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1995-33 Consulting Agreement-Wallace Roberts & Todd-Design Terramar Park RESOLUTION NO. 95 - 33 A RESOLUTION OF THE CITY COIIIIISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH WALLACE ROBERTS & TODD FOR CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADIIINISTRAOON OF IIIPROVEMENTS AT TERRAIlAR PARK .WHEREAS, the City Commission of the City of Parkland finds and detennines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and Wallace Roberts & Todd for consulting services for design and construction administration of improvements at Terramar Park, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City Officials are hereby authorized to execute the attached Agreement between the City of Parkland and Wallace Roberts & Todd. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS..lDAY OF JUNE , 1995. /d{~ AGREEMENT Between THE CITY OF PARKLAND and WALLACE ROBERTS & TODD CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF IMPROVEMENTS AT TERRAMAR PARK This Agreement is entered into by and between the City of Parkland ("City") and Wallace Roberts & Todd ("Consultant") as follows: WHEREAS, the City has advertised for letters of interest for the provision of services related to design, and development of bid specifications, review of bid specifications, assistance in the award of a contract for development of, and construction phase services related to, the development of Terramar Park in the City of Parkland; as shown on the City's Master Plan dated December 7 1994, and as modified per section 14 (The Project); and WHEREAS, Consultant has been selected as a successful proposer; and WHEREAS, Consultant has reviewed the Master Plan as herein modified, visited the site and conducted such examination of the site and Master Plan (as herein modified) as are necessary to determine the scope of the Project and its requirements and heard comments from City staff and the City Commission relative to its desires for the Project; and WHEREAS, Consultant is aware of the desire of the City to provide for a contract with Consultant which minimizes additional costs; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. The above recitations are true and correct and made a part hereof. SECTION 2. The Consultant shall provide the following services as defined in Exhibit "A" Scope of Services. SECTION 3. City's Responsibility: 1. The City shall provide all relevant information at its disposal to the Consultant to assist the Consultant in the development of its required work under the . contract. The Consultant may request other information in the City's possession which it deems relevant to its task as set forth 1 herein. The City shall also furnish, all boundary, right-of-way and utility surveys; easement and right-of-way descriptions; soil borings; probings and subsurface exploration; hydrographic surveys; laboratory tests and inspections of samples of materials in its possession. 2. The City shall provide input to Consultant with respect to all submissions and proposed specifications and shall direct the consultant as to the proposed program of improvements, criteria for their use and construction budget information. 3. The City shall guarantee access to and make all necessary provisions for Consultant to enter upon public lands as required for Consultant to perform his work under this contract. 4. The City Shall examine all studies, reports, sketches, estimates, specifieations;drawings, proposals and other documents presented by Consultant and shall render in writing decisions pertaining thereto in order to provide &eneral direction to Consultant within a reasonable time so as not to unreasonably delay the work of the Consultant. Approval of a sketch, estimate, report, study, drawing, proposal or other document shall not constitute a professional opinion by the City or relieve the Consultant from any responsibility for defects in the work performed by Consultant under this Agreement or serve as a defense by Consultant in any action for defects in any sketch, report, study, drawing, proposal, or other document or other work product. 5. The City shall advertise for proposals from bidders, open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided, however, nothing herein shall obligate City to execute a fmal construction contract or to construct the project. 6. The City shall provide such legal, financial, accounting and insurance counseling services as may be required for the Project. 7. The City shall designate in writing a person to act as City's representative or to act for the City Manager where approvals and authorizations are required by the City Manager with respect to the work to be performed under this contract; such person shall have the complete authority to transmit instructions, receive information, interpret and defme City's policies and decisions with respect to the work covered by this contract. 8. The City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in the Project. However, City shall be under no obligation to inspect, analyze, or otherwise confirm the accuracy of any sketch, drawing, specification, plan, proposal, or other document or other defect or their nonconformity with the Contract documents in the project or to inspect the Work for defects or nonconformities; the failure of the City to discover any defect shall not serve as a defense for the Consultant, its subconsultants, and those whom it employs in the work in any action against Consultant for breach of Consultant's contractual duty or negligence. 2 9. The City shall be the applicant for all approvals from all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 10. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional services as stipulated in Exhibit "C"; attached and made a part hereto. SECTION 4. Termination 1. This Agreement may be terminated by the City upon 45 days notice to Consultant without cause, Consultant may not terminate this Agreement except upon a breach by the City which is. not cured upon 30 days notice to' City. Further this Agreement may 'be terminated by mutual agreement at any time or, for a period of 2 years, if no work shall have been required or performed hereunder. In the case of any termination the Agreement shall immediately terminate, provided Consultant shall have been paid for work performed up to the date of termination. This contract may be terminated by City for cause on fifteen days notice. 2. If this Agreement is terminated for any reason, then Consultant's sole remedy (except as additionally provided in Section 4(3) below) shall be payment for all work performed in accordance with this agreement to the termination date, provided it delivers to the City a copy of all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents to provide the City with the work product for which Consultant was paid. All said studies, reports, sketches, estimates, specifications, drawings, proposals and other documents shall be the property of the City for use as the City sees fit. 3. Upon termination resulting from no fault of the Consultant, a reasonable termination payment shall be paid to consultant in addition to the payment for work performed in accordance with this agreement to the termination date; said fee shall be limited to direct, out of pocket costs incurred by Consultant in terminating its participation. SECTION 5. Consultant's Compensation Consultant shall be compensated as defined in "Exhibit B" Basic Services Compensation, Exhibit "0" Compensation for Additional Services and Exhibit "E" Reimbursable Expenses. SECTION 6. General Terms 1. This Contract shall in no case be assigned by Consultant except for approved subconsultants for surveying, civil, structural, MEP engineering, geotechnical and irrigation system design or other service not related to architectural or landscape architectural design, all of whom shall be considered subconsultants under the charge of Consultant. 3 2. By execution of this contract, Consultant accepts full responsibility for performance of all conditions thereunder. Consultant assumes complete responsibility for the work of all entities or persons whom it retains, employs, or associates in the performance of the work set forth herein. If Consultant uses the services of any subconsultants, or other parties, or associates with any other entities or parties on the performance of the work required hereunder the use of such parties or entities or persons, or any negligent errors or omissions of those subconsultants, entities or persons retained by Consultant shall not be a defense for lack of performance or any other cause of action related to the work. The failure to perform of any subconsultants, or other parties or entities or persons having a .- Gontractual or other relationship with the Consultant (or its subconsultants) shall not be a defense by the Consultant in any action by the City against Consultant or in any action where City claims that there is a defect in the work set forth herein; Consultant shall be fully responsible for the actions of all persons with whom it contracts in the participation of the work performed herein. Should the City suffer any economic, consequential or other damages as a result of negligent errors or omissions in the performance of the work required hereunder, Consultant shall be fully responsible therefore even if said work was provided by a subconsultant or others employed by the Consultant or a subconsultant. However nothing contained herein shall prohibit City from seeking damages from any other responsible parties. SECTION 7. Quality of Work Consultant shall provide a quality of work which shall provide competent and professional design, specifications, contract documents,. and construction phase services to the standard of the landscape architectural. profession and such other professions involved in the project, as fully intended for the purposes as set forth in the Master Plan (as modified per Section 14) and as set forth herein, and as would be expected of such a park facility. It shall be Consultants's responsibility to review documents available relating to said park, to review the City's plans for the park facility, including the approved Master Plan, (as modified per Section 14) to review the site and site conditions, and to take any action which would be reasonably expected to provide the Consultant with knowledge necessary to develop a design and specifications, and follow through in the nature of construction phase services which will yield the result intended by the City, that result being, a fully functional, properly designed park consistent with the approved Master Plan and as set forth in the latest addition to the South Florida Building Code, and the City Minimum Construction Standards, any other relevant design and construction standards applicable to the project (and projects of this type), and any modifications as may be approved in writing by the City Manager. Consultant shall accept as accurate and complete the Master Plan and City acknowledges that the Master Plan dated December 7, 1994 and as modified per section 14, and associated site plans, improvement program and cost estimate reflects its intent for the development of Terramar Park. 4 SECTION 8. Work Products Required Following the time schedule established by the City below, the Consultant shall provide at no additional cost to the City the following interim and ftnal products: 1. Reproducible mylar plans. Plans shall be sufficiently detailed at an appropriate scale to provide a clear and accurate means of bidding and presentation. Included on the plans must be all pertinent details, tables, schedules, sections, elevations, and plans as appropriate to convey the design intent. 2". .3.5" computer disks labeled with Project name, date, and Consultant's name including: a. The design fIle(s) used to print the contract document prepared on Microstation or dxf fIle on AutoCad ready to import using the layers deftned by the City. Layer assignments may be altered upon recommendation of Consultant and written approval from the City Manager. b. The plot fIles used to print the contract document prepared on Microstation or dxf fIle on AutoCad ready to import using the layers. c. Technical speciftcations and for the project prepared on Word Perfect 6.0 or other program compatible for import. d. Project information including cost estimates, preliminary analysis and correspondence as requested by the City Project Manager. 3. Estimate of probable construction cost including schedule of items by size, quantity, units of measure, sub-totals and totals as required and appropriate. 4. Technical specitications for the project typed on 8 Ih x 11 single-sided, white bond paper to co-ordinate with "front end" specitication to provide a complete bid packet. Typical "front end" speciftcations will be provided by the City. The City will prepare the necessary documentation for the "front end" bid documents and the Consultant will review for the purpose of coordination with the technical speciftcations . 5. Proposed Schedule of Work including preliminary meeting dates and anticipated completion schedule to meet City needs. 6. Report, tabulate the bid and assist the City in its analysis of the bid proposals. 5 SECTION 9. Time For COlI\Pletion Time for completion shall be as set forth in Exhibit "F", which shall be binding on Consultant, except where delays are caused beyond the control of Consultant, or due to material revision of the program of improvements, design criteria or construction budget by City. SECTION 10. Ownership of Work Product All work product as described above and as otherwise developed by Consultant shall be the property of the City. The City may use or distribute such work product in any way it deems appropriate. If such work products are modified or altered by the City or anyone else for any use other than their intended purpose the City shall indemnify and hold the Consultant harmless and shall defend the Consultant against any and all claims, causes of action or liability resulting from any such modification or alteration to the extent permitted by law. SECTION 11. IndemnitY Consultant indemnities and holds the City hannless and shall defend the City against any claims, causes of action, judgments or liability of whatsoever nature related to patent or copyright infringement related to the work designs and work product submitted pursuant to this Agreement, or any claims, liability, judgments, or causes of action related to the negligent acts, errors or omissions in the designs, or work product submitted or work performed by the Consultant, its subconsultants (and their employees), its employees, pursuant to this Agreement. This section shall survive the completion of the project. SECTION 12. Performance All work performed by the Consultant, subconsultants or those employed by consultant shall be of a professional quality which is the standard of the Landscape Architectural Profession and any other professional standards for other disciplines of any other subconsultant or other parties employed by Consultant, and shall comply with the specific provisions contained herein. SECTION 13. Insurance Consultant shall comply with the insurance provisions defmed in "Exhibit 0". SECTION 14. Construction Bud~et The City's budget for the construction of Terramar Park is $3,614,869 for the construction of the Master Plan dated December 12/7/1994 modified to add one tennis court, enlarge two ball fields to provide a 300 foot outfield, and add approximately 1.57 acres of grassed open play area on land formerly shown on the Master Plan as the "Mitigation Area". The parties also acknowledge that the press box design may be modified as part of the Basic Services. Consultant shall also review 6 and redesign the Plan relating to the water retention use of the power line as part of the Basic Services. Consultant shall design the program of proposed improvements to conform with this budget, including use of Bid Alternates (and shall make appropriate design modifications to achieve this budget). Consultant is acknowledged not to be responsible for failure to receive responsive bids. City shall be obligated to direct the Consultant to delete items from the program of proposed improvements if cost estimates provided by Consultants indicate that construction costs will likely exceed the construction budget. Any material change in the construction program as directed by City may warrant an increase in compensation as may be mutually agreed if said change materially alters and increases Consultant's work. It shall be the burden of the Consultant to immediately notify (in writing) City of any claim that compensation should be increased and to demonstrate that any change materially alters its responsibilities; any disagreement. in this regard shall be resolved by arbitration pursuant to Chapter 682, Florida Statutes, through an arbitrator supplied by the American Arbitration Association according to its procedures. No such dispute over compensation for additional responsibilities shall serve as a basis for suspension of work or refusal to undertake the modified work by Consultant. SECTION 15. NO WORK STOPPAGE AS A RESULT OF DISPUTES: NO PAYMENT OF INTEREST BY CITY No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as provided under Section 4, Termination, paragraph 1. Under no circumstances shall Consultant be entitled to interest whether pre-judgment or post-judgment. However, disputes as to the proportion of work complete or rights and additional compensation shall not obviate the requirement of City to pay the amount it believes is reasonably due Consultant. Non-payment within 30 days of non-disputed invoices shall be considered breach of contract under this agreement. SECTION 16. NOTICES All notices required herein shall be in writing and either hand delivered or mailed certified, return receipt requested, to the following person at the address listed unless changed by written notice: CITY: CITY MANAGER CITY OF PARKLAND 6500 P ARKSIDE DRIVE PARKLAND, FLORIDA 33067 CONSULTANT: JOHN E. FERNSLER WALLACE ROBERTS & TODD 191 GIRALDA AVENUE, PENTHOUSE CORAL GABLES, FLORIDA 33134 7 SECTION 17. DAMAGES Nothing shall prohibit City from bringing an action and obtaining recovery against Consultant for errors or omissions and any and all consequential or special damages of whatsoever nature resulting therefrom, whether economic, or noneconomic, tort or contractual in nature. SECTION 18. COMPLETE AGREEMENT This is the complete agreement between the parties and no alteration hereto shall be given affect unless contained in a written agreement executed with equal dignity. SECTION 19. EFFECTIVE DATE - This agreement shall be effective on the date the last party affIxes its signature hereto. 8 EXHIBIT A - BASIC SCOPE OF WORK 1.0 BASIC SERVICES The CONSULTANT'S Basic Services shall consist of the five (5) phases described below and shall include normal architectural, landscape architectural, civil, mechanical and electrical engineering services for the design and engineering services for the improvements. 1.1 GENERAL DESIGN SERVICES After written authorization from the City to proceed, the Consultant shall review all material and documents previously assembled or prepared by the City, or others retained by the City for the Project with the purpose of becoming familiar with the objectives and intent of the City and the scope of the project. The consultant shall meet with the City to review modifications to the Master Plan including revisions to the program of proposed improvements, site plans and construction budget. Consultant shall work with City to develop the design elements of the Project based upon input provided by City at meetings with City staff and the City Commission. 1.2 SCHEMATIC DESIGN PHASE 1.2.1 Based on a mutually agreed upon program, the CONSULTANT shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of project components for approval by the CITY. The City may request changes to the plan which Consultant shall cause to be incorporated into the design and specifications. Requests for material design changes shall be subject to the provisions of Exhibit C. 1.2.2 The CONSULTANT shall submit to the City a written Statement of Probable Construction Cost. 1.3 DESIGN DEVELOPMENT PHASE 1.3.1 CONSULTANT shall undertake all needed boundary surveys, soil borings, right-of- way and utility surveys, easement and right-of-way descriptions, soil borings, probings and sub-surface exploration; hydrographic surveys, "as built" survey after completion, laboratory tests and inspections of samples of materials and such other tests as it reasonably deems necessary to properly design the project. 1.3.2 The CONSULTANT shall prepare from the approved Schematic Design Phase, for approval by the CITY, the Design Development Documents consisting of drawings and other documents to fix and describe the character of the entire project as it relates to the architectural, civil, structural, mechanical and electrical disciplines, materials and such 9 other essentials as may be appropriate. 1.3.3 The CONSULTANT shall submit to CITY a further written Statement of Probable Construction Cost. 1.3.4 Consultant shall work with City to develop the design elements of the Project based upon input provided by City at meetings with City staff and the City Commission. If any changes are required, they shall be incorporated by Consultant in the specifications, drawings, and other necessary documents. Requests for material changes to the design shall be subject to the provisions of Exhibit C. 1.4 CONSTRUCTION DOCUMENTS PHASE 1.4.1 The CONSULTANT shall prepare from the approved Design Development Phase Documents, and any further adjustments in the scope, quality, or budget for the project (subject to Exhibit C), for approval by the CITY, Drawings and Specifications setting forth in detail the requirements for the construction of the project including the necessary bidding infonnation and assistance to the City in its completion of the bidding fonns to be provided by CITY, which includes such items as the Conditions of the Contract, and the form of Agreement between the CITY and the Contractor, to satisfy the requirements of the CITY'S Manager and City Attorney. The CONSULTANT shall provide to CITY one reproducible copy plus two black and white copies of the construction drawings and specifications after they are approved by the CITY and ready for bidding 1.4.2 The CONSULTANT shall advise the CITY in writing of any adjustments to previous Statements of Probable Construction Cost or construction schedule indicated by changes in requirements or general market conditions. 1.4.3 The CONSULTANT shall arrange for and attend all necessary meetings, provide permittable construction documents, and aggressively strive to resolve all problems inherent to review and filing of the required documents for the approval of governmental authorities having jurisdiction over the project in order to comply with the regulations in effect at the start of this phase of the work. If any material changes in the Master Plan require that material variations from regulations be sought then this work shall be an additional service. Consultant shall provide advice to City with regard to obtaining said permits and approvals (other than building permits). 1.4.4 The CONSULTANT will structure the Bid DocUIIlents in a manner to include sufficient alternates for construction so as to strive to ensure that the bids received will not exceed the funds available for the Project. 10 1.5 BIDDING OR NEGOTIATION PHASE 1.5.1 The CONSULTANT, following the CITY'S approval of the Construction Documents (" Construction documents" shall mean the entire contract for construction, including all addendums or alterations thereto, (drawings and technical specifications) and of the latest Statement of Probable Construction Cost, shall assist CITY in obtaining, evaluating, awarding and preparing construction contracts. Consultant shall also work with the City in any negotiations aimed at reducing the price of the contract to meet the expected construction cost set forth in Section 14; this may include design modifications which shall be a Basic Service. Should the construction cost set forth. not .be.attainable through selection of bid alternates,Consultant shall work with the City on any necessary agreed upon redesign and provide the services set forth herein in any rebid of the contract. This shall be part of the Basic Services. 1.5.2 The CONSULTANT will prepare bid packages and release them to contractors and assist in the selection of a contractor. Services include but are not limited to, a review of contract proposals, review of contractor's submitted credentials, subcontractor's submitted credentials, to assist the City in their selection of a contractor. 1.6 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.6.1 The Construction Phase will commence with the Notice of Commencement and will terminate when the final application for payment is due the Contractor (defmed as the party awarded the contract to construct the Project) and is approved by the City. This contract shall provide basic services during the entire construction phase; where there is a work stoppage in any phase which exceeds 180 days and is not the fault of the Consultant, Consultant may apply for additional compensation resulting therefrom. 1.6.2 The CONSULTANT, as the representative of the CITY and as administrator of the Contract during the Construction Phase, shall advise and consult with the CITY and all of the CITY'S instructions to the Contractor shall be issued through the CONSULTANT. The Consultant shall hold necessary pre-construction meetings and other job progress meetings as necessary. 1.6.3 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 1.6.4 The CONSULTANT shall be in attendance at the site frequently enough to familiarize himself with the progress and quality of the Work to determine if the Work is proceeding in accordance with the Contract Documents. Daily observation and monitoring 11 of the work shall be required in accordance with section 1.6.11. On the basis of his on- site observations, the CONSULTANT shall guard the CITY against defects and deficiencies in the Work of the Contractor and take necessary administrative actions to facilitate timely completion of the Work in accordance with the contract documents (which shall include, but not be limited to, approved Change Orders). The CONSULTANT shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. However, nothing herein contained shall be construed to relieve the CONSULTANT of his obligation to ascertain..to the extent possible, to the best of his knowledge, information and belief through the exercise of due diligence, whether all work performed by the Contractor is in accordance with the Contract Documents; the CONSULTANT shall-immediately advise Contractor and CITY when, in his opinion, such problems occur. Consultantshall regularly keep City informed as to the progress and quality of the work. 1.6.5 Based on such observations at the site and on the Contractor's Application for Payment, the CONSULTANT shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the CONSULTANT to the CITY based on the CONSULTANT'S observations at the site as provided in Subparagraph 1.6.4 and 1.6.11 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the CONSULTANT'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (which shall include, but not be limited to all approved Change Orders) subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment; and that the Contractor is entitled to payment in the amount certified. 1.6.6 The CONSULTANT shall have the responsibility and authority to reject all Work which does not conform to the Contract Documents. He will have authority to request special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. CITY will then have the option of choosing the vendor to perform such testing or inspection services. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 1.6.7 The CONSULTANT shall review and approve or take other appropriate action on shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the Project and for compliance with the information given in the 12 1.6.13 As to the Contractor constructing the project, Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Construction Contract documents. Such interpretations shall be made with reasonable promptness. The Consultant shall, within a reasonable time, issue written decisions on all claims, disputes or other matters in question between the City and the Contractor relating to the execution or progress of the Work as provided in the Contract documents. 1.7 PERMITTING Consultant shall, in the design phase of the Project; identifycaHnecessary permits and approvals from governmental authorities which will be needed to construct the Project. While City or Contractor shall apply for all and pay all required fees for all necessary permits, Consultant shall render such professional services and advice to assist in obtaining said permits or approvals. Such services shall be considered Basic Services under this Contract provided that services, analysis, or tests which are not normally part of the application process for a particular permit or approval shall be compensated as Additional Services as per Exhibit C. 1.8 POST CONSTRUCTION EVALUATION The Consultant shall assist in the inspection of the Project one (1) month before expiration of the one-year construction warranty period and on one other occasion prior thereto upon request of the City and report any defective work under the terms of the guarantee/warranties required by the construction contract. 14 EXHIBIT B - COMPENSATION Compensation to Consultant for Basic Services herein described shall be a lump sum in the amount of $321,500.1 Said lump sum amount shall include all incidental expenses and subconsultants (and all others retained by Consultant) except those . indicated on Exhibit "C". Said fee shall remain the same even if the cost of the construction budget (Section 14) is exceeded, except as set forth in Exhibit C. Compensation shall be payable in the following increments by phase: Schematic Design Phase Design Development Phase Construction Document Phase Bidding & Negotiation Phase Construction Phase $ 48,225 $ 48,225 $128,600 $ 16,075 $ 80,375 (15 Percent) (15 Percent) (40 Percent) (5 Percent) (25 Percent) Consultant shall submit invoices monthly for the percentage of each phase completed in the preceding month. Boundary surveys, soU borings, right-of-way and utility surveys, easement and right-of-way descriptions, probings, sub-surface exploration, hydrographic surveys, laboratory tests and inspections of samples of materials shall consist of $23,500 of the total lump sum fee. If any of these services are not needed by the City , CONSULTANT shall credit City for the reasonable cost associated with the particular service not used. 15 EXHIBIT C - ADDITIONAL SERVICES Additional Services: . Professional services beyond those indicated as the basic scope of services; these services are listed below, or other services requested by the city, will be undertaken only upon written authorization from the City to the Consultant confmning mutually agreed scope and fees. 1. Except where stated in this Agreement, (see Exhibit A, 1.4.3 and 1.7 which are basic services) unforeseeable permitting activities (defmed as permitting activities which would not be discoverable by a reasonable and thorough visual inspection of the premises and the Master Plan, and applicable governmental regulations (as herein modified) by Consultant to determine the requirements, permitting and otherwise, of the Project), and special studies not foreseeable or usually associated with the permitting process. 2. Material design modifications to the Master Plan and or construction documents (subject to the provisions of Section 14), directed by the City which are contrary to preceding City directions or approvals and those changes, tests or special requirements resulting from environmental agency review where said chan&es resultin& from environmental aienGY review were not t~sonably foreseeable and are not normally required as part of the ordinaJ::y permittiIli process. Any changes or services necessitated by a need to meet the budget set forth in Section 14 shall not be considered Additional Services. 4. Making material revisions in Drawings, Specifications or other documents when such revisions materially alter Consultant's responsibilities and are: A. inconsistent with approvals or instructions previously given by the City, including revisions made necessary by upward adjustments in the City's program or Project budget (this shall not include modifications aimed at reducing the cost of the Project to meet the projected budget as set forth herein). B. required by the enactnlent or revision of codes, laws or regulations subsequent to the preparation of such documents; or C. due to changes required as a result of the City's failure to render decisions in a timely maIUler. For the purpose of this section, a material revision shall be one that significantly alters the responsibilities of the Consultant when viewed in the context of the entire Project. 16 EXHIBIT D - COMPENSATION FOR ADDITIONAL SERVICES City shall compensate for authorized additional services on the basis of the following as mutually agreed: * Actual time of the personnel expended in performing additional services indicated on Exhibit C. 17 EXHIBIT E - REIMBURSABLE EXPENSES Direct non-salary expenses, entitled reimbursables, directly attributable to the project will be charged at actual cost, without reference to Basic Services compensation and shall be authorized in writing by City in a timely fashion so as to not hinder Consultant's performance. 1) The cost of reproducing drawings and specifications to be distributed to contractor during the bidding phase. 2) The cost of postage or couriers associated with distribution of bidding documents. 3) Cost of surveying, soil borings, and geotechnical services. 4) Cost of printing drawings and specifications in addition to those required in this agreement. 18 EXHIBIT F - SCHEDULE The following time of perfonnance for each phase of the consultant service excludes time for City or agency review of the Consultant's submissions. Schematic Desi~n - Two months from completion of site survey. Desiin DevelQpment - Two months from receipt of notice to proceed with design development from City. Construction Documents - Shall be completed within.90 calendar days of notice to proceed with preparation of construction documents from City. Bidd~ & Ne~otiation - One month from approval of construction documents by. City and notice to proceed with bidding. Construction - Construction administration services shall be provided for the entire period of construction. If a delay of more than six months occurs during anyone phase which is not the fault of the Consultant, the Consultant will be entitled to negotiate a mutually acceptable adjustment to the compensation for Basic Services. The Consultant shall use its best efforts to complete all phases prior to the time periods set forth above and complete all phases of the project as expeditious as possible. 19 SCHEDULE G - INSURANCE The Consultant shall maintain insurance coverage reflecting the minimum amounts and conditions specified. WORKER'S COMPENSATION The Consultant shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federallaws. Thirty (30) days notice of cancellation is required and must be provided to the City of Parkland via Certified Mail. COMPREHENSIVE GENERAL LIABILITY The Consultant shall procure and maintain, for the life of this Contract/Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City of Parkland must be named as an additional insured unless Owners and Contractor's Protective Coverage is also provided, or required. Thirty (30) days written notice must be provided to the City of Parkland via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The Consultant shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $300,000.00 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. In the event the Consultant does not own any vehicles, we will accept the hired and non-owned coverage in the amounts listed above. In addition, City will require an affidavit signed by the consultant indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, 20 "CoIIlPany Name" agrees to purchase "Any Auto" or "Comprehensive Form" coverage as of the date of acquisition. Consultants Signature The City of Parkland must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the City of Parkland via Certified mail in the event of ~ancellation. PROFESSIONAL LIABILITY INSURANCE Consultant shall procure and maintain Professional Liability Insurance for the term of this Contract! Agreement. Consultant shall make every effort to maintain said insurance for a period of two (2) years after the terms of this Agreement. The minimum limits of coverage shall be $500,000. Any deductible will be the responsibility of the Consultant. Thirty (30) days written notice must be provided to the City of Parkland via Certified Mail in the event of cancellation. Consultant shall include provisions in contracts with subconsultants (other than irrigation) that they shall provide the same insurance coverages, at minimum, that are required of the Consultant. SUPPLEMENTAL PROVISIONS 1. The insurance coverage afforded by this policy(s) shall not be canceled or nonrenewed, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Parkland's department that originated this contract; in such case, every effort shall be made to secure substitute insurance providing the required coverage for the entire period as required. 2. Certificates of Insurance meeting the specific required provision specified within this Contract! Agreement shall be forwarded to the City of Parkland that originated the contract, and approved prior to the start of any work or the possession of any city property . 06/08/95 21 AGREEMENT BETWEEN CITY OF PARKLAND AND WALLACE ROBERTS & TODD CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF IMPROVEMENTS AT TERRAMAR PARK ATTESTED: *MtARM~~ APPROVED AS TO FORM: Q~ORNEY Witnesses: CITY OF PARKLAND, FLORIDA By: ~A~ Date: '-IS - 95 WALLACE ROBERTS & TODD By: C.4,7 &i'-' Date: t'/l"fj 22 AGREEMENT BETWEEN CITY OF PARKLAND AND WALLACE ROBERTS & TODD CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF IMPROVEMENTS AT TERRAMAR PARK STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ~ day of JUNE 1995, by SALPAGLIARA, as Mayor of the City of Parkland, who is personally known to me or has produced as identification. Si~~ HELEN M. LYNOTT Print, Type, or Stamp Commissioned Name -~ _. CD HELEN M. Lwcm MY QlIIlf-I.I'1ltI , CC GI04lI EXPIB:,.., 11, ,. .........., MIl UillIIMIlIIlI STATE OF FLORlDA... COUNTY OF ~ ~ _J-L J~'d~ , The foregoing instrument was acknowledged before me this ~ day of ~..... 1995, by C.. ~""N PtlM.r,;[f ,as P.A1e=1^-' ~ who is personally known to me or has produced as identification. Print, Type, or Stamp Commissioned Name KATHRYN. DAVIS Notary Public, State of Florida MY Commission Expires April 5, 1997 Co.mmission No. CC 274241 23