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HomeMy WebLinkAboutR-2004-140 Integrated Waterworks Public Utility Mangement RESOLUTION NO. 2004-140 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE EXECUTION OF A CONTINUING PROFESSIONAL PROGRAM MANAGEMENT SERVICES CONTRACT TO PUBLIC UTILITY MANAGEMENT AND PLANNING SERVICES, INC. FOR THE CITY OF DANIA BEACH INTEGRATED WATERWORKS CAPITAL IMPROVEMENT PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, re-development efforts in the City of Dania Beach have triggered the need to provide accelerated, sustainable water, wastewater and storm water infrastructure programs to serve such redevelopment; and WHEREAS, such infrastructure needs warrant the professional oversight of a Professional Program Management Team to assist the City Public Services Director in the overall program coordination, sustainability, specific permitting, and securing of ongoing program funding for all Integrated Waterworks Capital Improvement Projects; and WHEREAS, the proper City officials have found it to be in the best interest of the City to award the execution of a Professional Program Management contract to Public Utility Management and Planning Services, Inc., a Florida corporation ("CONSULTANT"), after having conducted a competitive selection process; and WHEREAS,the CONSULTANT submitted a proposal for provision of the services; and WHEREAS, the CONSULTANT has declared that it has expertise in the type of professional services that will be required for the sustainability of the Program; and WHEREAS,the Director of Public Services, recommends that the City Commission award an Integrated Waterworks Capital Improvement Program Management general consulting services contract to CONSULTANT; 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 award and execute a continuing professional services agreement, with Public Utility Management and Planning ® Services, Inc., a copy of which is attached and incorporated by this reference. 1 RESOLUTION NO. 2004-140 Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 4. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on August 24, 2004. %� / C.K. IVICELYE MAYOR- COMMISSIONER ATTEST: - ROLL CALL: 1 COMMISSIONER ANTON - YES '•_ � / COMMISSIONER CHUNN - YES '�,LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO FO AND CORRECTNESS: BY: �� A A THO AS A SB O CITY ATTIORNEY 2 RESOLUTION NO. 2004-140 PROFESSIONAL SERVICES AGREEMENT Program Management City of Dania Beach Waterworks Capital Improvement Program Water, Sewer and Storm Sewer Projects THIS IS AN AGREEMENT entered into this c2�1 day offs&)&&'--V�, 200 , by and between Public Utility Management and Planning Services, Inc., a Florida corporation authorized to do business in the State of Florida, with its principal place of business at P.O. Box 221890, Hollywood, FL 33022-1890, ("CONSULTANT") whose Federal I.D. number is 65- 1028223, and the City of Dania Beach, a Municipal Corporation of the State of Florida, by and through its Commissioners, the principal place of business of which is at 100 W. Dania Beach Blvd.,Dania Beach, Florida 33004 ("CITY"). WHEREAS, re-development efforts in the City have triggered the need to provide an accelerated, sustainable water, wastewater and storm water infrastructure program to serve such redevelopment; and WHEREAS, such infrastructure needs warrant the professional oversight of a Professional Program Management Team (CONSULTANT) to assist the City Public Services Director in the overall program coordination, sustainability, specific permitting, and securing of ongoing program funding for all Integrated Waterworks Capital Improvement Projects; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT declares that it has expertise in the type of professional services that will be required for the sustainability of the Program; and WHEREAS, the Director of Public Services recommends that the City Commission award a City of Dania Beach Integrated Waterworks Capital Improvement Program Management general consulting services Agreement to CONSULTANT; NOW, THEREFORE, in consideration of the mutual covenants and provisions contained in this Agreement, the parties agree as follows: ARTICLE 1 - SERVICES/CONSULTANT AND CITY REPRESENTATIVES The CONSULTANT'S responsibility under this Agreement is to conduct Program Management Services to assist the Public Services Director in program coordination, sustainability, specific permitting and securing ongoing program funding in the area of water, sewer and stormwater infrastructure improvements for the duration of the Agreement and scope of services as 1 defined in Exhibit A, a copy of which is attached and made a part of this Agreement. Work order requests will be made in writing of the CONSULTANT as may be warranted, including, but not limited to updates of the plans, finances, loan documents, and other aspects of the City's water, wastewater and stormwater improvements as may be reasonably contemplated under this Agreement. The CONSULTANT'S Representative for the term of this Agreement shall be: Frederick Bloetscher, Ph.D., P.E., President Public Utility Management and Planning Services, Inc. P.O. Box 221890 Hollywood, FL 33022-1890 (954) 925-3492 The CITY'S Representative shall be: ATTN: Fernando A. Vazquez, P.E. Director of Public Services City of Dania Beach 100 W. Dania Bach Blvd. Dania Beach, FL 33004 (954) 924-3740 ARTICLE 2 - SCHEDULE • The CONSULTANT shall commence and complete all services as designated under work order submittals prepared by CONSULTANT and approved in writing by the CITY'S Representative, as authorized by the City Commission. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in works orders issued under this Agreement. ARTICLE 3 -PAYMENTS TO CONSULTANT A. The total amount to be paid by the CITY under this Agreement for all services and materials, including "out of pocket" expenses (specified in paragraph C below), and also including any approved subcontracts, shall not exceed the amount set forth in the approved written work orders without prior approval of the City Commission. The CONSULTANT shall notify the City's Representative in writing when 90% of the "not to exceed amount" has been reached. The CONSULTANT will bill the CITY on a monthly basis, or as otherwise agreed to in writing between the parties, the amounts set forth in the work order for services rendered toward the completion of the Scope of Work. Where incremental billing for partially completed items is permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date. 2 B. Invoices received by the CITY from the CONSULTANT pursuant to this Agreement will be reviewed and approved in writing by the CITY'S Representative, • indicating that services have been rendered in conformity with the Agreement, then sent to the City Manager's Office for review and approval and then to the CITY'S Finance Department for payment. All invoices shall contain a detailed breakdown of the services provided for which payment is being requested. Invoices shall be paid within thirty (30) days following the CITY Representative's approval, who shall process all payments in a timely manner or advise CONSULTANT in writing of reasons for not processing same, provided however, that the CITY will retain ten (10) percent of each monthly payment as security until completion of the work task. In addition to detailed invoices, upon request of the CITY'S Representative, the City Manager or both, CONSULTANT will provide CITY with detailed periodic Status Reports on the applicable projects. C. "Out-of-pocket" expenses shall be reimbursed in accordance with CITY policy. All requests for payment of "out-of-pocket" expenses eligible for reimbursement under the terms of this Agreement shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY'S Representative and to the City Department of Finance. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the Scope of Work described in this Agreement. D. Final Invoice: In order for both parties to close their books and records, the CONSULTANT will clearly state"Final Invoice" on the CONSULTANT'S final/last billing to the CITY for each work order. This final invoice shall also first be approved in writing by the Public Services Director, who will certify that all services provided by CONSULTANT have been properly performed and all known and approved charges and costs have been invoiced to the CITY. Charges not properly included on a final invoice are deemed waived by the CONSULTANT. Acceptance of final payment by CONSULTANT shall constitute a waiver of all claims and liens against CITY. ARTICLE 4-TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, overhead charges, and other costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service. Should the CITY determine that any rates and costs were significantly increased due to incomplete, noncurrent or inaccurate representation, then the rates and costs shall be adjusted accordingly. (See Schedule B) ARTICLE 5-TERMINATION This Agreement may be canceled by the CONSULTANT upon thirty (30) days prior written notice to the CITY'S Representative in the event of substantial failure by the CITY to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. It may also • be terminated in whole or in part by the CITY with or without cause immediately upon written notice from the CITY'S Representative or the City Manager to the CONSULTANT. Unless the CONSULTANT is in breach of its Agreement, the CONSULTANT shall be paid for services rendered to the CITY'S satisfaction through the date of termination. After receipt of a Terniination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Require CONSULTANT to transfer all work in process, completed work, and other materials related to the terminated work to the CITY; and D. Continue and complete all parts of the work that have not been terminated. CONSULTANT will not incur any liability for the CITY's subsequent use of any incomplete, transferred materials or documents. ARTICLE 6- PERSONNEL The CONSULTANT is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Agreement . shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the CITY shall be that of an Independent Contractor and not as employees or agents of the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY, nor shall such personnel be entitled to any benefits of the CITY including, but not limited to, pension, health and Workers' Compensation benefits. All of the services required under this Agreement shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any proposed change or substitution to the CONSULTANT'S Representative, as listed in Article 1 must be made known to the CITY'S Representative and written approval must be granted by the CITY'S Representative before the change or substitution can become effective. The City retains the right to disapprove of any or all such changes or substitutions. 4 The CONSULTANT warrants that all services shall be performed by skilled and competent personnel who meet the highest professional standards in the field. ARTICLE 7- SUBCONTRACTING CONSULTANT shall not subcontract any services or work to be provided to CITY without the prior written approval of the CITY'S Representative. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The CITY'S acceptance of a subcontractor shall not be unreasonably withheld. The CONSULTANT is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. ARTICLE 8 -FEDERAL AND STATE TAX The CITY is exempt from payment of Florida State Sales and Use Taxes. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the CITY, nor is the CONSULTANT authorized to use the CITY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll,payroll taxes, and benefits with respect to this Agreement. ARTICLE 9-AVAILABILITY OF FUNDS The CITY'S performance and obligation to pay under this Agreement is contingent upon an appropriation of funds for the purposes defined in the work orders, or as otherwise requested by the CITY. ARTICLE 10 -INSURANCE REQUIREMENTS The CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY, nor shall the CONSULTANT allow any Subcontractor to commence work on its sub-agreement until all similar such insurance required of the Subcontractor has been obtained and approved. CERTIFICATES OF INSURANCE, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida and shall have adequate 5 Policyholders and Financial ratings in the latest ratings of A.M. Best and be part of the Florida Insurance Guarantee Association. Insurance shall be in force until all work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the Insurance Certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the CONSULTANT shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement and any extension of it is in effect. The CONSULTANT shall not continue to work pursuant to this Agreement unless all required insurance remains in full force and effect. REQUIRED INSURANCE 1. Commercial General Liability Commercial General Liability Insurance to cover liability for bodily injury, death and property damage. Exposures to be covered are: premises, operations, products/completed operations, and contractual. Coverage must be written on an occurrence basis, with no less than the following limits of liability: A. Single Limit Bodily Injury& Property Damage ® 1. Each Occurrence $1,000,000.00 2. Annual Aggregate 1,000,000.00 B. Personal Injury Annual Aggregate $ 1,000,000.00 2. Comprehensive Automobile Liability Comprehensive Automobile Liability for all vehicles used in the performance of this Agreement: A. Combined Single Limit Bodily Injury, Death& Property Damage 1. Each Occurrence $ 500,000.00 Coverage shall include owned, hired and non-owned vehicles. 3. Professional Liability Professional Liability with limits not less than $1,000,000.00. If coverage is provided on a claims made basis then coverage must be continued for the duration 6 of this Agreement and for not less than one (1) year thereafter, or in lieu of continuation, provide an "extended reporting clause" for one (1) year. All such policies shall name the City as an additional insured. 4. Worker's Compensation Insurance Workers' Compensation insurance shall be maintained during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, the CONSULTANT shall require any Subcontractors similarly to provide Workers' Compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by the CONSULTANT. The CONSULTANT and its Subcontractors shall maintain during the life of this Agreement Employer's Liability Insurance. The following must be maintained. A. Workers' Compensation Statutory B. Employer's Liability $300,000 per accident The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 11 - INDEMNIFICATION The CONSULTANT agrees to indemnify and hold harmless and defend the CITY, its officers, agents and employees against any loss, damage or expense (including all costs and reasonable attorneys' fees) suffered by CITY from (a) any claim, demand, judgment, decree, or cause of action of any kind or nature arising out of any error, omission, or negligent act of CONSULTANT, its agents, servants, or employees, in the performance of services under this Agreement, (b) any breach or misconduct by the CONSULTANT of this Agreement, (c) any inaccuracy in or breach of any of the representations, warranties or covenants made by the CONSULTANT in this Agreement, (d) any claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of performance of this Agreement by the CONSULTANT and the CONSULTANT'S agents, employees, invitees, and all other persons, claims, suits, actions, damages or causes of action for any personal injury, loss of life or damage to property sustained by reason or as a result of the presence of the CONSULTANT and the CONSULTANT'S agents, employees, invitees, and all other persons, and (e) CONSULTANT acknowledges and agrees that CITY would not enter into this Agreement without this indemnification of CITY by CONSULTANT, and that CITY'S entering into this Agreement shall constitute good and sufficient consideration for this indemnification. These provisions shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights. privileges, and immunities as set forth in Florida Statutes 768.28. 7 ARTICLE 12 - SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the CITY nor the CONSULTANT shall assign, sublet, convey or transfer its interest in this Agreement without the written consent of the other. Nothing in this Agreement shall be construed as creating any personal liability on the part of any officer or agent of the CITY shall it be construed as giving any rights or benefits to anyone other than the CITY and the CONSULTANT. ARTICLE 13 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. No remedy conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or after existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise of any such right, power or remedy. ARTICLE 14 -CONFLICT OF INTEREST The CONSULTANT represents that it has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required under this Agreement, as provided for in the Code of Ethics for Public Officers and Employees (Chapter 112, Part III, Florida Statutes). The CONSULTANT further represents that no person having any interest in this Agreement shall be employed for any work performance. The CONSULTANT shall promptly notify the CITY'S representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided under this Agreement. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notice by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall so state in the notice and the CONSULTANT shall, at its option, enter into the association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the CONSULTANT under the terms of this Agreement. • 8 ARTICLE 15 -EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONSULTANT'S request, the CITY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without its or its subcontractors' fault or negligence, the schedule or any other affected provision of this Agreement shall be revised accordingly, subject to the CITY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 16 - DEBT The CONSULTANT shall not pledge the CITY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONSULTANT shall deliver to the CITY'S Representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by CONSULTANT and for the CITY under this Agreement, including any related work orders. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY'S prior written consent unless required by a lawful order. All drawings, reaps, sketches, programs, data bases, reports and other data developed, or purchased, under this Agreement for or at the CITY'S expense shall be and remain the CITY'S property and may be reproduced and reused at the discretion of the CITY. The CITY and the CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, Agreements, representations and warranties made in this Agreement, or otherwise made in writing by any party pursuant to this Agreement, including but not limited to any representations made in this Agreement relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated in it. 9 ARTICLE 18 - CONTINGENT FEES . The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. Violation of this Article shall constitute a default of this Agreement by CONSULTANT. ARTICLE 19 -ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of the work of this Agreement. The CITY shall have access to such books,records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. ARTICLE 20-NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. • ARTICLE 21 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 22 -AUTHORITY TO PRACTICE The CONSULTANT represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY'S Representative upon request. ARTICLE 23 - SEVERABILITY If any term or provision of this Agreement, or the application of it to any person or circumstances shall, to any extent, be held invalid or unenforceable, then the remainder of this 10 Agreement shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. • ARTICLE 24 -ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that this Agreement together with the Exhibits attached to it, sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated in the Agreement. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties in accordance with Article 25 - Modification of Work. In the event of any conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, the terms of this Agreement shall supersede and prevail over the terms in the Exhibits. ARTICLE 25 -MODIFICATION OF SCOPE OF WORD It is the intent of this Agreement that CITY shall from time to time issue work orders for CONSULTANT to perform work. All work orders, to be effective, must be authorized by the City Commission prior to issuance. CONSULTANT shall expeditiously perform such work within the schedule indicated in the work order. CONSULTANT shall cooperate with CITY in negotiating the cost and schedule of all work orders prior to City Commission authorization so such authorization can be obtained. The CITY reserves the right to make changes in the Scope of Work, including alterations, reductions or additions to it. Upon receipt by the CONSULTANT of the CITY'S notification of a contemplated change, the CONSULTANT shall, in writing: (1)provide a • detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITY if the contemplated change shall affect the CONSULTANT'S ability to meet the completion dates or schedules of this Agreement. If the CITY so instructs in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the CITY'S decision to proceed with the change. If the CITY elects to make the change, the CITY shall initiate an amendment to the Agreement and the CONSULTANT shall not commence work on any such change until such written amendment is signed by the CONSULTANT and the City Manager. i 11 ARTICLE 26 -NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: ATTN: Fernando A. Vazquez,P.E. Director of Public Services City of Dania Beach 100 W. Dania Bach Blvd. Dania Beach, FL 33004 and if sent to the CONSULTANT shall be mailed to: Frederick Bloetscher, Ph.D., P.E., President Public Utility Management and Planning Services, Inc. P.O. Box 221890 Hollywood, FL 33022-1890 (954) 925-3492 IN WITNESS OF THE FOREGOING, the parties have executed this Professional Services Agreement for engineering services the day.and year first written above. CITY: • CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST:. LOUISE STILSON C.K. MCELYEAZ CITY CLERK MAYOR IVAN P TO, CITY MANAGER APPROVED FOR FORM ; AND CORRECTNCf SS: ✓ 3 I t THOIVIAS J,-AI�SBR,O CITY ATTbRNEY 12 CONSULTANT: WITNESSES: f Public Utility Management and Planning / Service c., a Florida co S g � r ; Print Name f j "� Print Name Signature Title Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on �� 2004, by as 5- L' /./c A�7— respectively, of Public Utility Management and Planning Services, Inc., a Florida corporation, on behalf of the corporation. They are p rsonally known-. to me or have produced as i entdtiificcation an dd id (did not) take an oath. ® I NOTARY PUBLIC, State of Florida „,, My commission expires: A�. I.oui8Eslit.SOW ., MY %�. COMMISSION 0 D0,280 EXPIRES:January 10,2008 $,jm 9oiiiied jW0 Notary Pum ufl5dM 8M 13 STANDARD SCHEDULE A ® SCOPE OF SERVICES The intent of this Agreement is to provide program planning, planning level conceptualization of projects, program coordination, specific permitting, financial coordination between rate consultants, staff and lending agencies, staff support for City Commission presentations and back-up, state revolving loan and research projects for the City. A listing of specific projects encompassed in the City's 5 year Capital Improvement Program for the Public Services Department in shown below, and is representative, but not a complete record, of all such projects potentially available, but not guaranteed, under this Agreement. This scope of services (also referred to as the "Project") may be expanded or reduced at the discretion of the City of Dania Beach to either include or remove any one or more services, including but not limited to those relating to water and wastewater related engineering assignments. • 14 SCHEDULE B • TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Frederick Bloetscher, Ph.D., P.E., President, Public Utility Managment and Planning Services, Inc. certifies that wages, rates and other factual unit costs supporting the compensation for the engineering consultant services of the CONSULTANT to be provided under the Professional Services Agreement, are accurate, complete and current as of the time of contracting. BY: Title: Date: • 7/29/04 15