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961-Professional Engineering Co / 0m- THIS AGREEMENT is made and entered into this 3rd _day of December , 20 02 , by and between Pr'ofesstonal Eng:[neer:[ng Consultants, Inc. , duly authorized to conduct busiuess in the State of Florida, whose address is 200 E Rob:[nson Street~ 8u:i. te 1560, Orlando, FL 32801 _, hereinafter called the "CONSULTANT" and THE CITY of SANFORD, a municipal corporation of the State of Florida, whose physical address is City Hail, 300 N. Park Avenue, Sanford, Florida 32771, hereinafter called the "CITY." WITNESSETH: WltEREAS, the CITY desires to retain the services of a competent and qualified consultant to provide various drainage and transportation related consulting services; and WIIEREAS, the CITY has requested and received expressions of interest for the retention of services of consultants; and WIIEREAS, the CONSULTANT is competent and qualified to furnish a Stormwater Business Plan and to provide engineering and consultant services for roadway and drainage improvements to the CITY and desires to provide professional services according to the terms and conditions slated herein, NOW, TIlEREFORE, in consktcration of the mutual understandings and covenants set lbrth herein. !he CITY and thc CONSULTANT agree as lbllows: SECTION I. SERVICES. Thc CITY does hereby retain the CONSUI.TANT to furnish prol~zssional services and perform those tasks as further described in the Scope of Services altachcd hereto as Exhibi! "A" and made a hcreot] Required services shall be specifically enumerated, described and depicted in thc Work Orders authorizing pcrfi)rmance of the specific projccl, task, or study. This Agrccmcnl standing alone docs nol m~lh,)rizc Ibc pcrlbrmancc of any work or require Ibc (TI'Y to place any orders I})r work. SECTION 2. TERM. This Agrccmenl shall take eftizc! on thc date of ils cxeculion by Ibc ('IIY and shall run I;,)r a perked of one ( 1 ) year and, at the sole option of CITY, may bc renewed annually thcrc:lficl lilt ~ pcri{~d of up to five (5) years total. Expiration of the term of this Agreement shall have no effect upon Work Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until completion of the work authorized by the Work Order. SECTION 3. AUTHORIZATION FOR SERVICES. Authorization for performance of professional services by the CONSULTANT under this Agreement shall be in the form of written Work Orders issued and executed by the CITY and signed by the CONSULTANT. A sample Work Order is attached hereto as Exhibit "B." Each Work Order shall describe the services required, state the dates for commencement and completion of work and establish the amount and method of payment. The Work Orders will be issued under and shall incorporate the terms of this Agreement. The CITY makes no covenant or promise as to the number of available projects nor that, the CONSULTANT will perform any project for the CITY during the life of this Agreement. The ClTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by the CITY to be in the best interest of the CITY to do so. SECTION 4. TIME FOR COMPLETION. The services to be rendered by the CONSULTANT shall be commenced, as specified in such Work Orders as may be issued hereunder, and shall be completed within the time specified therein. In the event the CITY determines that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated schedule of incentives based on time savings. SECTION 5. COMPENSATION. The CITY agrees to compensate the CONSUI,TANT for the professional services called for under this Agreement on either a "Fixed Fee" basis or on a "Time Basis Method." Ifa Work Order is issued under a "Time Basis Method," then CONSULTANT shall be compensated in accordance with the rate schedule attached as Exhibit "C.' Ifa Work Order is issued for a "Fixed Fcc Basis?' then the applicable Work Order shall provide for no reimbursable expenses. SECTION 6. REIMBURSABLE EXPENSES. Ifa Work Order is issucd on a "Time Ba.sis Method," thcn reimbursable expenses arc in addition to the hourly rates. Reimbursable expenses are subject to thc applicable "Not- to-Exceed" or "Limitation of Funds" amount set forth in the Work Order. Reimbursable expenses may include actual expenditures made by the CONSULTANT, his employees or his professional associates in the interest of the Project for the expenses listed in the following paragraphs: (a) Expenses of transportation, when traveling in connection with the Project, based on Sections 112. 061 (7) and (8), Florida Statutes, or their successor; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. (b) Expense of reproductions, postage and handling of drawings and specifications. (c) I fauthorized in writing in advance by the CITY, the cost of other expenditures made by the CONSULTANT in the interest of the Project. SECTION 7. PAYMENT AND BILLING. (a) I fthe Scope of Services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The CONSULTANT shall perform all work required by the Work Order but, in no event, shall the CONSULTANT be paid more than the negotiated Fixed Fee amount stated therein. (b) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not-to Exceed amount. Ifa Not-to-Exceed amount is provided, the CONSULTANT shall perform all work required by the Work Order; but, in no event, shall the CONSUI,TANT be paid more than the Not- to-Exceed amount specified in the applicable Work Order. (c) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Limitation of Funds amount. The CONSULTANT is not authorized to exceed that amount without the prior written approval of the CITY. Said approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever lhc ('()NSULTANT has incurred expenses on any Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. (d) For Work Orders issued on a "Fixed Fee Basis," the CONSUI.TANT may invoice thc amount due based on the percentage of total Work Order services actually performed and completed; but, in no event, shall the 3 invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually 'compieted. The CITY may pay the CONSULTANT up to ninety percent (90%) of the approved amount on Work Orders issued on a "Fixed Fee Basis" prior to final completion of the work order. (e) For Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount, the CONSULTANT may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not-to-Exceed amount equal to a percentage of the total services actually completed. The CITY may pay the CONSULTANT up to ninety percent (90%) of the approved amount on Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount prior to final completion of the work order. (f) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not-to-Exceed amount shall be treated separately for retainage purposes. If the CITY determines that work is substantially con-qplete and the amount retained is considered to be in excess, the CITY may, at its sole and absolute discretion, release the retainage or any portion thereof. (g) For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONSULTANT may invoice the amount due for services actually performed and completed. The CITY shall pay the CONSULTANT one hundred percent (100%) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount. (h) Payments shall be made by the CITY to the CONSULTANT when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONSULTANT shall render to CITY, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of thc CONSULTANT, Work Ordcr Number. Contract Number, Purchase Order Number and all other information required by this Agrcement. Thc origina} invoice shall be sent to: The City of Sanford Attn.: Accounts Payable Post Office Box 1788 Sanford, Florida 32772-1788 4 · (i) Payment shall be made after review and approval by CITY within thirty (30) days of approval of a proper invoice fi.om the CONSULTANT. SECTION 8. GENERAL TERMS OF PAYMENT AND BILLING. (a) Upon satisfactory completion of work required hereunder and, upon acceptance of the work by the CITY, the CONSULTANT may invoice the CITY for the full amount of compensation provided for under the terms of this Agreement including any retainage and less any amount already paid by the CITY. The CITY shall pay the CONSULTANT within thirty (30) days of approval of proper invoice. (b) The CITY may perform or have performed an audit of the records of the CONSULTANT after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to the CONSULTANT and the CITY subsequent to the close of the final fiscal period in which the last work is performed. Total compensation to the CONSULTANT may be determined subsequent to an audit as provided for in subsections (b) and (c) of this Section, and the total compensation so determined shah be used to calculate final payment to the CONSULTANT. Conduct of this audit shall not delay final payment as provided by subsection (a) of this Section. (c) In addition to the above, if federal funds are used for any work under the Agreement, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records, of the CONSULTANT which are directly pertinent to work performed under this Agreement for purposes of making audit, examination, excerpts and transcript ions. (d) The CONSULTANT agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the CONSULTANT'S office at all reasonable times during the Agreement period and for five (5) years t~om the date of final payment uudcr tbc contract for audit or inspection 5 as provided for in subsections (b) and (c) of this Section. (e) In the event any audit or inspection conducted at~er final payment, but within the period provided in paragraph (d) of this Section reveals any overpayment by the CITY under the terms of the Agreement, the CONSULTANT shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY. SECTION 9. RESPONSIBILITIES OF TltE CONSULTANT. (a) The CONSULTANT shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in his plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (b) Neither the CITY'S review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and always remain liable to the CITY in accordance with applicable law for any and all damages to the CITY caused by the CONSULTANT'S negligent or wrongful performance of any of the services furnished under this Agreement. SECTION 10. OWNERSltIP OF DOCUMENTS. All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the CONSULTANT'S services or have been created during the course of the CONSULTANT'S performance under this Agreement shall become the property of the CITY after final payment is made to the CONSULTANT. SECTION Il. TERMINATION. (a) The CITY may, by written notice to the CONSULTANT terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any tin~e, either for the CITY'S convenience or because of thc lhilure of the CONSULTANT to fulfill its Agreement obligations. Upon receipt of such notice, thc CONSULTANT shall have the following obligations: (1) Immediately discontinue all services affected unless the notice directs otherwise. The CITY shall identify the specific work orders being terminated and the specific work orders to be continued to completion pursuant to the provisions of this Contract. This Contract will remain in full force and effect as to all authorized work orders which are to be continued to completion despite termination of the Contract. (2) Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the CONSULTANT in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the CITY, the CONSULTANT shall be paid compensation for services performed and accepted by the City to the date of termination. If this Agreement calls for the payment based on a Fixed Fee amount, the CONSULTANT shall be paid no more than a percentage of the Fixed Fee amount equivalent to the percentage of the completed and accepted of work, as determined solely and conclusively by the CITY, contemplated by this Agreement. (c) If the termination is due to the failure of the CONSULTANT to fulfill its Agreement obligations, the CITY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, the CONSULTANT shall be liable to the CITY for all reasonable additional costs occasioned to the C1TY thereby. The CONSULTANT shall not be liable for such additional costs if the failure to perform thc Agreement arises without any fault or negligence of the CONSULTANT; provided, however, that the CONSUI.'[ANT shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the CITY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any t:ault or negligence of the CONSULTANT. (d) If, after notice of termination for failure to fulfill its Agreement obligations, it is determined that the CONSULTANT had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of the CITY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedies of the CITY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. SECTION 12. AGREEMENT AND WORK ORDER IN CONFLICT. Whenever the terms of this Agreement conflict with any Work Order issued pursuant to it, the Agreement shall prevail. SECTION 13. EQUAL OPPORTUNITY EMPLOYMENT. The 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, disability, or national origin and will take 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; layoffor termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SECTION 14. NO CONTINGENT FEES. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona ftde 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 other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement at its sole discretion, without liability and to deducl from the Agreement price, or otherwise recover, the tbll amount of such t~e, commission. percentage, gift, or consideration. SECTION 15. CONFLICT OF INTEREST. (a) The CONSULTANT agrees that it will nol contract for or accept empk)ymcnt for thc performance of any work or service with any individual, business, corporation or government unit that would create a conflict of ' intere'st in the performance of its obligations pursuant to this Agreement with the CITY. (b) The CONSULTANT agrees that it will neither take any action nor engage in any conduct that would cause any CITY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONSULTANT causes or in any way promotes or encourages a CITY officer, employee, or agent to violate Chapter 112, Florida Statutes, the CITY shall have the right to terminate this Agreement. SECTION 16. ASSIGNMENT. This Agreement, or any interest herein, shah not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 17. SUBCONTRACTORS. In the event that the CONSULTANT, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, the CONSULTANT must first secure the prior express written approval of the CITY. lfsubeontractors or other professional associates are required in connection with the services covered by this Agreement, CONSULTANT shall remain fully responsible for the services of subcontractors or other professional associates. SECTION 18. INDEMNIFICATION OF CITY. The CONSULTANT agrees to hold harmless, indemnify, and defend the CITY, its commissioners, officers, employees, and agents against any and all claims, losses, damages or lawsuits for damages, including but not limited to attorney's fees and other legal costs, arising from, allegedly arising from or related to the provision of services hereunder by thc CONSULTANT. In accordance with Florida Statutes §725.06, adequate consideration has been provided to thc CONSULTANT for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to afli:ct the rights, privileges, and immunities of the CITY as set forth in §768.28, Florida Statutes. SECTION 19. INSURANCE. (a) GENERAL. The CONSULTANT shah at the CONSULTANT'S own cost, procure the insurance required under this Section. (1) The CONSULTANT shall furnish the CITY with a Certificate of Insurance signed by an authorized representative of thc insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liabifity and Commercial General Liabifity). The CITY, its officials, officers, and employees shall be additional named insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the CITY shah be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as thc insurance is no longer required to be maintained by the CONSULTANT, the CONSULTANT shall provide the CITY with a renewal or replacement Certificate oflnsurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the CITY, the CONSULTANT shall, within thirty (30) days after receipt of thc request, provide thc CITY with a certified copy of each oftbe policies of insurance providing thc coverage required by this Section. (4) Neither approval by the CITY nor failure to disapprove thc insurance furnished by a CONSULTANT shall relieve the CONSULTANT of the CON SULTANT'S full responsibility for perfom~ance of any obligation including CONSULTANT indemnification of CITY under this Agreement. (b) INSURANCE COMPANY REQUIREMENTS. Insurance companies providil~g thc insurance under this Agreement must meet the following requirements: (1) Companies issuing policies other than Workers' Compensatiork taus! be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by l0 the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by comp~aies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of"A" or better and a Financial Size Category o f"VlI" or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONSULTANT shall, as soon as the CONSULTANT has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONSULTANT has replaced the unacceptable insurer with an insurer acceptable to the CITY the CONSULTANT shah be deemed to he in default of this Agreement. (c) SPECIFICATIONS. Without limiting any of the other obligations or liability of the CONSULTANT, the CONSULTANT shall, at the CONSULTANT'S sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the con~nencement of work by thc CONSULTANT and shah be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation/Employer's Liability. (A) The CONSUI.TANT'S insurance shall cover the CONSULTANT and its subcontractors of every tier for those sourccs of liability which would bc covered by the latest edition of thc standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements, la addition to coverage for the I:lorida Workers' Compensation Acl, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' ~ ComI~ensation Act, Federal Employers' Liability Act and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $ 100.000.00 (Each Accident) $ 500,000.00 (Disease-Policy Limit) $ 100,000.00 (Disease-Each Employee) (2) Commercial General Liability. (A) The CONSULTAIqT'S insurance shall cover the CONSULTANT for those sources of liability which would be covered by the latest edition of the standard Commemial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) Thc minimum limits to be maintained by the CONSULTANT (inclusive of any amounts provided by an Umbrella or Excess policy) shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 25 01) to a Commercial General Liability Policy with amount of specified for each project: 12 General Aggregate Personal & Advertising Injury Limit Each Occurrence Limit LIMITS SThree (3) Times the Each Occurrence Limit $300,000.00 $300,000.00 (3) Professional Liability Insurance. The CONSULTANT shall carry limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (d) COVERAGE. The insurance provided by CONSULTANT pursuant to this Agreement shall apply on a primary basis and any other insurance or self-insurance maintained by the CITY or the CITY'S officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of the CONSULTANT. (e) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims-made basis. The Professional Liability insurance policy must either be on an occurrence basis, or, ifa claims-made basis, the coverage must respond to aH claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the CONSULTANT, its employees or agents o fliability from any obligation under a Section or any other portions of this Agreement. SECTION 20. DISPUTE RESOLUTION. The parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the prOcedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 13 SECTION 21. REPRESENTATIVES OF THE CITY AND THE CONSULTANT. ' (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. Thc CITY, upon request by the CONSULTANT, shall designate in writing and shall advise the CONSULTANT in writing of one (1) or more of its employees to whom all communications pertaining to the day-to- day conduct of this Agreement shall be addressed. The designated representative shall have thc authority to transmit instructions, receive information and interpret and define the CITY'S policy and decisions pertinent to the work covered by this Agreement. (b) The CONSULTANT shall, at all times during the normal work week, designate or appoint one or more representatives of the CONSULTANT who are authorized to act in behalf of and bind the CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the CITY continually and effectively advised of such designation. SECTION 22. 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 not commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall he predicated upon any prior representations or agreements, whether oral or written. SECTION 23. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained herein shall be eflbctive unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 24. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship o£co-partners between thc panics, or as constituting the CONSIJLTANT (including its officers, employees, and agents) the agent, represcnlativc, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONSUI~TANrl' is to be and shall remain 14 forever an independent contractor with respect to all services performed under this Agreement. SECTION 25. EMPLOYEE STATUS. Persons employed by the CONSULTANT in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY'S officers and employees either by operation of law or by the CITY. SECTION 26. SERVICES NOT PROVIDED FOR. No claim for services furnished by the CONSULTANT not specifically provided for herein shall be honored by the CITY. SECTION 27. PUBLIC RECORDS LAW. CONSULTANT acknowledges CITY'S obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONSULTANT acknowledges that CITY is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 28. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the CITY to terminate this Agreement immediately upon delivery of written notice of termination to the CONSULTANT. SECTION 29. NOTICES. Whenever either party desires to give notice unto the othcr, it must be given by written notice, sent by registered or certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the tbllowing as the respective places tbr giving ufnotice, to-wit: FOR THE CITY Direotor of Public Works, Tom George City Hall 300 N. Park Avenue Sanford, Florida 32771 FOR TH~ CONSULTANT David Hamstra, P.E. Principal / Storm~ater Department Manager Professional Engineering Consultants, Inc. 200 E. Robinson Street, Suite 1SGO Orlando, Florida 32801 SECTION 30. RIGHTS AT LAW RETAINED. The rights and ~medies oftbe CITY, provided for this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 31. EXTENT OF CONTRACT. This Contract, togetherwiththe~bemina~eridentified and listed, constitute the entire agreement between the CITY and The CONSULTANT, and supercedes all prior written or oral understandings and connection therewith. This Contract may only be amended, supplemented, or modified by a formal amendment. The Extu'bits made part of this Contract are as follows: Exhibit "A' Scope of Services Exhibit "B" Work Order Forms Exhibit "C" Rate Schedule fEc ~5~c.~e~.-r IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the CITY. ATTEST: Tom Kelley, . . (CORPORATE SEAL) ATTEST: Professional Engineering Consultants, Inc. By: R. Craig Batterson, Vice President CITY COMMISSION SANFORD, FLORIDA 16 Clerk to the City Commi~ion Sanford, Flofidm Tony V'andcr~o~, ~magcr / '/ For use and reliance of the City of Sanford, Florida, only. Appro. ved as to form and legal/ As authorized for execution by the City Commission at its ~,~',~ ~4.~3', ~ o o ~ , regular meeting. ~' 17 EXHIBIT "A" GENERAL SCOPE OF SERVICES The Consultant(s) shall provide expertise and technical skills, on an as needed basis, to assist the City staff in the implementation of these activities. General assignments that may be performed by the Consultant(s) under this contract solicitation may include, but are not limited to: Stormwater Business Plan - using existing data, maps and City input, develop a Stormwater system development master plan including priorities, funding strategies, work program, and annual budget requirements. 2. Drainage Issues - analyze and recommend solutions to existing and potential drainage problems. 3. Stormwater Utility Fund - study the existing funding mechanism and present justification and recommendations for rate adjustments and utilization of revenues for drainage improvements. 4. Survey, Design and Permitting - provide these services for design and permitting of roadway, drainage and transportation projects. 5. Transportation Planning and Traffic Engineering - evaluation of traffic impact of development projects; traffic studies and preparation of recommended transportation improvements. Downtown lnfill - consider proposed improvements in the Downtown area i.e. Convention Center, Ft Mellon Park and 1~ Street improvements and recommend drainage and transportation solutions. Engineering Services for Roadway and CDBG projects preliminary and final design and permitting for roadway constrnction, safety, intersection improvement, drainage and other transportation related projects. WORK ORDER NO.: PURCHASE ORDER NO.: PROJECT: CITY: EXHIBIT "B" WORK ORDER FOR COMPREHENSIVE PLANNING CONSULTING SERVICES AGREEMENT (RFSOQ 01/02 - 28) (For billing purposes only, to be assigned by CITY after execution.) SANFORD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CONSULTANT: Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Services attached as Exhibit "A," to that certain Agreement of between the CITY and the CONSULTANT and further delineated in the specifications, conditions and requiremems stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [ ] DRAWINGS/PLANS/SPECIFICATIONS [ ] SCOPE OF SERVICES { ] SPECIAL CONDITIONS [1 The CONSULTANT shall provide said services pursuant to this Work Order, its attachments and the above- referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within METHOD OF COMPENSATION: (a) This Work Order is issued on a: calendar days. FIXED FEE BASIS TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT TIME BASIS METHOD WITtt A I.IMITATION OF FUNDS AMOUNT 19 '(b) required by this Work Order for the sum of DOLLARS ($ event shall the CONSULTANT be paid more than the Fixed Fee Amount. (c) Iftbe compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then the If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work ). lnno by this Work Order for a sum not exceeding ). The CONSULTANT'S compensation shall be CONSULTANT shall perform all work required DOLLARS ($ based on the actual work required by this Work Order. If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the Limitation of Funds amount of ) without prior written approval of the (d) CONSULTANT is not authorized to exceed the DOLLARS ($ CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work performed under this Work Order. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. It is expressly understood by the CONSULTANT that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. 20 IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this day of ,20 , for the purposes stated herein. ATTEST: , Secretary (CORPORATE SEAL) ATTEST: By: Date: · President JANET DOUGHERTY Clerk to the City Commission Sanford, Florida. For use and reliance of the City of Sanford, Florida, only. Approved as to form and legal sufficiency. By:_ TONY VANDERWORP, CITY MANAGER Date: As authorized for execution by the City Commission at its 20__, regular meeting. City Attorney Attachment (s): Scope of Services 21 Comprehensive Planning Consultant Services Agreement (RFSOQ 01/02-28) City of Sanford ATTACHMENT "A" (Insurance Certificates) ACORD. CERTIFICATE OF LIABILITY INSURANCE , o,O."_' DATE,M.DO , 10/29/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wachovia Insurance Services DavisBaldwin Division P.O. Box 25277 Tampa FL 33622 Phone= 813-287-1936 Fax=813-282-1020 INSURED Professional Engineering Consultants, Inc. 200 E. Robinson St., S#1560 Orlando FL 32801 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~NSURERA: Hartford Ins Co of the SE INSURER B: INSURER C: INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E iSSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE fMMIOOIYY) OATE {MM/DD/YY) LIMITS G E..__NERAL LIABILITY EACH OCCURRENCE $ 1 · 000 · 000 A X COMMERCIAL GENERAL LIABILITY 21D~t~UU0542 05/15/02 05/15/03 FIREDAMAGE(Anyonefire) $ 50 , 000 I CLAIMSMAOE [] OCCUR MEDEXP(Anyone~erson) $ 5, 000 -- PERSONAL & AOV INJURY $1,000#000 -- GENERAL AGGREGATE $ 2, 000 · 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG $ 2 , 000 · 000 A __X ANYAUTO 21U~IRu'u0542 05/15/02 05/15/03 (Eaaccidenl) $ 1, 000, 000 A X~ OCCUR [] CLAIMSMADE 21X~uuu0601 05/15/02 05/15/03 AGGREGATE $ 4· 000, 000 RETENTION $ WORKERS COMPENBATION AND I TORY LIMITSI I ER A Tools Equipment 21MSLR376221 05/15/02 05/15/03 Eclat Sche 223,708 Rent/Leas 60,000 DESCRIPTION OF OPERATiONBILOCATIONS,'VEH~CLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECiAL PROVISIONS Certificate holder is listed as Additional Insured. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION City of Sanford, Florida Public Works Department P.O. Box 1788 Sanford FL 32772 ACORD 25-S (7~97) CIT¥S~tN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIP, ATll DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL ~ 0 DAYS WRrTTEh NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OD SO SHAL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. iTS AGENTS OR REPRESENTATIVES. CORPORATION 1988 ,4CORD. CERTIFICATE OF LIABILITY INSURANCI o O _' 2 PRODUCER Wachovia Insurance Services DavisBaldwin Division P.O. Box 25277 Tampa FL 33622 Phone: 813-287-1936 Fax=813-282-1020 Professional Engineering Consultants, Inc. 200 E. Robinson St., S#1560 Orlando FL 32801 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: ITT Hartford Ins. Group INSURER B: INSURER C: INSURER O: INSURER E: COVERAGES THE POLICIES DE iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEDL NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE {NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDtTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE {M~I/DD/¥Y} i DATE {MM/DD/YY} LIMITS G E___.NERAL LJABIMTY EACH OCCURRENCE COMMERCIAL GENERAL LIABtLITY FIRE DAMAGE (A~y one fire) $ I CLAIMS MADE [] OCCUR MEO EXP (Any one person) $ __ PERSONAL & ADV tN JURY $ __ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG PRO- AUTOMOBILE LIAB,LITY -- COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS -- BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY iNJURY NON-OWNED AUTOS (Per ecoder~t) $ PROPERTY DAMAGE GARAGE L~ABIUTY AUTO ONLY ~ EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG I OCCUR [~ CLAIMS MADE AGGREGATE $ TORY LIMITSI A Professional Liab NPC0123649 07/17/02 07/17/03 Ech Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATJONS/LOCATIONS/VERICLESIEXCLUSJONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS IFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: -- CANCELLATION City of Sanford, Florida Public Works Department P.O. Box 1788 Sanford FL 32772 ACORD 25-S (7/97) CITYSA~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ O DAYS WRITi'EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBMGATION OR LIABILITY OF ANy KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCF o ' OATEIM D I 10/30/02 PRODUCER ACEC/MARSH 800 Market St, Ste. 2600 St. Louis MO 63101-2500 Phone=800-338-1391 F&x=888-621-3173 INSURED Professional Eng. Cons., Att= Carolyn MaGdox 200 E. Robinson St. Orlando FL 32801 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~NSURERA: Hartford Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE DEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDiNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMtDDfY~'~ DATE [MMfDD/YY~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ I CLAIMSMAOE [] OCCUR MEDEXP(Anyoneperson) $ PERSONAL & ADV iNJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/Dp AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -- ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY iNJURY -- SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE EABILITY AUTO ONLY. EA ACCIDENT ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR ~] CLAIMS MADE AGGREGATE $ $  DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND x IWCToRY L'MITSIsTA'U- I ERD rH- EMPI.OYERS' LIABILITY A 84WJGAQB065 11/01/02 11/01/03 E L EACH ACCIOENT $500,000 EL DISEASE-EAEMPLOYEE $ 500¢000 EL DISEASE-POLICYL]MIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEBICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. CERTIFICATE HOLDER I N I ADDITIONALINSURED; INSURER LETTER: CANCELLATION CITY OF SANFORD, FLORIDA DEPT OF PUBLIC WORKS PO BOX 1788 SANFORD FL 32772-1788 ACORD25-S(7197) SANFRD1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOh DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. Comprehensive Planning Consultant Services Agreement (RFSOQ 01/02-28) City of Sanford ATTACHMENT "B" (PEC Hourly Rates and Organizational Charts) COMPREHENSIVE PLANNING CONSULTANT SERVICES AGREEMENT FOR THE CITY OF SANFORD (RFSOQ 01102-28) PROFESSIONAL ENGINEERING CONSULTANTS, INC. SCHEDULE OF DIRECT LABOR RATES AND ALLOWANCES FOR FRINGE BENEFITS, GENERAL OVERHEAD AND OPERATING MARGIN Direct Hourly Labor Rates by Employee Category for 3-Year Continuing Professional Engineering Consulting Services Employee Category Raw Labor Rate Multiplier Billing Rate (x 2.98) Principal $41.00 2.98 $122.18 Department Manager $40.00 2.98 $119.20 Sr. Project Manager $38.00 2.98 $113.24 Project Manager $35.00 2.98 $104.30 Sr. Engineer m $35.00 2.98 $104.30 Sr. Engineer II $32.50 2.98 $96.85 Engineer II $22.50 2.98 $67.05 Engineer I $20.00 2.98 $59.60 Sr. Planner II $30.00 2.98 $89.40 Sr. Planner I $25.00 2.98 $74.50 Sr. Designer III $25.00 2.98 $74.50 Sr. Designer II $22.50 2.98 $67.05 Sr. Designer I $20.00 2.98 $59.60 CADD Technician $17.50 2.98 $52.15 Word Processor / Secretary $17.50 2.98 $52.15 Clerical Support $15.00 2.98 $44.70 Registered Land Surveyor $25.00 2.98 $74.50 2-Man Crew $30.00 2.98 $89.40 3-Man Crew $40.00 2.98 $119.20 1 K:~LDXPRO\p-2135 labor costs.wpd COMPREHENSIVE PLANNING CONSULTANT SERVICES AGREEMENT FOR THE CITY OF SANFORD (RFSOQ 01/02-28) PROFESSIONAL ENGINEERING CONSULTANTS, INC. INDIRECT EXPENSES Mileage Copies (In-House) B&W Indirect Expenses ..................................... $ 0.365 / mile Color Blueprints Plo~ers OCE - Plo~er 8.5x 11 ............................... $0.13 / page 8.5 x 14 ............................... $0.17/page 11 x 17 ............................... $0.26/page All other sizes .......................... $0.20 / SF 8.5 x 11 ............................... $1.50 / page 8.5 x 14 ............................... $1.50 / page 11 x 17 ............................... $2.00/page 13 x 19 ............................... $2.75/page ..................................... $1.00/page All B&W Plots ........................ $0.20 / SF B&W Mylars .......................... $3.50 / SF HP 1055 Color Plotter All Color Plots ......................... $6.00 / SF All B&W Sizes ......................... $0.20 / SF Overnight Parcels ..................................... Actual Cost / Fed. Express Rate + 15 % Facsimile ..................................... $0.50 / page Postage ..................................... Actual Cost Government Permits ..................................... Actual Cost + 15% Reference Data (Codes, Maps, Aerials, etc.) .................... Actual Cost + 15% 2 KSLD~PRO\p-2135 labor costs.wpd Comprehensive Planning Consultant Services Agreement (RFSOQ 01/02-28) City of Sanford ATTACHMENT "C" (ERD Hourly Rates and Organizational Chart) ERD ENVIRONMENTAL RESEARCH & DESIGN, INC. WATER QUALITY ENGINEERING 3419 TRENTWOOD BLVD. SUITE 102 O ORLANDO, FL 32812 TELEPHONE: (407) 855-9465 I~ FAX: (407) 826-0419 HOURLY RATES Prepared October 29, 2002 EMPLOYEE HOURLY RATE Harvey H. Harper, Ph.D., P.E. $125.00 Project Dkector Jeffrey L. Herr, P.E. $114.19 Project Manager David Baker, P.E. $76.68 Project Engineer Les Height $50.03 Designer Yanessa Permaul $61.34 Laboratory Supervisor Wende Falkowski $44.95 Chemist Chip Harper $47.85 Field Operations Supervisor David Searboro/Harry Seenauth $44.95 Field Technicians Sharon H. Darling $36.40 Clerical pEC~HOURLY-RATES Oct02 Z u.I C.1 ~ z Z Z n,' It: Comprehensive Planning Consultant Services Agreement (RFSOQ 01/02-28) City of Sanford ATTACHMENT "D" (Devo Engineering Hourly Rates and Organizational Chart) Devo Seereeram, Ph.D., P.E. David Kincaid, B.Sc., P.G. Principal Enqineer $90/hr Senior Hydrogeologist $85/hr Robin Persad, B.Sc. Project Manager/Project Engineer $80/hr Robert Casper, M.E., E.I. Project Engineer. Geotechnical $80/hr Henry Towns Specialist Field Technician $65/hr Ahmed Zaghloul, B.Sc. Senior CADD Designer $65/hr Toney Allen Sr. Engineering Technician $65/hr Steve Baker Jr. Enginetring Technician $50/hr Charmaine Saith, B.Sc., B.A. Administrative Manager $50/hr Anila Rasul, B.Sc. (Economics) Technical Assistant $45/hr Vikash Gayah Graphics/lab Assistant $45/hr Kevin Bland Graphics/lab Assistant $45/hr Kenny Towns Graphics/lab Assistant $40/hr Vickie Smith Clerical $32/hr U N ~ Comprehensive Planning Consultant Services Agreement (RFSOQ 01/02-28) City of Sanford ATTACHMENT "E" (Lotspeich & Associates, Inc. Hourly Rates and Organizational Chart) LOTSPEICH AND ASSOCIATES, INC. 2711 West Fairbanks Ave. Winter Park, FL 32789 FEINt 59-2047370 Billing Rate Schedule for Professional Services 30-Oct-02 LABOR CLASSIFICATION Principal Senior Environmental Specialist Project Environmental Specialist EMPLOYEE NAME BASE RATE Renee L. Thomas $28.85 Karl G. Lotspeich Renee L. Thomas Karl G. Lotspeich Don I. Silverberg $27.60 Catherine L. Stoccardo $20.44 Michael J. Howe X MULTIPLIER 3.0000 3.0000 3.0000 3.0000 3.0000 3.0000 Environmental Specialist Kristi M. Rainer $14.18 Daniel Ansoo Graphics Sr. Project Coordinator J'. Gordon Spears $14.65 Josephine Miller Ann M. Hague $19.58 Valerie D. McDonald Clerical Josephine Miller $13.21 M. Chris Schrank Signature below certifies that the above Base Rate figures are accurate as of 16 October 2002. The Billing Rates represent actual salary costs nc uding Overhead, Fringe Benefits, and Operating Margin. '~ene'e L. Thomas, President Notary Public Valerie D. McDonald Date My Commission Expires: Nola'y P~, Sim d Florida MY m~et. eq~. D~c. 20, 2005 COn~. NO. CC867724 BILLING RATE $86.55 $82.80 $61.32 $42.54 $43.95 $58.74 $39.63