HomeMy WebLinkAboutCity of Tamarac Resolution R-96-163Temp. Reso. #7434 -May 28, 1996 1
Revision #1 - June 17, 1996
Revision #2 - June 19, 1996
Revision #3 - July 2, 1996
CITY OF TAMARAC
RESOLUTION NO. R-96-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE
AGREEMENTS WITH THE FOLLOWING FIVE (5)
CONSULTING FIRMS TO PROVIDE ENGINEERING
SERVICES TO THE CITY ON AN "AS -NEEDED" BASIS: (1)
CRAIG A. SMITH & ASSOCIATES, (2) HARTMAN &
ASSOCIATES, INC., (3) HAZEN AND SAWYER, (4)
METCALF & EDDY, AND (5) MONTGOMERY WATSON,
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Utilities Department is required by Bond Covenant to maintain the
Utilities Infiltration and ensure the adequacy of reserve funding; and
WHEREAS, the Utilities Department is faced with the challenge of meeting the
increased demands imposed by regulatory agencies, development, infrastructure
modification and expansions utilizing the latest technology for efficient and safe operation;
and
WHEREAS, the Utilities Department's operations and programs over the next five
(5) years require the augmentation of specialized services from consultants to meet these
demands; and
WHEREAS, the City of Tamarac publicly advertised Expression of Interest No.96-06
for Utilities Professional Engineering Services in the Sun Sentinel on March 24 and 31,
1996; and
Temp. Reso. #7434 - May 28, 1996 2
Revision #1 - June 17, 1996
Revision #2 - June 19, 1996
Revision #3 - July 2, 1996
WHEREAS, on April 16, 1996, the submittal from the following fourteen (14) firms
were opened:
1.
Hazen and Sawyer, P.C.
2.
Craig A. Smith & Associates
3.
Carr Smith Associates
4.
Procopio & Associates, Inc.
5.
Metcalf & Eddy
6.
Reynolds, Smith and Hills, Inc.
7.
Hartman and Associates, Inc.
8.
Berryman & Henigar
9.
Montgomery Watson
10.
Consul -Tech Engineering, Inc.
11.
RJN Group, Inc.
12.
13.
Berry & Calvin, Inc.
Williams, Hatfield & Stoner, Inc.
14.
DeRose & Slopey Consulting Engineers, Inc.; and
WHEREAS, the Director of Utilities and Utilities Engineer reviewed the fourteen (14)
submittal and recommended the following seven (7) firms be short listed for presentations
to a Review Committee.
1.
Carr Smith Associates
2.
Craig A. Smith & Associates
3.
Hartman and Associates, Inc.
4.
Hazen and Sawyer, P.C.
5.
Metcalf & Eddy
6.
Montgomery Watson
7.
Procopio & Associates, Inc.; and
WHEREAS, the Review Committee comprised of the Director of Utilities, Utilities
Operations Administrator, Utilities Engineer, Utilities Accounting and Customer Service
Manager and Director of Broward County Environmental Engineering Division has reviewed
the submittal; and
Temp. Reso. #7434 - May 28, 1996 3
Revision #1 - June 17, 1996
Revision #2 - June 19, 1996
Revision #3 - July 2, 1996
WHEREAS, on May 21, 1996, the Review Committee heard the presentations of
the seven (7) short listed firms and recommended the following five (5) firms for
professional engineering services on an "as -needed" basis:
1. Craig A. Smith & Associates
2. Hartman and Associates, Inc.
3. Hazen and Sawyer, P.C.
4. Metcalf & Eddy
5. Montgomery Watson; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute and enter the City into an agreement with each of the
five (5) firms recommended by the Review Committee.
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.
SSE(; TION2 That the appropriate City Officials are hereby authorized to
accept and execute agreements for professional engineering services (copies of which are
attached hereto as "Composite Exhibit A") on an "as needed" basis with each of the five
(5) firms recommended by the Review Committee listed as follows:
1. Craig A. Smith & Associates
2. Hartman and Associates, Inc.
3. Hazen and Sawyer, P.C.
4. Metcalf & Eddy
5. Montgomery Watson
11
1�1
1
Temp. Reso. #7434 - May 28, 1996 4
Revision #1 - June 17, 1996
Revision #2 - June 19, 1996
Revision #3 - July 2, 1996
$FCTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this �� day of ,
1996.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS, CMC
CITY CLERK
I HEREBY CERTIFY that I have
;p}oved this �"U/T� N�a�to f rrm. � �// ,
MITCHELL/ S.
CITY ATTO
Uti I ities/res7434/rmatam I
RECORD OF COMMISSION VOTE
4"-, �(o - 162
CITY OF TAMARAC
UTILITIES DEPARTMENT
CITY CONSULTING ENGINEERING SERVICES
This Agreement, made and entered into and effective this day of
1996 by and between:
THE CITY OF TAMARAC, a municipal corporation, created
pursuant to the Laws of the State of Florida, hereinafter called
"CITY",
and
HAZEN AND SAWYER, P.C., hereinafter called "CONSULTANT'
WITNESSETH:
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 five ranked firms determined by
CITYto 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:
SCOPE OF WORK. CITY hereby engages CONSULTANT as an independent contractor
to perform certain services, and CONSULTANT hereby agrees to perform said services
upon the terms and conditions hereinafter set forth.
Standards of Design for work under this Agreement shall be those of the City of Tamarac,
if available, which shall be revised as necessary by CONSULTANT to meet the proposed
intent of the proposed projects. Standards of Design not available from CITY shall be
developed by CONSULTANT. CONSULTANT shall perform engineering services related
is
to various miscellaneous projects, including but not limited to services as Consulting
Engineer with respect to utility bond trust indentures. 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
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services which CONSULTANT agrees to furnish and the terms and conditions for such
services are as follows:
A. BOND INDENTURE CONSULTING ENGINEER. CONSULTANT shall be the
"Consulting Engineer", under the existing refunded bond issue and shall perform
all duties assigned. Further, when CITY issues new utility bonds subject to new
bond trust indentures then CONSULTANT shall perform such "Consulting
Engineer" services as may be described in said new indentures and succeeding
Resolutions.
B. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for
a specific task, attendance by CONSULTANT at any subsequent meetings related
to that task shall be considered as part of that task. In addition, CONSULTANT
shall be subject to such provisions as may be contained in the task authorization.
However, it is contemplated that from time to time CITY will desire that
CONSULTANT meet with representatives of CITY and/or other organizations to
discuss subjects not directly related to an already authorized 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 CONSULTANrs Job Number for that
task hereby is established as 8631. However, CONSULTANT shall not attend any
particular meeting unless CITY has issued specific oral instructions that
CONSULTANT is to attend. The scope of work for Job Number 8631 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 8631 will identify the specific meetings to which they apply. All fees
for services on Job Number 8631 will be compensated as defined in Section III.A.
herein.
C. REVIEW OF DEVELOPMENTAL PLANS. 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 is
available to CIM own engineering staff.
D. OTHER SERVICES. Upon determination by CITY that it 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:
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
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the bids received, and provide a written recommendation for contract
awards.
4. Surveys, property plats and descriptions.
5. 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.
6. Other Engineering Services CITY wishes CONSULTANT to complete will
be defined in a written authorization. Such written authorization shall be
clearly defined in writing and attached to this Agreement as an Addendum.
Each Addendum shall be numbered in sequence, and correlated to CITY's
Utility 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/or signature by authorized
representatives of CITY shall constitute authorization to proceed by the
CONSULTANT for services defined by that authorization.
Il��7ir'I1�1:1►11~��1��711>i=1 �i��
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 Utilities and the City Manager each shall be so
authorized, and this Agreement shall constitute the required written designation.
B. CITYshall assist CONSULTANTin 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, CITYshall 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.
C. CITYshall 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
is 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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III. FEES AND PAYMENTS (see Exhibit A attached)
A. 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:
Actual Direct Salary Cost Plus a Percent of Actual Direct Sala Costs 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 CONSULTANTs 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 CONSULTANTs own automobiles are used outside Broward
County, laboratory tests and analyses, computer services, use of
computers 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, an additional ten percent
(10%) of the cost of these services shall be added for CONSULTANrs
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 to seven percent (7%).
2. Under certain conditions, CITY may accept:
A. Fixed Lump 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. METHOD OF PAYMENT. Payment as prescribed for services rendered by
CONSULTANT during the previous billing period shall be due and payable as of
the date of invoice, and shall be paid by CITY no later than the forty-fifth (45th)
day after the date of invoice, unless some other mutually agreeable period of
required payment is established in the authorization for a specific task. It is
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understood that an invoice cannot be paid until it has been approved by the City
0 Commission, which normally holds scheduled meetings on the second and fourth
Wednesdays of each month. However, each year the Council 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 the period of required payment for that
invoice shall be extended so as to end on the third Wednesday in September.
CONSULTANT shall 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 Task Order invoice shall indicate Purchase Order
Number, Utility Project Number, 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 8631, as noted hereinbefore. Each separate
task authorization shall include information as to start and completion times for that task.
•
V. 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 4000 Hollywood Boulevard, Suite 750N, Hollywood, Florida
33021. 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 shall be noncancellable, except
upon thirty (30) days prior written notice to CITY.
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Individual
Occurrence Aaaregate
General Liability
Bodily Injury,
Including Death
$1,000,000 $2,000,000
Property Damage
Automobile Liability
Bodily Injury,
Including Death
1,000,000 1,000,000
Property Damage
Professional Liability
$2,000,000
All premiums shall be at the expense of CONSULTANT. All Insurance Companies
provided shall: Be rated at least A VII per Best's Key Rating Guide; Be licensed
to do business in Florida.
C. WORKERS' 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 attached to this agreement.
D. INTERRUPTION: POSTPONEMENT: ABANDONMENT. In the event the work
herein contemplated, or any part thereof, shall be abandoned due to
circumstances which CITY considers to be to 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.
E. DELAYS AND EXTENSIONS. The time of completion may be adjusted only be
written Agreement between the parties hereto for unavoidable delays resulting
from causes beyond the control of CONSULTANT.
F. DISPUTES AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of CITY shall be final
and 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.
0 G. RIGHTS IN DATA: COPYRIGHTS: DISCLOSURE.
a. Definition. The term "data"
reports, studies, drawings,
mechanical representation.
as used in this Agreement includes written
or other graphic, electronic, chemical or
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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'§ 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
any other country. CONSULTANT hereby relinquishes or shall cause to
be relinquished any an 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 copyright owner for CONSULTANT to use such copyrights matter in
the manner provided herein.
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.
ANTI -DISCRIMINATION. 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.
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 without the prior written consent of CITY.
L. MNSTRUCTION ESTIMATES. Estimates of cost for any facilities considered and
designed under this Agreement --- 'g 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,
Hwd.8630C001 -7-
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 insure conformance with the intent of the Contract Documents, and
shall not relieve the construction contractor(s) of his full 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.
N. ONSITE MONITORING. The resident observation personnel 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 Task Order upon receipt of written Notice to Proceed from CITY.
The work shall be completed in accordance with the schedule included in the Task
Order.
P. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to
CONSULTANT all data in its possession regarding the existing facilities. This data
shall include, but not be limited to, standards, specifications, policies, guides and
engineering reports, maps, plans, inventories, data, etc. CITYshall 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, is 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.
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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, CITYshall 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.
S. CONSULTANTS 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 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 parry for whom it is in 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 of notice to
wit:
For CITY
Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
For CONSULTANT
Patrick A. Davis, P.E.
Vice President
Hazen and Sawyer, P.C.
4000 Hollywood Boulevard
Suite 750 N
Hollywood, Florida 33021
With Copy to
Mitchell Kraft
City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
U. TERMINATION OF AGREEMENT. CITY or CONSULTANT may terminate this
Agreement by giving 30 days prior written notice to the other parry. 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.
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CONSULTANT'§ 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.
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. INDEMNIFICATION. CONSULTANT, its directors, officers, stockholders, heirs,
and assigns hereby agree to indemnify, hold harmless and defend 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 arising out of or in
connection with CONSULTANT's failure to reasonably perform CONSULTANT's
duties and responsibilities pursuant to this Agreement, including attorney fees.
X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or
drawings prepared by CONSULTANT, or on CONSULTANT's behalf are accurate,
capable of being implemented and may be relied upon by any Contractor retained
by CITY.
Y. ATTORNEYS FEES. Should CITY successfully bring any manner of legal action
against CONSULTANT, or successfully defend against any suit brought by
CONSULTANT's, 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. MODIFICATIONS. It is further agreed that no modification, amendment or
alteration in the terms of 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.
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AA. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to a
Motion / Resolution of the City Commission passed at a meeting held on
1996.
AB. 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.
AC. SIGNATORY AUTHORITY. The CONSULTANT shall provide the CITY with
copies of requisite documentation evidencing that the signatory for Contractor has
the authority to enter into this Agreement.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first
above written.
By: . r." aco �
Patrick A. Davis, P. E.
Attest
M
Corporate Secretary
By:
N rman Abramowitz
Mayor
By:
Robert S. Noe, Jr.
City Manager
ATTEST:
By:
Carol A. Evans, CMC
City Clerk
to
AMhe/l S. Krayt, E q
Attorney for the C' of Tamarac
[SEAL]
Hwd.8630C001
5§1
4 S6�/�-
CITY OF TAMARAC
UTILITIES DEPARTMENT
CITY CONSULTING ENGINEERING SERVICES
This Agreement, made and ente
red into and effective this � day of��L�1996 by and
between:of
a municipal corporation, created pursuant to the Laws of SSOCIATES,h a SFlaeida
CITY OF TAMARAC, and CRAIG A. SMITH & A
Florida, hereinafter called "CITY
Corporation, hereinafter called "CONSULTANT"
01 ESSEn±
rofessional engineering services on a continuing basis to perform
WHEREAS, CITY requires p
such specific services as CITY may, from time to time, direct; and 1ed to
TANT has the professional experience and expert skill and is qualif
WHEREAS, CONSUL
perform the required services; and
ITY desires o engage CONSULTANT upon the terms and conditions
me ins forth�d
WHEREAS, a d CO CONSULTANT is willing to accept such engagement upon
below, a
conditions; and
ve
WHEREAS, CITY in accor
dance with Florida Statues Section 287.055, Consultants
nkedtfirms determined
said continuing type Engineering services as City
Negotiation Act, has selected "CONSULTANT" as one of the top five
by CITY to be most qualified to pert
Consulting Engineer;
NOW, THEREFORE, in co
nsideration of the mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows. an independent
CITY hereby engages CONSULTANT as agrees d perform
I.
contractor to perform certain services, and
CONSULTANT
ON aft rTs Nfhereby
re Y
said services upon the terms and conditions
ty Of
Standards of Design
for work under this Agreement shall be those Si
ULTANT to meet
Tamarac, if available, which shall be revised as tandards ecessary bDes gn not available from
T proposed projects.
the proposed intent of the
e developed by CONSULTANT. CONSULTANT shall ot limited d o services as
ng
CITY shall b ects, including
services related to various miscellaneous prol en authorization
with respect to utility bond trust indentures. Each written
specific task to be
Consulting Engineer y separate performed shall be identified and describedin$ parate Jobp Number established nd the
by CITY, and shall be identified Y agrees to furnish
CONSULTANT. The specific services which CONSULTANT
1
5 6-4:�-3
terms and conditions for such services are as follows.•
A. rC I R O I
onsulting Engineer", under the existing refunded bond issue ANT shall be the
all duties assigned. Further, when CITY issues new utilityb and shall perform
bond trust indentures then CONSULTANT shall perform
Engineer" services as may be described i bonds subject to new
Resolutions.
n said new dentures and succeeding ng
B.
After CITY has
a specific task, attendance by CONSULTANT at issued a written authorization for
to that task shall be considered as part of that task. In addition,
y subsequent meetings related
shall be subject to such provisions as may be contained in thetask CONSULTANT
However, it is contemplated that from time to time CI authorization.
CONSULTANT meet with representatives of CITY and/or othe will desire that
discuss subjects not directly related to an already authorized
organizations to
meeting at which CONSULTANT's specialized knowledge is needed - such as a
meeting conducted so as to develop or disseminate criteria or a by CIS' or a
da
needed by CITY in order to establish a new task, or a by
that will be
CONSULTANT is to act as a representative of CITY meeting at which
administration, attendance by CONSULTANT at all such order to minimize
considered as part of one cont' meThisetings
the written authorization for that task, and CONSUl be
greement shall be deemed as
task hereby is established as 96-0287-5CP, LTANT's Job Number far that
attend any particular meetings unless CITY has issued CONSULTANT shall not
that CONSULTANT is to attend. The scope of work for Job Nu specific oral instructions
is defined to include not only attendance at authorized meetingsmbar 9so any
needed to prepare for and/or submit reports concerningsuch
invoices for Jab Number 96-0287-5CP vv' but also any work
the a ill identify the specific meetings meetings. � which)
y apply. All fees for services on Job Number 96-0287-5
compensated as defined in Section III.A. herein. CP will be
C.
comme�tt,� CITY on those developmental plaCONSULTANT
OSNS LT ed to CI
TY which ITY
determines will require either more engineering shall review and
available to CITY's own engineering staff.g veering expertise or more time Chan
D. S�THFR C�C7�.�nr-.,
Upon determination by CITY that it is in need of engineering
services of one of the type listed below, it may issue a s
authorization for CONSULTANT to perform said services. The
contemplated are: separate written
types of service
1 • Special Reports and Studie
s.
2. Assistance in securing, monitoring and complyin with
Federal Grants and Permits. g County, State, or
2
3. Engineering Design, including preparation of construction documents,
assistance during bidding and award of contract, preparing a tabulation of
the bids received, and providing a written recommendation for contract
awards.
4. Surveys, property plats and descriptions.
5. 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.
6. 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 Utility Project Number and title, dated,
approved by City Commission, 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/or signature by authorized
representatives of CITY shall constitute authorization to proceed by the
CONSULTANT for services defined by that authorization.
II. CITY FURNISHED ITEMS
A. CITY shall designate in writing specific individuals, by title, who will be authorized
to issue written and/or oral instructions to CONSULTANT concerning this
Agreement. In the absence of specific 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. 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.
3
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.
III. FEES AND PAYMENTS
A. 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 Salary Cost Plus a_Percent of Actual Direct Salary Costs Plus
Reimbursement for Non-aala[y 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 190 percent of actual
hourly wages directly chargeable to any authorized assignment (i.e. $10.00
+ (10.00 x 190%) = $29.00).
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 are used outside Broward
County, laboratory tests and analyses, computer services, use of
computers for CADD and word processing, automatic typing equipment,
long distance telephone, printing, binding and reproduction charges. When
technical or professional services have been furnished by outside services,
as requested or approved by the CITY, an 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
0 $10,000.00, the percentage shall be reduced to seven percent (7%).
2. Under certain conditions, CITY may accept:
A. Fixed Lump_-Surn Fees, provided CONSULTANT can substantiate
4
e_ �)6Y 163
his costs and profit, margin, and CITY determines its
reasonableness.
B. Cost ElusFixed Fge, provided CONSULTANT can substantiate
his costs and the fixed fee margin is accepted by CITY as
reasonable.
B. MEIHOD OE P Y T. 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 Director of
Utilities. The Director will review the invoices to ensure all charges are allowable
and reasonable before recommending payment of the invoice by CITY. As a
minimum requirement, each invoice shall indicate purchase order number, utility
project number, 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 96-0287-5CP, as noted
hereinbefore. Each separate task authorization shall include information as to start and
completion times for that task.
V. MISCELLANEOUS PROVISIONS
A BQOK5 QF AQQOUNT. 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 1000 W. McNab Road, Pompano Beach, Florida 33069. Official
5
Books and Accounts of CONSULTANT are kept and maintained at said office.
B. IN5URANQE. 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 thirty (30) days' prior written notice to CITY.
Individual
Occurrence c�
General Liability
Bodily Injury, Including Death and
Property Damage $1,000,000 $1,000,000
Automobile Liability
Bodily Injury, Including Death and
Property Damage $500,000 $500,000
Professional Liability $1,000,000 $1,000,000
All premiums shall be at the expense of CONSULTANT. All Insurance
. Companies provided shall: Be rated at least A VII per Best's Key Rating Guide;
Be licensed to do business in Florida.
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. INTERRUPTION; OSTP NEMENT% ABANDONMENT. 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.
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 INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of CITY shall be final
and 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
n
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.
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
any 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 copyright owner for CONSULTANT to use such copyrights matter in the
manner provided herein.
H. COMPL18NCE WITH L6WS. 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.
7
4-S�-/�3
I. N -DI RI T . CONSULTANT agrees that in the performance of this
Agreement, it will not discriminate or permit discrimination in its hiring practices or
in the performance of this Agreement against any person on the basis or race,
sex, religion, political affiliation, handicap or national origin.
J. 5UBCONTRA02ING. 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, 8SSIGNMENT_. CONSULTANT shall not assign this Agreement or any right to
monies to be paid hereunder with the prior written consent of CITY.
L. CQNSTRQCTION ESTIMAT . 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, alTE 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.
N. QNSITE MQbJITQRJNG- 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.
N
O. TIME O,F PERFORMANCE. CONSULTANT shall commence performance on
each specific task order upon receipt of written Notice to Proceed from CITY. The
work shall be completed in accordance with the schedule included in the task
order.
P. OBLIGATIONS QE CITY TO CON5ULIANI. 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. MONIT_GRINS. 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.
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.
S. C NSULTANT'sRFPBEE,NT_8TIVE. 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 NQJIFICATIQN. 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
9
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: Gene R. Schriner, P.E.
President
Craig A. Smith & Associates
1000 W. McNab Road
Pompano Beach, Florida 33069
U. TERMINATION OE 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.
V. _ 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. INDEMNIFI-CATION. 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 arising out of or in
10
connection with CONSULTANT's failure to reasonably perform CONSULTANT's
duties and responsibilities pursuant to this Agreement, including attorney's fees.
X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or
drawings prepared by CONSULTANT, or on CONSULTANT's behalf are
accurate, capable of being implemented and may be relied upon by any
Contractor retained by CITY.
Y. ' FEES. 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. MQDIFICAJIQNS. It is further agreed that no modification, amendment or
alteration in the terms of 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 AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to
Motion/Resolution of the City Commission passed at a meeting held on
0 & 4-� , 1996.
BB 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.
LJ
CC SIQNATQRY AUIHORITY. The CONSULTANT shall provide the CITY with
copies of requisite documentation evidencing that the signatory for
CONSULTANT has the authority to enter into this Agreement.
11 REVISED 97/8/0
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first
written above.
CRAIG A. SMITH & ASSOCIATES
By:
e R. Schriner, P.E., President
ATTEST:
By,:: - L -==-1 �L-
Stephen C. Smith, Corporate Secretary
[SEAL]
By:
Orman Abramowitz, Ma
By: s�
Robert S. Noe, Jr., City Manager
By:
j
ATTEST:
Carol Evans, City Clerk
Approved as to F
Mitchell Kraf
Attorney for
[SEAL]
City of Tamarac
12
EXHIBIT "A"
0
RATE SCHEDULE FOR PERSONNEL
Direct
Salary Cost Billing Rate
Craig A. Smith, P.E., Chairman
76.42
221.62
Gene R. Schriner, P.E., President
41.83
121.31
William P. Snow, P.E., Vice President
34.63
100.43
William H. Landis, P.E., Senior Design Engr.
32.21
93.41
Don A. Shaver, Director of Constr. Services
30.29
87.84
Alan L. Hedberg, P.E., Project Manager
27.89
80.88
Ray Shimokubo, Project Manager
28.85
83.67
Michael Miller, Senior Planner
28.85
83.67
Jim Orth, P.E., Project Manager
25.00
72.50
Norman R. Woliner, P.E., Project Engineer
17.79
51.59
Steve Ivanic, P.E., Project Engineer
19.23
55.77
Manuel Canjura, Project Engineer
16.83
48.81
Chris Lips, Project Engineer
15.63
45.33
C.J. Peng, Project Engineer
17.79
51.59
Joe Mandy, Project Engineer
19.23
55.77
Richard Bova, CADD
21.64
62.76
Krishna Ganaishlal, CADD
16.35
47.42
Michael Parsons, CADD
12.98
37.64
Chuck Pandrea, CADD
16.35
47.42
Sonja Fournier, Secretary
9.00
26.10
Andrea Borden -Cole, Admin Asst.
17.31
50.20
•
13
Reproductions
Blueline prices
Xerox Copies
Fax Transmittal
Recording & Permit Fees
Services of Outside Consultants
REIMBURSABLE EXPENSES
1.50/sht
0.15/sht
1.00/sht
Cost + 10%
Cost + 10% < $10,000 total fee
Cost +7% > $10,000 total fee
Federal Express or Courier Services Cost + 10%
Commercial Air Travel Cost + 10%
Long Distance Phone Cost + 10 %
0Auto Travel Expense 0.31/mile
tAmu ni6ag reement\tamarac
14
JV
•
CITY OF TAMARAC
UTILITIES DEPARTMENT
CITY CONSULTING ENGINEERING SERVICES
This Agreement, made and entered into and effective this A�11-0 day of J IU996 by and
between:
CITY OF TAMARAC, a municipal corporation, created pursuant
to the Laws of the State of Florida, hereinafter called "CITY",
and
Montgomery Watson Americas, Inc. hereinafter called "CONSULTANT"
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
IKMEREAS,
rform the required services; and
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 five 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. SCOP_E,QF 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 utility bond trust indentures. Each specific task
1
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 BOND INDENTURE CONSULTING ENGINEER. CONSULTANT shall be the
"Consulting Engineer", under the existing refunded bond issue and shall
perform all duties assigned. Further, when CITY issues new utility bonds
subject to new bond trust indentures then CONSULTANT shall perform such
"Consulting Engineer" services as may be described in said new indentures
and succeeding Resolutions.
B. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for a
specific task, attendance by CONSULTANT at any subsequent meetings related
to that task shall be considered as part of that task. In addition, CONSULTANT
shall be subject to such provisions as may be contained in the task
authorization. However, it is contemplated that from time to time CITY will desire
that CONSULTANT meet with representatives of CITY and/or other organizations
to discuss subjects not directly related to an already authorized 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 1586.0010. 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 1586.0010 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 1586.0010 will identify the specific meetings to which
they apply. All fees for services on Job Number 1586.0010 will be compensated
as defined in Section III.A. herein.
C. REuIEW OE DEVELOPMENT PLANS. 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.
D. OTHER 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:
K
. 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.
4. Surveys, property plats and descriptions.
5. 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.
6. 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 Utility 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
of CITY shall constitute authorization to proceed by the CONSULTANT for
services defined by that authorization.
II. CITY FURNISHED ITEMS
A CITY shall designate in writing specific individuals, by title, who will be authorized
to issue written and/or oral 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.
3
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.
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.
III. FEES AND PAYMENTS (see Exhibit A attached)
A 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. fA
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 hourly
wages directly chargeable to any authorized assignment shall be 321
percent of actual direct hourly wages for CONSULTANT's office staff
employees.
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 are used outside
Broward County, laboratory tests and analyses, computer services, use
of computer 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
4
services, as requested or approved by CITY, an additional ten percent
(10%) of the cost of these services shall be added for CONSULTANT's
administrative and continugin PROJECT responsibilities for outside
services costing less than $10,000.00. When outside services exceed
$10,000.00, the percentage shall be reduced to seven percent (7%).
2. Under certain conditions, CITY may accept:
A Fixed Lump 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. METHOQ OF PAYMENT. Payment as prescribed for services rendered by
CONSULTANT during the previous billing period shall be due and payable as of
the date of invoice, and shall be paid by CITY no later than the forty fifth (45th) day
after the date of invoice, 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 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 purchase order number, utility
project number, 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. This Agreement shall supercede the terms
and conditions of the specific purchase orders.
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 1586.0010, as
noted hereinbefore. Each separate task authorization shall include information as to
�1
41- S6:�,'1611
0 start and completion times for that task.
V. 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 1776 North Pine Island Road, Plantation, Florida 33322
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 thirty (30) days prior written notice to CITY.
Individual
Occurrence Aggregate
General Liability
Bodily Injury, Including Death $1,000,000 $2,000,000
Property Damage $100,000 $300,000
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. All Insurance
Companies provided shall: Be rated at least A VII per Best's Key Rating Guide;
Be licensed to do business in Florida.
C. WORKERS' 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 attached to this Agreement.
D. INTERRUPTION: POSTPONEMENT: ABANDONMENT. 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.
E. I-ELAYS 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. QISPWJE19 AND INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of CITY shall be final
and 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 except for such claims that are
unsettled at time of final payment.
RIGHTS0 G. •` •
a. Definition. The term "data" as used in this Agreement includes written
reports, studies, drawings, or other graphic, electronic, chemical or.
mechanical representation.
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.
0 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
7
4- g - l6-3
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 copyright owner for CONSULTANT to use such copyrights matter in
the manner provided herein.
H. QQMELIANCE 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 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.
J. SUBCONTRACTjNG. 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. NMENT. CONSULTANT shall not assign this Agreement or any right to
monies to be paid hereunder without the prior written consent of CITY.
L. CQM5TRUCTI-QN 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. allE_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
r;1
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.
N. QNSITE MONITORING. The resident observation personnel 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. ULIGATIONS OF Y TO 9QNSULTAtIT. 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,
0 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. MONITQRING. 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.
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
0
the work. In such case, CITY shall pay only the costs of services rendered up to
the time of such interruption, postponement or abandonment.
S. CONSULTANTs EEPRESENTAINE. 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. WRITTEU 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 Kraft
City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
For CONSULTANT: D. Franklin Stephenson, P.E.
Vice President
Montgomery Watson Americas, Inc.
1776 N. Pine Island Rd.
Plantation, FL 33322
U. TERMNATION QF 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.
CONSULTANrs right of termination shall not be construed to preclude any action
by CITY for damages against CONSULTANT should CONSULTANT not fully
10
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.
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. INDEMNIFICATIQ . CONSULTANT, its directors, officers, stockholders, heirs, and
assigns hereby agree to indemnify and hold harmless and defend 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 Attorney Fees)
arising out of or in connection with the negligent acts, errors, or omissions of
CONSULTANT in the performance of this agreement.
X WARRANTIES. CONSULTANT warrants that all specifications, documents, or
drawings prepared by CONSULTANT, or on CONSULTANT's behalf are accurate in
all material respects, capable of being implemented and may be relied upon by
any qualified Contractor retained by CITY.
. Y. ATTORNEYS' FEE$. 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. Should the CONSULTANT prevail in such a
case the CITY agrees to pay all reasonable attorneys' fees as well as costs
incurred by the CONSULTANT in bringing or defending such an action.
Z MODIFICATION. 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.
A4 AUTHORIZING_A_ CTION. This Agreement is entered into by CITY purs ant to
Motion/Resolution of the City Commission passed at a meeting held on % U
AB. VEN J 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.
AC. 9,1GNATORY AUTHORITY, The Consultant shall provide the City with copies of
requisite documentation evidencing that the signatory for Consultant authority to
enter into this Agreement.
11
W
N WITNESS WHEREOF, the parties have duty executed this Agreement the day and year first
ritten above.
MONTGOMERY WATSON AMER!CAS
By. .
D, �»a,,,�,k(; n ��„�„►� ce resident
ATTEST:
By.
Y) c.heel T. &4-s4" , Project Manager
rv'� LESUP JOAN SULLAM
r�Fxi+wi,..•• � ! :+p,19M i
BUN U1_C' IHRU
OF ATLANTIC 6oNowe GOx, No.
[SEAL]
E
Felfbi * ;u_: 1 91
By:. aL
Norman Abramowitz
Mayor
v
Robert S. Noe, Jr.
City Manager
ATTEST:
By:
Carol Evans
City Clerk
[SEAL]
ty of Tamarac
W
r-1
EXHIBIT "A"
SALARY COSTS
CONSULTANT: MONTGOMERY WATSON, INC.
TOTAL
TOTAL
RAW
OVERHEAD
FFNGE
PROFIT
HOURLYi
SALARY
AT 144%
AT 38%
AT 14%
RATE
TITLE($/HR)
($/HR
$/HR
$/HR
$/HR
SENIOR COMPANY OFRCER
70.00
100.80
26.60
27.64
225.04
PRINCIPAL
50.00
72.00
19.00
19.74
160.74
SUPEFMSING
ENGINEER
40.00
57.60
15.20
15.79
128.59
SENIOR
ENGINEER
30.50
43.92
11.59
12.04
98.05
ENGINEER
25.00
36.00
9.50
9.87
80.37
ASSOCIATE
ENGINEER
21.00
30.24
7.98
8.29
67.51
ASSISTANT
ENC4 EER
16.50
23.76
6.27
6.51
53.04
SUPEFMSING
HYDROCEOLOGIST
37.50
54.00
14.25
14.81
120.56
SENIOR
HYDROGEOUDGLST
30.00
43.20
11.40
11.84
96.44
HYDROGEOLOGIST
25.00
36.00
9.50
9.87
80.37
ASSOCIATE
HYDFIOC'EOIf)GIST
21.00
30.24
7.98
8.28
67.51
SUPERVISING
DE9GNER
27.00
38.88
10.26
10.66
86.80
SENIOR
DESIGNER
22,00
31.68
8.36
8.69
70.73
DESK34ER
18.00
25.92
6.84
7.11
67.87
DRAFTER
14.00
20.16
5.32
5.53
45.01
SENIOR INSPECTOR
29.00
41.76
11.02
11.45
93.23
INSPECTOR
20.00
28.80
7.60
7.90
64.30
SENIOR
ADMINISTRATOR
21.00
30.24
7.98
8.29
67.51
ADMINISTRATOR
17.50
25.20
6.66
6.91
56.26
SENIOR WORD
PROCESSOR
15.25
21.96
5.80
6.02
49.03
SECRETARIAL
13.00
18.72
4.94
5.13
41.79
TYPIST
11.00
15.84
4.18
4.34
35.36
DATAPROCESSOR
11.00
15.84
4.18
4.34
35.36
CLERK/RECEPTIONIST
11.00
15.84
4.18
4.34
35.36
OVERHEAD ($/HR) = RAW SALARY x OVERHEAD %
FRINGE ($/HR) = RAW SALARY x FRINGE %
PROFIT ($/HR) _ (RAW SALARY + OVERHEAD + FRINGE) x PROFIT %
TOTAL HOURLY RATE ($/HR) = RAW SALARY + OVERHEAD + FRINGE + PROFIT
ABOVE COMPUTATIONS RESULT IN AN OVERALL MULTIPLIER OF 3.21
AD
CITY OF TAMARAC
0
This Agreement, made and entered into and effective this day of
CITY CONSULTING ENGINEERING SERVICES
CITY OF TAMARAC, a municipal corporation, created pursuant
to the Laws of the State of Florida, hereinafter called "CITY",
and
METCALF & EDDY, INC.
hereinafter called "CONSULTANT"
WITNESSETH:
1996 by and between:
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 five 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. 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 related to various miscellaneous projects, including but not limited to services as Consulting Engineer with
respect to utility bond trust indentures. 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. BOND INDENTURE CONSULTING ENGINEER. CONSULTANT shall be the "Consulting Engineer", under
the existing refunded bond issue and shall perform all duties assigned. Further, when CITY issues new
utility bonds subject to new bond trust indentures then CONSULTANT shall perform such "Consulting
Engineer" services as may be described in said new indentures and succeeding Resolutions.
Engagremmpd
1 05129196
Z� 2(,,- 163
B. ATTENDANCE AT MEETINGS. After CITY has Issued a written authorization for a specific task,
attendance by CONSULTANT at any subsequent meetings related to that task shall be considered as part
of that task. In addition, CONSULTANT shall be subject to such provisions as may be contained in the
task authorization. However, it is contemplated that from time to time CITY will desire that
CONSULTANT meet with representatives of CITY and/or other organizations to discuss subjects not
directly related to an already 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 019414. 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 019414
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 019414 will identify the
specific meetings to which they apply. All fees for services on Job Number 019414 will be compensated
as defined in Section III.A. herein.
C. REVIEW OF DEVELOPMENT PLANS. 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.
D. OTHER 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.
4. Surveys, property plats and descriptions.
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
Engagrem.wpd
2 05129196
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, dated,
approved by City Commission, 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.
II. 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 Utilities 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.
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.
III. FEES AND PAYMENTS
A. 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:
Schedule of Hourly Rates Plus Reimbursement for Non -Salary Casts. Hourly rates for employees
actually working on an authorized assignment. CONSULTANT's Schedule of Hourly Rates for
personnel is set forth in Exhibit "A" which is identified, attached to and made part of this
Agreement.
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 hereinbefors). Such non -salary
costs and other charges (Schedule for Reimbursable expenses) is set forth in Exhibit "A" which
is identified, attached to and made a part of this Agreement.
Engagrem.wpd
3 05129196
2. Under certain conditions, CITY may accept:
A. Fixed Lumo Sum Fees provided CONSULTANT can substantiate his costs and profit,
40 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. METHOD OF PAYMENT. Payment as prescribed for services rendered by CONSULTANT during the
previous billing period shall be due and payable as of the date of invoice, and shall be paid by CITY no
later than the forty fifth (45th) day after the date of invoice, 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 and 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 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. 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 019414, as noted hereinbefore. Each
separate task authorization shall include information as to start and completion times for that task.
V. 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 30 Harvard Mill Square, Wakefield, MA 01880. 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
110 identifying CITY as an additional insured, on the general and automobile liability coverages but solely with
respect to claims arising out of negligence of the Named Insured, which insurance will be noncancellable,
except upon thirty (30) days' prior written notice to CITY.
Engagrem.wpd
4 05129196
Individual
Occurrence Aggregate
General 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
each claim and
aggregate
All premiums shall be at the expense of CONSULTANT. The City will accept the CONSULTANT's present
insurance with Cigna who carries an A• XII rating for the present insurance period which ends October 31, 1996.
Within one year of the present insurance expiration date li.e., October 31, 1997), all Insurance Companies provided
shall: Be rated at least A VII per Best's Key Rating Guide; Be licensed to do business in Florida.
C. WORKERS' 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 attached to this Agreement.
0. INTERRUPTION• POSTPONEMENT• ABANDONMENT. 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.
E. DELAYS AND EXTENSIONS. The time of completion, and/or fees, 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 INTERPRETATION. In the event of any disputes as to the interpretation of the terms of this
Agreement, the decision of CITY shall be final and 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.
Except where an outstanding claim is specifically identified by CONSULTANT, 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; COPYRIGHTS. DISCLOSURE.
a. Definition. The term "data" as used in this Agreement includes written reports, studies, drawings, or
other graphic, electronic, chemical or mechanical representation.
Engagrernmpd
5 05129196
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. 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. 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 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
Engagrem.wpd
05129196
4 �'G - `6,,, 3
shall not relieve the construction contractor(s) of hislher 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.
N. ONSITE MONITORING. CONSULTANT's resident project representatives will make reasonable efforts to
guard CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the
provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however,
cause CONSULTANT to be responsible for those duties and responsibilities which belong to the
construction contractor(s) and which include, but are not limited to, full responsibility for the techniques
and sequences of construction and the safety precautions incidental thereto, and for performing all
construction work in accordance with the Contract Documents.
0. 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. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to CONSULTANT all data in its
possession regarding the existing facilities. This data shall include, but not be limited to, standards,
specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. CITY shall be
responsible 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
0 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 in the performance of this agreement.
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 bast 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.
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
40 of CONSULTANT regarding all matters involving the conduct of the performance pursuant to this
Agreement and shall keep CITY continually advised of such designation.
Engagremmpd
7 05/29196
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 Kraft
City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
For CONSULTANT: Roberto S. Ortiz
Vice President of Eng.
Metcalf & Eddy, Inc.
3740 Executive Way
0 Miramar, Florida 33025
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.
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. 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
Engagremmpd
8 05129196
4 - ��,- /(� -3
the scope of their employment from any suit, claim, liability, loss or damage (including reasonable
attorney's fees) arising out of negligence or willful misconduct of CONSULTANT, out of or in connection
with CONSULTANT's failure to reasonably perform CONSULTANT's duties and responsibilities pursuant
to this Agreement.
To the fullest extent permitted by law, and not withstanding any other provision in the Agreement
CONSULTANT and CONSULTANT's officers, directors, partners, employees, agents and CONSULTANT's
Subcontractors and Consultants shall not be liable to CITY or anyone claiming by, through or under CITY
for any special, incidental, indirect or consequential damages whatsoever, including commercial loss, loss
of use or lost profits, arising out of, resulting from or in any way related to this Agreement or the work
to be performed by CONSULTANT pursuant to this Agreement from any cause or causes, including but
not limited to any such damages caused by the negligence, professional errors or omissions, strict liability,
breach of contract or warranty express or implied of CONSULTANT, or CONSULTANT's officers,
directors, partners, employees, agents or CONSULTANT's Subcontractors and Consultants, or any of
them, even if CONSULTANT has been advised of the possibility of such damages.
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the
total liability, in the aggregate, of CONSULTANT and CONSULTANT's officers, directors, partners,
employees, agents and CONSULTANT's Subcontractors and Consultants, and any of them, to CITY and
anyone claiming by, through or under CITY, for any and all claims, losses, costs or damages whatsoever
arising out of, resulting from or in any way related to this Agreement or the work performed by
CONSULTANT pursuant to this Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of contract or warranty express or
implied of CONSULTANT or CONSULTANT's officers, directors, partners, employees, agents or
CONSULTANT's Subcontractors or Consultants or any of them, shall not exceed [$100,000 or] the total
compensation received by CONSULTANT under this Agreement [whichever is greater].
X. STANDARD OF CARE. In performing the services, CONSULTANT will exercise the degree of care and
skill ordinarily exercised by reputable companies performing the same or similar services in the same
geographic area at the time the services were performed.
No warranties or guaranties, express or implied, are made with respect to any goods or services provided
under this agreement, and any implied warranties of merchantability or fitness for a particular purpose
are expressly disclaimed.
Y. ATTORNEYS' FEES. Should either party successfully bring any manner of legal action against the other
party, or successfully defend against any suit brought by either party, arising out of or in connection with
disagreement, each party agrees to pay all reasonable attorneys' fees as well as costs incurred by either
party in bringing or defending such an action.
Z. AUTHORIZING ACTION. This Agreement is entered into by CITY pursuant to Motion/Resolution of the
City Commission passed at a meeting held on 4A�� 1996.
AA. MODIFICATION CLAUSE. It is further agreed that no modification, amendment or alteration in the terms
is or conditions contained herein shall be effective unless contained in a written document executed with
Engagremmpd
9 05129196
rI
the same formality and with equal dignity herewith. Such modification or amendment shall be attached to, and
shall thereupon become a part of this Agreement.
BB. 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.
CC. HEALTH AND SAFETY. CONSULTANT shall not be responsible for health or safety programs or precautions
related to CITY's activities or operations, CITY's other contractors, the work of any other person or entity, or
CITY's site conditions. CONSULTANT shall not be responsible for inspecting, observing, reporting or correcting
health or safety conditions or deficiencies of CITY or others at CITY's site, and CITY agrees to indemnify, hold
harmless and defend CONSULTANT against any claims arising out of such conditions or deficiencies. So as not
to discourage CONSULTANT from voluntarily addressing health or safety issues while at CITY's site, in the event
CONSULTANT does address such issues by making observations, reports, suggestions or otherwise, it is understood
and agreed that CONSULTANT shall nevertheless have no liability or responsibility arising on account thereof.
DD. OTHER CONTRACTORS. CONSULTANT shall not have any duty or authority to direct, supervise or oversee any
contractors of CITY or their work or to provide the means, methods or sequence of their work or to stop their
work. CONSULTANT's services and/or presence at a site shall not relieve others of their responsibility to CITY
or to others. CONSULTANT shall not be liable for the failure of CITY's contractors or others to fulfill their
responsibilities, and CITY agrees to indemnify, hold harmless and defend CONSULTANT against any claims arising
out of such failures.
EE.
FF
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.
SIGNATORY AUTHORITY. The CONSULTANT shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement.
Engagrem.wpd
10 05/29/96
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above.
0
METCALF & EDDY, INC.
CITY OF TAMARAC
By. t By:
Ro6ee-b S. Ortx., Vice President le"
,orman Abramowitz
Mayor
h1i11:611i
By: By:
P6 lip M. Mayn', ttn , C orate Secretary Robert S. Noe, Jr.
City Manager
•
•
[SEAL]
ATTEST:
By:
Carol Evans
City Clerk
Approved as to Form:
Illlltchell Kraft
Attorney for City of Tamarac
[SEAL]
Engagrem.wpd
j 1 05129196
4~ �� G EXHIBIT A
Metcalf & Edd v
. , M Air 6 W" %rsM"" Camp"
BILLING RATES
EI1acliwt ja nuery. 19Bd
u1B°A'
CONSULTING 1 ENGINEERING
Hourly
Ratan
Prof Dir/Princ�Sr. Tech Dir (Gr. E09-EtQ)
161
Sr. Proj Most Tech Spec a(Gr. EM)
136
Pro( Mgr/Sr. Prnj Sci It or Eng IUSr. Tech Spec 1/Ss Prof Des EN d(Gr. ELTn..........._..
110
. Sr Pro( Sci 1 or Sr. Pro Eng 1/Teah Span Im. Pro( Des Eag I(Gr. Ecm
81
Prey] Sci 11 or Ptoj Eng II/I'edh SPec I/Sr. Des Eng a(Gr. S i•---------�---
Ili
Prnj Sci 1 Cr Pro( Eng I/&. Sci u cr Sr. Eng WTeoh SPac Wr. Dos ling 1(Gr. 04)
76
Sr SW I or Sr. Eng 1/ On Eng II(Gr. EMS)
as
SW Il at Eng i1/ Des Eng 1/Spec d(Gr. EM_ .. .....
6B
Sel I or Eng d Pmj Assr/Spec I(Gt EO1)....._ ......_.....,_
61
CONSTRUCTION / FIELD SERVICES
Praj Ccn*W Mgr/Sr- Cc= Spec(Cat 07) _._ .__....._.......,.... .....
S3
Cana Spec II/Fld Praj Mqr IUFtes Rep d(Gr. EOB)............».. ..
77
Canst Spec Wid Pmj Mgr I/Res Rep I(Gr. EQ6).r... �..
71
Sr Field Canst Svcs SpOWE51imWmr(Gr. E03-E04).....�.
61
Field Cwa t Svcs Speoflrwpscwr(Gr. ED1--Em...
46
Sr. FtuamarvSr. Laborer II(Gr. N04)...-,.._......»..�...._........_,
50
Foreman 013r. Labww I/St CPenmx(Gt NOq.
69
Famman I/Laborer il/Cperatar(Gr . NO2)
31
Labomr(Gr. N01)...,.,..
25
tMQN AND DRAFTING
Sr. Tech 11I/Sr. Designer 11 (Gr. NOS)
Q1
Sr Tech II/Sr. Designer.l (Gr. N04). .,,.. _
a
Sr. Tach I/Sr. Cosigner/Sr. 0r8201, (Gr. NM)_...--
i6
Tech II/ Drafter (Gr. NO2).._- ................._..... ........«......
37
En Aide (Gr. N01)... .. ..».._.....,.,
19
PROJECT SUPPORT SERVICES
Paralegal/Sr. CocrdinaWiSr. Clerk A(Gr. N04)......._. .....,.
!1S
St Secr or Admin Asat/Ccordbudor IUSr. Clark I(Gr. NOS) ...
46
Secretary/Carrrdbuftr/Cterk 11(ar. Nm
27
Clerk I(Gr. N01).........._.................
19
�ISE9
EQUIPMENT USAGE
Mainli =4 Based CADO................ ... ..,.�...,.
22
PC eased CADD........w........ .,...
10
Personal CamputarMkwd Processing E9uaP....,._..,_- .._. ,...
S
Feld and Health & Safety._ ., _ palermamp e"
Pd= Li=
NONSAL.ARY EXPENSES ............. ................�.... 1.11iees cam
Nansalary expenses include. but am not Muffed to. such typical eyepertees as the
oast at Vanspor=on and subsisb ui s. talephane and >y00%x usage: prith" and repnmhm lm
equipment and "wrial s; id4chtilrable supplies: outside can#u�artt ehar"M "=*=a *w
services such as sumays and subsurfaca moons% boa" by in-howe and
I camnwcsal laboratories: chwgm by nwWrm q authoribss; and similar sat-ttfi pccka
axp4nses
13111NO RATES ARE SUBJECT TO INCREASE DUIUNG THE COURSE OF EACH YEAR. A LATE
PAYMENT CHARGE WILL BE APPLIED TO ANY UNPAID BALANCE BEGUNNING So WAYS AFTER
THE
DATE OF THE ORIGINAL INVOICE. '
►v-= , :gin
•
C�
is
CITY OF TAMARAC
UTILITIES DEPARTMENT
CITY CONSULTING ENGINEERING SERVICES
This Agreement, made and entered into and effective this le'�4 day of, 1996 by and
between: 6'
CITY OF TAMARAC, a municipal corporation, created pursuant
to the Laws of the State of Florida, hereinafter called "CITY",
and
HARTMAN & ASSOCIATES, INC. hereinafter called "CONSULTANT"
WITNESSETH:
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 five 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. 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 related to various
miscellaneous projects, including but not limited to services as Consulting Engineer with respect to
utility bond trust indentures. Each specific task to be performed shall be identified and described in
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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. BOND INDENTURE CONSULTING ENGINEER. CONSULTANT shall be the
"Consulting Engineer", under the existing refunded bond issue and shall perform all duties assigned.
Further, when CITY issues new utility bonds subject to new bond trust indentures then
CONSULTANT shall perform such "Consulting Engineer" services as may be described in said new
indentures and succeeding Resolutions.
B. ATTENDANCE AT MEETINGS. After CITY has issued a written authorization for
a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be
considered as part of that task. In addition, CONSULTANT shall be subject to such provisions as
may be contained in the task authorization. However, it is contemplated that from time to time CITY
will desire that CONSULTANT meet with representatives of CITY and/or other organizations to
discuss subjects not directly related to an already 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 CONSULTANTS Job
Number for that task hereby is established as 96-108.00. However, CONSULTANT shall not attend
any particular meetings unless CTTY has issued specific oral instructions that CONSULTANT is to
attend. The scope of work for Job Number 96-108.00 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 96-108.00 will identify the specific meetings to which they
apply. All fees for services on Job Number 96-108.00 will be compensated as defined in Section III.A
herein.
C. REVIEW OF DEVELOPMENT PLANS. CONSULTANT shall review and
comment to CITY on those developmental plans submitted to CTTY which CTTY determines will
require either more engineering expertise or more time than available to CITY's own engineering staff.
D. OTHER 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:
Special Reports and Studies.
2. Assistance in securing, monitoring and complying with County, State, or
Federal Grants and Permits.
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HAI #96-108.00
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.
4. Surveys, property plats and descriptions.
S. 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,
dated, approved by City Commission, and signed by CITY's and CONSULTANTs 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.
11. 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 Utilities 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, CTTY 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.
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
GCH/ch/A-6/Tamarac.Agm -3-
HAI #96-108.00
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.
III. FEES AND PAYMENTS
A. 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. Schedule of Hourly Rates Plus Reimbursement for Non -Salary Costs. Hourly
rates for employees actually working on an authorized assignment. CONSULTANT's Schedule of
Hourly Rates for personnel is set forth in Exhibit "A" which is identified, attached to and made part of
this Agreement.
CONSULTAN '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). Such
non -salary costs and other charges (Schedule for Reimbursable expenses) is set forth in Exhibit "B"
which is identified, attached to and made a part of this Agreement.
2. Under certain conditions, CITY may accept:
A. Fixed Lump Sum Fees, provided CONSULTANT can substantiate his
costs and profit, margin, and CTTY 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. METHOD OF PAYMENT. Payment as prescribed for services rendered by
CONSULTANT during the previous billing period shall be due and payable as of the date of invoice,
and shall be paid by CITY no later than the forty fifth (45th) day after the date of invoice, 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 CM 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. A
summary shall be submitted by CONSULTANT indicating each employee's name, employment
classification, and hours worked on the project for the invoice period.
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HAI #96-108.00
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
96-108.00, as noted hereinbefore. Each separate task authorization shall include information as to start
and completion times for that task.
V. 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 CONSULTA.NT's offices located at 201 East Pine Street,
Suite 1000, Orlando, Florida. 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 thirty (30) days' prior written notice to Cm.
Individual
Or.cwence a at
General Liability
Bodily Injury, Including Death and
Property Damage $1,000,000 $2,000,000
Automobile Liability
Bodily Injury, Including Death and
Property Damage $1,00000 $1,000,000
Professional Liability $2,000,000
All premiums shall be at the expense of CONSULTANT. All Insurance Companies provided shall:
Be rated at least A VII per Best's Key Rating Guide; Be licensed to do business in Florida.
C. WORKERS' 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 attached to this Agreement.
D. INTERRUPTION: POSTPONEMENT; ABANDONMENT. In the event the work
herein contemplated, or any part thereof, shall be abandoned due to circumstances which CITY
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,/,9G-l63
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.
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 INTERPRETATION. In the event of any disputes as to the
interpretation of the terms of this Agreement, the decision of CM 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.
G. RIGHTS IN DATA COPYRIGHTS, DISCLOSURE.
a. Definition. The term "data" as used in this Agreement includes written reports,
studies, drawings, or other graphic, electronic, chemical or mechanical representation.
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 CONSULTANTs 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. CONSULTANT shall not include in the data any copyrighted matter
is 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.
GCH/ch/A-6/Tamarac.Agm -6-
HAI #96-108.00
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-DISCREMWATION. 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
moneys to be paid hereunder with the prior written consent of CITY.
L. C2NSTRUCTION_ESTIMATES. Estimates of cost for any facilities considered and
designed under this Agreement are prepared by ENGINEER through exercise of its experience and
judgment 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.
N. ON -SITE 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.
GCH/ch/A-6/Tamarac.Agm -7-
HAI #96-108.00
0 O. TMIE 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. OBLIGATIONS OF CITY TO CONSULTANT. CITY shall make available to
CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but
not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans,
inventories, data, etc. CITY shall be responsible 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. CONSULTANTs work shall be subject to the inspection and
direction of CITY which shall conduct periodic reviews with CONSULTANT. Where
CONSULTANTS work is unsatisfactory to CITY, it shall be corrected by CONSULTANT at the
direction of CTTY 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, CTTY 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.
S. CONSULTANTs 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 parry 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:
GCH/ch/A-6/Tamarac.Agm -8-
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Is
I m$e) I IVA
With copy to:
For CONSULTANT:
Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Mitchell Kraft
City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Gerald C. Hartman, P.E.
President
Hartman & Associates, Inc.
201 East Pine Street, Suite 1000
Orlando, Florida 32801
U. TERMINATION OF AGREEMENT. CITY or CONSULTANT may terminate this
Agreement by giving 30 days prior written notice to the other parry. 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
CONSULTANTS responsibilities and duties pursuant to this Agreement.
In no case shall CTTY be liable for damages to CONSULTANT as a result of CTTY'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.
.,
. EXCLUSIVE AGREEMENT. CM 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 CTTY and any other engineering firms.
W. INDEMNIFI ATI N. 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 CONSULTANTs failure to
reasonably perform CONSULTANTS duties and responsibilities pursuant to this Agreement.
GCH/ch/A-6/Tamarac.Agm -9-
HAI #96-108.00
C 56 1(�;3
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X. WARRANTIES. CONSULTANT warrants that all specifications, documents, or
drawings prepared by CONSULTANT, or on CONSULTAN 's behalf are accurate, capable of
being implemented and may be relied upon by any Contractor retained by CITY.
Y. ATTORNEYS' FEES. 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. AUTHORIZING ACTION. This Agreement is entered into by = pursuant to
Motion/Resolution of the City Commission passed at a meeting held on
1996.
AA. MODIFICATION 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.
BB. DISCRIMINATIONDISCRIAM4ATION 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.
CC. VE . 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.
DD. SIGNATORY AUTHORITY. The CONSULTANT shall provide the City with
copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority
to enter into this Agreement.
GCH/ch/A-6/Tamarac.Agm -10-
HAI #96-108.00
•
•
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first
written above.
HARTMAN & ASSOCIATES, INC. CITY OF TAMARAC
By: By:
Gerald C. Hartman _ No Abramowitz
President Mayor
ATTEST:
By: (4ima, e;�6�
Harold E. SchmidARE.
Corporate Secre
[SEAL]
GCH/ch/A-6/Tamarac. Agm
HAI #96-108.00
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B
y:
Robert S. Noe, Jr.
City Manager
ATTEST:
By:
Carol Evans
City Clerk
Attorney for the City of Tamarac
[SEAL]
•
•
EXHIBIT "A"
GCH/ch/A-6/Tamarac. Agm -12-
HAI #96-108.00
/6�
HARTMAN & ASSOCIATES, INC.
HOURLY RATE SCHEDULE
Gerald C. Hartman, P.E.
Partners/Principals (P.E./ P.G./ P.L.S.) - (Schmidt, Christopher, Rynning, Drake, Luke)
$150.00
$115.00
Senior Manager/Senior Engineer
$99.00
Division Manager/Chief Engineer (P.E./P.L.S./C.M.C.)
$90.00
Engineer VIII (P.E.)
$80.00
Senior Project Manager
$72.00
Engineer VII (P.E.)
$72.00
Engineer VI (P.E.)
$66.00
Engineer V (P.E.)
$60.00
Engineer IV
$55.00
Engineer III
$50.00
Engineer I/II
$45.00
Senior Scientist
$60.00
Engineer Inspector
$50.00
Inspector
$40.00
Senior Planner
$50.00
Hydrogeologist VIII (P.G.)
$83.00
Hydrogeologist VII (P.G.)
$72.00
Hydrogeologist VI (P.G.)
$66,00
Hydrogeologist V
$60.00
Hydrogeologist IV
$55.00
Hydrogeologist III
$50.00
Hydrogeologist I/H
$45.00
Hydro Technician 11
$35.00
Hydro Technician I
$25.00
Engineering Designer lII
$50.00
Engineering Designer H
$45.00
Engineering Technician IV
$45.00
Engineering Technician III
$40.00
Engineering Technician H
$35.00
Engineering Technician 1
$30.00
Land Surveyor
$45.00
Survey Crew Chief
$40.00
Survey Technician III
$40.00
Survey Technician H
$35.00
Survey Technician I
$25.00
Graphics Manager
$45.00
Graphics Technician
$35.00
Senior Rate Analyst (M.B.A.)
$60.00
Senior Rate Analyst
$55.00
Rate Analyst
$45.00
Secretarial Support
$20.00
Reproduction/Courier Support
$25.00
Administrative Assistant
$50.00
Senior Word Processor
$37.00
Word Processor
$30.00
Rod -man
$20.00
Effective Date: August 10, 1995
(Hourly rates are reviewed annually and may be adjusted to reflect changes in the various elements that comprise
at/Misc5/3HrlyRte.Sch 8/10/95
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GCH/ch/A-6/Tamarac.Agm -13-
HAI #96-10$.00
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HARTMAN & ASSOCIATES, INC.
OTHER DIRECT COST SCHEDULEM
Office Equipment
In-house Copies: letters/small documents
In-house Copies/Reports
In-house Prints 24" x 36"
Postage
Federal Express/UPS
Telephone
Travel
Mylars
Sepias
Equipment Rental
Computers
Word Processing
Facsimile Transmission
CADD Usage
3.5 Diskettes
Image Reader and Optical Scanners
Subsistence
Outside Printing/Reproduction
Subconsultants
Laboratory Analysis
HAI Field Equipment
Digitization/Planimeters
No Cost
No Cost
$0.10 each
$1.00 each
No Cost
At Cost
No Cost
$0.25/mile - private car
At Cost - rental car
At Cost - Commercial Airline
$60/hour in C-172; $95/hour in C-182;
$125/hour in Bonanza; Other 6 seat
$220/hour
Wait time at destination $15/hour
Gas Cost - company car
At Cost
At Cost
At Cost
No Cost
No Cost
No Cost
No Cost
No Cost
No Cost
At Cost
At Cost
At Cost
At Cost
At Cost
No Cost
9 (1) If Other Direct Cost is not listed then client will pay actual vendor cost incurred.
at/Misc5/ODCS.Mis
8/4/94