare for the CITY one set of reproducible
mylar record drawings incorporating significant changes recorded during the construction
process. AutoCAD drawing files of the record drawings will be provided to the CITY on
diskette.
TASK 6.0 - SPECIAL SERVICES
The CONSULTANT shall provide the following Special Services during Design:
6.1 Perform a field survey of the water treatment plant site and proposed distribution main
routing corridor to obtain the necessary data to complete the design. The survey will
locate physical features within the project site and provide topographical data within the
areas of work.
6.2 Undertake soil borings at the location of the proposed storage tank and electrical building
required to obtain the necessary data to complete the design. The geotechnical analysis
will consist of one shallow (30 ft. bls) and one deep (80 ft. b1s.) soil boring/standard
penetration testing, which will provide the required data for structural and site preparation
design.
DATA AND ASSISTANCE TO BE PROVIDED BY CITY
A. Supply available "as -built" record drawings of existing facilities and of the former
wastewater plant in the area of proposed facilities.
MCO252\6/5/98
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•
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ATTACHMENT B
PROJECT BUDGET
PART I - GENERAL SERVICES DURING DESIGN
PERMITTING, BIDDING AND CONSTRUCTION PHASES
PROJECT
PROJECT
DESCRIPTION
CONTRACT
REFERENCE:
BUDGET:
Labor Cate
Officer
Principal/Associate
Senior Professional
Professional II
Professional I
Field Services
Senior Staff Support
Staff Support Services
Project Administration
TOTAL LABOR
2.0 MG Water Storage Tank & Water Treatment Plant Improvements
Preparation of preliminary design report, detailed engineering plans,
specifications, contract documents, permit preparation, bidding assistance,
construction administration, site surveying, and geotechnical analysis.
Agreement between the City of Tamarac and Camp Dresser & McKee Inc.
Estimated
Hors
24
67
414
218
390
340
60
596
258
2,367
OUTSIDE PROFESSIONALS:
Resource Management, Inc.
(Electrical & Instrumentation)
Craven Thompson & Associates
(Surveying)
Nutting Engineers
(Geotechnical)
TOTAL OUTSIDE PROFESSIONALS
TASK 3.0, PERMITTING FEES
OTHER DIRECT COSTS
Printing, Reproduction, Communications
PC, Word Processing,
Mileage, Travel.
TOTAL OTHER DIRECT COSTS (LUMP SUM)
0 TOTAL ESTIMATED COST
WO]W:1R.21611 a02*110)1111rl:-111pitiill1
Hourly
Rate
$140
120
100
80
65
65
70
50
38
$18,500
$8,800
1.300
USE
cost
Labor
$ 3,360
8,040
41,400
17,440
25,350
22,100
4,200
29,800
98 4
$161,494
$28,600
$ 2,260
$ 6.450
$198,804
MCO256 6/5/98
EXHIBIT C
TO AGREEMENT BETWEEN CITY OF TAMARAC
AND CAMP DRESSER & McKEE INC.
ENGINEER'S REGULAR RATES FOR
NON -SALARY OTHER DIRECT COSTS
SCHEDULE FOR REIMBURSABLE EXPENSES (1998)
Item Description
Cost Basis
Mileage
$0.325/mile
Blueprint/Blackline Print
$1.00/print
Sepia
$5.00/copy
Mylar
$10.00/copy
Facsimile
$1.00/page
Xerox
$0.10/page
Word Processing/PC
$6.00/hour
Travel
At Cost
Communications (postage, overnight delivery, courier)
At Cost
Miscellaneous Other Direct Costs
At Cost
MC0452\6/5/98
B. Provide any previous reports associated with the facilities at this site.
C. Field verify existing underground CITY utilities as required through provision of a
backhoe and operator to excavate, as appropriate, the site of proposed structure.
D. Supply the CITY's standard "front-end" documents.
E. Review and comment on progress sets of plans and specifications at regularly
scheduled TRCs.
F. Legal description of the water plant site and current zoning setbacks, land use, and
other CITY Ordinances or regulations affecting this site.
G. Obtain any utility easements which may be required for routing of distribution
piping.
H. Assistance in discussions with regulatory agencies.
I. Submit plans and specifications to the CITY Building Department for conceptual
approval prior to bidding (60% and 90% complete).
J. Advertisement of bid, issuance of bidding documents, record keeping of plan
0 holders during the bid process, and preparation of contract documents for award and
execution.
K. Provide assistance during construction to inspect water main installation and tie-ins.
A proposed preliminary project schedule is presented in Table 2. This schedule starts with the
authorization for preliminary design in July 1998 and allows nine months for design and
permitting followed by a two month bidding and award period and start of construction in June
1999.
Design Phase
Six copies of the preliminary design (30% complete) progress set of documents along with a
basis of design report will be submitted to the CITY within 60 calendar days after receipt of
written Notice to Proceed and data to be provided by the CITY.
Six copies of the detailed design (60% complete) progress set of documents will be submitted to
the CITY within 60 calendar days after preliminary design for review and submittal to the
Building Department for preliminary review. Three copies of substantially complete final sets of
MCO25M/5/98
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171
TABLE 2
CITY OF TAMARAC
TWO -MILLION GALLON WATER STORAGE TANK
PRELIMINARY PROJECT SCHEDULE
Activity
Duration
Time Period
(months)
Authorization to Proceed
July 1998
(Estimated)
Preliminary Design (30%)
2
July 1998 - September 1998
Final Design
60% Submittal & Review
2
September 1998 - November 1998
90% Submittal & Review
2
November 1998 - January 1999
Finalize Contract Documents
1
January 1999 - February 1999
Permitting
2
February 1999 - April 1999
Bidding and Award
2
April 1999 - June 1999
Construction
12
June 1999 - June 2000
MCO254\6/5/98
plans and specifications will be submitted to the CITY for final review within 60 calendar days
after the detailed design progress set. The construction documents will be ready for bid
advertisement 30 days after receipt of the CITY's final review comments and upon approval of
permits. Design calculations will be compiled and submitted to the CITY with the 100 percent
complete drawings and specifications.
Construction Phase
The Time of Completion is not within the control of the Consultant. The Consultant's schedule
and provision of the various services is dependent upon the construction period defined within
the Contract Construction Documents. A 360 calendar days contract construction period with
270 days of field activities has been assumed for the purposes of preparing this proposal. Final
project close out activities will be completed within 60 calendar days after completion of
construction.
PAYMENT AND COMPENSATION
The total not to exceed fee for Tasks 1.0 through 6.2, inclusive, based on the level of effort
presented in Attachments A and B, is $198,800. This fee includes a lump sum of $6,450.00 for
non -salary other direct costs. Monthly invoices will be prepared based on actual labor hours
times the prevailing hourly rate plus outside professional services and permit fees incurred.
Other direct costs shall be invoiced on a percentage of completion basis.
Approved By:
THE CITY OF TAMARAC, FLORIDA
By:
Dated this day of 1998
For:
C6IAUl9ti]�1IM149lWMu
By.
Victor J. Pujals, Vice ident
MCO252\6/5/98
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