Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-71-029u CITY OF TAMARAC, FLORIDA RESOLUTION i 2- l WHEREAS, the City Manager of the City, of Tamarac has, recommended to the City Council that the present City Engineer, the same being the firm of Davis & Craven, Inc., be relieved of their position as City Engineer, and WHEREAS, pursuant to Resolution #17-69 and the agreement attached thereto, said City Engineer serves at the pleasure of the City Council and, WHEREAS, the City Council is now desirous of terminating the relationship with the firm of Davis & Craven, Inc., as City Engineer, and, WHEREAS, the City Manager has recommended to the City Council that the firm of Williams, Hatfield & Stoner, Inc., be retained as City Engineer, and WHEREAS, the City Council is now desirous of approving the appointment of said firm as City Engineer. 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the City of Tamarac, Florida: 1. That the firm of Davis & Craven, Inc., are hereby relieved as City Engineer and any agreements for services entered into between the City of Tamarac and said firm, inclusive of that agreement pursuant to Resolution #17-69, shall be effectively terminated as of the lst day of April, 1971. 2. That the firm of Williams, Hatfield & Stoner, Inc., are hereby approved, designated, appointed and retained as City Engineer for the City of Tamarac. 3. That the Mayor and City Clerk -Manager are hereby authorized to enter into that agreement between the City of Tamarac and the afore- �mentioned engineering firm, copy of which is attached hereto and made a part hereof. 4. That said engineering firm in its capacity of City Engineer shall receive the compensation as outlined in said attached agreement and shall serve at the pleasure of the City Council P Y pursuant to the terms of said agreement. 5. That the appointment created by this Resolution shall be effective as of the lst day of April, 1971. PASSED, ADOPTED AND APPROVED this 1,24h day of 1971. ATTE.' ' �a RKlMANAGER �� JrfJI M�/f1{tilt` 2 MAYOR - w Sk N A V N AGREEMENT for rrmcmTiKin rmt,;Kir: DiAlr ccD1lircc CITY OF TAMARAC I i WILLIAMS, I- ATFIELD 8 STONER, INS. Consulting engineers i 4 - A G R E E MI E N T THIS AGREEPIENT made as of the day of , in the year 1971, by and between the CITY OF TAMARAC, Broward County, Florida, hereinafter called the CITY, and WILLIAMS, HATFIELD & STONER, INC., 2312 Wilton Drive, Wilton Manors, Florida, hereinafter called the ENGINEER. WITNESSETH, That whereas the CITY desires to retain the ENGINEER to furnish such professional engineering and land surveying services as the CITY may require from time to time, said services to include but not be limited to General Consulting Services, Feasibility Studies, Preliminary Reports, Cost Estimates, Construction Plans and Specifications, Construction Inspection, Contract Administration, Land Surveys, Topographic Surveys, Legal Descriptions and other related services. NOW, THEREFORE, the CITY and the ENGINEER in consideration of the mutual covenants hereinafter set forth agree as follows: SECTION 1 - GENERAL CONSULTING SERVICES A. SCOPE: The ENGINEER agrees to perform the following services: 1. Attend commission meetings and other city meetings when requested and give consultation and advice on engineering matters concerning the CITY. 2. Prepare engineering reports, maps, general cost estimates and project construction schedules as required. 3. Assist in representing the CITY's interests before other public bodies. 4. Review all plats and development plans submitted to the CITY to assure compliance with CITY regulations. 5. Inspect subdivision development construction for compliance with approved plans and specifications. 6. Assist the City Attorney in the preparation of ordinances relating to engineering matters. 7. Furnish such other general engineering and land surveying services as the CITY may require from time to time. B. COMPENSATION: The CITY agrees to pay the ENGINEER for "General Consulting Services" as follows: 1. A retainer of One Hundred ($100.00) Dollars per month beginning the first day of the first month following execution of this Agreement and continuing monthly thereafter until termination of this Agreement, said retainer to be compensation for: a. Office Consultation (telephone and personal). b. Letter reports of an uncomplicated nature requiring no out -of -office time. c. Placing high priority to CITY business. d. All office overhead associated with Items (1) (a) and (1) (b) above. 2. Hourly rate reimbursement for all work not compensated for by the monthly retainer, including: a. Attendance at commission meetings and other city meetings when requested. b. Field survey work necessary for engineering reports. - 2 - c. Review of plats and development plans submitted to the CITY for approval. d. Inspection of subdivision development construction. -- e. Assist the City Attorney in the preparation of ordinances relating to engineering matters. 3. "Hourly Rate Reimbursement" shall be computed using the hourly rates and charges shown on the attached Exhibit "B". SECTION II - CONSULTING SERVICES ON SPECIFIC CONSTRUCTION PROJECTS A. SCOPE; The ENGINEER agrees to perform the following services on specific construction projects. 1. Furnish topographic and property surveys, core borings and soil analyses as required. 2. Prepare preliminary design, including preliminary plans, outline specifications and cost estimates. 3. Execute final design and prepare detail construction plans, specifications and contract documents. 4. Furnish final cost estimates. Since the ENGINEER has ? no control over the cost of labor and materials, or over competitive bidding and market conditions, the estimates of construction costs are to be made on the basis of his experience and qualifications, but the ENGINEER does not guarantee the accuracy of such estimates as compared to the Contractor's bid or the project construction cost. 5. Assist in securing and analyzing bids and awarding contracts. 6. Furnish "general supervision of construction" or "resident project representation" as requested. It is specifically und3rstood that through the continuous on -site observations of the work in progress z)nd field checks of materials and equipment by the "Resident Project Representative," the ENGINEER will endeavor to provide protection for the CITY against defects and deficiencies in the work, but the furnishing of such Resident Project Representation shall not make the ENGINEER responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents. The duties, responsibilities and limitations of authority of the "Resident Project Representative" shall be as set forth in Exhibit "A" attached hereto and made a part of this Agreement. 7. Review and approve the Contractor's requests for payment. 8. Check and approve shop drawings and material tests. 9. Prepare Change Orders as required. 10. Make final inspection and report. B. COMPENSATION: The CITY agrees to pay the ENGINEER for "Consulting Services on Specific Construction Projects" as follows: 1. Hourly Rate Reimbursement in accordance with Exhibit "B". EON 2. At the option of the CITY when the estimated project cost exceeds $50,000, a Lump Sum or percentage fee negotiated prior to commencement of the required services. -4- Exhibit "B" SECTION III - GENERAL CONSIDERATIONS A. Payments for services performed in accordance with this Agreement shall be made monthly based on the amount of engineering work completed. B. All documents, including original drawings, estimates, field notes and data are and remain the property of the ENGINEER as instruments of service subject to the CITY's right to obtain copies thereof at actual reproduction cost. C. The CITY and the ENGINEER each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the CITY nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. r-� SECTION IV - PERIOD OF SERVICE A. This Agreement shall become effective upon its execution by both parties. It may be terminated by either party upon thirty (30) days written notice to the other party. The ENGINEER shall be paid at the agreed -upon rates for all work accomplished prior to the date of notice of termination and such work as he may perform thereafter by mutual agreement. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement the day and year first above written. SEAL APPRO D AS TO FO Y� ity At rney WITNESS: CITY OF TAMARAC BROWARD C TY, FLORIDA By: x- , Mayor CITY CLERK -MANAGER WILLIAMS, HATFIELD & STONER, INC. BY: E. Gex Williams, Jr., President ATTEST: BY: E. W. Stoner, Secretary -Treasurer - 6 - EX;_I+ T "All DUTIES, RESPONS'.6i'.., ES AND ONS OF THE AUT _..ITY OF Ti':E RESIDENT PROJECT jcPRESENTATIVE A. GENERAL 1. The Resident Project Representative is the ENGINEER's Agent and shall act under the supervision and direction of the ENGINEER. He shall confer with the ENGINEER regarding his actions, and shall generally cot7municate with the OWNER only through the ENGINEER. B. DUTiES AND RESPONSIBILITIES The Resident Project Representative shall: 1. SCHEDULE: Review the progress schedule prepared by the CONTRACTOR for compliance with the contract and give written advice to the ENGINEER concerning its acceptability. 2. CONFERENCES: Attend pre -construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consulta- tion with the ENGINEER and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. LIAISON: a. Serve as the ENGINEER's liaison with the CONTRACTOR working principally through the CONTRACTOR's superintendent. Alert the CONTRACTOR, through his superintendent, to the hazards involved in accepting and acting upon instruc- tions from the OWNER or others, except such instructions transmitted through the ENGINEER. b. Cooperate with the CONTRACTOR in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facil- ities. c. Assist the ENGINEER in obtaining from the OWNER additional F details or information, when required at the job site for proper execution of the work. 4. APPROVALS: When required, assist the ENGINEER in obtaining from the CO\TRACTOR a list of his proposed suppliers and sub -contractors. 5. SAMPLES: Assist the ENGINEER in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the ENGINEER. 6. SHOP DRAWINGS: a. Receive approved shop drawings and other submissions from the ENGINEER: record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. b. Alert the CONTRACTOR's superintendent when he observes materials or equipment being installed before approval of shop drawings or _ Exhibit "A" Page 1 '_'�%ISPE - 1967 Edition samples, where such are required, and advise the ENGINEER when he believes it is necessary to disapprove work as fai,ing to conform to the Contract Documents. 7. REVIE-W OF blORK, INSPECTIONS AND TESTS: a. Conduc on -site observations of the work in progress for the ENG t NELR as a bti.s i s for determining ;:hat the Projcct is pro- cc:eding in accordance with the Contract Documents, and report to she E.KLINEER whenever he believes that any work should be rejected or specially tested, or that the work should be stopped to insure that the completed Project will comply with the re-quirements on the Contract Docurncnts. b. Verify that Tests, including equipment and systems start-up, which are required by the Contract Documents are conducted and that the CONTRACTOR maintains adequate records thereof; observe, record and report to the ENGINEER appropriate de- tails relative to the test procedures and start-ups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the ENGINEER. S. INTERPRETATION OF CONTRACT DOCUNENTS: Transmit to the CONTRACTOR the ENGINEER's interpretations of the Contract Documents. 9. MODIFICATIONS: Consider and evaluate CONTRACTOR's suggestions for modifications in drawings or specifications and report them with recommendations to the ENGINEER. 10. RECORDS: a. Maintain at the job site orderly files for correspondence, reports or job conferences, shop drawings and other sub- - missions, reproductions of original contract documents in- cluding all addenda, change orders, field orders, and addi- tional drawings issued subsequent to the award of the contract, the ENGINEER's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activ- ities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. c. Record names, addresses and telephone numbers of all Con- tractors, sub -contractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are _ noted, and deliver to the ENGINEER at the completion of the Project. Exhibit "A" Page 2 NSPE - 1567 Edition s REPOTS. a. Furnish the ENGINEER perio;ic ,-pores as required of progress of the Project and the CONT;iACTOi�'s compl iance with the approved progress schedule. b. Consult with the ENGINEER in advance of scheduled major tests, inspections, or start of important phases of the Project. 12. PAYi�;ENT REQUISITIONS: Review applications for payment with the CONTRACTOR for compliance with the established procedure for their submission and forward than with recommendations to the ENGINEER, noting particularly �... their relation to the work competed and materials and equipment delivered at the site. 13. GUARANTEES, CERTIFICATES, MAINTENANICE AND OPcRATION ,MANUALS: During _ the course of the work, assemble Guarantees, Certificates, Maintenance Operation Manuals and other required data to be furnished by the CONTRACTOR and upon acceptance of the Project, deliver this material to the ENGINEER for his review and forwarding to the OWNER. 14. COMPLETiON: a. Prior to inspection for substantial completion, submit to the CONTRACTOR a list of observed items requiring correction. b. Conduct final inspection in the company of the ENGINEER and the OWNER and prepare a final list of items to be corrected. c. Verify that all items on final list have been corrected and make recommendations to the ENGINEER concerning acceptance. C. LIP.!TATIONS OF AUTHORITY Except upon written instructions of the ENGINEER the Resident Project Represen- tative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the CONTRACTOR, the sub -contractors or the CONTRACTOR's superintendent. 3. Shall not expedite the work for the CONTRACTOR. 4. Shall not advise on or issue directionsrelative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. -- 5. Shall not authorize the OWNER to occupy the Project in whole or in part. 6. Shall not participate in specialized field or laboratory tests. Exhibit "A" Page 3 \NSPE - 1967 Edition s , _. rXH I B I T I lB SCHEDt _ OF HOURLY RATES AND OTHER CHAi,"ES A.-'OURLY R/%T =S FOR P'7RSONNEL ]. PR1NCIPL OFFICERS = $ 35.00/Hr. (Wi]l1nms, Hatfield or Storer) 2. ENGINttRS a. Grade I - $ 11.00/19r. b. Grade 11 = 13.0C/;;r. - C. Grac_'e III = 15.00/Hr. d. Grade 1V = 18.00IHr. e. Grade V = 20.00/Hr. — Grade VI = 22.00/Hr. g. Grade .VI1 = 25.00/Hr. h. Grade V I I I =. 30.00/Hr. 3. ENGINEERING TECHNICIANS —, a. Grade I = $ 9.00/Hr. b. Grade II = 10.00/Hr. C. Grade I # I = 1 1.00/Hr•. d. Grade IV = 12.00/Hr. a. Grade V - 14.00/Hr. 4. DRAFTSMEN' a. Grade I = $ 8.00/Hr. b. Grade 11 = 10.00/Hr. c. Grade III = 12.00/Hr. _ d. Grade IV = 14.00/Hr. 5.• 1NSPECTORS a. Grade I = $ 8.00/Hr. b. Grade I _ 9.00/Hr. c. Gradc III = 11.00/Hr. d. Grade IV = 13.00/Hr. 6. FIELD SURVEY PARTIES -- a. 2-Man, Party = $ 25.00/Hr. b. 3-Man Party = 30.00/Hr. c. 4-Man Party = 35.00/Hr. — d. 5-Man Party = 40.00/Hr. 3. OTHER CHARGES 1. EXPERT WITNESS SERVICES a. Pre -Trial Conferences _ , $ 35.00/ Hr. b. Court. Testimony Including "On -Call''• . Time at Courtroom _ $300.00/Day (150.00 Min. Chg./Day) — 2. TRAVEL OUTSIDE BROWARD COUNTY a. Consulting Fee _ $280.00/Day b. Transportation, Lodging , — Subsistence - At Cost 3. REPRODUCTIONS a. Blue Line Prints _ $ 0.10/Sq. Ft. b. Photostat.s, Mylar Reproducibles,etc. = At Cost 4. SERVICES OF ENGINEERING TESTING LAB. = At Cost 5. COMPUTER TIME _ $ 50.00/Hr + Operator Exhibit "S" 1