HomeMy WebLinkAboutR-2005-097 Gerhardt Witt re city well water RESOLUTION NO. 2005-097
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AUTHORIZING EXECUTION OF A WORK ORDER
AGREEMENT WITH GERHARDT M. WITT AND ASSOCIATES, INC. FOR
THE INSTALLATION OF MONITORING WELLS IN THE CITY'S
WELLFIELD TO MONITOR WATER QUALITY CHANGES; PROVIDING
FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2002, the City Commission adopted Resolution No. 2002-
12E approving the Water, Wastewater and Stormwater Facilities Plan, which includes water
supply goals; and
WHEREAS, one of the key goals of the Plan is the protection and continued use of the raw
water supply from the City's wells; and
WHEREAS, there has been decreased water quality in the "H" well, which was
rehabilitated in 2003, which may impact the long-term viability of the well; and
WHEREAS, Gerhardt M. Witt and Associates, Inc. has submitted a Work Order
Agreement proposal for services associated with the protection and continued use of the raw
water supply from the City's wells; and
WHEREAS, the detailed scope of Services for the Agreement is attached and
incorporated as Exhibit A; and
WHEREAS, the firm will perform the services stated in Exhibit A for a lump sum fee of
$24,199.00 including labor, subconsultants and other direct costs, which also includes related
reimbursable expenses;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute a Work Order
Agreement with Gerhardt M. Witt and Associates, Inc. in connection with a project to protect
and continue use of the raw water supply from the City's wells.
1
Section 2. That funding of $24,199.00 shall be funded from the Contingency of the
Water Fund. The Director of Finance is authorized to transfer the said amount from the Water
Administration Contingency account to the Water Plant Professional Services account.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 28, 2005.
0,., �("�
ANNE CASTRO
MAYOR—COMMISSIONER
A TEST:, ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO —YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
• CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: AA
TH, M . SBRO
CITY TTORNEY
2 RESOLUTION#2005-097
AGREEMENT
THIS IS AN AGREEMENT(the"Agreement")entered into and effective on-JV/u'f,.R ,
2005 between: THE CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the
"City") and GERHARDT M. WITT AND ASSOCIATES, INC., a Florida corporation (the
"Consultant").
In consideration of the mutual covenants,terms and conditions contained in this Agreement,
and other good and valuable consideration,the adequacy and receipt of which are acknowledged, the
parties agree as follows:
l. General Services. The Consultant agrees to perform consultant services for the City
related to the City water well installations. The "Scope of Services" is contained in the March 22,
2005 letter sent by the Consultant to the City Manager, a copy of which letter is attached and
incorporated by this reference, and referred to in this Agreement as Exhibit A.
2. a) Commencement Date. The services shall commence on the date first
appearing above (the "Commencement Date").
b) Methodology of Analysis. In all tasks, the Consultant will incorporate
• methodologies accepted and practiced by professional hydrogeologists in the state of Florida. All
relevant governmental agencies' practices will be observed.
c) Subcontracts. If subcontractors or subconsultants are necessary to be utilized
to accomplish any services, the Consultant will obtain written approval from the City prior to such
utilization. Consultant acknowledges and agrees that it bears the ultimate responsibility for all work
product of all services regardless of whether they or any portion of them are prepared by Consultant
or any subcontractor or subconsultant. The Consultant shall be fully responsible to the City for all
errors and omissions of any approved subcontractors or subconsultants since they are selected by
Consultant. Subcontractors or subconsultants shall provide the general liability,professional liability,
and Workers' Compensation insurance as required by the City, or be covered by Consultant's
insurance. The Consultant shall promptly furnish the City with the appropriate proofs of insurance
from all subcontractors or subconsultants in connection with the services to be performed.
3. Payment for Services.
(a) City agrees to pay Consultant for services provided as specified in Exhibit A.
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4. Indemnification of City.
(a) To the fullest extent permitted by law, Consultant agrees to indemniAy,save
and hold harmless the City, its officers, agents and employees from liabilities, damages, losses, and
costs,including,but not limited to,reasonable attorneys' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful misconduct of the Consultant or its subcontractors or
subconsultants, agents, servants or employees or all of them in the performance of services pursuant
to this Agreement.
(b) It is specifically understood and agreed that the consideration inuring to the
Consultant for the execution of this Agreement consists of the promises,payments,covenants,rights
and responsibilities contained in this Agreement.
(c) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
(d) In no event shall Consultant be liable,regardless of whether any claim is based
on contract or tort, for any special,consequential, indirect or incidental damages, including, but not
limited to, lost profits, arising out of or in connection with this Agreement.
5. Insurance. Despite any provision in Exhibit A which is or may appear to be to the
contrary, Consultant shall provide,pay for and maintain in force at all times during the term of this
Agreement,such insurance,including Workers' Compensation insurance and comprehensive general
automobile liability insurance as stated below:
(a) Workers' Compensation insurance to apply for all employees in compliance
with the "Workers' Compensation Law" of the state of Florida and all
applicable federal laws, for the benefit of the Consultant's employees.
(b) Comprehensive general automobile liability insurance, with minimum limits
of Five Hundred Thousand Dollars($500,000.00)per occurrence,combined
single limit for death, bodily injury liability and property damage liability.
The City is to be included as an "additional insured" with respect to any
claims arising out of this Agreement.
(c) If Consultant hires a subcontractor or subconsultant for any portion of any
work, then each such subcontractor or subconsultant shall provide the same
insurance as specified above.
(d) The Consultant shall promptly provide the Risk Manager of the City all
applicable Certificates of Insurance for coverages and policies required by
this Agreement. All applicable certificates shall state that the City shall be
• given thirty (30) days' advance notice prior to expiration or cancellation of
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any policy. Such policies and coverages shall not be affected by any other
is
policy of insurance which the City may carry in its own name.
6. Assignment of Agreement.
(a) It is understood and agreed by both parties that this Agreement,in whole or in
part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of
City. The City is relying upon the apparent qualifications and expertise of Mr. Gerhardt M.Witt,
P.G., Principal Hydrogeologist, and such person's familiarity with the City's circumstances and
desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant shall
tender one or more substitutes acceptable to City. In the event the City is not, for any reason or no
reason at all, satisfied with any such substitute, Consultant shall be considered in breach of this
Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by
Consultant and City may,at its discretion,terminate this Agreement for cause and all rights,title and
interest of Consultant in this Agreement shall then cease and terminate.
(b) The Consultant acknowledges, understands and agrees that its performance
under this Agreement is contingent upon the City receiving timely services from the Consultant and
any authorized subcontractor or subconsultant. The Consultant agrees to use its best efforts to
coordinate its services with the services of the subcontractors or subconsultants and further agrees
that in the event the rendition of any services of any of the subcontractors or subconsultants is
delayed, such delay will not entitle the Consultant (nor any subcontractor or subconsultant)to any
additional compensation or payment of any kind. Furthermore,the Consultant shall not be entitled to
• an increase in compensation, or be entitled to payment of any kind from the City, for damages or
expenses incurred which are direct, indirect or consequential or impact fees or other costs and lost
profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended
overhead, arising because of any other delay,disruption,interruption,interference or hindrance from
any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision
shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by
fraud, bad faith, gross negligence or active malicious interference on the part of the City.
(c) City acknowledges,understands and agrees that its timely provision of readily
available background data, review of draft work products, and consideration of report findings and
recommendations at staff and public meetings is essential to the completion of the tasks in a timely
manner. Any undue or unreasonable delay by the City in performing these activities may cause the
Consultant to not perform the services in a timely manner. Consultant will not be held responsible
for such delays and may incur additional costs. Payment of such additional costs will be mutually
agreed upon in writing between the City and the Consultant.
7. Examination of Records. Consultant shall maintain books, records, documents and
other evidence directly pertinent to performance of services under this Agreement in accordance with
generally accepted accounting principles and practices. The City shall have access to such books,
records, documents and other evidence for inspection, audit and copying during normal business
. hours. The Consultant will provide proper facilities for such access and inspection. Audits
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conducted under this section shall observe generally accepted auditing standards and established
. procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida
Statutes,may have application to records or documents pertaining to this Agreement and Consultant
acknowledges that such laws have possible application and agrees to comply with all such laws.
8. Termination. Despite provisions appearing in Exhibit A to the contrary,the following
provisions are controlling:
(a) Termination of Agreement for Convenience. It is expressly understood and
agreed that the City may terminate this Agreement at any time for any reason or no reason at all by
giving the Consultant notice by certified mail, return receipt requested, directed to the principal
office of the Consultant, fifteen (15) days in advance of the termination date. In the event that the
Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agreement up to
the termination date. Such compensation shall be based on the fee percentage of services completed,
as fairly and reasonably determined by City after conferring with Consultant.
(b) Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant advance written notice. If Consultant promptly
cures the matter giving rise to the cause within that time,this Agreement shall continue. If not cured
within fifteen(15)days of written notice,the Agreement will stand terminated and the City will pay
Consultant for acceptable work completed less any costs,expenses and damages incurred by City as
a result of such termination. If a court of competent jurisdiction determines that the termination was
not authorized under the circumstances then the termination shall be deemed to be a termination for
convenience.
9. Ownership of Documents. All correspondence, studies, data, analyses, documents,
instruments, applications,memoranda and the like,including drawings and specifications prepared
or furnished by Consultant (and Consultant's independent professional subcontractors or
subconsultants)pursuant to this Agreement shall become owned by and be the property of the City,
upon payment being made to Consultant as provided in this Agreement, including rights under
copyright law. Any modifications made by the City to any of the Consultant's documents, or any
partial use or reuse of the documents without written authorization or adaptation by the Consultant
will be at the City's sole risk and without liability or legal exposure to the Consultant, and the City
shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and
expenses, including but not limited to attorneys' fees, resulting from such use.
10. Notices. Except as provided above,whenever either party desires to give notice to the
other, it must be given by written notice, sent by certified U.S. 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 in compliance with the provisions of this paragraph. For the present,the parties designate the
following as the respective persons and places for giving of notice:
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City: Ivan Pato
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Consultant: Gerhardt M. Witt, P.G.
Principal Hydrogeologist
Gerhardt M. Witt & Associates, Inc.
1495 Forest Hill Blvd., Suite F
West Palm Beach, FL 33406-6073
11. Consent to Jurisdiction. Despite provisions to the contrary in Exhibit A, the parties
agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be
the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the
federal District Court in the Southern District of the United States. Each party further agrees that
venue of any action to enforce this Agreement shall be in Broward County; Florida.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. Attornevs' Fees and Costs. If City or Consultant incurs any expense in enforcing the
terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and
expenses including, but not limited to, court costs and reasonable attorneys' fees.
14. Headings. Headings in this document are for convenience of reference only and are
not to be considered in any interpretation of this Agreement.
15. Severability. If any provision of this Agreement or the application of it to any person
or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable,shall not be affected, shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
16. All Prior Aereements Superseded. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments,agreements
or understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
• predicated upon any prior representations or agreements, whether oral or written.
Page 5
• 17. Consultant and its employees and agents shall be and remain independent contractors
and not employees of City with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the parties to this
Agreement.
18. The Consultant understands and agrees that the City, during any fiscal year,is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year and that any contract,verbal or written,made in violation of this subsection is
null and void and that consequently, no money may be paid on such contract beyond such limits.
Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one
(1)year,but any contract so made shall be executory only for the value of the services to be rendered
or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under
this Agreement without City's written verification that the funds necessary for Consultant
compensation and other necessary expenditures are budgeted as available within the appropriate
fiscal year budget.
19. Consultant warrants and represents that no elected official,officer,agent or employee
of the City has a financial interest,directly or indirectly, in this Agreement or the compensation to be
paid under it and, further, that no City employee who acts in the City of Dania Beach as a
"purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer
of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or
appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no
such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any
of them,alone or in combination,has a material interest in the Consultant. Material interest means
direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the
Consultant.
20. Consultant shall comply with all applicable federal, state and City laws applicable to
the Consultant services and specifically those covering water quality, Equal Opportunity
Employment, the Americans With Disabilities Act ("ADA") and the Florida Building Code. The
Consultant (including any subcontractor or subconsultant) is expected to fully comply with all
applicable provisions of such laws and the City reserves the right to verify compliance with them.
Failure to comply with any laws will be grounds for termination of the Agreement for cause.
21. In the event of any conflict between any provisions of this Agreement and any
provision in Exhibit A, the parties agree that the provisions of this Agreement are controlling
(including, but not limited to, all terms and provisions governing compensation). In addition, the
provisions in Exhibit A entitled "Termination", "Limitation of Liability" and "Insurance" are
specifically deleted in their entirety.
•
Page 6
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
• year first above written.
CITY:
CITY OF DANIA BEACH,
a Florida municipal corporation
ATTEST:
1
j1
LOUISE STILSON, CITY CLERK ANNE CASTRO, MAYOR
/IVAN P- T -, CITY MANAGER
t
APPROVED FOR FORM AND CORRECTNESS:
BY:
• THO AJS J. A SBRO, CITY ATTORNEY
•
Page 7
Signed, sealed and delivered GERHARDT M. WITT& ASSOCIATES,
in the presence of: INC., a Florida corporation
WITNESSES:
B V.
-S�i'g—nature ' er7hardt M. Witt, P.G.
Print Name
lAt
Signature !I
Print Na
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on 7'L 2005, by
Gerhardt M. Witt,as &J.i rip"--j of Gerhardt M. Witt&Associates,Inc.,a
+• Florida corporation, on behalf of the corporation. He is personally known to me or has produced
FLI.J(, a as identification and did (did not)take an oath.
My Commission Expires: 0 i
f
NotaiPublic, State of Florida
6LORGINA C.OLIVER
FXPIRSSAzinuary'7.2(���
I-U?LNIGTA!;Y rL NV:vV SL-WIRIS
Page 8
Gerhardt Al.
wi
tt 1495 Forest Hill Blvd.,Suite F
flmd&IC5,lit. West Palm Beach, Florida 33406-6073
(561) 642-9923 Fax: (561)642-3327
Sent via: HAND DELIVERED
March 22, 2005
Mr. Ivan Pato
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: SCOPE OF SERVICES
CITY OF DANIA BEACH
MONITOR WELL INSTALLATION OVERVIEW
Dear Mr. Pato:
• As previously discussed, enclosed is Gerhardt M. Witt&Associates, Inc.'s("GMW&A")Scope of
Services for providing to the City of Dania Beach, Florida, ("City") hydrogeologic consulting
services for the installation of four(4) monitor wells. Engineering services shall be performed by
PUMPS, Inc. This Scope is valid for signing for 60 days from the above date. Prices listed in this
scope are good for two (2) months after the signing date. Any work performed after the two (2)
month period is subject to adjustment of the budget. We reserve the right to modify our rates upon
notice.
TASK I MONITOR WELL CONSTRUCTION OVERVIEW
GMW&A will provide hydrogeologic field services during the construction of four (4),
Biscayne aquifer,monitor wells, in two(2)clusters of one(1)deep monitor well and one (1)
shallow monitor well. The deep monitor wells are anticipated to be approximately 120 feet
total depth, and the shallow monitor wells are anticipated to be approximately 60 feet total
depth. The purpose of these monitor wells is monitor for the potential of saltwater intrusion.
If the number (quantity) of new wells should change, the Scope of Services and costs will
be adjusted accordingly. These services will be provided only during those portions of the
well construction and testing when it is deemed necessary to have an on-site hydrogeologist
present. The estimation of hours and budget is based on this assumption, but does include
hydrogeologic field overview services at times other than well development. City personnel
File:108.0-6 Moni tor_W tll_S4S-acd.wpd
Hydrogeology, Geology, and Water Resources
Gerhardt ff
Witt
&ksodutes,14C.
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 2
should provide periodic,daily overview of well development. Hydrogeologic field services
will be provided during the following times of each monitor well's construction: borehole
drilling, well testing, installation and cementing of the monitor well casing, and installation
of the monitor well screen and gravel pack (if necessary).
One (1)monitor well cluster is anticipated to be located east of the City's production Wells
G and H. The other monitor well cluster should be located north of Well H. A six(6)-inch
diameter test hole will be drilled to approximately 200 feet bls at the location of each deep
(120 foot) monitor well. During drilling, water samples will be collected at ten (10) foot
intervals and tested in the field for temperature, chloride, specific conductance, salinity,
sulfate, and total dissolved solids. Water samples will also be collected at ten (10) foot
intervals and delivered to Envirodyne, Inc., for analysis for the following constituents:
chloride, specific conductance, salinity, specific gravity, sulfate, total sulfide, and total
dissolved solids. After sampling,each 200 foot test hole will be backfilled to approximately
120 feet, and the deep monitor well will be installed in the remaining borehole. A shallow
(60 foot) monitor well will be installed approximately five (5) to ten (10) feet from each
deep monitor well. Time to test and drill the monitor wells is estimated to be ten(10) days.
We recommend that the wells be drilled using the dual-tube drilling method. The City is
responsible for all permit fees, laboratory analysis costs, and drilling contractor costs.
GMW&A will provide on-site water quality testing for temperature, chloride, specific
conductance, salinity, sulfate, and total dissolved solids. Envirodyne, Inc. will provide
laboratory analyses to include chloride, specific conductance, salinity, specific gravity,
sulfate,total sulfide,and total dissolved solids. The estimated laboratory cost is$105.00 per
sample. GMW&A anticipates obtaining a maximum of 40 samples for laboratory analyses.
The total costs for laboratory fees are estimated to be $4,200.00.
The cost to drill (using a dual-tube drilling rig) the monitor wells is estimated to be
approximately $24,500.00. GMW&A will provide general services during testing/
construction, including: review of pay estimates with written response regarding accuracy
and completeness of same, review of change orders (if any), review of substantial and final
completion; timely review, comment, and formal written response to the contractor's
questions (as necessary), and review and notification of approval/disapproval of final
reconciliation change order (final payment of the unit price contract).
MFile:108-0-6 Monitor_Wcll_SOS-aed.wpd
Gerhardt M.
e
hociki,Inc,
Mr, Ivan Pato
City of Dania Beach
March 22, 2005
Page 3
TASK 2 WELL COMPLETION REPORT
GMW&A will provide a report on the completion of the new, monitor wells. In this task,
analyses of the data collected in Task 1 will be performed. The report will include the water
quality analysis results, pertinent correspondence, a chronology of events during
construction, record drawings of the wells (subsurface), interpretation of the water quality
results, and recommendations on monitoring parameters and frequency for the new and the
existing monitor wells. We will provide three (3) copies of the final report to the City.
Schedule of Work
The work outlined herein should take approximately one(1)month to complete,upon receipt
of all data. This time estimate assumes that the contractor's field work proceed as originally
• scheduled.
Any permits and/or easements/rights of way are the responsibility of the City.
Project Budget
These work tasks will be completed based on GMW&A's 2005 fee schedule, attached as
Exhibit A. The cost estimates for Tasks 1 are Hourly Rate Plus Direct Expenses amounts.
The cost estimates for Tasks 2 are Lump Sum amounts. The total estimate for this Scope of
Services is$24,199.00. We will not exceed this amount without written authorization by the
City. Additional work(if required) will be negotiated, based on the work to be performed.
We have attempted to estimate the hours and costs associated with the project as best as
possible. However,some costs(especially field costs)cannot be defined in total at this time.
If the amount of work that is within this Scope of Services should change, the costs will be
adjusted accordingly. Alternatively,the City may request additional(out-of-scope)services
to be performed. As always, GMW&A will make every reasonable effort to reduce the cost
to the City where possible. These costs will not increase unless the scope of work increases
at the discretion of the City. GMW&A's scope does not include costs for responding to
regulatory Requests For Information. These costs are to be paid at an hourly rate plus
expenses.
File:108-O-e, Monitor_Well_SOS-aed.wpd
Gerhardt M.
Witt
&Associates,Inc,
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 4
Laboratory Fees
This Scope of Services does not include any laboratory fees. Laboratory fees are to be paid
directly by the City. Laboratory fees are estimated to be $4,200.00. These fees are in
addition to GMW&A budget costs. Our estimations of laboratory costs are based upon the
following breakdown:
Laboratory Number of Samples I Cost per Sample Total Cost
Envirodyne, Inc. 40 $105.00 $4,200.00
(estimated)
Grand Total $4,200.00
Method of Payment-Hourly Rate Plus Direct Expenses
The method of payment for Task 1 shall be hourly rate plus direct expenses (not to exceed).
The hourly rate plus direct expenses form of payment shall be limited by a "ceiling" or
"maximum," as established within the specific Scope. The hourly rates for personnel
involved with the project shall be as stated in the Scope. Payment shall be made monthly
for services provided during the preceding month. Payment requests shall state the number
of hours worked for each hourly rate classification. Direct expenses shall be documented.
Method of Payment- Lump Sum
The method of payment for Task 2 shall be lump sum. The lump sum form of payment shall
be compensation for all of GMW&A's professional services and direct expenses,as defined
in a specific Task. Payment shall be made monthly based upon GMW&A's estimate of the
percentage of the work completed.
File:108-0-0 Monitor_Well_SOS-aed.wpd
Gerhardt 11.
ifitt
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 5
Time of Payment
Payment to GMW&A by the City is to be made within thirty(30) calendar days of the date
of the invoice. Payments received later than thirty(30) calendar days shall be subject to an
additional one and one-half percent (1.5 %) per month late payment.
Payment Collection
In the event it is necessary to employ counsel to collect on outstanding invoices, purchaser
agrees to pay all costs and fees necessary for collection.
Invoice Discrepancy Notification
The City shall inform GMW&A in writing within seven (7) calendar days of GMW&A's
submittal of an invoice if the City believes GMW&A's invoice or invoice documentation is
insufficient. Failure to notify GMW&A will constitute acceptance of the invoice, invoice
amount, and invoice documentation.
Dispute Resolution
Settlement of all claims, disputes, and other matters in question between the parties to this
Scope, arising out of, or relating to this Scope or the breach thereof, shall be decided by
formal, non-binding mediation, with administrative costs paid by each party involved. In
the event mediation is unsuccessful, litigation shall be commenced in Palm Beach County.
It is expressly agreed that jury trial shall be waived.
Termination
This Scope may be terminated by GMW&A and/or the City upon seven (7) calendar days
written notice,in the event of failure by either party to perform in accordance with the terms
of this Scope. This Scope may also be terminated by GMW&A and/or the City for its
convenience by either party upon seven (7) calendar days written notice.
File:I US-O-b Monitor_Wc11_SOS-acd.wpd
Gerhardt 11,
Witt
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 6
Limitation of Liability
In recognition of the relative risks and benefits of the project to both the City and GMW&A,
the risks have been allocated such that the City agrees,to the fullest extent permitted by law,
to limit the liability of GMW&A and its subconsultants to 548,000.00 on the project for any
and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any
cause or causes, so that the total aggregate liability of GMW&A and its subconsultants to
all those named shall not exceed 548,000.00 or GMW&A's total fee for services rendered
on this project, whichever is greater.
Administrative Hearings Disclaimer
This Scope of Services does not include any costs associated with attendance of and/or
preparation for administrative hearings and/or expert testimony. Should this type of effort
be required, the work will be provided as an "out-of-scope" service at the direction of the
City, as mutually agreed upon in writing.
Permit Disclaimer
GMW&A does not and can not guarantee that any permits will be granted by any regulatory
agency, nor does GMW&A guarantee that a specific quantity of water will be permitted.
GMW&A does not pay the permit fees. The permit fees are the responsibility of the City.
Geologic/Hydrogeologic/Field Conditions Disclaimer
The City recognizes that geology and hydrogeology are not exact sciences and that
subsurface formations,lithology,and water chemistry can change. GMW&A will endeavor
to perform in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances. Upon
notice to GMW&A and by mutual agreement by the parties, GMW&A will correct those
services not meeting such a standard.
Pile:IUS-U-G Monitor_WCII_SOS-aed-wpd
Gerhardt Al.
Ifi tt
&Amcidlf�,Inc,
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 7
Contingency Fee
A 15% contingency fee has been applied to appropriate portions of selected tasks where
GMW&A cannot control the labor and/or expenses spent on the task (e.g., field work is
dependant on the contractor).
Right of Way/Easement and Survey Disclaimer
The City shall be responsible for delineating, obtaining, and permitting all rights of
way/easements for this project. The City is responsible for all survey costs (if applicable).
Insurance
During the term of this Scope,GMW&A agrees to provide evidence of insurance. GMW&A
agrees to attempt to maintain professional liability coverage for the period of design and
construction of the project, and for a period of two (2) years following substantial
completion,if such coverage is reasonably available at commercially affordable premiums.
For the purposes of this Scope,"reasonably available"and"commercially affordable"shall
mean that more than half the consultants practicing the same professional discipline in the
state where the project is located are able to obtain such coverage.
Engineering Services
PUMPS, Inc. and the City should note that our services do not include any engineering
services. The Engineer's services may include, but not be limited to, the following:
technical specifications for well pumps and appurtenances,electrical,structural,yard piping,
valving,piping,geotechnical,rights of way, contract/documents, bidding services, general
services during well and pipeline construction, resident construction services for well pad,
preparation and documentation of as-built drawings,and permitting. GMW&A will provide
technical support associated with our work to assist in engineering decisions on an as-needed
basis. PUMPS, Inc. and the City must provide assistance in obtaining data, reports, site
access, and rights of way (as needed).
File 108-0-6 Moni(or_Well_SOS-ued.wpd
Gerhardt A
Witt
& bodates,lnct
Mr. Ivan Pato
City of Dania Beach
March 22, 2005
Page 8
We have enclosed two (2) originals of this letter agreement(contract). One (1) original is for your
files. Please execute and return the second original for our files.
We look forward to working with the City of Dania Beach on this project. Should you have any
questions regarding this Scope of Services and Contract, please call.
Respectfully submitted, Agreed to this_ day of 12005
GERHARDT M. WITT & ASSOCIATES, INC. CITY OF DANIA B)��
7 /
,j
Gerhardt M. Witt, P.G. Ivan'Patfi
Principal Hydrogeologist ` City Manager
c: Fred Bloetscher, PUMPS, Inc.
Anne E. Dodd, Gerhardt M. Witt & Associates, Inc.
Accounts Receivable, Gerhardt M. Witt& Associates, Inc.
• File:105-0-o Monitor_We11_50S-2ed.wpd
Gerhardt A
Witt
&Ausocid 'Inc,
PROJECT BUDGET
Monitor Well Installation
City of Dania Beach
Total Estimated Cost
The following are the total estimated costs for Tasks 1 and 2 of the Scope of Services for the above-
referenced project. Costs for Task 1 are not to exceed costs for the project. Costs for Task 2 are
lump sum. Lump sum costs are for those tasks where Gerhardt M. Witt & Associates, Inc. can
reasonably be able to control the costs. Gerhardt M. Witt & Associates, Inc. reserves the right to
reallocate monies from one task to another, should the need arise.
Task No. 1 (Not to Exceed) $14,979.00
Task No. 2 (Lump Sum) $9,220.00
Total Estimated Cost (Tasks 1 and 2) $24,199.00
Fi lc:108-0-6 Monitor_W c11_SOS-aed.wpd
Gerhardt A
Witt
� �:associates,I�ct
PROJECT BUDGET
Task 1 Task 2
LABOR RATE
CATEGORY Hours Cost Hours Cost Hours Cost Hours Cost
Principal $150 16 S2,400 4 $600 $0 $0
Hydrogeologist
Forensic Work $200 0 $0 0 $0 $0 $0
Expert Witness $400 0 $0 $0 $0 $0
Sr.Associate $130 0 $0 30 $3,900 $0 $0
Hydrogeologist
Senior $100 0 SO 0 $0 $0 $0
Hydrogeologist
Hydrogeologist $70 120 S8,400 40 $2,800 $0 $0
Biologist S70 0 $0 0 $0 $0 $0
Computer $65 0 $0 0 SO $0 $0
Operator
Drafter S55 0 $0 20 $1,100 $0 $0
Technician $55 0 $0 0 $0 $0 $0
Contract Admin/ $50 10 $500 8 S400 $0 $0
Word Processing
File Clerk $40 4 $160 8 S320 $0 $0
Contingency Fee 15% $1,719 $0 $0 $0
Labor Cost Per Task: S 13,179.001SS9,120.00 $0.00 $0.00
OTHER DIRECT COSTS
Travel $400.00 $0.00 $0.00 $0.00
Air fare/Car Rental $0.00 $0.00 $0.00 $0.00
Lodging and Meals $0.00 $0.00 $0.00 $0.00
Computer Time $0.00 $0.00 $0.00 $0.00
Copies $0.00 $100.00 $0.00 $0.00
Field Supplies $0.00 $0.00 $0.00 $0.00
Equipment Rental $1,400.00 $0.00 $0.00 $0.00
Contingency Fee $0.00 $0.00 $0.00 $0.00
Miscellaneous Supplies $0.00 S0.00 $0.00 $0.00
Outside Professionals $0.00 S0.00 $0.00 $0.00
ODC per Task: S1,800.00 $100.00 $0.00 $0.00
Total Cost: $14,979.001 $9,220.001 $0.001 $0.00
• File:108-0-6 Monitor_Well_SOS-aed.wpd
Gerhardt A
91itt
� �l�ssociates,l�ct
EXHIBIT A
2005 HOURLY RATES
This communiqu6 establishes Gerhardt M. Witt&Associates,Inc.'s hourly billing rates forthe year
of 2005. The hourly billing rates detailed below are the total billing rates for each classification of
personnel who may be working on projects. These rates include all salary costs, overhead, and
profit.
The following hourly rates will apply through December 31, 2005:
Personnel Hourly rate
Principal Hydrogeologist $150.00
Forensic Hydrogeologist $200.00
Expert Witness $400.00
Senior Associate Hydrogeologist $130.00
Senior Hydrogeologist $100.00
Hydrogeologist/Biologist $70.00
Computer Operator $65.00
Drafter/Technician $55.00
Secretary $50.00
File Clerk $40.00
Expenses will be billed as follows:
Copies $0.10 per page
Phone Cost plus fifteen percent (15%)
Computer Time $25.00 per hour
Miscellaneous Supplies Cost plus fifteen percent (15%)
Outside Professionals Cost plus twenty-five percent (25%)
Travel Prevailing IRS Rate
(Currently 40.5 cents per mile)
Car Rental Cost plus fifteen percent (15%)
Airfare (Coach) Cost plus fifteen percent (15%)
Lodging & Meals* $125.00 per day per person
*For domestic work that requires two or more days, located in a radius in excess of 75 miles from
our West Palm Beach office.
• Pile:108-0-6 Mon itor_Wel l_SOS-acd.wpd
Gerhardt Af,
Witt
&Amcidtf�,Inc.
2005 EQUIPMENT RENTAL RATES
Cost(assuming at least one(1) use perday)
Equipment
Day Week Re lace**
T-L-C Meter(Temperature, Level,Conductivity) $80.00 $160.00 $800.00
YSI 30 Meter(Conductivity,Temperature, Salinity) $80.00 $160.00 $800.00
YSI 85 Meter(Conductivity,Temperature, Salinity, DO) $160.00 $320.00 $1,600.00
Stevens Type F Water Level Recorder&Accessories $200.00 $400.00 $2,000.00
H2S Air Meter S85.00 $200.00 $900.00
Field Laptop Computer $100.00 $200.00 $1,000.00
Global Water Level Logger $85.00 $170.00 $840.00
Solinst Level Logger LT100/M30 $200.00 $400.00 $2,000.00
Solinst Level Logger LT300/M 100 $200.00 $400.00 $2,000.00
Slope Indicator Water Level Probe 100' $50.00 $100.00 $500.00
Slope Indicator Water Level Probe 200' $60.00 $120.00 $600.00
TDS Tester $10.00 $20.00 $100.00
pH Tester $10.00 $20.00 $80.00
Fiberglass Measuring Tape 100' $5.00 $10.00 $30.00
Fiberglass Measuring Tape 300' $10.00 $20.00 $80.00
Precision Flow Meter 5/8th inch PMM Series M20 $5.00 $10.00 $68.00
SDI Apparatus including brass fittings* $10.00 $25.00 $120.00
Lakos Laval Sand Tester $35.00 $70.00 $330.00
Rossum Sand Tester $45.00 $90.00 $430.00
Cuno Colloidal Filter Housing* (Including brass fittings) $10.00 $20.00 $100.00
Bailer $25.00 $50.00 $246.00
3.5 h.p. Centrifugal Pump and Hoses $65.00 $150.00 $450.00
DC Whale Submersible Monitor Well Pump $25.00 $50.00 $240.00
GPS $25.00 $50.00 S240.00
DFI Mud Scale $15.00 $30.00 $130.00
4'/4" Hole Cutter $15.00 $30.00 $140.00
3/4" Soil Probe and Auger $25.00 $50.00 $260.00
Infiltrometer $20.00 $40.00 $200.00
Hand Auger Kit 4 4
* Prices do not include filters.** Prices do not include sales tax and/or shipping charges and are subject to change
Without notice.
•
Filr IUS-U-b Munilur_wc11_S0S-acd.wpd
Gerhardt a1.
Witt
� &:�ssocipfes,Inc,
2005 TEST AND CONSUMABLE RATES
Test Kit Sam le/Unit I Kit Cost**
Chloride Hach Kit(Low Range) $1.00 $33.00
Chloride Hach Kit(High Range) $1.00 $70.00
Iron Hach Kit(Low Range) $1.00 $63.00
Iron Hach Kit(High Range) $1.00 $43.00
Sulfate Hach Kit $1.00 $54.00
Hydrogen Sulfide Hach Kit $2.50 $120.00
Chlorine Hach Kit $1.00 $86.00
Latex Gloves $0.10 $10.00 per 100
Millipore SDI filters $1.00 $78.00 per 100
Cuno Colloidal Filter(5 Micron) $40.00 $40.00 per filter
Cuno Colloidal Filter(3 Micron) $70.00 $70.00 per filter
Chlorine(Calcium Hypochlorite) IS2.00 per lb.} S100.00 per 75 lb.
Whirl Pak Bags(24 oz.) S0.15 $75.00 per 500
2" Sch 40 PVC Casing S1.50/ft.
2" PVC Screen $3.00/ft.
2" PVC Fittings Cost plus 20%
1'/4" Well Point S10.00
Filter Sock S1.00/ft.
Sieve Analysis $45.00 N/A
Soil Probe Plastic Inserts and Caps $2.00 N/A
** Prices do not include sales tax and/or shipping charges and are subject to change without notice.
File:1 U.C-0-6 Monitor wel I_S0S-+ed.wpd