HomeMy WebLinkAboutR-2015-119 - Authorized the Purchase of General Engineering Services from Carnahan, Proctor and Cross, Inc. <<RESCINDED & REPEALED BY R-2016-037, -038, -039, -042, -043, -044, -045, -046>> R-2015-119, ADOPTED ON 10/13/2015, AUTHORIZING THE PURCHASE OF
GENERAL ENGINEERING SERVICES FROM CARNAHAN, PROCTOR AND CROSS, INC.
was rescinded and repealed by:
Resolution No. 2016-037, adopted 4/12/2016
Resolution No. 2016-038, adopted 4/12/2016
Resolution No. 2016-039, adopted 4/12/2016
Resolution No. 2016-042, adopted 4/26/2016
Resolution No. 2016-043, adopted 4/26/2016
Resolution No. 2016-044, adopted 4/26/2016
Resolution No. 2016-045, adopted 4/26/2016
Resolution No. 2016-046, adopted 6/14/2016
RESOLUTION NO. 2015-119
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE
SERVICES FROM CARNAHAN, PROCTOR AND CROSS, INC. AND
APPROVAL OF A CONTRACT RELATING TO GENERAL PROFESSIONAL
ENGINEERING SERVICES, UNDER THE CITY OF COCONUT CREEK,
FLORIDA (RFQ 11-19-14-10) WITH CARNAHAN, PROCTOR AND CROSS,
INC. DATED NOVEMBER 19, 2014, WITHOUT COMPETITIVE BIDDING
AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN ANNUAL AMOUNT
EXCEEDING $25,000.00 WITHIN A SINGLE FISCAL YEAR; THESE
SERVICES BEING LIMITED TO AND PAID FROM ANNUAL BUDGET
APPROPRIATIONS FOR GENERAL ENGINEERING SERVICES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission, and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies such as the Federal Government, State of Florida or a Florida municipality or county;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at$25,000.00; and
WHEREAS, the Interim Public Services Department Director has determined that it is
necessary to contract for general professional engineering services; and
WHEREAS, the Interim Public Services Director has determined that services can be
obtained at the least cost to the City without competitive bidding and without advertisements for
bids from Carnahan, Proctor and Cross, Inc. under its existing general professional engineering
services contract (RFQ #11-19-14-10) with the City of Coconut Creek, Florida, which contract is
made a part of and incorporated into this Resolution by this reference;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2. That the proper City officials are authorized to execute a contract through
February 1, 2018, for general professional engineering services with Carnahan, Proctor and
Cross, Inc., using available pricing under its current contract with the City of Coconut Creek,
Florida, and that the proper City officials are authorized to execute the contract for the work;
provided, however, that no contract will become effective unless and until City officials
complete their execution of it.
Section 3. That the funding for these services shall be subject to and made within the
respective Departments' approved level of their respective annual budget appropriations:
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on October 13, 2015.
ATTEST:
LOUISE STILSON,'CNfC t � O A. SALVINO, SR.
CITY CLERK AYOR
,s Fr�r c'f
APPROVED AS O F AND CORRECTNESS: r
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2015-119
QaconUT FINANCE AND.ADMINISTRATIVE SERVICES
CPC C K, PURCHASING DIVISION
BUTTERFLY CAPITAL OF THE WORLD' 4800 WEST COPANS ROAD
- •� I RECEIVED
KAREN M.BROOKS
DEPARTMENT DIRECTOR
FEB 0 4 2015
February 2, 2015
Cametm,Procwr8 Cross
RETURN RECEIPT REQUESTED
Gregory M. Proctor, P.E.
Carnahan, Proctor and Cross, Inc.
814 S. Military Trail
Deerfield Beach, FL 33442
Re: Agreement
General Professional Engineering Services
RFQ No. 11-19-14-10
Dear Mr. Proctor:
Please find enclosed an executed original Agreement for General Professional
Engineering Services.
Projects under this contract will be assigned to consultants in the pool on a project-by-
project basis.
On behalf of the City of Coconut Creek, we look forward to a successful business
association with your company. Congratulations and thank you for your interest.
Should you have any questions, I can be reached at(954) 956-1584.
Sincerely,
LORIE MESSER
Purchasing Analyst _
Imesser@c000nutcreek.net
Enclosure
cc: Osama Elshami, Utilities& Engineering Director
PHONE(954)973-6730 www.coconutcreek net FAX(954)973-6764
AGREEMENT
between
CITY OF COCONUT CREEK
and
CONSULTANT
for
GENERAL PROFESSIONAL ENGINEERING SERVICES
RFQ NO.11-19.14-10
This Agreement is made and entered into this ZZ dayofT,9"UAr1V 2015, by and
between CITY OF COCONUT CREEK, a political subdivision of the State of Florida, its
successors and assigns,hereinafter referred to as"CITY,"
AND
CONSULTANT. a Florida Corporation, its successors and assigns, hereinafter referred to as
"CONSULTANT".
WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth,CITY and CONSULTANT agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, tame and
provisions which foNow, the definitions and identifications set forth below are assumed to be
true and correct and are therefore agreed upon by the parties.
1.1 CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT"
ADMINISTPJkTOR"!is used herein, it is intended to mean the City Manager or
designee. In the administration of this Agreement, all parties may rely upon instructions
or determinations made by the CONTRACT ADMINISTRATOR.
1.2 CONSTRUCTION CONTRACTOR: The person(s), firrn(s), corporations) or other
entity who enters into an agreement with CITY to perform the construction work desired
by CITY relating to PROJECTS.
1.3 CONSULTANT: CONSULTANT, which is the professional organization with whom
CITY has contracted for the performance of services pursuant to this Agreement.
1.4 CITY; City of Coconut Creek, Florida, a body corporate and politic and a political
subdivision of the State of Florida.
1
1.6 NOTICE TO PROCEED: A written statement Issued by the CONTRACT
ADMINISTRATOR directing CONSULTANT to begin work.
1.6 PROJECTS: The scope of services of the PROJECTS shall include, but are not
necessarily limited to the following disciplines:
• Building ■ Planning services
■ Codes ■ Plumbing
■ Construction management ■ Process evaluation
■ Cost-benefit analysis ■ Reclaimed water
• Cost estimates • Renovations
■ ElectricaVInstrumentation • Retrofits
■ Environmental ■ Standards and ordinances
• General engineering ■ Streets/roads
■ Geotechnical engineering • Structural
• HVAC ■ Traffic/Transportation
■ Irrigation design engineering
■ Land surveying ■ Utilities
• Mechanical • Wastewater
• New construction ■ Water
CONSULTANT may be required to investigate, analyze, evaluate, report, coordinate,
prepare plans,specifications and contract documents,bid/award evaluation and services
during construction, perform constriction engineering services, etcetera for arty of the
aforementioned disciplines, related matters, as well as any other engineering
assignments upon the request of the City. The City may require based upon the firm's
evaluation to identify needs, develop and improve programs, establish cost effective
priorities for making improvements and develop a short-term or a long-range program for
Implementation on request. CONSULTANT shall provide certified testing lab services
as necessary to fulfill the requirements of certain regulatory agencies and related soil
analysis.
CONSULTANT may be required to represent the City of Coconut Creek in matters
involving or relating to other governmental entities at the local,regional,state or national
level, pertaining to the County/StateJFederal for any improvement programs, permits or
grants in which the City is or may be an eligible participant or has an interest
Some of the projects requiring professional engineering services will be funded through
the Department of Housing and Urban Development (HUD) and the Community
Development Block Grant (CDBG), or other federal and state granting authorities. All
federal and state regulations pertaining to any grant related project shall apply.
Professional engineering services could include, but not be I"mmited to, approved capital
improvement projects as outlined in the City's budget.
1.7 REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is
Intended to mean actual expenses directly related to the performance of the services as
set forth in this Agreement REIMBURSABLES are limited to:
2
A) Identifiable expenses of transportation in connection with the PROJECT subject
to the provisions and limitations for public agencies established in Chapter 112,
Florida Statutes. Automobile travel inside Broward, Dade and Palm Beach
Counties will be considered reimbursable expenses. Surface travel outside
Florida and all air travel will be reimbursed only when prior written approval for
such expense has been given by CONTRACT ADMNISTRATOR. Rental cars
shall be mid-sized or smaller.
B) Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel
connected expenses for CONSULTANTS personnel subject to the limitations of
Chapter 112, Florida Statutes.
C) Identifiable communication expenses for express mail charges.
D) Identifiable cost of printing reproduction and aerial photography.
E) Identifiable testing costs.
F) Permit application fees. All fees paid to regulatory agencies for approvals
directly attributable to the PROJECT. These permit fees do not include those
permits required for the CONSTRUCTION CONTRACTOR.
1.8 BILLING RATE: Whenever the term BILLING RATE is used herein, it is intended to
mean average base salaries and wages paid to personnel by employee category
engaged directly on the PROJECT, including all fringe benefits, overhead and profit.
BILLING RATES by the employee category are shown on EXHIBIT "A' FEE
SCHEDULE.
1.9 PROFESSIONAL SERVICES: Whenever the term PROFESSIONAL SERVICES is
used herein, it Is Intended to mean those professional services provided to CITY on a
day-today basis for specific tasks provided the estimated engineering costs for the
specific tasks do not exceed Twenty-Five Thousand Dollars($25,000.00). Typical tasks
include response to field or engineering problems, attendance at meetings, review of
bids and providing day-to-day assistance as required to respond to engineering issues,
utility operations or field problems. The Aggregate of PROFESSIONAL SERVICES
tasks may exceed$25,000.00.
A. CITY shall describe the task to be undertaken by CONSULTANT.
B. CONSULTANT shall agree upon a level of effort and position category to be
assigned to the specific task,and provide CITY with a proposal for the work.
C. CITY shall authorize CONSULTANT, in writing, to provide professional services
requested for the specific task
D. CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable for
each CONSULTANTS employee category shown on EXHIBIT"A".
1.10 WORK AUTHORIZATION: Whenever the berm WORK AUTHORIZATION Is used
herein, it is intended to mean professional services related to specific projects identified
3
by CITY for which the estimated architectural cost exceeds Twenty-Five Thousand
Dollars($25,000.00).
The CONSULTANT shall submit a proposal to the CITY and the CITY will authorize said
proposal. The authorization issued by CITY shall contain the following information and
requirements:
A. A description of the work to be undertaken and method of compensation with
reference to the appropriate paragraphs of this Agreement.
B. A budget establishing the amount of compensation to be paid, which amount
shall constitute hourly billing, or a lump sum at the CONTRACT
ADMINISTRATOWs discretion, and shall not be exceeded unless prior written
approval of CITY is obtained. The information contained in the budget shall be
in sufficient detail so as to identify the various elements of costs, and the
adequacy of such budget information shall be subject to the approval of CITY.
C. A time established for completion of the work or services undertaken by
CONSULTANT or for the submission to CITY of documents, reports and other
Information pursuant to this Agreement. The time established for performance
shall be subject to the approval of CITY; however, the time may, In the sole
discretion of CITY, be extended upon justification of CONSULTANT that
additional time is necessary for performance. Failure on the part of
CONSULTANT to comply with the time established for performance may result
In the termination of this Agreement.
D. CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable for
each CONSULTANTs employee category shown on EXHIBIT"A".
E. WORK AUTHORIZATIONS shall be dated and serially numbered.
ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement and to
generally express the objectives and intentions of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement Is based.
2.1 CITY has met the requirements of the Consultants' Competitive Negotiation Act, as set
forth in Section 287.055, Florida Statutes, and has selected CONSULTANT to perform
the work of the specified nature as outlined in this Agreement. Accordingly, this
Agreement qualifies as a"continuing contract'under section 287.055(2)(g),F.S.
4
2.2 Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and CITY, and this Agreement incorporates the
results of such negotiations.
ARTICLE 3
SCOPE OF SERVICES
3.1 The Scope of Services required to be performed by CONSULTANT shall be identified
under one of the following procedures:
PROFESSIONAL SERVICES for specific"day-taday"worts tasks as requested by CITY
and agreed to by CONSULTANT.
Professional Services for a PROJECT as set forth in a WORK AUTHORIZATION.
CONSULTANT shall provide al services as set forth in the WORK AUTHORIZATION
Including,without limitations,all necessary, Incidental and related activities and services
required.
3.2 CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not
delineate every detail and minor work task required th be performed by CONSULTANT
to complete a PROJECT. If, during the course of the performance of a WORK
AUTHORIZATION, CONSULTANT determines that it should perform work to complete
a PROJECT which is outside the level of effort originally anticipated, CONSULTANT will
notify CONTRACT ADMINISTRATOR in writing in a timely manner before proceeding
with the work. if CONSULTANT proceeds with said work without notifying CONTRACT
ADMINISTRATOR as provided in Article 6, said work shall be deemed to be within the
original level of effort, whether or not specifically addressed in the WORK
AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not constitute
authorization or approval by CITY. Performance of work by CONSULTANT outside the
originally anticipated level of effort without prior written CITY approval Is at
CONSULTANTS sole risk.
ARTICLE 4
TIME OF PERFORMANCE
4.1 In the event CONSULTANT is unable to complete performance of services because of
delays resulting from untimely review and approval by governmental authorities Craving
jurisdiction over a PROJECT,or by CONSTRUCTION CONTRACTOR and such delays
are not the fault of CONSULTANT, CITY shall grant a reasonable extension of tlme for
completing the work. It shall be the responsibility of CONSULTANT to notify the
CONTRACT ADMINISTRATOR promptly In writing whenever a delay is anticipated or
experienced, and to inform the CONTRACT ADMINISTRATOR of all facts and details
related to the delay.
5
f
f
i
i
4.2 In the event CITY declares an emergency, the CONSULTANT shall make every
reasonable effort to respond within two (2) hours, but under no circumstances, shah
response time exceed four(4)hours.
4.3 CONSULTANT shall provide CITY with a current up-to-date list of emergency personnel
at all times.
ARTICLE 5
COMPENSATION AND PAYMENT
5.1 CITY agrees to pay CONSULTANT as compensation for performance of all approved
PROFESSIONAL SERVICES required under the terms of this Agreement at those
BILLING RATES described in Article 1.8 and to reimburse CONSULTANT for
REIMBURSABLES as described in Article 1.8, plus subcontractor fees pursuant to
paragraph 5.6 for approved PROFESSIONAL SERVICES. The BILLING RATES
payable by CITY for each CONSULTANTs employee categories is shown on EXHIBIT
"A". Total compensation for a specific work task under PROFESSIONAL SERVICES
shall not exceed Twenty-Five Thousand Dollars ($25,000.00). The Aggregate of
Professional Service tasks may exceed$25,000.00.
5.2 CITY agrees to pay CONSULTANT as compensation for performance of all services as
related to a WORK AUTHORIZATION required under the terms of this Agreement at
those BILLING RATES described In Article 1.8 plus subcontractor fees pursuant to
paragraph 5.6, up to the fee to be negotiated and stated in the WORK
AUTHORIZATION and to reimburse CONSULTANT for REIMBURSABLES as
described in Article 1.7 in accordance with the fee to be negotiated in the WORK
AUTHORIZATION. The BILLING RATES payable by CITY for each CONSULTANTs
employee categories is shown on EX1481T"A".
5.3 CONSULTANT shall submit billings,which are Identified by the specific task,authorized
under PROFESSIONAL SERVICES on a monthly basis in a timely manner for all
LABOR and REIMBURSABLES attributable to the task. These billings shall identify the
nature of the work performed, the total hours of work performed and the employee
category of the individuals performing same. Billings shall itemize REIMBURSABLES
by category and identify same as to the work personnel incurring the expense and the
nature of the work with which such expense was associated. Where prior written
approval by CONTRACTOR ADMINISTRATOR is required for REIMBURSABLES, a
copy of said approval shall accompany the billing for such REIMBURSABLES. External
REIMBURSABLES and subcontractor fees must be documented by copies of invoices
or receipts which describe the nature of the expenses and contain a project number or
other identifier which dearly indicates the expense is identifiable to a task. Iruternal
expenses must be documented by appropriate CONSULTANTs cost accounting'forms
with a summary of charges by Category.
5.4 CONSULTANT shall submit billings which are identified by the specific PROJECT and
WORK AUTHORIZATION number on a monthly basis in a timely manner for all LABOR
and REIMBURSABLES attributable to a PROJECT. These billings shall identify the
6
nature of the work performed, the total hours of work performed and the employee
category of the individuals performing same. Billings shall itemize REIMBURSABLES
by category and identify same as to the work personnel Incurring the expense and the
nature of the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy
of said approval shall accompany the billing for such RE G11URSABLES.The statement
shall show a summary of LABOR COSTS and REfMBURSABLES with accrual of the
total and credits for portions paid previously. Extemal REIMOURSABLES and
subcontractor fees must be documented by copies of invoices or receipts, which
describe the nature of the expenses and contain a project number or other iderM7ier
which clearly indicates the expense is identifiable to a PROJECT. Internal expenses
must be documented by appropriate CONSULTANT's cost accounting forms with a
summary of charges by category. When requested, CONSULTANT shall provide
backup for past and current Invoices that records hours and salary costs by employee
categories, REIMBURSABLES by category and subcontractor fees on a task basis,so
that total hours and cost by task may be determined.
5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the CONTRACT
ADMINISTRATOR'S option, the contract method of payment may be a lump sum
amount for a sped iic, detailed scope of services. For lump sum contracts,
CONSULTANT shall invoice based upon percentage of work complete. Supporting
Information shall be provided to document the estimate of completion percentage.
5.6 CONSULTANT shall bill Identifiable subcontractor fees at the actual fees paid by
CONSULTANT.
5.7 CITY agrees that it will use its best efforts to pay CONSULTANT within thirty (30)
calendar days of receipt of CONSULTANT's proper statement as provided above. The
parties shall comply with section 218.70,F.S.,et seq. The Prompt Payment Act.
5.8 Payment will be made to CONSULTANT at: Carnahan.Proctor and Cross, Inc.
814 S. Military Trail
Deerfield Beach, FL 33442
ARTICLE 6
ADDITIONAL SERVICES M CHANGES MISCOPE OF SERVICES
6.1 Services related to a PROFESSIONAL SERVICES task, which would increase,
decrease or which are outside the level of effort agreed upon by CITY and
CONSULTANT shall be services for which CONSULTANT must obtain prior written
approval of CITY before compensation can be paid.
6.2 Services related to a WORK AUTHORIZATION, which would increase, decrease or
which are otherwise outside the Scope of Services or level of effort contemplated by a
WORK AUTHORIZATION shall be services for which CONSULTANT must obtain the
7
prior written approval from CITY before compensation can be paid. All terms for the
performance of such services must be agreed upon in writing in a document of equal
dignity herewith prior to any deviation from the terms of a WORK AUTHORIZATION
and when properly executed shall become an Amendment to the WORK
AUTHORIZATION.
ARTICLE 7
CITY'S RESPONSIBILITIES
7.1 CITY shall assist CONSULTANT by placing at CONSULTANTs disposal all information
it has available pertinent to the PROJECT Including previous reports and any other data
relative to a PROJECT.
7.2 CITY shall arrange for access to make all provisions for CONSULTANT to enter upon
public and private property as reasonably required for CONSULTANT to perform its
services under this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 TERM OF AGREEMENT:This AGREEMENT shall be a continuing contract as defined
by the Consultant's Competitive Negotiation Act (CCNA), as set forth in Section
287.055, Florida Statutes, and shall have an initial tern of three(3) years beginning on
February 01, 2015, with the right to extend the contract for two (2) additional one (1)
year periods.
Costs for all services purchased under this Contract shall remain firm for the initial
contract period. Costs for subsequent years and any extension term years shall be
subject to an adjustment only if increases occur in the industry. However, unless very
unusual and significant changes have occurred in the industry, such increases shall not
exceed. five percent (5%) per.year or the latest yearly percentage Increase in the
Employment Cost Index (ECI), Total Compensation, Private Industry, Professional,
Scientific, and Technical Services, Not Seasonally Adjusted as published by the Bureau
of Labor Statistics, U.S. Department of Labor,whichever is less. The yearly increase or
decrease in the ECI shall be the latest index published and available ninety (90) days
prior to the end of the contract year then in effect compared to the index for the same
quarter one(1)year prior. Any requested price increase shall be fully documented and
submitted to the City at least ninety(90)days prior to the contract anniversary date. Any
approved cost adjustments shall become effective upon the anniversary date of the
contract. In the event the ECI or industry costs decline,the City shall have the right to
receive from the CONSULTANT a reasonable reduction in costs that reflect such cost
changes in the industry.
8
The City may, after examination, refuse to accept the adjusted costs if they are not
properly documented, Increases are considered to be excessive, or any decreases are
considered to be insufficient. In the event the City does not wish to accept the adjusted
prices and the matter cannot be resohred to the satisfaction of the City, the contract can
be cancelled by the City upon giving thirty(30)days written notice to the CONSULTANT.
8.2 OWNERSHIP OF (DOCUMENTS: All sketches, tracings, drawings, specifications,
designs, design calculations, details, models, photographs, reports, surveys and other
documents, plans and data that result from CONSULTANTS services under this
Agreement or that is provided in connection with this Agreement shall become and shall
remain the properly of the CITY. Copies of all AutoCAD and other similar software tiles
shall be provided to CITY. No changes or revisions to the documents or data furnished
by CONSULTANT shall be made by CITY unless CONSULTANTS name and
professional seal are removed from such changed or revised materials. All data
required to be sealed and signed by a registered Professional Architect 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.
8.3 TERMINATION: This Agreement may be terminated by CONSULTANT for cause,or by
CITY for any reason with or without cause, upon thirty(30)days written notice from the
terminating party to the other party. In the event of such termination, CONSULTANT
shall be paid its compensation for services performed to termination date, Including all
REIMBURSABLES then due incurred to termination date. All finished or unfinished
sketches,tracings, drawings, specifications,design, design calculations, details models,
photographs, reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement shall become and shad remain the
property of CITY and shall be delivered by CONSULTANT to CITY.
8.4 RECORDS: CONSULTANT shall keep such records and accounts and require any and
all consultants and subconsultants to keep records and accounts as may be necessary
in order to record complete and correct entries as to personnel hours charged to the
PROJECT and any expenses for which CONSULTANT expects to be reimbursed.
Such books and records will be available at all reasonable times for examination and
audit by CITY and shall be kept for a period of three(3)years after the completion of all
work to be performed pursuant to this agreement. Incomplete or incorrect entries in
such books and records will be grounds for CIMs disallowance of any fees or
expenses based upon such entries.
CITY is a public agency subject to Chapter 119, Florida Statutes. To the extent
CONSULTANT is a contractor acting on behalf of the CITY pursuant to Section
119.0701, Florida Statutes,CONSULTANT shall:
1. Keep and maintain public records that ordinarily and necessarily
would be required to be kept and maintained by CITY were CITY
performing the services under this Agreement.
9
2. Provide the public with access to such public records on the same
terms and conditions that CITY would provide the records and at a
cost that does not exceed that provided in Chapter 119, Florida
Statutes,or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential
and exempt from public record requirements are not disclosed except
as authorized by law;and
4. Meet all requirements for retaining public records and transfer to
CITY, at no cost, all public records in possession of CONSULTANT
upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt. All records
stored electronically must be provided to CITY in a format that Is
compatible with the information technology systems of CITY.
The failure of CONSULTANT to comply with the provisions set forth in this
Section shall constitute a breach of this Agreement and CITY shall terminate this
Agreement in accordance with the provisions set forth in Section 8.3.
8.5 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate against
any employee or applicant for employment for work under this Agreement because of
race, color, religion,sex, age, national origin or disability and will take affirmative steps
to ensure that applicants are employed and employees are treated during employment
without regard to race, color, religion, sex, age, disability or national origin. This
provision shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action Policy, if
requested.
8.8 NO CONTINGENT FEES: CONSULTANT warrants that It has not employed or
retained any company or person, other than a bona fide employee working solely for
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 CONSULTANT, any fee, commission, percentage,gift, or
other. consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, CITY shall have the right to
terminate the Agreement without liability, and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission,
percentage,gift or consideration.
8.7 SUBCONSULTANTS: In the event CONSULTANT,during the term of this Agreement,
requires the services of any subconsultards, or other professional associates in
connection with services covered by this Agreement, CONSULTANT must secure the
prior written approval of the CONTRACT ADMIMSTRATOR. As part of the approval
process, CITY shall require subcontractor to comply with the terms of this Agreement,
specifically but without limitations, the requirements of this Article 8. CONSULTANT
shall be responsible for obtaining releases from subconsuitents at the time the
subconsultarrts are paid.
10
8.8 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred to otherwise encumbered by CONSULTANT, under any circumstances,
without the prior written consent of CITY. Said consent shall be at CITY's reasonable
discretion and may not be unreasonably withheld.
8.9 INDEMNIFICATION OF CITY: The CONSULTANT shall at all times hereafter,
Indemnify and hold harmless the CITY, the City's agents, officers, employees, and the
City Commission from and against all liabilities, claims, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT and any
other persons employed or utilized by the CONSULTANT In the performance of
services under this Agreement. It is the specific intent of the parties hereto that the
foregoing indemnification complies with Section 725.08, F.S..
The parties agree that one percent (I%) of the total compensation paid to
CONSULTANT for the performance of this Agreement shall represent the specific
consideration for the CONSULTANrs indemnification of the CITY. This Agreement
shall survive the tern of this Agreement. Nothing in this section shall be construed to
affect in any way the CITY's rights, privileges, and immunities as set forth In Section
768.28,F.S.,or as otherwise provided by applicable law or judicial decisions.
8.10 INSURANCE: CONSULTANT shall provide, pay for, and maintain in force at all times
during the services to be performed, such insurance, including Workers Compensation
Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance,
Business Automobile Liability Insurance and Professional Liability Insurance as follows:
Workers'Compensation
Statutory Limits of coverage to apply for all employees in compliance with all applicable
State of Florida and federal laws. The policy must include Employers Liability with a limit
of$100.000 each accident.
General Liability
Commercial General Liability insurance with limits not less than $1,000,000 each
occurrence combined single limit for Bodily Injury and Property Damage including
coverage for premises/operations, contractual liability, personal injury, explosion,
collapse, underground hazard, products/completed operations, broad form property
damage, cross liability and severability of interest clause. This policy of Insurance shall
be written in an"occurrence'based format.
Automobile Liabitity
Comprehensive or Business Automobile Liability insurance with limits not less than
$500,000 each occurrence combined single limit for Bodily Injury and Property Damage
including coverages for owned, hired, and non-owned vehicles and/or equipment as
applicable. This policy of insurance shall be written in an"occurrence"based format.
Professional Llability/Errom and Omissions Coverage
If the CONSULTANT is to provide professional services under this Agreement, the
CONSULTANT must provide the City with evidence of Professional Liability insurance
11
with, at a minimum of $1,000,000.00 per occurrence and in the aggregate. "Claims-
Made"forms are acceptable for Professional Liability insurance. Coverage shall include
all claims arising out of the CONSULTANT'S operations or premises, any person directly
or indirectly employed by the CONSULTANT, and the CONSULTANT's oblations
under indemnification under this Agreement.
CONSULTANT acknowledges that the City is relying on the competence of the
CONSULTANT to design the project to meet its functional intent. If it is determined
during construction of the project that changes must be made due to CONSULTANT's
negligent errors and omissions, CONSULTANT shall promptly rectify them at no cost to
City and shall be responsible for additional costs,if any,of the project to the proportional
extent caused by such negligent errors or omissions.
General
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit and provides that claims investigation or legal defense
costs be included in such general annual aggregate limit, such general annual aggregate
limit shall be double the occurrence limits specified above.
Should any required Insurance lapse during the Agreement term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this Agreement, effective as of the lapse
date. If insurance is not reinstated, City may,at its sole option terminate this Agreement
effective on the date of such lapse of insurance.
Auto Liability and General Liability policies shall be endorsed to provide the following:
a) Name as additional Insured the City of Coconut Creek and its Officers, Agents,
Employees and Commission Members.
b) That such insurance Is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that Insurance
applies separately to each insured against whom claims are made or suit is
brought, but the inclusion of more than one insured shall not operate to increase
the insurer's limit of liability.
All policies shall be endorsed to provide sixty (60) days prior written notice of
cancellation, non-renewal or reduction in coverage or limits to:
City of Coconut Creek—Purchasing Division
Attn: Risk Manager
4800 West Copans Road
Coconut Creek, Florida 33063
The issuing agency shall include full name, address and telephone number In each
insurance certificate issued.
Certificates of Insurance, in form and evidencing all required insurance and
endorsements, shall be submitted with the respondent's bid. If CONSULTANT is
Successful CONSULTANT, then prior to commencement of Contract, CONSULTANT
must submit revised Certificate of Insurance naming the City of Coconut Creek as
additional insured for all liability policies.
12
Insurance Company and Agent
AN insurance policies herein required of the Successful Proposer shah be written by a
company with a A.M. Best rating of A-VI I or better that is duly authorized and licensed to
do business in the State of Florida and shall be executed by agents,thereof that are duly
licensed as agents in said state.
8.11 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that questions in
the day-today conduct of a PROJECT will arise. The CONTRACT ADMINISTRATOR,
upon request by CONSULTANT shall designate in writing and shall advise
CONSULTANT in writing of one or more CITY employees to whom all communications
pertaining to the day-today conduct of PROJECT shall be addressed.
CONSULTANT shah inform CONTRACT ADMINISTRATOR in writing of the
representative of CONSULTANT to whom matters involving the conduct of PROJECT
shall be addressed. CONSULTANT shall, at all times during this Agreement, have
available for consultation or otherwise, an employee who shall be familiar with all work
contemplated under this Agreement.
8.12 ATTORNEYS FEES: If a party institutes any legal action to enforce any provision of
this Agreement,they shall be entitled to reimbursement from the other party for all costs
and expenses, Including reasonable attorney's fees incurred by them,provided they are
the prevailing party In such legal action, and provided further that they shall make
application to the court or other tribunal,for an award of such costs and expenses.
8.13 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and Includes
all prior negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters contained herein 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 hereof dial be predicated upon any prior representations or
agreements whether oral or written.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 of equal dignity
herewith.
8.14 NOTICES: Whenever either party desires to give notice unto the other,it must be given
by written notice, sent by registered 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 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:
CitV
City Manager
City of Coconut Creek
4800 West Copan Road
Coconut Creek,Florida 33063
13
CONSULTANT
Contact Name,Title: Greg Proctor, President
Firm Name: Carnahan,Proctor and Cross, Inc.
Address: 814 S. Military Trail
City,State,Zip: Deerfield Beach FL 33442
Phone: 954-972-3959
Fax 954-972-4178
Email: Greg.Proctor*carnahan-proctor.com
Web Address: www.carnahan-proctor.com
8.15 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by
CONSULTANT shall act as the execution of a both-in-negotiation certificate stating that
wage rates and other factual unit costs supporting the compensation of this Agreement
are accurate, complete, and current at the time of contracting. The original contract
price any additions thereto shall be adjusted to exclude any significant sums by which
CITY determines the contract prig was increased due to Inaccurate, incomplete, or
non-current wage rates and other factual unit costs. All such contract adjustments shall
be made within one year following the end of this Agreement.
8.16 NON-EXCLUSIVE AGREEMENT: The services to be provided by CONSULTANT
pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude
CITY from engaging other firms to perform the same or similar services for the benefit of
CITY within CITY's sole and reasonable discretion.
8.17 WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and represents
as follows:
A. At all times during the term of this Agreement, CONSULTANT shall maintain in
good standing all required licenses, certifications and permits required under
federal, state and local laws necessary for the performance under this
Agreement.
B. At all times during this Agreement,CONSULTANT shall perform its obligations
in a prompt,professional and businesslike manner.
8.18 GOVERNING LAW: This Agreement shall be construed in accordance with the laws of
the State of Florida. Venue for any action shall be in Broward County, Florida.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
14
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF COCONUT CREEK,through its City Manager
or designee and 6rmhaa _Pram+Gross anc-- (Name of party with whom
Agreement Is made), signing by and through its GRej PPOCr 0< (President,
Owner, CEO,etc.)duly authorized to execute same.
CITY OF COCONUT CREEK
WA4,
AD �
ATTEST: Mary i,City Manager
Leslie Wallace May Date
City Clerk
Approved as to form and legal sufficiency:
Terrill C, Pybum,City Abbey Date
CONSULTANT /1
ATTEST: � ,ll,4,t1A.UC fl y DS S
Company Name
i/6 zn.S
(Corporate Secretary) Signature of PresidenttOwner Date
6-4 r 6 A e- k Rod
Type/Print Name of Corporate Secy. Type/Print Name-of President/Owner
(CORPORATE SEAL)
15
EXHIBIT"A"
FEE SCHEDULE
Position 1 Title Hourly Rabe
Principal(PE Registered)............................................................... $200.00/per hour
Senior Engineer(PE Registered)...................................................$140.00/per hour
Land Surveyor(PLS Registered)...................................................$135.00/per hour
Landscape Architect(State Registered).........................................$130,00/per hour
Project Manager.............................................................................$150.00/per hour
Engineer........................................................................................$115.00/per hour
Environmental Scientist..................................................................$110.00/per hour
Planner..........................................................................................$110.00/per hour
Senior Planner...............................................................................$135.00/per hour
Technician.....................................................................................$85.00/per hour
Drafter/GIS.....................................................................................$85.00/per hour
Field Inspector..............................................................................$95.001 per hour
Staff Assistant................................................................................$65.00/per hour
Additional Positions/Title
Survey Crew(2-Persons)...............................................................$125.00!per hour
Survey Crew(3-Persons)...............................................................$150.00/per hour
Administrative Assistant/Clerical....................................................$75.001 per hour
Senior Field Inspector....................................................................$105.00/per hour
Field Crew................................. ....................................................$135.00/per hour
Principal at Public Meeting.............................................................$200.00/per hour
Landscape Designer......................................................................$90.00/per hour
Arborlst(ISA Certified)...................................................................$110.00/per hour
Senior Process Engineer(PE Registered).....................................$140.00/per hour
DesignEngineer............................................................................$115.00 i per hour
Junior Engineer..............................................................................$90.00/per hour
Roadway Engineer......................................................................... $140.00/per hour
Professional Hydrologist................................................................$140.00/per hour
16