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1993-03-02CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACT/ON Page 1 of 5 VOTE 11 AGENDA 11 COUNCIL ACTION 111 YES 11 NO 11 ABSENT 11 A. Call meeting to order on March 2, 1993, 7.00 P.M. B. Invocation offered by Councilman Watford, Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff attendance: Attorney John R. Cook Administrator John R. Drago Clerk Bonnie S. Thomas Deputy Clerk Lane Gamiotea Mayor Kirk called the March 2, 1993 meeting to order at 7:00 p.m. Councilmember Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance. Present Present Present Present Present Present Present Absent Present D. Motion to dispense with reading and approve the Councilmember Entry made a motion to dispense with reading and approve summary of Council Action for the Regular Meeting of the Summary of Council Action for the Regular Meeting of February 16, 1993, February 16, 1993. seconded by Councilmember O'Connor. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X F X March 2, 1993 - Regular Meeting - Page 2 of 5 11 vOTF 11 19 AGENDA COUNCIL ACTION YES NO 11 ABSENT REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA. E. NEW BUSINESS 1. Motion to approve a partial pay request to G.E. French, Inc. for $23,393.66 - City Administrator (Exhibit 1). 2. Motion to approve a partial pay request to Better Roads in the amount of $80,065.68 - City Administrator (Exhibit 2). None. Councilmember Watford made a motion to approve a partial pay request to G.E. French, Inc. for twenty-three thousand three hundred ninety-three dollars, sixty-six cents ($23,393.66) as recommended by Engineer Bill Reese for the 441 and 70 Water Main Relocation Project, seconded by Councilmember Walker. Following brief discussion among Council and Administrator Drago, vote is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Councilmember Walker made a motion to approve a partial pay request to Better Roads in the amount of eighty thousand sW-five dollars, sw-eight cents ($80,065.86) as recommended by Councilmember Walker. Following brief discussion among Council and Director Elders, vote is as follows: KIRK ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. X 20 March 2, 1993 - Regular Meeting - Page 3 of 5 VOTE AGENDA COUNCIL ACTION YES NO ABSENT E. NEW BUSINESS 3. Motion to approve a Continuing Professional Councilmember Watford made a motion to approve a Continuing Professional Services Contract between the City and Reese, Services Contract between the City and Reese, Macon and Associates, Macon and Associates - City Administrator (Exhibit seconded by Councilmember Entry. 3). Council and staff held a lengthy discussion concerning item number six of "Terms of Performance". And items "a, b. and c" of "Scope of Services" in the proposed contract. Vote is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 4. Motion to approve a Continuing Professional Councilmember Entry made a motion to approve a Continuing Professional Services Contract between the City and Knepper and Services Contract between the City and Knepper and Willard, seconded by Willard - City Administrator (Exhibit 4). Councilmember O'Connor. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 5. Discuss site plan reviews - Councilmember Watford. Councilmember Watford stated he asked that "Site Plan Reviews" be put on the agenda for Council discussion due to the conversation at the last Planning and Zoning Board meeting concerning the traffic at the new Checkers fast food restaurant. Administrator Drago provided the Council with copies of the site plan meetings concerning Checkers. March 2, 1993 - Regular Meeting - Page 4 of 5 I VOTE AGENDA COUNCIL ACTION YES NO ABSENT E. NEW BUSINESS 5. Site Plans continued. Councilmember Watford further stated he was not criticizing the business the only problems were the limited parking spaces and trucks parking on Highway 441 North to make deliveries. He also pointed out in the information provided to the Council the parking spaces were discussed and only thirteen are required and fifteen are actually there. However, he did not feel this was adequate enough parking spaces. Continuing further, over the last few days he had noticed the delivery trucks were parking in the parking lot which was an improvement. Councilmember Watford suggested Planning and Development Director Bill Royce look at site plan to avoid parking problems and delivery truck loading problems for future developments. Or could this be addressed in the City's Land Development Regulations (LDR's). He then asked Administrator Drago if the City was making any progress on the LDR's? Administrator Drago answered, yes these things can be addressed in the LDR's and we are making progress on them. Mayor Kirk commented, this is a new business and traffic would probably slack up after the restaurant has been open a while. 6. Discuss the Utility Appraisal - Mayor Kirk. Mayor Kirk brought the Council up to date on the City's Utility System Appraisal for the City and County Utility Authority, stating according to a news article in the February 21, 1993 edition of the Okeechobee News, everything looked like it had come to a complete halt. He spent thirty minutes on the telephone with Commissioner Chairperson Charlie Harvey and felt he was going to present the appraisal to the Commission to vote on at the meeting they have scheduled for Monday, March 8, 1993. Mayor Kirk further stated he and Commissioner Harvey are dedicated to try to put a utility authority together. There have been a few unfortunate obstacles, however, he. felt they are handling this as best as possible and he is confident the City and County will proceed. 21 22 March 2, 1993 - Regular Meeting - Page 5 of 5-VOTE 11 AGENDA COUNCIL ACTION YES NO ABSENT E. NEW BUSINESS 6. Utility Appraisal continued. Councilmembers Watford and O'Connor commended Mayor Kirk for looking out for the City's best interest and all the hard work he, Commissioner Harvey and Jack Coker (Okeechobee Beach Water Association representative) have done. Councilmember Walker commented he thought the working relationship between the two boards (City Council and County Commission) has improved. There being no further items on the agenda, Mayor Kirk adjourned the ADJOURNMENT meeting at 7.45 p.m. Mayor Kirk. NOTICES IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON W H THE APPEAL IS BASED. Ja E. Kirk, MAYOR ATTEST. Bonnie S. Thomas; .CMC, CITY CLERK %Y1 -3 2 3 J-hu(=14-)Lj awcl (Aw hal v MdAp � LUhej �t1-eLlAr1to0e ; CAM nIeL /tom.10,:� u ifl L ff-) om JA) '1./ 111 • CYV ,ld ✓� ��'�rn Orin liq • _ r . 16 A h�p� 4�\ ins • 4) W ------------ . � lLf�nk LLl h�tj0 _-_----- �Ica�te ar, LA_ IR ', , Ay �A2A (gyp �Omir/in1Ox;�,U . - ?ILC o!�Fc . B CITY of �._ OKEECHOBEE ..�. V• m CITY COUNCIL MEETING OR1,0'. OFFICIAL AGENDA A. Call meeting to order on March 2, 1993, at 7:00 p.m.. B. Invocation offered by Councilmember Watford; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James E. Kirk Councilman Danny P. Entry Councilman Mike O'Connor Councilman Jerry E. Walker Councilman Dowling R. Watford, Jr. Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting of February 16, 1993. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA -2- F. NEW BUSINESS 1. Motion to approve a partial pay request to G.E. French Construction, Inc. for $23,393.66 - City Administrator (Exhibit 1) 2. Motion to approve a partial pay request to Better Roads in the amount of $80, 065.68 - City Administrator (Exhibit 2) . 3. Motion to approve a Continuing Professional Services Contract between the City and Reese, Macon and Associates - City Administrator (Exhibit 3) 4. Motion to approve a Continuing Professional Services Contract between the City and Knepper & Willard, Inc. -City Administrator (Exhibit 4) 5. Discuss site plan reviews - Councilmember Watford • 6. Discuss the Utility Appraisal - Mayor Kirk ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IFANY PERSON SHOULD DECIDE TO APPEALANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. 441 at S.R. 70 Water Main Relocation December 15, 1992 0 _.-•.7_ - - _ • -- Li eA -=- -=- =a: s to Su:- Cc-^-e t---• :_.car Da_ s to Cc=z eticn C=:=_: =- Cc-.::z:ion Dace ..__one_ ..o Date (d--vs) New Daze C= __ No. 1 2 t: Daze ..ev. . -- ===a== e(_- e) ...=/•L' vVr.-i.�, �t a -w-�. Bob Birts City of Okeechobee O .- e _ EOUG February 11, 1993 September 15, 1992 October 28, 1992 91 Days 121 Days February 25, 1993 77,935.00 77,871.25 71,440.70 98% Peese, Ma_= a f .fir .� n Z T-7 SL_ne 207-- Palm Beach GF-rae::s (407) £25-60-60 Fa= t: al pa_ µoat Est=...ate 2;0 . 2 S • • 4 t - e a - February 11, 1993 SUTAHARY OF JOB S^r.TUS "Total Work. ComP:e ted S 71,440.70 !iater_als Stored Ons_te S .00 S•,�..o..ci $ 71,440.70 _t Less 2eta_nage (kC%) Less ?revious Payments .- »ount Due This Pe_ _o" S 3,572.04 S 44,475.00 S 23,393.66 .'-.s ai:thcr_=ed _ .^..: hereby centiffy that to the best of .=oa-ec_e an= ba--� _ _s _s a true and c..__ c.. sca.._m___ cf wc=. _per:cr=ed __._ materials s de1-ve=e.i _ T further Cert== t_rat a. a5 g00d 4_t1e f._ all =ater_als de_- ere d -Ce_ t:s payment. est=2uate and there are no v== ^.Cho' _=e_^.o, a.:_ -_= liens, or other =_ens or ==cats to -_e -s and that all p=ev =oL`s pa=t-al pa -. a ._o Contract have been applied to contractor's ob'_=gations reflected _-- _==c= requests and t at hourly ::aces Paid to a._ e^. _ _C_ t::e -�a==OCR. O- ..«_s are -_- e _e� =«at=ca cc nta_ne= - e �h t :aye scale c �e � c0cV-ments . G.E. French Construction, inc. Georcfi E. French - President - February 11, 1993 M.� •- z= .^.. =•----• - �Z i=n, Ir.=. pu-1 - iP.S OPJ � 140. Comnle tsd Cozen ste3 - _ - - - - - •• - Ur. Con'--.-- Th_s C=—=_=-e- ---- ti;.--= Qusr.tl tv U. P=i e Amount ?s t=:.,_ :e _-2 - _- -_ _ �_ „_—•._ - - ? I 600 I I.O.F. 45.00'I 27,000.00 1 =53 i = 5 560.9 0 •25,240.50 50.00 I 11250.00 25 I 53 1 71 0 `. ',=:0.00 8,800 `::os. ' 2.50 22,000.00 =,/Q08 . O 5,008' i:. _•'.',,�:=', _„? 1 Eacill 11800.00 I / 800.00 1 I 0 1 j G 1 / 800.00 • , 6„ 3.v. :;/3.:Y ( 2 h ! 1,785.00 3, 570. 00 2 1 PPP { 0 i 2 0 3,570.00 . p° ?.S.v. ::/ + 3 mach 680.00 (. 2,040.00 I _ j .00 f j 5 ! 0 ° 3,403.00 1 ( L.S. 1 6, 500. QO I 6,500.00 . 00 1 1 '_ 0 6=00.00 I f i 2,450 S.r. 3.50 8,�,5.00 ; .00 2�22 1 2-.5 i 2,824.2 0 ^^" g .70 ! - - '•'-`"-'i' 1 ! L.S. 3, COO. 00 3, 000.00 j . C0 '- 1 0 3, OCO.00 So3 ` 3,OCO S.F. .50 ( _,SQ0.00i .GO C 925.501,8 tii-•1� __ I t ' 2 £ac'Z 350.00 7C0.03 . CO i, C "�:'.00 j I I 77,935.00 -- Kneppertpr t.' -'f: inc. February 24, 1993 John J. Drago City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2934 Re: 1992 Road Improvements, PW-04-00-08-92 K&W Proj. No. 7213-91 Dear Mr. Drago: Enclosed is one (1) copy of Application for Paymmt No. 3, submitted by Better Roads of Lake Placid, Inc. for the referenced project. We have reviewed this pay request and find that it fairly represents the work completed to date. This single copy is forwarded for the purpose of meeting the schedule for the agenda preparation. Additional copies will be forthcoming prior to the Tuesday Council meeting. We recommend that payment be made to the contractor, in the amount of !IO06A If you have any questions, please contact us. Very truly yours, KNE R & WILLARD, INC. Daniel S. Willard, P.E. cc: Chuck Elders 3030 N. Recwe �:vmf :rme .Vest Hillsborough (813) 281-0120 Suite 570 Pinellas (813)821-3291 'crrca. =:crcc FAX (813)281-1156 -- P02 FAX 819 6609 BETTER ROADS LP • 1J vo. eg i c!9 w •.fj-*t"&WjL1ARD vs- - I APP1r.IMON ,M,, P.4 NQ. ree (3 ) To clTy oP mma(OBEE, nonrDA (OWN Comma tar 1942 10 D 1MpRO MFIr•TS 0WNFUR 0.zContra No. P14-04.00-48-42 .lttit3t?i spMcctN'a. 7213-91 For Work ttceomplishad through the cloth of CO .a SOlteduk of WIM Walk Completed ITEM Unit Ptice � QW01fty � A Wnt � $i31tm�.7r � Amount S r 7G•1.ts A. RESURF. EXIST 1W • - S ATTAZW S r-MTO-IAL , /��/�� )C %� c♦ 4n ]i SUBTOTAL D. ?.ZCO.is 1. 1XIST. •1.. • AM� MS r ... . 2, 751.�45 C. b'XN 80AA+7 COUST. qpj A'TTACM PAGZ3 - — SUBTO2."? C. • 137,149.7t: i 'Ibtsl (Orin,. Comma) C.O. No. ...... ......... Actcr,�¢�nying Documzsstatien: GROSS 10UNT DUE ...E .., is RerAiN ................ S S t,166.30 23 222,166.23 22 � 106.23 (ESS ^ tWTT tilpTrr *-•e•ur7v Tnn , •AMOUNT DUE TO aM .........*........ PR rYTOUS PAYMENTS ............ i S 1g9, 496.07 119, 430—.39 ( o Pallas ) LESS AMOUNT DU�3 '.r.tM APPLICATION .... S 80, 065.68 CONTRAMR'S CertifiUdclt: .,2 cett:�,es that: (i) tsu DttrilOUA � payments rc*4ved '*ram 0tiS",�ED on Tha undarsiptd CONTRA �° apace to dischtup in foil au obligations accou91: �r �;.uCX :Iona unaar :2:;; �=:.�w:t rt ft rft:d to a" "v& ,...a betty Of CONTRACTOR iin 3 d in canny :dolt with W0* covered by F� ApOi'�o� for Payment nutr,bercd 1 through Ho. Three Inclusive; (2) tide to ail tiWo:ic, M....atisia and equipment incarpotated in said Work or otherwise !lsted in or covered by this Appliestlott for FlsYrunt Wal pLU to tJWNn at time of paymrnt free and ctr1 of ail liatss. elaictts, sawrity inurtat and enrutub.•aau: s (o%�cePt wcb as are covered by Bond aptnble to O%VNERi nderanifYingOWNMt utat is in accor&n=y such Han, �c* WMith tthe Cot:tt�ty �t f)c=:n u indt Or not t and (3) All Work covered Sy this Appll,, dO f Y Ctrectivt as that It= is dafined in the COMMA Docxt cntL DatOd February 19, 19 93 ns.rer Rewds Q! Lks P c:d. Inc. CONTRA&M- (Authorized Sir3lure) tm CCO+ RiUtQtS P5r'� 7w pgm= 7CM L 70 MTF •• Cn&kx',Yt'r uw Ac=j r Odle m A�Oe= I Qlw�:tii ti�et; D11At�R:CY Rai AOC" IQ.tC.... la�at�rlLA7?ts:�t, -n 6 Tj� tD !~s tia�"�. c�o�c.:arsFst,7 Cars++ t is 7,i S s27a s A, tt�?s 63.2 2, 699.07 63.21 2, 60-3 . to I UrA*k Car. S-I troy &&to= c umvp A,= sY Zt90 I2.aa.w 4, 569. * 12 , 8i'9_,r 4,569.0 11,879.. SX?MsilmttR ft&WiedAv& 8 Too At SWAtOL CW= LOWS" C=tm K 4= I As7',, W CAR 1, 796.82 42.08 1, ?56. c Io I ve A¢!. tom. � 5-1 mw— su ftm Casa 1.677 SY 286 t,•.:�s 1, 7-1. 0 5,1v.12 1,792.0 5,1.?5. I it>ff. it»Asa.:�s8 Aodtt* ao Erasr. 7 Txw M7WAspit cow- ladng Cauca ta7► v1 C.70 6,7aa.rc 0 0 174.2 7.433.34 174.2 7,438.231 10 t vrA.pe. Coe. iV02 3.1 &AM& sr.-tm. C.ax-.o A.M rY 2." - lgeot.oc 0 0 4,189-0 10, 891.40 4,189.0 10, 891.4 m IM Ma Aia.bwmmcb od Imp vo t tip` AMP& Cow- 7w. $-I MAUL surta= C=rm ;st: ZY 2.62 71 8.sa 2. 894,. p 7, 52<i.40 2,894.0 p 7,524.40 sr-msl.bmmwsaaata-a@dXftA ik. r w I tw AmOL Oan rfm S-1 luoa surfs C Cocas' sv► 21-90 2129.4C 833.0 2,165.80 833.0 2,165. 80 b s.LMD IMSL&Udu&CL to 1 IW AvOL torte. TO* 5-1 UkXL S -a= Cawm 3„s A Str 2.60 3,895.0 10,127. OD 3,895.0 10,127.00 Slot. ISdtSI. suarwsed Ate. ass 2� Area. t0 I VC Ali G1N= Iypn 3-t WA S ff= Causr 740 SY 2-6G 1.924.00 813.0 2,113. 80 AAAAiCritt j S st.E�.o�car �. 3;��•�': 2.8, 329.74 ITEM 'A" TOTAL _ 43l. 4•� 1,8, 324. 74 161,751.15 ! RA G2 1 WAS s W- tiirtc=re=-,d&: z, (1--, i �� 'b'T�t'�iL'iP�TiiFr� it^ ZEFS 12' alugm ww" %Esc "i • u?=ia mmm" f W tack 7 ur #%w ftm Tips &I a"We =mw Mom of WON; PON"= sits F=pcc* wEstlsm& Gm*v SUNcar.acWI$Ll=kb FAC=S:c..l r c-= zp trs�sas�e��s�msrae�s� i Vl7ad 8ss iiGrlt� Q,8t11',X:} iiamorii Ct r, Igo Pftmmw t Cat Mama I= PE!<SA TOM TO DATE u r AMCUW Ci Illy INAiN'i' ANKX$ As= rliC" Z= sy i ma 2AMOO s,3s0 By Z.a toXI.oa =R* SY 3,W 17,492a00 4,918 sy 2.60 =z-saso 4,056 _sr OAS Z%BSI Q _9,3s7_ BY_— _ t.aa _ 5=:0 242 SY 1.00 2A&CO = sr 2.04 7 3.7% so sy Z40 1.217= 7lii► sy Z 6 2.248.i4 10, 9i 4.0 5, ?40.00 - 10, 92 4. oc 4, Bus. t2,185.2A 4,856.0 2,125 - 20 379.0 773.16' 379.0 773.16 c 358-0 11 21 -20 358.0 1,217.20 759-0 2,246.64 759.0 2,246.64 145.0 65.25 r 145.0 65.25 ,o c PAGE St B=AL ss41=785 I ,� so i1E'sf "B' TOTALs sscz7 ast 22, 751.95 - 2, 751.45 PAG E 2 CCKWAVII CUAW Ir ITT Pam C ilt i ?AD C C7m t�?NA4s.b�erwssa'►s�SD- 8ilr SY Z S'twjmrtmr.iCrjs./aftfi c 09 ,10rawAftAcit I=D 3y s s •.tr aw am ulm"f LM IOCry Z700 sir a ti •.u' J1.po, mea. 7yp• st Cocsra Z,Qt t sir x�ysA�.�era.p.btn.ac�� 3 am Asa Sttbgrads t."} sG? 3!' 2 �aWmr GL L COM)L/mo Ica t Gars t MLC= 300 SV i 4 vrsm ra= Sj`d1 #M l `Wj 771 SY 8 ! ut MOL Cur- TWO -I meter a COMO 915 SY i Kr2�dAvs�bMlNfs�lOad'.:bii t Sig SAMa SL*7adr ttM. 4q t.u8 SY 2 MmuWw at. SC=gip.IUoAAwWa*mrGmw4&Att.C+ f 918 SY t i ill'sim &uw& iG wamis% t,ti..4 SY 8 t Ur ASOL OWCL TOs &I 9tmae Caress t.70 SY M IM Sil W Aara.4W OMr Ns3d 1 9sa Shost:a Subgraw %33 40,6 249 SY 9�eidsr GL d CAa,;; t 9r Fw=QG sea l Gmr4 i wc:l 203 SY i tilt aw 8w M=am (M se" = SY 1 trC Aspic, t.ai = Tym $.1 9 WOM Co =o 213 SY 1 PAGE SUBMAL CL76 1.18 228 2.73 0.56 1.00 -.40 Zt30 2 �6 268 S.oa 2.60 t;6ot9c t,szaro 633= 460.20 2.780.1% t 1a6.6d 91a.,4J «s.00 SWAS Sta.04 t.•.6d.40 smec s 4a.tr , .ST 2,607.65 1,512.44 r 0 0 2, 565.:- 11, 28G--X 2, 620. 0 8,384.00 779.3 592.27 774-50 2,772.71 829.0 2,279.75 1,822.80 2,057.22_ t 1,740.30 5,917.00. 1,807.0 4,698.2C 1 248.0 _ SW-48 Z3C.O 1,168-40 38,499. 2, 252.6.3 r 13M To "IM CWI70Y ANC7= a 2,607.65 1,512.4", 0 0 q 2,565.0 11,286.0J 2,620.0 6, 3AC, . 0) 779.30 592.2: 774.5D 2,772.71 829.0 2,279.75 1,822-80 1,057.22 1,740.3 5,917-02 1,807.0 4,698.2G 248.0 560.48 23O.0 1,168.40 40, 762. 29 PAGE 3 CQUMCT CUAK �/, ��.��y 7 VAIr1' ASOLIXT RE763LlOwssCbmAdMACL t 88s . Sm sworafa G.M 4m sm SY 1 ft. f Coee,-p. !Sir Rasoarsz?.,n / t 8utca� 4Ea St 4 Gvr3L2Mam Mato" (L&:Im so SY 8 1 u4• Ampk Cw c. Tom S-1 Scatwv Comm No SY XLMbSLbs 8M Wm9M W L t t as sbb':= SLR u=ws fUMAq t.tas 5Y Z ShocArw Or. s Cat. t Sib Aser.,mMn:%J tie ss a liUck mm sr 4 61rrShwR=o QWxmm 1 (L2R 1CC) Iysa SY 8 1 ?AC- Asph Clone. Too 3-1 &vivo Ceases ON S f * 4ftAtv&bmM t d*mdT SL t 9mC g &&Qrsg* %= Aq 90 SY � 3boe4dar tat: _ Coeds sr Rs�o:t t t�sss 3 L� !�S b1t 6 tw s m e.ab womid tLm tcq !a7 ssr 8 I UC-A'p lL C w= TXO 84- &Wbm C a--* a" SY SE7aAtis.issares�/Aa.dtA.ISe�oPi�. 1 9bs mewsmovitoompw smwtrA Sa v.=* i.3R 4q z.2S.. SY 2 Sbouids 0: a Coup! 8tts Fjm=cmion / Gm= i MAch 1.61 sy 4 t t al sba sme AAMWid (LOR i ami 3.155 31r ti I ur AsptL amm Type 3.1 SuMM cm" 3.C3 SY a95.:C 519.36 I.�00 4tbQaC 3,W Z87' AD 855.3 2,903.02 260 =*A* 827. 0 2,150.20 o � 82aae 1.0y2. r y 627.79 t� �aao a,io =s.ar 1, 033.n 3,514.92 2.6e {t f 2rsrt.so 985.0 2,562.0 os>! 8QA4 9;3.0 549-EA t.iDC 4�� sea sa�sw Z O 2149.00 30279.0 0.82 Z,ot:.Ss 1.04 1,7AB.2A 2AO 7.M.:o }: 1 142.279= 2,032.98 T07AL TO DAME, CYMRrer 1 AM= 895.10 519.11 1 855.3 2,908.02 ,- 827.0 2,150.20 L, CB2.40 627.79 n 1,033.80 3,514.92 985.0 2,561.00 948.0 c 549.84 � '; x 907_0 3,G83.80 907.0 3,083.80 865.0 2,249_00 865.0 2,249.00 3,279_0 2►032.98 3,155.0 10453.20 3,155.0 14,863.93 i8.1a6.m. e 10, 853.20 31,049.91 PAGE 4 nm i - - - =4 ILIL 21dIL lswoess 1tftmad = Aw 1 me mat—"= Wow--Ja, AM m I.*" Sly Q i cCqp./ We Fioaota}fott J ta'tlt:► i &kift ,w S Ire Mw am* UWaid (LER tt� 1.M Ca : 8 1 Ur AsgL yj= &-t SudAM Coue� 1.=s sir } sw.3rss�.a�oi.o.R sas.ae i� a..� t Jr praprieseftTrl�c�..c�apzG S.'�t`=� Suogciee� C8A .rc'3 . Z.� S'r t x 735 sr 4 4 ur sm Bast &Aa KW {'.SR lam t .4C2 SY 0 1 Ur Aapk C= TYM 8-1 SWM= C=C= 1.341 sY s WE 140=bgmmma►W4711Am I =0 pwpsmovm=mwm i0"` • Su (Left 4q :."a sY ? 9 as $Y s IAA st► a / Vr Avpt►, CW= TYFx s-i surtC C"W" r 1.420L sir KBE �eeS;.Amos�effA��ntZOat/lra. ! 2 SAas: wGr i C=:CL/tea RM=r=*U) Criss & Wtft gas sr 4 s ur Srd BossAdsarial (LOR 1C9} ?A= sY 9 1 V4- ASOL Cam T 90 S: SAWO Cauns t "I SY PAGE SUBTMAL uwT /pIC'c a.ZC as9L" 11136.10 653.94 t�fT 4QS.i� sea 3.4s' m 1,085.1.0 3,689-34 2A* 2.Mw 1,095.0 2, 647.00 II.Co MCC 3A0 4.7" o 2M 2.4=0 j t�T.Bt iZs.Gt s,trn�a 3.?T2.4C s4c.a� 41rm.60 $ 40.42LU 11652.0 1,074.11 q A M 1, 452.0 1,402-0 1,341.0 i L-4 4.0 1, 603.0 1,731.0 IMOI. TO DATE atvag,TJf AE= 1,136-10 658.t 1, 085.10 y 3, 689 - 3 1,095.0 2, 847. tx v 1,462.0 847.9£ 4,766.80'� 1,402.0 4,766.30 3, 486. 60 ' 1, 34 - 0 3,486.60 897. a4 1, 548.0 897. 84 1 5,0?9.6J 1,494.0 5,a79.60 < 3,702.40 1,424.0 3,702.40 1,852.0 1,074.16 6,130.20 I,803.0 6,130.20 = 4,500.6✓ ( 1,731.0 4,500.60 PAG- 5 -•�- 1L.ilX.*i5tb@WaaM=6lgh tr� Sitiae�awts: leanµ ss. R�oa�Cas�t luo�nea sae $f i tir am now AMMUM (. R lam sy 1 W Aq3tL Cy IVP3 S-S SWt&= COW= 1.741 SY N.w INiAso.l@WmwWhsmd l9. aft Plop no Sv SbX*I r Gr. i CaitIp. I9r t I ! am= a A&fti � 463 SY a 1=swaww"Mold 4um l,o::� I% sir t VC AmpIL Coat To* * Sol 9csiam r asm at7 SY K.X 7m stsraw= NIL- d ImAAw St*Pj"v3=g 1,S1e Sir 3tAvi*wGr.: c.aof$L/Sft a- 91 "I' 1 a.-aw & lam m BY a lrr saw $ . apt oq l A" sY I VC A" Qw=7ypo8-t sumacs Cow= s,t�s 37 PAW SUBMAL frM "Co MTAL I A800D AMMM ANCUtiZ .�......, ..SWAM wWA6 gu sAiL -- ---^ � .M...�■WASH i — a= t.OKAV 1,842.10 1,063.42 1,842.10 1,068.42 :.�o a34.ac It 3AO B.ImAlo 1, 759.60 5,982.64 1,759.60 5,982.64 239 AXUA 1, 756.0 4,646.56 1,756.o 4, 646.56 C N ass 951.8O 618.b7 tt 951.80 618.67 Oc tAr =751 i 3`47 2JZ425 912.60 3,166.72 912.60 3,166.72 273 2=.75 877.0 2,411.75 # 877.0 f 2,411.75 asa 1, 48a. 8G 853.85 1,480.80 a 858.86 1.00 71MM 240 j.MAO 3,414.10 4,807.94 1,414.10 4,£G7.94 2.70 S,Swo 1, 435. 00 3, 874. 50 1,43�.a 3, 87. ;.so SM407 M i 63-S.05 27,636.06. ;► IS$207.40 1891,269 .02 _ I :'r,88C.6£ 0 137,149.7C PAGE 6 u CONTIN7J UING PROFESSIONAL SERVICES CONTRACT • This agreement is between the City of Okeechobee, a Municipal Corporation, hereinafter referred to as the CITY and Reese, Macon and Associates, A Professional Engineering Firm, hereinafter referred to as the ENGINEER. A. SCOPE OF SERVICES 1. The following specific tasks will be performed by the ENGINEER. a. General consultant and professional engineering services related to water planning, design, construction, operation and administration. Professional engineering services include, but not limited to, reports, planning, evaluations, appraisals, preliminary engineering studies, permit documents, sketches, design, meetings, services during construction, on -site construction observation, surveying, and other supplementary services and continuing general consulting services. b. General consultant and professional engineering services related to wastewater projects prepared by other City consultants or developers. C. Any other lawful professional engineering or consulting services which the ENGINEER is qualified to provide and which the CITY authorizes the ENGINEER to undertake. B. TERMS OF PERFORMANCE It is further mutually agreed by both parties hereto that. 1. The CITY does not guarantee any minimum amount of work. 2. The CITY and the ENGINEER will mutually agree upon reasonable time frames for the completion of all work performed under this agreement 3. The CITY shag make available to the ENGINEER all technical data in the CITY'S possession, including previous studies, analytical data, maps, surveys, borings, and other information required by the ENGINEER and relating to his work. 4. Construction cost estimates are developed from knowledge of market conditions and based on the experience of the ENGINEER. However, the ENGINEER exercises no control over the competitive bidding process and, therefore, makes no guarantee of the accuracy of the estimate when compared to previous estimates or actual bids. 1 5. If any engineering services covered by this Agreement to be carried out by the ENGINEER shall be suspended, abated, or abandoned at the direction of the CITY for reasons unrelated to any specific provision in this Agreement, the CITY shall pay the ENGINEER for the services actually rendered for such suspended, abated, or abandoned work, and any reasonable additional costs incurred in an orderly closing of its activities, with the payment to be based on the fees as established in this Agreement. The drawings, specifications, calculations, supporting documents, or other work products for any projects will become the property of the CITY. The ENGINEER may keep copies or samples thereof and shall have the right to use such drawings, specifications, calculations, supporting documents, or other documents. The CITY agrees to indemnify and hold harmless the ENGINEER from any liability, claim, damages, costs, including attomey's fees and other expenses resulting from the CITY's reuse of any such document other than as initially intended. 7. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The ENGINEER or CITY may suspend its performance on any assignment as a result of a force majeure without being in default of this Agreement, but, upon the removal of such force majeure, the ENGINEER or CITY shall resume its performance as soon as is reasonably possible. The CITY shall pay the actual costs of the ENGINEER'S remobilization of the latter's personnel. C. COMPENSATION As compensation for providing the services enumerated in Article A, the CITY shall pay the ENGINEER'S fees based on one of the following methods as requested by the CITY: 1. Lumn Sum Method The CITY shall pay the ENGINEER an agreed upon lump sum amount which includes all of the ENGINEER'S hourly rates, reimbursable expenses, and direct project expenses. 2. Standard Hourly Rate Method The CITY shall pay the ENGINEER the agreed upon hourly rates for time actually spent on the work covered by this agreement; plus; 2 a. Reimbursable Expenses The ENGINEER'S out-of-pocket expenses including, but not limited to, living expenses of the ENGINEER'S employees, when they are away from their home office when engaged in work under this agreement, long distance telephone; and postage charges will be charged at the actual cost Plus; b. Direct Protect Expenses Charges for printing, reproductions, and the use of the ENGINEER'S and employee's automobiles will be charged in accordance with the ENGINEER'S standard rates. D. RATE SCHEDULE The ENGINEER agrees that the rates stipulated in Exhibit A (attached hereto) shall remain in effect for 12 months from the execution of this agreement. The ENGINEER shall have the right to ask for an increase in rates within 30 days of the anniversary date of this agreement. Failure to request any rate increase as stated above will result in the ENGINEER honoring his rates as stipulated in Exhibit A for another 12 months. If mutual agreement on increased rates cannot be reached, either party shall have the right to terminate this agreement as set forth herein. E. SUBCONSULTANTS The services of subconsultants, whose expertise is required within the scope of the ENGINEER'S work and/or who are retained by the ENGINEER as a convenience to the CITY, will be charged at the actual cost of such services to the ENGINEER plus 5% for administrative handling. The use of any subconsultants must be approved by the CITY before such subconsultants are retained by the ENGINEER. F. INSURANCE 1. General Usbillty Insurance The ENGINEER will purchase and maintain such liability insurance as will protect it from claims under Workers' Compensation laws, disability benefit laws, or other similar employee benefit laws from claims for damages because of bodily injury, occupational sickness or disease, or death of its employee; claims for damages because of bodily injury, sickness or K disease, or death of any person other than its employees, including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of personal property, including loss of use resulting therefrom, any or all of which may arise out of or result from the ENGINEER'S direct operations under this Agreement. The General Liability limits of liability which must be carried by the ENGINEER shall not be less than $1, 000, 000.00 per occurrence and $1, 000, 000.00 aggregate. This insurance shall contain a provision that the coverage afforded under the policy(ies) will not be canceled, until at least thirty (30) days prior written notice have been given to the ENGINEER and CITY. The CITY shall be named ordesignated as an additional insured on all automobile and general liability policies purchased by the ENGINEER for the purposes of covering claims arising out of the work or services to be provided by the ENGINEER in accordance with the provisions of this Agreement. Z Professional Usbillty Insurance During the term of this Agreement, the ENGINEER will carry Errors and Omission insurance which will cover liability for any damage on account of any error, omission, or other provable negligence caused wholly by the ENGINEER. The amount of insurance shall not be less than $1,000,000.00 per occurrence and aggregate. The CITY may require a higher limit as mutually agreed to with the ENGINEER for a specific project. This insurance shall contain a provision that the coverage afforded under the policy fts) will not be canceled until at least thirty (30) days prior written notice has been given to the ENGINEER and CITY. G. TERMS OF PAYMENT 1. Monthly Invokes The ENGINEER shall submit invoices once each month to CITY for the services performed and the expenses and other charges accounted for under this Agreement during the preceding month. Separate invoices shall be submitted for each project Payment as prescribed in Article C for services rendered by the ENGINEER during the previous billing period shall be due and payable within forty-five (45) days of receipt of billing. Z. Late Payment In the event payment for services rendered has not been made within sbdy (60) days from the date of invoicing, then the ENGINEER may, at his option suspend all work on all authorized projects. Upon receipt of payment for services, the ENGINEER will continue with authorized services. 4 H. ASSIGNABILITY The ENGINEER shall not assign or transfer any interest in this Agreement. I. REMEDIES All claims, counter -claims, disputes, and other matters in question between the ENGINEER and the CITY will be first reviewed by authorized representatives of both parties for a recommended solution. If no solution or resolution is forthcoming, such disputes will be decided by a court of competent jurisdiction convened in Okeechobee County. This Agreement shall be governed by the laws of the State of Florida. J. INDEMNIFICATION The ENGINEER will indemnify, save, and hold harmless the CITY and its agents and employees from and against all claims, damages, losses, and expense, including attorney's fees, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement which is proximately caused by any negligent act or omission of the ENGINEER or anyone directly employed by it or anyone for whose acts it may be liable to the limits and conditions as set forth in the ENGINEER'S professional liability insurance policy. IG CERTIFICATIONS The ENGINEER covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any project to which this Agreement or any related Work Order pertains or any other interest which would conflict in any manner or degree with its performance of any contracted service hereunder. The ENGINEER further covenants that in the performance of this Agreement no person having such interest shall be employed. The ENGINEER shall comply with the applicable requirements of Federal, State or local laws and all Codes and Ordinances of the City of Okeechobee as amended from time to time. The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, gift, or other consideration contingent upon 5 or resulting from the award or making of this agreement. For the breach or violation of this provision,, the C,'T/ :i;ail rave the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full �amount of such fee, commission, percentage, gift, or consideration. The ENGINEER shall maintain all professional licenses during the term of this Agreement. The ENGINEER will notify C/TY immediately if any professional license has expired, revoked, suspended or changed. L TERMINATION The C17Y or the ENGINEER may terminate this Agreement for any reason by giving at least thirty (30) days written notice to the other party of their intent to terminate /n the event the Agreement is terminated by the CITY for reasons unrelated to the quality of work, agreement on increases of rates, not maintaining the required insurance coverage, not maintaining the required professional licenses, creating conflict of interest as enumerated in Article K assigning the agreement or overcharging; the C17 Yshall fbrthwith pay the ENGINEER in full for all work previously authorized and actually performed prior to the Notice of Termination and actual costs incurred by the ENGINEER in orderly closing its activities. This payment shall be the sole financial obligation or responsibility of the CITY for compensation hereunder in the event of termination by either party in accordance with the provisions of this paragraph. This Agreement shall continue in effect until a Notice of Termination is given by either party as set forth above. Upon termination, the ENGINEER shall turn over to time CITY all deliverables completed or partially completed up to the date of termination. The CRYsha/l indemnify and hold harmless the ENGINEER from any liabilities resulting from the use of the above -referenced deliverables without the prior written approval of the ENGINEER. M. VAUDiTY SEVERABIUTYAND REFORMATION The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and be governed by the laws of the State of Florida. Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Pi N. ENTIRE AGREEMENT This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year entered by the last party executing this Agreement as written below. DATE DATE CITY OF OKEECHOBEE JAMES E. KIRK MAYOR REESE, MACON AND ASSOCIATES WILLIAM D. REESE PRESIDENT 7 EXHIBIT "A" REESE, MACON AND ASSOCIATES, INC. HOURLY RATES CATEGORY HOURLY RATE Project Manager $65.00 Senior Engineer $60.00 Engineer/Sr. Technician $52.50 Designer $45.00 DraRsman $37.50 Technician $35.00 Secretary $25.00 STANDARD PROJECT EXPENSE RATE SCHEDULE Photocopies $ .20/page Printing and Blueprinting $1.25/sheet Travel -Automobile .30/mile Travel -Other than Automobile Actual Cost E. CONTINUING PROFESSIONAL SERVICES CONTRACT This agreement is between the City of Okeechobee, a Municipal Corporation, hereinafter referred to as the CITY and Knepper & Willard, Inc., A Professional Engineering Finn, hereinafter referred to as the ENGINEER. A. SCOPE OF SERVICES B. 1. The following specific tasks will be performed by the ENGINEER. a. General consultant and professional engineering services related to wastewater planning, design, construction, operation and administration. Professional engineering services include, but not limited to, reports, planning, evaluations, appraisals, preliminary engineering studies, permit documents, sketches, design, meetings, services during construction, on -site construction observation, surveying, and other supplementary services and continuing general consulting services. b. General consultant and professional engineering services related to water projects prepared by other City consultants or developers. C. Any other lawful professional engineering or consulting services which the ENGINEER is qualified to provide and which the C17Y authorizes the ENGINEER to undertake. TERMS OF PERFORMANCE It is further mutually agreed by both parties hereto that: 1. The CITY does not guarantee any minimum amount of work. 2. The C17Y and the ENGINEER will mutually agree upon reasonable time frames for the completion of all work performed under this agreement. 3. The CITY shall make available to the ENGINEER all technical data in the CITrS possession, including previous studies, analytical data, maps, surveys, borings, and other information required by the ENGINEER and relating to his work. 4. Construction cost estimates are developed from knowledge of market conditions and based on the experience of the ENGINEER. However, the 0 • ENGINEER exercises no control over the competitive bidding process and, therefore, makes no guarantee of the accuracy of the estimate when compared to previous estimates or actual bids. 5. If any engineering services covered by this Agreement to be carried out by the ENGINEER shall be suspended, abated, or abandoned at the direction of the CITY for reasons unrelated to any specific provision in this Agreement, the C17 Y shall pay the ENGINEER for the services actually rendered for such suspended, abated, or abandoned work, and any reasonable additional costs incurred in an orderly closing of its activities, with the payment to be based on the fees as established in this Agreement. 6. The drawings, specifications, calculations, supporting documents, or other work products for any projects will become the property of the CITY. The ENGINEER may keep copies or samples thereof and shall have the right to use such drawings, specifications, calculations, supporting documents, or other documents. The CITY agrees to indemnify and hold harmless the ENGINEER from any liability, claim, damages, costs, including attorney's fees and other expenses resulting from the C17Y's reuse of any such document other than as initially intended. 7. Neither party hereto shall be liable for its failure to perform hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots, national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws, ordinances, rules, or regulations. The ENGINEER or CITY may suspend its performance on any assignment as a result of a force majeure without being in default of this Agreement; but; upon the removal of such force majeure, the ENGINEER or CITY shall resume its performance as soon as is reasonably possible. The WYshall pay the actual costs of the ENGINEER'S remobilization of the latter's personnel. C. COMPENSATION As compensation for providing the services enumerated in Article A, the CITY shall pay the ENGINEER'S fees based on one of the following methods as requested by the CITY: 1. Lump Sum Method The CITY shall pay the ENGINEER an agreed upon lump sum amount which includes all of the ENGINEER'S hourly rates, reimbursable expenses, and direct project expenses. 2 2. Standard Hourly Rate Method The CITY shall pay the ENGINEER the agreed upon hourly rates for time actually spent on the work covered by this agreement, plus; a. Reimbursable Expenses The ENGINEER'S out-of-pocket expenses including, but not limited to, living expenses of the ENGINEER'S employees, when they are away from their home office when engaged in work under this agreement, long distance telephone; and postage charges will be charged at the actual cost Plus; b. Direct Prolect Expenses Charges for printing, reproductions, and the use of the ENGINEER'S and employee's automobiles will be charged in accordance with the ENGINEER'S standard rates. D. RATE SCHEDULE The ENGINEER agrees that the rates stipulated in Exhibit A (attached hereto) shall remain in effect for 12 months from the execution of this agreement. The ENGINEER shall have the right to ask for an increase in rates within 30 days of the anniversary date of this agreement Failure to request any rate increase as stated above will result in the ENGINEER honoring his rates as stipulated in Exhibit A for another 12 months. If mutual agreement on increased rates cannot be reached, either party shall have the right to terminate this agreement as set forth herein. E. SUBCONSULTANTS The services of subconsu/tartts, whose expertise is required within the scope of the ENGINEER'S work and/or who are retained by the ENGINEER as a convenience to the CITY, will be charged at the actual cost of such services to the ENGINEER plus 5% for administrative handling. The use of any subconsultants must be approved by the CI7Y before such subconsultants are retained by the ENGINEER. 3 F. G. INSURANCE 1. Fa • General Liability Insurance The ENGINEER will purchase and maintain such liability insurance as will protect it from claims under Workers' Compensation laws, disability benefit laws, or other similar employee benefit laws from claims for damages because of bodily injury, occupational sickness or disease, or death of its employee; claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees, including claims insured by usual personal Injury liability coverage; and from claims for injury to or destruction of personal property, including loss of use resulting therefrom, any or all of which may arise out of or result from the ENGINEER'S direct operations under this Agreement. The General Liability limits of liability which must be carried by the ENGINEER shall not be less than $1,000,000.00 per occurrence and $1,000,000.00 aggregate. This insurance shall contain a provision that the coverage afforded under the policy(les) will not be canceled, until at least thirty (30) days prior written notice have been given to the ENGINEER and CITY. Professional Llability Insurance During the term of this Agreement, the ENGINEER will carry Errors and Omission insurance which will cover liability for any damage on account of any error, omission, or other provable negligence caused wholly by the ENGINEER. The amount of insurance shall not be less than $1,000,000.00 per occurrence and aggregate. The CITY may require a higher limit as mutually agreed to with the ENGINEER fora speck project. This insurance shall contain a prevision that the coverage afforded under the polky(les) will not be canceled until at least thirty (30) days prior written notice has been given to the ENGINEER and CITY. TERMS OF PAYMENT 1. Monthly Invoices The ENGINEER shall submit invoices once each month to CITY for the services performed and the expenses and other charges accounted for under this Agreement during the preceding month. Separate invoices shall be submitted for each project. Payment as prescribed in Article C for services rendered by the ENGINEER during the previous billing period shall be due and payable within forty-five (45) days of receipt of billing. n U Z Late Pavment In the event payment for services rendered has not been made within sixty (60) days from the date of invoicing, then the ENGINEER may, at his option suspend all work on all authorized projects. Upon receipt of payment for services, the ENGINEER will continue with authorized services. H. ASSIGNABILITY The ENGINEER shall not assign or transfer any interest in this Agreement. L REMEDIES All claims, counter -claims, disputes, and other matters in question between the ENGINEER and the CITY will be first reviewed by authorized representatives of both parties for a recommended solution. If no solution or resolution is forthcoming, such disputes will be decided by a court of competent jurisdiction convened in Okeechobee County. This Agreement shall be governed by the laws of the State of Florida. J. INDEMNIFICATION The ENGINEER will indemnify, save, and hold harmless the CITY and its agents and employees from and against all claims, damages, losses, and expense, including attorney's fees, arising out of or resulting from the performance or nonperformance of the work or services provided within the scope of this Agreement which is proximately caused by any negligent act or omission of the ENGINEER or anyone directly employed by it or anyone for whose acts it may be liable to the limits and conditions as set forth in the ENGINEER'S professional liability insurance policy. K CERTIFICATIONS The ENGINEER covenants that it presently has no interest and shall not acquire any interest; direct or indirect, in any project to which this Agreement or any related Work Order pertains or any other interest which would conflict in any manner or degree with its performance of any contracted service hereunder. The ENGINEER further covenants that in the performance of this Agreement no person having such interest shall be employed. The ENGINEER shall comply with the applicable requirements of Federal, State or local laws and all Codes and Ordinances of the City of Okeechobee as amended from time to time. 5 The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, gift, or otherconsideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. The ENGINEER shall maintain all professional licenses during the term of this Agreement. The ENGINEER will notify CiTY immediately if any professional license has expired, revoked, suspended or changed. L TERMINATION The CITY or the ENGINEER may terminate this Agreement for any reason by giving at least thirty (30) days written notice to the other party of their intent to terminate. In the event the Agreement is terminated by the CITY for reasons unrelated to the quality of work, agreement on increases of rates, not maintaining the required insurance coverage, not maintaining the required professional licenses, creating conflict of interest as enumerated in Article K assigning the agreement or overcharging; the CiTY shall forthwith pay the ENGINEER in full for all work previously authorized and actually performed prior to the Notice of Termination and actual costs incurred by the ENGINEER in orderly closing its activities. This payment shall be the sole financial obligation or responsibility of the CITY for compensation hereunder in the event of termination by either party in accordance with the provisions of this paragraph. This Agreement shall continue in effect until a Notice of Termination is given by either party asset forth above. Upon termination, the ENGINEER shall tum over to the CiTY all deliverables completed or partially completed up to the date of termination. The CITY shall indemnify and hold harmless the ENGINEER from any liabilities resulting from the use of the above -referenced deliverables without the prior written approval of the ENGINEER. M. VALIDITY SEVERABILITYAND REFORMATION The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and be governed by the laws of the State of Florida. Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. N. ENTIRE AGREEMENT This Agreement, including the exhibits hereto, constitutes the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year entered by the last party executing this Agreement as written below. DATE DATE CITY OF OKEECHOBEE JAMES E. KIRK MAYOR KNEPPER & WILLARD, INC. DANIEL S. WILLARD PRESIDENT 7 EXHIBIT "A', KNEPPER & WILLARD, INC. HOURLY RATES CATEGORY HOURLY RATE Principal Engineer $85.00 Senior Engineer $60.00 Engineer $45.00 Design Supervisor $50.00 Sr. Engineering Technician $45.00 Engineering Technician $35.00 Drafter $30.00 Secretary/Clerical $25.00 STANDARD PROJECT EXPENSE RATE SCHEDULE Photocopies $ .20/page Printing and Blueprinting $1.25/sheet Travel -Automobile .30/mile Travel -Other than Automobile Actual Cost 8 O raF.. �cy CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and Council DATE: March z 1993 THRU: SUBJECT: Agenda Item 5 THRU: FROM: John J. Drago, City AdministratorQ Agenda Item No. 5 was requested by Councilmember Watford. One of Mr. Watford's concerns was with the number of parking spaces for Checkers. I asked for copies of the Site Plan Meetings for Checkers. Both minutes are attached. The issue of Parking spaces were discussed at both meetings. "Ok6e'chobee—Plan—Dept SL Pd?ll6 T —'2 7 F, � i1 .r 02 971 1429 P.01 OKEECHOBEE COUNTY/CITY SITE PLAN MEETING December 2, 1992 CHECKFRSIOKEECHOBEE Members Present: Martin O'Shea, Building & Zoning Administrator Let. Douglas, City Fire Department Ben Loftin, City -Public Utilities Chuck Elders, Director of Public Works Jim Threewitts, Program Coordinator *#�h*�k�F+k�krtM�rt+K�FiYrkA�44i►'�k*�k1�A�*�Iegt�t+kMrMA�rt�k*#4###�►#�k�M*�k�k+krtM��k�k�k+kdcM#i#M�4�M.FMcikMcM+NM��Y�Y�M�k*#�k�k�k Mr. O'Shea requested a certified survey with the correct property lines showing. Mr. O'Shea reviewed the amount parking on the plans. Mr. O'Shea stated the parking submitted was in the ratio of the city requirements. (One space for every three seats and one space for every two employees.) The number of spaces submitted was 15 and the number required would be 13. Mr. Elders stated that he greatly approved of the plans submitted. Checkers requested an opening in order to utilize the alleyway between Checkers property and the bank property. Mr. Elders noted they must go before the City Council to vacate the alley and the alley would have to be paved. Mr. Threewitts said if Checkers is granted approval from the City Council the alley would need to be an exit only, if the Council did not approve the vacating of the alley then the exit would have to closed. The site plan review committee would also need proof of South Florida Water Management (SFWMD) exemption and copies of the Florida Department of Transportation (FDOT) permits on Highway 70 and Highway 441. Mr. Elders agreed with the 24 hour/25 day flood water calculation but requested that the calculation be resubmitted with the FDOT right-of-way taken off of the plans since Checkers has been notified of the road improvements by FDOT. Need the calculation on the pervious and retention grounds. Mr. Loftin agreed with the grease traps but stated that they needed to provide a curb around the drain and to include a canopy over the drain with a six inch overhang or change the pitch in the curb provided. Mr. Loftin stated that the floor drain needs to be directed to the grease trap and the there needed to be hot and cold water at the can wash. Mr. O'Shea said that the sign details would comply with ordinance requirements. Mr. O'Shea stated that the lighting would be confined to the site. Lt. Douglas was satisfied with the building but noted that there was a gas meter on the plans, but he had no further information on the gas and needed to know more information about the meter and tank if they were going to be on the premises. Lt. Douglas also noted that there should be signs noting no left turns at each of the exits. 1t was noted that the landscaping would be reviewed on the final approval. Meeting adjourned at 2:45 pan. - December 2, 1992 Post -It' brand fax transmittal memo AM I r a pop* . To ^tin Thad Mmwdu�f�ln�r 44 ro o.Pt IM a OKEECHOBEE COUNTY/CITY SITE PLAN MEETING January 5, 1993 CHECKERS/OKEECHOBEE FINAL REVIEW Members present: Martin O'Shea, Building & Zoning Administrator Chief Tomey, City Fire Department Jim Threewitts, Program Coordinator Chuck Elders, Director Public Works Chief Mobley, City Police Department Bob Brits, Representative of Public Utilities Also in Attendance: Richard Creech, Engineer �h##�/#•Mt######�►�F+k At �t M�###*�M*�: �M �Y ilc gc+M####�k*�k �k#�It �[I��:�Y#�k �k#+Y iM �M iM M�+k Alt#ok +k �kMrk#4+M###*�F �Y ik*�M*##�F This site plan meeting was to verify that the requirements that were made on the December 2, 1992 site plan meeting have been met. Mr. Creech acknowledged that the following problems have been corrected. 1. Lighting would be confined to the site. 2. They have the exemption from SFWMD and the permit from FDOT. 3. The calculations for the 24 hour/25 day flood water have been met. 4. The curbing in the can wash has been corrected and hot water added. 5. The alleyway has been closed. 6. Parking has been met with 15 spaces. (Only 13 required) Mr. Bob Brit was representing the utility department and stated that Checkers would have to use two l inch meter and not 3/4 inch. Chief Tomey stated they would need automatic shut-off valves. Meeting adjourned 2:17 p.m. - January 5, 1993