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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-068Introduced by C/M Stelzer Temp. Reso.#3544 Rev. 2/27/85 1 I 4 8 9 10 11 12 15 16 17 18 19 2 21 22 23 24 25 4� tr 27 28 29 30 i 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-85-68 A RESOLUTION APPROVING AN AGREEMENT WITH JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., FOR CONSULTING ENGINEERING SERVICES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an agreement with James M. Montgomery, Consulting Engineers, Inc., for consulting engineering services, a copy of said agreement being attached hereto as Exhibit A. SECTION 2: The City reserves the right to contract other engineering firms as Consultant Engineers pursuant to the Competitiv Negotiations Act of Florida. Nothing in this agreement alters or cancels the terms and conditions of prior agreements for engineer- ing services between these parties or between the City and any other engineering firms. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 27th day of February, 1985. ATTEST: DISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. OR RECORD OF COUNCIL VOTE MAYOR: KRAVITZ DISTRICT4: V/M STEIN�,� DISTRICT3: CtM STELZER DISTRICT2: C/M MUNITZ DISTRICT].: C/M BERNSTEIN CITY OF TAMARAC CITY CONSULTING ENGINEERING SERVICES THIS AGREEMENT, made and ent red into and effective this _ _ z7 _,-, day of , 1985 by and between: THE CITY OF TAMARAC, a municipal corporation, created pursuant to the Laws of the State of Florida, hereinafter called "CITY", and JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC., hereinafter called "CONSULTANT". W I T N E S S E T H: WHEREAS, CITY requires professional engineering services to perform such specific services as CITY may, from time to time, directs and WHEREAS, CONSULTANT has the professional experience and expert skill and is qualified to perform the required ser- vices; and WHEREAS, CITY desires to engage CONSULTANT upon the terms and conditions set forth below, and CONSULTANT is willing to accept such engagement upon such terms and con- ditions; and WHEREAS, CITY in accordance with Florida Statutes Sec- tion 287.055, Consultants Competitive Negotiation Act, the City of Tamarac has selected "Consultant" as the CITY'S first preference among those firms determined by the CITY to be most highly qualified to perform services as City Consulting Engineers NOW, THEREFORE, inconsideration of the mutual promises and intending to be legally bound hereby, the parties agree as follows: I. SCOPE OF WORK. CITY hereby engages CONSULTANT as an independent contractor to perform certain services, and CONSULTANT hereby agrees to perform said services upon the terms and conditions hereinafter set forth. Standards of Design for work under this Agreement shall be those of the City of Tamarac, if available, which shall be revised as necessary by the CONSULTANT to meet the proposed intent of the proposed projects. Standards of Design not available from the CITY shall be developed by the CONSULTANT. CONSULTANT shall perform engineering services related to various miscellaneous projects, including but not limited to, services as Consulting Engineer with respect to utility bond trust indentures. Each specific task to be performed shall be identified and described in detail by a separate written authorization by CITY, and shall be identified by a separate Job Number established by ENGINEER. The specific services which the CONSULTANT agrees to furnish and the terms and conditions for such services are as follows: A. BOND_ _ INDENTURE „ QQN,SULTIThe CONSULTANT shall be the _"Consulting Engineer", as defined in Article I, City Resolution 79-251, and shall perform all duties assigned to the "Consulting Engineer" by Resolution 79-251. Should the CITY issue new utility bonds subject to new bond trust indentures then CONSULTANT shall perform such "Consulting Engineer" ser- vices as may be described in said new inden- tures and succeeding Resolutions. -1- B. &TTENDANCE_ AT MEETINGS,, After CITY has issued a written authorization for a specific task, attendance by CONSULTANT at any subsequent meetings related to that task shall be consid- ered as part of that task, and shall be subject to such provisions as may be contained in the task authorization. However, it is contemplated that from time to time CITY will desire that CONSULTANT meet with representati—veiR of CITY and/or other organizations to discuss subjects not directly related to an already authorized task - such as a meeting at which CONSULTANT specialized knowledge is needed by CITY, or a meeting conducted so as to develop or dissemin- ate criteria or data that will be needed by CITY in order to establish a new task, or a meeting at which CONSULTANT is to act as a representa- tive of CITY. In order to minimize administra- tion, attendance by CONSULTANT at all such meetings shall be considered as part of one continuing task. This Agreement shall be deemed as the written authorization for that task, and CONSULTANT'S Job Number for that task hereby is established as 1586.0070. Eowever, CONSULTANT shall not attend any particular meeting unless the CITY has issued specific oral instructions that CONSULTANT is to attend. The scope of work for Job Number 1586.0070 is defined to include not only attendance at authorized meetings but also any work needed to prepare for and/or submit reports concerning such meetings. All invoices for Job Number 1586.0070 will identify the specific meetings to which they apply. All fees for services on Job Number 1586.0070 will be compensated as defined in Section IIIA2 herein. C. REVIEW OF DEyELQPHBNTAt PLANS. The CONSULTANT shall review and comment to CITY on those devel- opmental plans submitted to CITY which CITY determines will require either more engineering expertise or more time than is available in CITY'S own engineering staff. D. pig SERVICES. Upon determination by CITY that it is in need of engineering services of one of the type listed below, it may issue a separate written authorization for CONSULTANT to perform said services. The types of service contemplated are: 1. Special Reports and Studies 2. Engineering Design, including preparation of construction documents, and assistance during bidding and award of contract. 3. Engineering Services Related to Construction Contracts, including but not necessarily limited to: review of shop drawings, con- sultation and interpretation concerning drawings and specifications, review of construction progress estimates, site visits and/or inspections during and upon comple- tion of construction, such other services as may be identified in the task authorization. 4. Other Engineering Services the CITY wishes the CONSULTANT to complete will be defined in a Task Order. Each Task Order shall be clearly defined in writing and attached to this Agreement as an ADDENDUM. Each ADDEN- DUM shall be numbered in sequence, dated and 1 41 -2- r i 11 signed by CITY'S and CONSULTANT'S repre- sentatives. Each ADDENDUM, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. Each Task Order shall include a description of the scope of services, time of completion and method of compensation for services. Signature by an authorized representative of the CITY shall constitute authorization to proceed by the CONSULTANT for services defined by that Task Order. II. CITY FURNISHED ITEMS A. The CITY shall designate in writing specific individuals, by title, who will be authorized to issue written and/or oral instructions to CON- SULTANT concerning this Agreement. In the absence of specific contrary designations, CONSULTANT may assume that the City Engineer and City Manager each shall be so authorized, and this Agreement shall constitute the required written designation. B. The CITY shall assist CONSULTANT in obtaining all background information necessary to the accomplishment of assigned tasks, and shall provide reasonable access to all existing rec- ords, data, and physical facilities. In addi- tion, CITY shall forward to CONSULTANT, on a continuing basis, copies of all recurring re- ports related to the physical and financial status of its utilities, and all correspondence related thereto. C. The CITY shall pay for all costs of publishing advertisements for bids and for obtaining per- mits and licenses that may be required by local, State of Federal authorities and shall secure the necessary land, easements, and rights -of way. In order to expedite the processing of an application for a permit or license, CITY may, in some instances, direct CONSULTANT to act for CITY in paying a required fee. In such instan ces, CITY subsequently shall reimburse CONSUL- TANT for any such fees, without regard to the type of fees applicable to the project involved. III . FEES AND PAYMENTS ( See Exhibit A Attached) A. Each written authorization for an individual task shall include specific information as to the type and magnitude of fees to be paid for that task. The types of fees contemplated are: 1. Fixed LumgSl. A single negotiated amount paid as total compensation for all work performed on the project. Z. Salary Costs are defined to be 1.3 times actual payroll costs of employees for time directly chargeable to the project, and are defined to be equal to the sum of CONSUL- TANT'S costs for: direct payroll, sick leave, vacation, holiday pay, payroll taxes, unemployment taxes, excise taxes, em- ployer's contribution to social security, employment compensation insurance, and all other employee benefits - such as medical and life insurance, retirement, etc. The Percent of Costs added to actual payroll -3- costs shall be 130%, except for those field personnel who receive significant overhead support from a construction contractor, while said personnel are assigned to full- time duty at the construction site. For those field personnel, the Percent of Costs to be added to actual payroll costs shall be 120%. CONSULTANT'S non -salary costs are defined as the costs incurred on or directly for the PROJECT, other than the Direct Salary Costs (as defined hereinbefore). Such non -salary costs shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the CONSULTANT. Non -salary costs shall include, but not be- limited to, necessary transportation costs, including mileage at the CITY'S current rate per mile when the CONSULTANT'S own automobiles are used outside Broward County, meals and lodging outside Broward County, laboratory tests and analyses, computer services, automatic typing equipment, long-distance telephone, printing, binding, and reprographic charges. When technical or professional services have been furnished by outside services, as requested or approved by the CITY, an additional ten percent (10%) of the cost of these services shall be added for the CONSULTANT'S administrative and continuing PROJECT responsibilities for outside services costing less than $10,000.00. When outside services exceed $10,000.00, the percentage shall be reduced to seven percent (71). 3. Cost Plus EiAefgg— Total fees shall be equal to a negotiated Fixed Fee plus: reimbursement of actual payroll costs, not including any fringe benefits, for time directly chargeable to performance of the project works; plus reimbursement of CON- SULTANT'S overhead costs, which are defined for this type of fee to be equal to 165% of the direct payroll costs for the project (except 125% for certain field personnel, as defined in IIIA2, above); plus Non -Salary Costs, as defined in IIIA2, above. The amount of the negotiated Fixed Fee shall be related to the specific scope of work and a negotiated estimate of the costs that will be required to perform that work, both as itemized in the written authorisation for the task. If that scope of work later is either increased or decreased, then both the estimated cost and the fixed fee shall be subject to renegotiation. It shall be understood that the CITY shall not be obligated to reimburse CONSULTANT for any costs that are in excess of the negotiated, or renegotiated, estimate of costs. It further shall be understood that the CONSULTANT shall not be obligated to continue work or to incur costs in excess of the negotiated, or,renegotiated, estimate of costs unless and until the CITY notifies CONSULTANT in writiAg that the agreed estimate of costs has been increased. B. METHOD OF PAYMENT.,, Payment as prescribed for services rendered by the CONSULTANT during the previous billing period shall be due and payable as of the date of invoice, and shall be paid by -4- no later than the forty-fifth (45th) day after the date of invoice, unless some other mutually agreeable period of required payment is estab- lished in the Authorization for a specific task. It is understood that an invoice cannot be paid until it has been approved by the City Council, which normally holds scheduled meetings on the second and fourth Wednesdays of each month. However, each year the Council--i-s—In recess during the month of August. Therefore, if, the agreed period of required payment for any in- voice should end during the period from the IP eighth day before the fourth Wednesday in July through the sixth day after the second Wednesday in September, inclusive, then it is agreed that the period of required payment for that invoice shall be extended so as to end on the third Wednesday in September. In order to defray the costs incurred by CONSULTANT due to deferred payments, any in- voiced amount that has not been paid by the end of the period of required payment shall be subject to interest charges, at a rate equal to eighteen percent (18%) per annum. Interest shall be charged for the number of days from the end of the period of required payment up to and including the date of payment. Whenever any payment is received, it shall be applied first to any interest charges then due, and then to any outstanding invoiced amounts. The CONSULTANT shall submit monthly invoices to the CITY through the City Engineer. The City Engineer will review the invoices to insure all charges are allowable and reasonable before recommending payment of the invoice by the CITY. As a minimum requirement, each task order invoice shall indicate original fee estimate, invoice date, amount this invoice, and estimated fees remaining. A summary shall be submitted by the CONSULTANT indicating each employee's name, employment classification, and hours worked on the project for the invoice period. IV. TIMES OF PERFORMANCE It is understood that this Agreement is a continuing contract, and that all terms contained herein shall remain in effect until changed by mutual agreement of the two parties. However, no work shall be performed, and no payments shall be made, unless specifically authorized by separate written communication from the CITY to CONSULTANT, except for oral authorizations regarding Job Number 1586.0070, as noted herein. Each separate task authorization shall include information as to start and completion times for that task. V. MISCELLANEOUS PROVISIONS A. $QQ$S OF ACCOUNT. CONSULTANT will maintain local records of payroll costs, travel, subsistence, field and incidental expenses applicable to assigned tasks. Said records will be available for examination by CITY at 16 CONSULTANT'S offices located at Sunrise Professional Center, 5975 West Sunrise Boule- vard, Suite 208, Fort Lauderdale, Florida 33313. Official Books and Accounts of CONSULTANT are maintained at corporate headquarters. B. INS2UNCE, Prior to the beginning of any work or program covered by this Agreement, CONSULTANT shall deliver to the CITY certificates of insur- ance duly executed by the officers or authorized representatives of a responsible and nonassess-- able insurance company, evidencing the following -5- minimum coverages and specifically identifying CITY as an additional insured, which insurance shall be noncancellable, except upon ten (10) days' prior written notice to the CITY. Public Liability Bodily injury, including death Property damage Automobile Liability Bodily injury, including death Property damage Professional Liability Individual $1,000,000 100,000 $3,000,000 300,000 110001000 3000000 100000 300000 $3,000,000 All premiums shall be at the expense of CONSULTANT. C. CONSULTANT hereby certifies that it has accepted the provisions of the workers' compensation laws of Florida, insofar as the work covered by this Agreement is concerned, and that it has insured its liability thereunder in accordance with the terms of said Acts, as evidence by the certificate of in- surance which is attached to this agreement. D.O]SMENT, In the event the work herein contemplated, or any part thereof, shall be abandoned due to circumstances which the CITY considers to be to its own best interests, CONSULTANT shall not be entitled to any further payment for such work or part thereof beyond and in excess of the amount due at that time, and final payment shall be based on the proportion- ate amount of the fee earned to such date. E. The time of completion may be adjusted only by written Agreement between the parties hereto for unavoidable delays resulting from causes beyond the control of the CONSULTANT. F. In the event of any disputes as to the interpretation of the terms of this Agreement, the decision of the CITY shall be final except as provided herein. CITY shall notify the CONSULTANT in writing of any decision the CITY has rendered with regard to the interpretation of this Agreement. If the CONSULTANT disagrees with the decision of the CITY, the dispute may be decided by arbitration in accordance with the rules of the American Association then obtaining. Acceptance of the final payment by the CONSULTANT shall be considered full release of all claims against the CITY arising out of or by reason of the work done and materials furnished under this Agreement. G. RIGHT,S_IN DATAs&OP EM DISCLOSURE. a. Definition. 'The term "data" as used in this Agreement includes written reports, studies, drawings, or other graphic, electronic, chemical or mechanical representations. b. Rights in data. All data developed pursuant to this Agreement shall be the property of the CITY and the CITY shall have the full right to use such data for any official purpose permitted under Florida Statutes, It a C] -6- including making it available to the general public. Such use shall be without any additional payment to or approval by CONSUL- TANT. CITY shall have unrestricted author- ity to publish, disclose, distribute and otherwise use, in whole or in part, any data developed or prepared under this Agreement. All data required to be sealed and signed by a registered Professional Engineer in the State of Florida shall not be modified, changed or altered or used for other pur- poses than those intended without the ex- IP press written permission of the CONSULTANT. The CITY shall hold the CONSULTANT harmless for any loss or expense for any damages arising out of the modification or use for other projects of the CONSULTANTS' data and plans, without the specific adaptation by and consent of the CONSULTANT. c. Copyrights. No data developed or prepared in whole or in part under this Agreement shall be subject to copyright in the United States of America or any other country. CONSULTANT hereby relinquishes or shall cause to be relinquished any and all copy- rights and/or privileges to data developed or prepared under this Agreement without any additional payment to CONSULTANT therefor. CONSULTANT shall not include in the data any copyrighted matter unless CONSULTANT obtains the written approval of the City Manager and provides said City Manager with written permission of the copyright owner for CON- SULTANT to use such copyrights matter in the manner provided herein. H. COMPLIANCE WITH LAWS. CONSULTANT shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accor- dance therewith, which are or shall become applicable to the services performed under the _terms of this Agreement. I. ANTI -DISCRIMINATION. CONSULTANT shall conform with the applicable sections of the City of Tamarac Equal Employment Opportunity/Affirmative Action Statement and Policy on Sexual Harass- ment. J. RUBCONTBACTING. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Some Specialty subconsultant work is permissable wherein said services can be expeditiously and economically handled by local firms provided written permission is granted by CITY. K. &SSIGNMENT• CONSULTANT shall not assign this Agreement or any right to monies to be paid hereunder without the prior written consent of CITY. L. CQNBTRUCTIQN ES,TIM&M. Estimates of cost for any facilities considered and designed under this Agreement are prepared by ENGINEER through exercise of its experience and judgement in applying presently available cost data, but it is recognized that ENGINEER has no control over cost of labor and materials, or over the Con- tractor's methods of determining prices, or over competitive bidding procedures, market condi- tions, and unknown field conditions so that it cannot and does not guarantee that proposals, �7_ bids or the project construction costs will not vary from its cost estimates. N. . Visits to the construction site and observations made by the CONSULTANT as part of his services shall not relieve the construc- tion contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to insure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full respon- sibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by the CONSULTANT are not to be construed as part of the inspection duties of the on -site inspection personnel defined in other parts of this AGREEMENT. N. . The resident observation personnel will make reasonable efforts to guard the CITY against defects and deficiencies in the work of the contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause the CONSULTANT to be responsible for those duties and responsibili- ties which belong to the construction contrac- tor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety pre- cautions.incidental thereto, and for performing and construction work in accordance with the Contract Documents. 0. CONSULTANT shall commence performance on each specific Task Order upon receipt of written Notice to Proceed from the CITY. The work shall be completed in ac- cordance with the schedule included in the Task Order. P. The CITY shall make available to the CONSULTANT all data in its possession regarding the existing facilities. This data shall include, but not be limited to, standards, specifications, policies, guides and engineering reports, maps, plans, inventories, data, etc. The CITY shall be responsible for all necessary approvals from all City of Tamarac departments and administration of public meetings in the CITY. The CONSULTANT shall prepare exhibits and displays, information handouts, notes and minutes and assist the CITY in conducting all meetings. 0. ONTTgRING. The CONSULTANT'S work shall be subject to the inspection and direction of the CITY which shall conduct periodic reviews with the CONSULTANT. Where the CONSULTANT'S work is unsatisfactory to the CITY, it shall be correct- ed by the CONSULTANT at the direction of the CITY and at no additional cost to the CITY, however, it is incumbent upon CITY to notify CONSULTANT immediately of any work deemed un- satisfactory and failure to do so shall allow such corrective action as necessary to be bill- able to CITY. The CONSULTANT will indemnify the CITY for any increased construction costs solely and proximately caused by negligence (beyond the standards of the industry) on the part of the 1 a 41 -8- CONSULTANT concerning this project, less any betterment to the CITY. R. . If extra services are required for satisfactory completion of the work or any phase thereof, and extra costs are thereby necessarily incurred by CONSULTANT, CONSULTANT may be reimbursed only upon execution or a Supplemental Agreement between the parties. However, CITY shall not reimburse CONSULTANT for any extra services occasioned by interruption, postponement or abandonment of the work because of circumstances which the CITY deems to be in its best interest provided CITY provides proper written notice to CONSULTANT of such interrup- tion, postponement or abandonment of the work. In such case, the CITY shall pay only the costs of services rendered up to the time of such interruption, postponement or abandonment. S • SS2N, S2AM REPRESENTAT jyE. The CONSULTANT will, at all times during the normal work week, designate or appoint one or more representatives Of CONSULTANT who are authorized to act in behalf of CONSULTANT regarding all matters involving the conduct of the performance pur- suant to this AGREEMENT and shall keep the CITY continually advised of such designation. T. Whenever either party desires to give notice to the other pursuant to this agreement, it must be given by written notice, hand delivered, or sent by certified United States mail, with return receipt request- ed, addressed to the party for whom it is in- tended, 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 paragraph. For the present, the parties desig- nate the following as the respective places for giving of notice: = CITX City Manager City of Tamarac 5811 Northwest 88th Avenue Tamarac, Florida 33321 James M. Montgomery, Consulting Engineers, Inc. Sunrise Professional Center 5975 West Sunrise Boulevard, Suite 208 Sunrise, Florida 33313 U. TERNTNATION OF AGREEMENT. The CITY Or CONSUL- TANT may terminate this AGREEMENT by giving 30 days prior written notice to the other party. In such event, the CITY shall forthwith pay the CONSULTANT in full for all work previously authorized and performed prior to the date of termination. V. HON.=EXCLUSTYEAGREEMENT. The CITY reserves the right to Contract other engineering firms as Consultant Engineers pursuant to the "Competi- tive Negotiation Act of Florida." Nothing in this agreement alters or cancels the terms and conditions of prior agreements for engineering services between these parties or between the CITY and any other engineering firms. -9- W. AyTHQRIZINSz..ACTION• This Agreement is entered into by the CITY pursuant to a Motion/Resolution of the City Counci passed at a meeting held on IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. FOR: JAMES M. MONTGOMERY CITY OF TAMARAC CONS L G ENGINr7. I • By; 10Drwrati f r f1 N(Mayor) .,.ICorporate officer) "' C ',*CHARD ARD A. sWMT 0 r VICE ►RESIDENT [Corporate Seal] 1135020785/t By: ., -'c- ity Manager) ATTEST: By. Lr • ,� (City Clerk) Approved as tp%Form: 67- jj—rnejfor the y of Tamarac) • r� ..• r -10^ i EXHIBIT A Low Principal Professional 35.00 Supervising Professional 26.00 Senior Professional 20.00 Professional 18.00 Associate Professional 16.00 Senior Designer 15.00 Designer 13.00 Drafter 9.00 Administrator 12.00 Secretarial It/ Word Processor 11.00 Secretarial 1 9.00 Typist 8.00 Reproduction Technician 7.00 Clerk 7.00 Senior Resident Engineer* * * 18.00 Resident Engineer -inspector*** 15.00 Inspector 1Z.00 Salary* Cost Avg. 43.00 30.00 Z4.00 21.00 19.00 18.00 16.00 11.00 14.00 High 47.00 33.00 Z7.00 U. 00 20.00 19.00 17.00 13.00 15.00 Billing* * Rate Av .) 75.00 69.00 55.20 48.30 43.70 41.40 36.80 25.30 3Z.20 13.00 14.00 29.90 11.00 12.00 Z5.30 9.00 10.00 Z0.70 8.00 -9.00 18.40 8.00 9.00 18.40 ZI.00 24.00 46.20 17.00 18.00 37.40 14.00 16.00 32.20 * Salary cost is payroll rate plus fringe benefits * * Billing rate is salary cost plus 130 percent of salary cost and includes overhead and profit. Also is same as Salary Cost times 2.3. *** Billing rate for resident inspection is salary cost plus 120 percent of salary cost and includes overhead and profit. &I -I Q Glenn R. 114u prey - Vice President