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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_06/11/20091. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 6/11 /09 Meeting Type: Regular Ordinance #: Click here to enter text. Consent Agenda: Yes Resolution #: Click here to enter text. Originating Department: Village Manager / Parks ~ Recreation ~. e+v~~wr~ ~ ~ cm ~ ~ ~ Lc: (vw~Ulny iOfm Lne .7UtSJtI~ I une or your staTT report) Approval of General Architectural and Engineering Design Services Agreement between CH2M Hill, Inc. and the Village of Tequesta to Provide Professional Services to Evaluate the Roof Mounted A/C Equipment at Tequesta Constitution Park Recreation Center 3. BUDGET /FINANCIAL IMPACT: Acctwwt~ N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: ~~ Click here to enter text. Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. item. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Approval of General Architectural and Engineering Design Services Agreement between CH2M Hill, Inc. and the Village of Tequesta to Provide Professional Services to Evaluate the Roof Mounted A/C Equipment at Tequesta Constitution Park Recreation Center a. ~-rrrcuvp-~s: Dept. Head: Finance Director: ^ Reviewed for Financial Sufficiency ^ No Financial Impact Attorney: (for legal sufficiency) Yes ^ No ^ Village Manager: ~~' • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ ~~~~MIl.~. S'T~4N,~f?FlAf3REElW~~P~"Ft'~RPRC)F~SS~rJNAL SER'1ltCE "fh,is AGREEMENT i$ betv-~ten Cii2M WILL iNG:, (`ENGt~IEEFt"),and t/li.l_AGE of TEQUE~TA (~C7~tI~lER"} i°ar a PROJECT generally dQSSSxit~d as Gerrs3rat Architectural & ~ngnaer#ng d+ssign servfees.. ARTICLE 1. SCOPE bF' SERVICES Ei+1GINEER will perform the S~~ of Services ~t forth in Attachment A- ~u#s`cle ~. ARTICLE,. Ct"JMPENSATi(]!N t~htNER willaompensete EhiGINI_ER as ae`f forth in ~A.ttachment A ~ Article 2. Work perfamle'd antler this At;FtEEMENTmay 6e perfumed using latxfrfrom affiliated companies of ENGINEER. Such latxtr~trlll ba bii<ed tc OWNER under the same billing texrns appiit~ble t4 ENCINEEf2's employees, at;fTltcuE ~. Teens tai I;~e~r~EiwT C}WNE~t will pay ENGINEER as frailows: 3.1 Inxolces and Time pf F'symant ENGINEER wi11 issuerecanthlyinrrcric®s pursuantta Attachment B. fnvr~ices a~ doe end payable within 3U days of recslpt. 3.2 Interrrst 3.2.'l CIWNER wGli bra charged interest at the rate of 1-1I2°/a per mt~ttth~ or that permitted by lativ ii" lesser, on all peel-due amtrunts starting 30 days attar receipt afi 1nuQice, ~aymr~~nAlf first bt; credited by interest and then to principal, 3.2,2.. to thee+rent of a disputed billing, only #ft~ sllsptrted partlcn will b® writhhsld from payment, a~rad' £4tNEI~ Shad pay the undisputed po€tia~n. OWNER wiN +erelsareasonablgness In dlsputitng 8ny bill. ar parttrsn def. No interest will accrue on arty di~tu#ed partlart of the billing until mutually resolves, 3:2.3 If QW NEf2 fails to m8ke payrnertt in tali within 30 days of tine date due for any undisputed billing, ENGINEER may, after giving 7 days' written notice to t~4VNER, suspend services tlrader thls AGREEMENT until paid in full, inducting interea4 In the event of suspen~t~ri of services, ENGINEER will have no liability to OWNEFtfcrr delays or damages caused lay pVYNEF3 ktecause tr#ast+ch suspension. ARTICt.E`4. QBI~IGATIt»1S CJE ENGINEER 4.1 Standard of Dare The standard of care applicable tv ENGINEER'S Services will be the degree of slt~Cl and dlgencd normally employed by prafe5sicmeC engineers or eansultants performing khe 5811~1e yr Simhar Sarvic € the time said services are perf€inngcf. ENC3iNEER. will reperfprm any Services riot meeting this standard without additional compensation, $.~ Subsurface fnver;tigatiisns fns©ild, faur-datian, groundwater, and csfh~er subsurface investigations, the actual characteristics may vary sb~nificantly betweon successl~ test polrrts and p~ integrals a~ at locations ether than where obserrrations, e+xplt~ration, and Investigatlcsns have b made. Eecause of the inherent uncertainties in subsurface evatua4ians, changed yr unanticipated underground conditions may occur that could affect fc-~l PROJECT cc~t andfar execution. There conditions bird costlexecutian ef#ectsare notfhe responsibility cYf ~MGINEER, 4.3 ENGiNEER's Rersonnei at Construction Site 4.3.1 The preserbce or dudes of ENGINEER'S personnel at a construction site,wfiether as onsite representatives or otherwtise, do n~Qt innake ENGINEER or frNGItVEEFt's personnel in arry way responsible f~ those du6ies that below to OWNER andlor khe construction contractors of att-er er~titias, and do not rallsve the ccnstructfon contractors or any other entlty of their abligaticns, duties, and re~onsibilitles, ineluding, buT not Ilrnlted ta, alt construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing alt portirna of the construction work in act;ocdanca with the constnrctiart Contract Documents and any health or safety prr~autions required lay such construction v~rork. 4.3.2 ENGINEER and ENGINEER`S personnel have nnautharlty to exercise any t~ntrol o~rar• any cvnstnictian contractor or other anti#y or their empk+yeas in connection with their vvcrric or any health ar safety precautl~ons and have na duty for Inspeetfr~, noting, observing, oorrecting, ar reporting trn health or safety deficiencies of the t~onstructian cantractar(s) or other entity or any ether per~ans at ms site axc:apt ENGINEER'S a~nm per~nr~l. 4.3.3 Tha pressertietr sat ENK,IRIt=ft's per±n~ 2rt a urortstructian site is far the purpa~i of providing to OWNER a greater degree of cionftdence thart the cpmpieted construction work vrlll CDnfdtm'generally to the construction documer and ratthe integrity of the design concept as reflected in the caanstrtaction documents has been implemented and preserved by ~e iCOnStructian crmtractarlsl. ENGINEER neither guerre flees the perfprmsnce of tt~c~ conatruGkiOn atyntractor(s} rx~r assumes responsibility ter s~anstructir,n ccantractc~r's failure to perfcrrn work in ar,.aaorx#ance with the canstrtrctton doctamen#s: r OF~A 391fi RE'+i€ E(11~+8 Far thi6,4~REcMEt~tT only, aonstructian sites include places of manufacture for n~ateeieils lnca~-areted Into the construction work, and cx~structidn contr~ct+<srs include rnanufa~turers of makerials incorporsteti into the construction vunrk. 4,4 ~pinlon~ of Cyst, >=inancial tavnsid~rratls, and Schedules tq' prOVlding opinions afcosf. financial aryalyses, economic feasibility projettions, and schedules. ~ the PR~.IECT, ENGitdEER hag nc control over c:vst or price of lobar and materials; unknown ar latent conditions of existing equipment or structures that may affect ap~ettion or maintertan~ costs; competitive bidding praaedures and market conditions, time or quality Cf {~erfvrmance by operating personnel or third parties; end a~ier ecenarnic and a~rationai factors tFunt mey materkally affect the ultimate k'I~C),JEGT cost ar schedule. Therefore, ENGINEER makes no warranty that~QWNER`s actual PRU,)ECT costs, flrtanclal aspects, economic feasibility, or sdiedules will nat. vary Pram ENGINEER'S apieriona, analyses, projections, or estimates. if OWNER weshes grew assurance as to any element of PROJECT cast, feasifiiiity, or schedule, tN>ER wilt employ an independent cost estimator. cantrectar, or other appropriate advisor. 4.~ anstructian Progress Patents Recarnm®ndalians by ENGINEER to OWNl-R ~r tic constructon prog~ss payments to the t~instruction c©ntractor{s) will ba baseti on Et~GItyEIrR`a ~u`#[~wledge, information, and bel~f from selectev8 milling that the work has presgr~aed to the point indicated. Such recommendations dt+ not represent that continuous ar detailed axaminatia~s have beenmade f5y EI'+EGINEER to asoertaen that the cons~ction t~ntractar~s}have completed the wank in exact ardance with the construction doc~rmenfs;thstthe final vrork will be acceptable in alt respects; that Et~GtNEER has made an examination to ascertain haw ~rfc~rwhat purlwsa the construction contractc~s) have used the moneys paid; that tlUe to any of the work, mat®rials, 4requl}~nenthas passed to OWNER fir and clear of li®ns, claims, security interests, or encumbrances; or that there are not other matters at issue between OV1lNER and the constnredon contractors that affect the amount that should be peid. A.6 Re+cord Drarwings Reaord drawings, if requiroed, will kre prepar~;d, ir7 partT on the basis of information compiled and furnished by others, and may net always represent the exact location, type of various carnponents, or exact manner in which the PROJECT was finally constructed,. ENGINEER is not responsible ftrJ~any yam cr omissions in the `rn#armation from ethers that is inr„orporated into the recnrtt drawings: 4.T Access to ENGIfriEER`s Accounting ~tecords ENGINEER will maintain accounting records,in rxlan~ with ~nerally accepted accountir~ ~tinciples. Theme records will 4e available to U'vilER during ENGiNEER's normal lousiness hours for a period of 1 year after ENGiNEER'sfinai invoer.6 for exarninatea~r~r to the extent requires' tQ verify the direct costs ~exctudirx~ esttabtlshed or standard allcnr~ances and raters} incurred hereunder. t'3VYNER may only a-~it ar;,~unting records applicable to 2 castMr~imbui'sable type compensation. A.8 r~I~~IN>=ER's knsuw~nc,~ ENGINEER will maintain throughautthis AGREEMENT the fallowirx,~ insuraince: (a} Wortc~er's cxsmpensati+an and emprayePs liability insurance a~ requtrad by the state where the work is performed. {b} Ga-n~shensive auto>Y-abile and vehicle Gabiliry insurance cavenln+~ elairns for ernes tt~ rlr3embers the putslic andlar damages to property of others arising #ram use of nnotorvehides, incls~ting on~te and offsite operations, and owned, nanovrned, or hired vehicles, v;rith $1,O~,Otlbcombinad singlo limits. {c~ Commercial general Gabifety insurance eaverfng claims for injuries to members exf the public t~rdarnage to r~raperty of others arising out of any covered negligent aci or omission of ENGINEER or of any of its employees, agents, ar subcontractara, vaith $1,t)t}(1,t700 per occurrence end in the aggrega~. ~d} Professional liability insurmnc~ of $1,OtKl.t100 occurrence and In the ag~reglafe. {+~~ OW NER will be named as arf addi~onsol ensured vrittt respect to ENGIMEER`a liabiliiees hereunder in insurance coverages lctentiifiad En items (b} aid (c} and ENGINEER tv8ly subra„~tion ~ain:,t L}1NNER as to said pat~ees. ARhICL.E 5. pBl,It~ATI~NS OF t?titlN~R 5.1 ©V4fNER-Furnished C3ata (7WhdER will provide tp ENGINEER all data in 7WNER's possession retaking to ENGINEER'S ser~ire on the PRt~JECT. ENGINEER will reasonably rely ups then accruracy, timeliness, and campleterle~s of the ~inf©rmatior~ provided try t}WNER. ~.2 Access to FacNltlas anct sroperty C7WNER urrli make its facilities accassibi~m ENGINEER as required far EtVGiNI=ER's pe~ornce Qf Its services and will pnovida latter and safety equipment as regpired by ENGINEER for such access. 01Al1titER will perfar~, at ~ cyst to ENGINEER, such tees of equipment, machinery, pipetin®s, and other aornponents of ~'VNER's facilities as maybe required in connectidrn with ENGENEER's servtr„e~s. 5.3 Advertisernrants, Parrnits, and Access Unless athervns® agreed to in the Scope of 8erviaes, ~I~'VNER tit~ll obtain, arrange, and pay for alt advertisements for bids; permits and licenses r+squired tat/ lacat, state, or federal authorities; and land,. easements, rights-of-way, and access nece5sar}~ fcsr ENGI1'~EER's services or PFtal>sCT construcUi. ~.~ Tlrrasly Re+~iew C}1rVNER wdl examine ENGINEER'S studies, repart~, sketches, drawings, spedfiratians, pr+apasals, and oth®r documents; obtain actvicye of ad a#twney, insurance counselor, accr3untant, audkor, taond and flnanr~al advisors, and other consultants 8rs t~WNER deerrts appropriate; and render in wrilitlg decisions rewired t7y OWNER in a timely manner, 5.5 ~rortnpt ttotive OV4fNER will f~h'e prompt written notice t4 ENGINEER whenever C3WtVER n#reerves ~ tyecames aware af' any FGSRM REM~;~Q lead devebprne:nt that affects the scopes or timing of EIVGI NEER's ~enrices or of any deflect Irti the work of EN+.~INEER ar construction contractors. 5.6 Asbesteis ar Ftazardaus Subsf'ances 5.6.1 if asbestos or ha~srdeus substances in ank form sire encountered trr suspected, Et~Glf~IEER will stag its own work in the a~cteat portions ctf the P~ttJJEG7' to perrr,it testing anci evaiuatirzn. 5.6.2 ~`asbestas Is suspected, ENGIt+IEER vuill, ii reQuested, manage the astsestas rernrediatlq-r aGlivities using a qualified ~uEycontract~rr at an addi6~al lee:end corttr8ct terms to be negotiated. 5.6,3..: If hazardous substances otherthan asbestos are suspected, ENGINEER will, if rerluest®rt, ~corfduct test& ~ determine the extent of the problem and will perform the necessary studies and recorramend the necessary rE;rnedial measures at an adriif7crnat fee and contract terms to tae negotiated. 5.fi.4 Client recognizes that CHZM HILL assumes no risk andlor liability for a waste ar hazardous waste site onga~ated by other than CI-I2M f-il1wL. 5.7 Contractor [ndemnlficartfan and Glaims 5.7.1 OWNER agrees tp include in at[ construction contracts the provi:;idns of Attkcte 4,3, ENGIMEER's Personnel at Construction Site, and provisions providing eon#ractor indemn~cation of ~}VYNER and ENGI NEEf~ fcsr contractors negligence. 5.7.2 iJWNER shall regt~re cxanstn.c#ian contractor{s) fa Warne t~Wt~EFt and ENGINEER a~ additional insureds tail tho ix;~ctor's general liaf~ility insurance paliay~ 5.7.3 C+WNER 'ees~ include the #ollowing clause in aU contracts with conrtrut~ir c~ontractars, and equipment ar matar#alssttppl~ers: "Con~cfiors, subcontreckvrs, and equipment aneS material suppliers on the PR{]JECT, or their suretiets, shah maintain no direct acfilon against ENGlhiEER, ENGINEER's affkers, empbyees, affiliated t~rpora;6ons, and subcontractors for any claim ariaif>g ou# af, in connection with, or resulting from the engineering services performed. UViINER will be th€r only beneficiary of any unde~aking by ENGINEER." 5.B QW'idER`s Insurance 5.13.1 [IWNER will mainbin property insurance on all pre existing fihysicai faaiiiUes assnnciated in an~r-wad with the PROJECT. 5.8,2 QWNER will provide for a waiver of subrr~gatian ss to all C~tNER-earriad prpperty~demaga insurance, during construction and thereafter,: to fevQr of I=NGINEER, ENGINEER'S officere, ennp~layees:, sftit$s, and subca~ntractvrs_ 5.8.3 C7YdNEFi will provide Cor have the r~o€istrucn ct3ntractar{s) pr+ovkiey a Bulld~ers Risk Alt Risk insurarxs t~IiGy for the full replacdrr~nt value of aiC RROJEGT work inclu~d(ng the vs~ue ofalt snails t~V+INEi~-famished equipment andlar matsn~s associates with ENGINEER'S services.~uch policy v~ill include t;c7verage fax losstl'ko ducts in materials and workmanship end errors In design, and wilt pr~vlde e v~iverofsubrvgataon asto ENGINEER and the. ~nstructton contractors) for t7W NE-~}, and tYtelr r+aapective pffice:es, ernpioy~s, agents, affiliates, and subconttrac~rs. ~DWNER will provide ENGINEER a copy of such policy. 5~ Litigatlcn Assistance The Scop®of Services does not include costs of ENGGINEER for required ar requested assds~lrtce to support. prepare, document, bring,. ds#end, c~rassist in ligation trndette~ketl or ~fefiendacl lay OWtUER. Ail such. Services required. ornE3questad of ENGINEER by fJW NER, except ft»' suits or claims betvueen the parties t© this AGREEMENT, wUl ba relr~abu~esi as mutually agreed... 5.7Q Changes QW NER may make or approve changes witfiin the. ,genera( Stx7pe of Services in this AGREE.~+IEhJT. If such r,3tanges ~fect ENGINEER's cost 6f or time r`ectuired far performance of the services, an equitable:9djustment will be made through en amendment ko the AGREEMENT. ItRTICLE 8. rsEf~EERAL f.EGAL I~F~QV'ISI~IIM~~. 6.'t Authorlxaitior~ to fyrooead Execution of this AGREEMENT b7r t7VtlhlER v1+11 be authorization for ENGINEER tp proceetf with the warts, unless otherwise provided ftrr in this AGREEftAEP~'T, 6,2 Reuse of PROJECT t3ocument~ Ail reports, drawings, sp~ecificatians, documents, end other deliverables of ENGINEER, whether in hard copy' or in electronic farm, are inskruments of service forthts PROJECT. whether the PROJECT is completed or tt~et QWNEf2 agrees to ind~nnify ENGINEER and ENGfNEER's officers, ernpk~yees, subcontractor, ant! listed cor~ra~Nons fr~rn ell cleirn~s, damages, ~rsses, and casts, ficluding; but not limited to, ligation +sxpenses and aEttomey's fees arising out of ar retat! the unauthorized reuse, change br aJtaration of these F'R+~JECT documents. $.3 Force Majeuro 1~NGiNEER is not resptar-siblr~ for damages or delay in performance cau~ti bW asks ~ God, strikes, lockouts; accidents, or other>+sr+erttsg ~y+attd the control of ENGINEER. In any h event., ENGINEER'S contract price and schedul® shell be eqult~bly edJustsd. 8.4 R.imltation of 1iabflity' 6.4.1 To the maximum extent permitted by law, ENCilNEER's fiat~ility for aWNER's damagas+n~ll nptf in the aggregates, e>cceed$1,#~t~,Q4~~ 6.4.2 This article takes precedence over any confiicth,g article caf this AGREEMENT ur any d4+cument lr~cor~rated into it or referenced by tt. 6.4.3 This Itmitatian of liatsilityr will applywhdther ENGINEER"s liability arises under bcesch of contraCtrsr warranty; tort: including netjligertce; StrlCtliabllity; statutory liability; or any other cause csf anion, i3nd shall include ENGINEER'S officers, affiliated carporatkons, empleryees, and suttcalalraotors. t3.5 •Ternninaltic-n 6,5.1 This A~REEMI=fJT mfr 6a tfarminafl finr convenience on 30 days' written notice, or far cause if either party fa~6 ~bstantSal ly to perform through no f;~it of the ocher dt~s not camrroence correction c+fsuch nonperforvnat~s within ~ days of written native ar~ci diligently complete lt"ie ctarrectinn thereafter: raa~a ass RE1~'iS~A 1,RU4 6,5,2 On termination, ENGINEER will be paid far all auth~oriasd Services per#armetf up to the termination sate plus termination expenses. such as, but not limited to, reassignment. of personr~-, subCOr3trt terrn(nati~gn rXisdS, acid rG'lated CigS~Ut U4~stS. ~,~ Suspension, fielay, tnt` fnterruptiatt of Work CiWNER may suspend, dray, ar ntetinGl~t the Services of ENGINEI=R ftrrthe convenlende Qf C1++tNER. In such event. Ef~lGINEER`s contract price and schedule. shall be equitably adjuste~ri: 8.7 iVo Thfrd-Party ~n+3ficiarfas This ~11aREEMENT gives rip rights car tees ~~an~z o#rer than GwNER and ENGiNEEf2 and has nca tl~ind- party beneficiaries. ~.t3 thdemnificatian 6,13.1 ENGINEER agrees to indemnify GWNER for any claims, damages, losses, and costs~inoluding, but ndt limited ta, attorney's fees and Ntigationr.4sts, arisfig out of claims by third parties for proper~r damage or twdily injury, ineludinct death. ~ the proportionate extent caused by ttte negt(gence orwllPful m(seo~duct of ENGINEER, ENGINEER's employees, affiliated corpt~tions, and subcontractors in cottnectian witl5 tare PRQJECT. £.8,2 OWhtEFt agrees to inderr~nify ENGINEER any clainns, damages, losses, and costs, including,bUt eat ~mited t4, attorney's fees and iiiigation costs, arising out of claims by third parties for property damage or body injury, including dr3aih, to the proportionate extent caused by the negligence or willful misconducE Qf GWNER, ar its employees ur ~ntra~ctc~rs in connection vuith the PRtJJEC7. 6,l~ Assignment 'Phis is a bilatl personal So~vices AGREEMENT. Neither party shall harm the power to or wilt assign at7y rif the duties ttr rights or any claim arising out of or related to this AGREEMENT, whether arcing in tort, contract or otherwise, without the writt®n consent of the c~therperty. Any unauthorized assignment is void aid once#®rreat~le. These conditions and the entire AGREEMENT are binding on tl~ heirs, succesenrs, arty! .assigns of the parties hereto.. 8.1 t? Corrscretuentlal Damages Tq the maximum extent perm(tted by lavt+, Et4t^aIIVEEI~ a~ad ENGiNEER's affiliated corporations. officers, ern yeas, and subcontractors shall nQt i3e tiablrs ~r QwNER`s special, indirect, or con~quential dame~es~ whether such damages. arise cwt of breach of contract:-. prwarran#y, fort ir~iuding rsagl'~anc~t~~id or statutory iiab(1lty, ar any outer cau~ cf awn, to orderto protect ENGINEER against i:ldirec~ l~bil(ty or third-parry pnaceedings, C3WNERwi~l indsmnifyr ENGINEER tar any Gh damages< 6,11 Waiver t~iNi=R waives all ciauns against ENGINEER, incfudirtg those for latent defects, that ,are not brought within 2 years crf substantial camplet(on of the facility des~raed or final payment tta ENGfNEEf~, '+Yhici~ever is earlier 8.1~ Jur(sdictian The substantive taw of the str'ite of the P'Rt}JEGT site shall govern Ilse validity of this itGREENtE'+1T, its interpretation and perfi~manae, and any:. other claims irelated to it. 6.13 Severability and Survival 6.13.1 if any pfthe Previsions cantain+ad irtthis AGREEMENT are held far any° reason to be invplid, llll, or unerrforceatrle, the enforceability of the remaining provisions shall not be irt~palred therel~ 8.'i3.~ Limitations of liability, indernnitFas, and other express representations shall. survive bermirration of this AGREEMENTfQr any cause.. 8.94 Materl~Isand Samples Ar~r items, substances, matenats, yr aal'np(es r~msrved from the PE~CJECT site fortesting, ana3ysi$, or other' evaluatEOn will be retum~;d to then PRt.}JECT site within ~t7 days of PR4.IECT close-taut unless agreed to otherwise. (3WNER recogn(zes and agrees that. .ENGINEER is acting as a ba~flee and at no time assumes title to asaid items, sutrrtanc+~s, rnateria(s, mr samples. B.iS Engineer's fJellvarablos Engineer`s deliverables, including record drawings, are lirnlt~rl to the sealed and signed herd copies. Gc~mputa~ generate+i draw(rfg files furnii~°ted fi~y ENGINEIrR pare GWNER or ethers' cQnvenige. Any gc>nafusiorts ur lnfcrrmation der(ved or a~lned from these 111eS will tae at user's sole risk. 8.18 Dispute Resoiutian The parties rNiti use the(r best et7tsrb to resolve anticataiy -:any dispute, ir~c(uding use of alternative dispute: resolution options. 8,17 C?wnership of Wr,rk Protltact and lnv#lons AI! ofithe work product df the ENGINEER in executing this FRQIECT shall rama(rr the property of ENGINEER. C+WNER shall receive s perpetual, royalty-free, ner~- trartsfe~ble, n~an-exclusive lioanse to use the delivtt~s for the purp~e for wh(ch they wet irttertded. Any inventions, patents, copyrights, connpuer sore, or other Inbeliectual property developed dtuing the course of, or as a result o#, ~e f~F~f~JECT shah remain the property of the ENGINEER. AFtTIGLE 7. ATTAt~IMENTS~ SCf~f1~lUL.ES, Al`lD S1C~ FIATU RIS Th(s AGREEMENT, incfudir~ Its adachmenfs and. schedules, ~Cxlstitut8s the erttirq AGREEMENT supersedes al priorwritten ororal and®rstandirtgs, a may only be changed by a written amendment executed by both parties. The followinc3 attachments artd s~edufes are hereby madea part ctffhis aG~~En~~rlT; Attachment A-Stxape of Serv(cvs Attachment 6--Compansatlon PrSRh13~g Rf"sVIS EP t~G3 tN WETNESS WHEREtJF, the parties ~ex,ecute bekrw For Q'~VNEFt, 'VILLAGE ~t TEQU~STA d~teai Ifinls day of 2Q Signature Signature Name (prii~tedy NarnQ Title Tf~e Eor ENGIwEER, CH2~t1 HILL INC., dated khis c} ~!' dE~+' ~# t`~~t~ 20 ~- Signature t fr~.,/,~~, Signature Name{P~inte~l~ (y~rt~, ~~rr~.~'°s~i-r Idsm~ (printedy Title i rc~r~ aye lE'a't"aEL11,'OB 5 ATTACHMENT A TASK ORDER NO. 1 This attachment is to the AGREEMENT dated April , 2009 between CH2M HILL, INC., ("ENGINEER"), and VILLAGE of TEQUESTA OWNER"), for A. PROJECT generally described as: Provide professional services to evaluate the roof mounted A/C equipment at the Tequesta Constitution Park Recreation Center located at 339 Seabrook Road, Tequesta, Florida. The purpose of this Task Order is as follows: Per the Village request to provide improvements to the Recreation Center. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: TASK A. 1. Visit the site, inspect and review with Village staff the proposed evaluations of the A/C equipment 8~ Entry Door replacement options. 2. Develop a feasibility report of the proposed improvements. a. Report to include the condition of the existing A/C equipment & Entry Door w/ photo documentation & recommendations. TASK B. 1. Provide Additional Services beyond TASK A, as mutually agreed to. ARTICLE 2. COMPENSATION Compensation by owner to ENGINEER will be as follows: TASK A. Evaluation Phase 1. Site Visit ....................................................$ 525.00 2. Evaluation Report ......................................$ 450.00 TOTAL .............................$ 975.00 FORM398D REVISED: 1/06 OTHER PROVISIONS The following provisions shall apply to this Task Order: This Task Order will become a part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, VILLAGE of TEQUESTA dated this day of 20 Name Signature Title Name Signature Title Name For ENGINEER, CH2M HILL INC., dated this day of 20 Name Signature Title Signature Title FORM398D REVISED: 1/06 ATTACHMENT A TASK ORDER NO. 1 A This attachment is to the AGREEMENT dated April , 2009 between CH2M HILL, INC., ("ENGINEER"), and VILLAGE of TEQUESTA OWNER"), for A. PROJECT generally described as: Provide professional services to prepare Design Documents to replace the roof mounted A/C equipment 8~ Entry Door at the Tequesta Constitution Park Recreation Center located at 339 Seabrook Road, Tequesta, Florida. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: TASK A. 1. Prepare Design Documents to replace o the A/C equipment, per Option #2 8~ Entry Door. TASK B. 1. Provide Additional Services beyond TASK A, as mutually agreed to. ARTICLE 2. COMPENSATION Compensation by owner to ENGINEER will be as follows: TASK A. Design Documents 1. Site Visit ..................Arch: 4Hours @ $1751hr.....$ 700.00 Eng: 4Hours @ $150/hr......$ 600.00 2. Design Documents....Arch: 8Hours @ $175/hr.....$1,700.00 Eng: 16 Hours @ $150/hr...$2,400.00 Tech: 32 Hours @ $951hr....$3,049.00 TOTAL ....................................$ 8,449.00 OTHER PROVISIONS The following provisions shall apply to this Task Order: 1. The Village will handle the Permitting, Bidding & Award. 2. The Village will monitor the project during construction. 3. The Engineer will be available as needed per TASK B. FORM398D REVISED: 1/06 This Task Order will become a part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, dated this 20 Name Signature Title Name Signature Title Name For ENGINEER, CH2M HILL INC., dated this day of 20 Title Name VILLAGE of TEQUESTA day of Signature Signature Title FORM398D REVISED: 1/06 ATTACHMENT A TASK ORDER NO. 2 This attachment is to the AGREEMENT dated April , 2009 between CH2M HILL, INC., ("ENGINEER"), and VILLAGE of TEQUESTA OWNER"), for A. PROJECT generally described as: Provide professional services to evaluate Structural integrity of three structures located at 479 Seabrook Road, Tequesta, Florida. The purpose of this Task Order is as follows: Per the Village request to provide an opinion of the condition of the existing structures. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: TASK A. 1. Visit the site & perform a visual inspection of the three residential structures. 2. Prepare a structural evaluation of findings & render an opinion of the condition of the structures. TASK B. 1. Provide Additional Services beyond TASK A, as mutually agreed to. ARTICLE 2. COMPENSATION Compensation by owner to ENGINEER will be as follows: TASK A. Evaluation Phase 1. Site Visit.....4 Hours @ &150/hr .............$ 600.00 2. Evaluation Report...4Hours @ 150/hr.....$ 600.00 TOTAL .......................$ 1,200.00.00 OTHER PROVISIONS The following provisions shall apply to this Task Order: 1: The Village will provide access to the structures. 2. No destructive investigation is included. 3. No environmental evaluation is included. 4. No destructive or non destructive testing is included. FORM398D REVISED: 1/06 This Task Order will become a part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, dated this VILLAGE of TEQUESTA day of 20 Name Name Name Signature Title Signature Title Signature Title For ENGINEER, CH2M HILL INC., dated this day of 20 Name Signature Title FORM398D REVISED: 1106 ATTACHMENT A TASK ORDER NO. 3 This attachment is to the AGREEMENT dated April , 2009 between CH2M HILL, INC., ("ENGINEER"), and VILLAGE of TEQUESTA "OWNER"), for A. PROJECT generally described as: Provide professional services to evaluate the Village Roadways in Tequesta, Florida. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: TASK A. 1. Provide consultant services associated with the physical evaluation of the Village owned & maintained roadways per the April 6, 2009 Proposal. TASK B. 1. Provide Additional Services beyond TASK A, as mutually agreed to. ARTICLE 2. COMPENSATION Compensation by owner to ENGINEER will be as follows: TASK A. Evaluation Phase 1. Evaluation Report ......................................$ $12,500.00 OTHER PROVISIONS The following provisions shall apply to this Task Order: AS noted in the Agreement. FORM398D REVISED: 1/06 This Task Order will become a part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, dated this VILLAGE of TEQUESTA day of ~~ Name Name Name Signature Title Signature Title Signature Title For ENGINEER, CH2M HILL INC., dated this day of 20 Name Signature Title FORM398D REVISED: 1/06 ATTACHMENT A TASK ORDER NO. 4 This attachment is to the AGREEMENT dated April , 2009 between CH2M HILL, INC., ("ENGINEER"), and VILLAGE of TEQUESTA OWNER"), for A. PROJECT generally described as: Provide professional services for Design 8~ Consultant Services for Roof Repairs to the Public Safety Facility located at 357 Tequesta Drive, Tequesta, Florida. The purpose of this Task Order is as follows: Per the Village request to provide design services for roof repairs to the Public Safety Facility. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: TASK A. 1. Visit the site 8~ perform a visual inspection to determine extent of roof damage. 2. Prepare design repair plans. TASK B. 1. Provide Additional Services beyond TASK A, as mutually agreed to. ARTICLE 2. COMPENSATION Compensation by owner to ENGINEER will be as follows: TASK A. Evaluation Phase 1. Site Visit.......2 Hours @ 8175/hr .........................$ 350.00 2. Prepare Repair Documents...4Hours @ 175/hr.....$ 700.00 TOTAL ....................................$ 1,050.00 OTHER PROVISIONS The following provisions shall apply to this Task Order: 1. The Village handle the Bidding & Award. 2. The Village will monitor the project during construction. 3. The Engineer will be available as needed per TASK B. FORM398D REVISED: 1106 This Task Order will become a part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, dated this Name Signature Title Name Signature Title Name Signature For ENGINEER, CH2M HILL INC., dated this day of Name VILLAGE of TEQUESTA day of Signature 20 ~n Title Title FORM398D REVISED: 1/06