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HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-016Proposed by: Introduced by : c:� rQ� Temp #k Z+ <�-3 CITY OF TAr1ARAC, FLORIDA RESOLUTION NO. `1 �Q- A RESOLUTION AUTHORIZINr THE "LAYOR AND CITY '11ANAGER TO EXECUTE AN AGREEPr ENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., ENGINEERS; A COPY OF SAID CONTRACT BEING ATTACHED TO THIS RESOLUTION WHEREAS, the City of Tamarac, together with members of Council and the City Engineer have been sued in the Circuit Court of Broward County, Florida, by Leadership Housing Corporation, and WHEREAS, the Tamarac City Attorney, in the prepa- ration of his case in defending the City of Tamarac and other Defendants, feels that as a necessary part of that defense, we should have a disinterested outside Engineering Consulting firm make an investigation and report of the subdivision improvements which have been installed by .Leadership Housing and as there exists a dispute between the engineers for the City of Tamarac and the Engineers for Leadership Housing as to whether or not the subdivision improvements have been installed in a professional manner and comply with the requirements of the Tamarac Subdivision Improvement Regulations and Ordinances pertinent to the installation of said subdivision improvements installed by Leadership Housing, and WHEREAS, it is the intention of the City Attorney to call as an expert witness the Engineering Consulting firm at the trial now pending in the Circuit Court, and WHEREAS, the Engineering Consulting firm of.. Post Buckley, Schuh & Jernigan, Inc., is recognized as an out- standing Engineering firm and will prove as a valuable witness for and on behalf of the City of Tamarac, and 1 WHEREAS, an Agreement has been prepared between the City of Tamarac and the Engineering Consulting firm of Post, Buckley, Schuh & Jernigan, Inc., to make an investigation and report for the City of Tamarac for the purposes set forth above. FLORIDA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL Or THE CITY OF T.'U4AR7�C, SECTION l: That the Mayor and the City Manager be and the same are hereby authorized to execute an Agreement with Post, Buckley, Schuh & Jernigan, Inc. in order to provide for the City of Tamarac an investigation and report of the subdivision improvements installed by Leadershin Housing, Inc. A copy of this Agreement is attached hereto and made a part hereof as if set forth in full herein. PASSED, ADOPTED AND APPROVED this day of 1976. V�C� ^1AYOR ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION ITY ATTORNEY RECORD OF COUNCIL VOTE Mayor Johnson �h�l VP'[ "'I. rl.icksman C/M W. Falck C/W H. Massaro ►�. C/^Z 0. Tucker um AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 27th clay of February , 1976 , by and between the CITY OF TAMARAC, herein- after referred to as OWNER, and POST, BUCKLEY, SCHUH $ JERNIGAN, INC., a. Florida corporation, hereinafter referred to as ENGINEER. WIT'NESSET'H: WHEREAS, the OWNER proposes to do certain work toward accomplish- ment of the project described in Attachment A; and WIIEREAS, the OWNER desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the ENGINEEiR desires to provide such professional services in accordance with this Agreement. NOW THEREFORE, in consideration of the premises and the mutual bene- fits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the OWNER will be that of a. professional consultant, and the ENGINEER will provide the professional. and technical services required under this Agreement in accordance with good engineering practices and ethical standards. II. PROFESSIONAL AND TECI-INICAL SERVICES It shall be the responsibility of the ENGINEER to work with the OWNER and apprise him of solutions to engineering problems and the approach or technique to be used toward accomplishment of the OWNER'S objectives as set forth in Attachment A. The scope of services to be provided to accomplish the OWNER'S objectives is set forth in Attach- ment B. III. PERIOD OF SERVICE A. The ENGINEER will begin work promptly after receipt of a fully executed copy of this Agreement; such receipt shall constitute written notice to proceed. B. If the ENGINEER'S services called for under this Agreement are delayed for reasons beyond the ENGINEER'S control, the time of performance shall be adjusted appropriately; and if such delays shall cause the services under this Agreement to continue for a period of more than one (1) year from the beginning date (as above provided), the fees contained in Attachment C shall be subject to renegotiation; any change .in such fees shall apply only to the unfinished services as of the effective date of such change. C. The ENGINEER shall not be bound under this Agreement if a fully executed copy hereof is not received by the ENGINLE R on or before April 1, 1976. IV. GENERAL CONSIDERATIONS: A. All original sketches, tracings, drawings, computations, de- tails, design calculations, and other documents and plans that result from the ENGINEER'S services under this Agreement are and remain the property of the ENG1,NUE R as instruments of service. Where such docu- ments are required to be filed with governmental agencies, the ENGINEER will furn.i.sh copies to the OWNER upon request. B. The OWNER may, at his expense, obtain a set of reproducible copies of any maps and/or drawings prepared for him by the ENGINEER, in consideration of which the OWNER agrees that no additions, dele- tions, changes or revisions shall be made to same without the express written approval of the ENGINEER. C. Notwithstanding that specific services are enumerated in Attachment B. the ENGINEER will, upon written request of the OWNER, provide any and all other cavil engineering and planning consulting services normally falling within the scope of the civil engineering consultant that might be required to complete a project of the type as that described in Attachment A; provided, however, that such addi- tional services shall result in extra compensation to the ENGINEER, as provided in Attachment C. It is understood and agreed that the I:NGI.NI:ER shall not be responsible for any work or services except as specifically outlined in Attachment B, or as mutually agreed Upon in writing as additional services. D. The OWNER hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. The ENGINEER shall use the best available sources for preparing estimates of construction costs. E. The ENGINEER shall at all times carry, on all operations hereunder, workman's compensation insurance, public liability and property damage insurance, automotive public liability and property damage insurance. 1;. Upon the ENGINEER'S written request, the OWNER will fur- nish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER shall deem necessary, and the ENGINEER may rely upon same in performing the services re- quired under this Agreement. G. The OWNER represents that he is the fee owner of the property described in Attachment A. H. The OWNER and the ENGINEER each binds himself/itself and his/its partners, successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other party, in respect to all covenants of this Agreement; and neither the OWNER nor the ENGINEER will assign or transfer his/its interest in this Agreement without the written consent of the other. V. COMPENSATION The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment C. I Ll POST, BUCKLEY, SCHUH & JERNIGAN, INC. Consulting Engineers/Planners/Surveyors 2131 Hollywood Boulevard Suite 402 Hollywood, Florida 33020 (305) 920-7060 Date February 27, 1976 ATTACHMENT A - DESCRIPTION OF PROJECT Project Tamarac Re ort on Paving,Gradia and Drainage, Water F, Sewer Completeness of Proposed Subdivision improvements. Location City of Tamarac Legal Description Owner The nature, character, OWNER'S objectives and limits of the proposed project are described as follows: 1. Field inspection of subdivision improvements. 2. Prepare written report. 3. Attend meetings and conferences and provide expert witness testimony. Initials of Signatories: For the ENGINEER Date 2- (_3. (rb For the OWNER Date POST, BUCKLER, SCHUH $ JERNIGAN, INC. Consulting Engineers/Planners/Surveyors 2131 Hollywood Boulevard Suite 402 Hollywood, Florida 33020 (305) 920-7060 Date February 27, 1976 ATIACIQ ENT B --- SCOPE OF SERVICES The services to be provided by the ENGINEER under this Agreement fall generally in the category of Field .Investigation and are described in detail as follows: 1. Field verification of the construction of subdivision im- provements within the following subdivisions: Lime Bray Two Lime Bay (1) Parcel E" Westwood Community 4A Westwood Conununity 6 Westwood Community 5 Westwood Community 5A The Village (Spyglass) Storm Sewer-, Nob Hill Road from McNab to Canal Gravity Sewer, Golf Course Section No. 8 Drainage along south side of 57th St. crossing 70th Ave., 88th Ave. and 84th Terr. Drainage Improvements, N.W. 88th Ave. at Logos de Campo Blvd. Outfall Pumping Stations 2 and 3 2. Prepare a written report commenting on the uncompleted items of work only as enumerated on the punch lists provided by the City. 3. Attend meetings and conferences in connection with the field investigations. Meetings and conferences under this contract will be .limited to a total of three. This Agreement does not include verification nor certification of completeness of the total projects, nor as -built conditions, nor veri- fication of adequacy of design, nor certification of quality of con- struction, but is merely intended to provide a cursory inspection of the paving, grading, drainage and water and sewer improvements within the above-describod subdivisions relating to the deficiencies listed on the punch lists provided by the City of 'Tamarac. During these field inspections, the OWNER shall provide one of his employees to accompany the ENGINEER'S representative on all field work, at no cost to the ENGINEER. Information to be furnished by the OWNER shall consist of copies of the approved drawings, along with copies of the punch lists as applicable to the appropriate subdivisions. �'J Initials of Signatories. For the ENGINUER Date ,7 - !y I For the OWNER Date L-Z"1 — "1 POST, BUCKLEY, SCHUH 4 JERNIGAN, INC. Consulting Engineers/Planners/Surveyors 2.131 Hollywood Boulevard Suite 402 Hollywood, Florida 33020 (305) 920-7060 Date February 27, 1976 ATTACIihIENT C - COMPENSATION I. METHOD OF COMPENSATION A. 1,LmT Sum. The OWNER agrees to compensate the ENGINEER for the professional services called for under Attachment B to this Agree - meat in the total sum of $4,995.00, except as otherwise provided herein. B. Additional Services. Such expert witness testimony as may be required by the OWNER, whether in a Court, in the office of the OWNER or the ENGINEER, or any location in the presence of a qualified repre- sentative of the law, will be defined as additional services. Services authorized by the OWNER other than those specifically listed in Attachment B shall be considered additional services for which the OWNER shall compensate the ENGINEER based upon the time expended by the ENGINEER in accomplishing same; such charges shall be arrived at by taking the salary cost of those persons engaged directly on such addi- tional work and adding a surcharge of 150% for overhead and profit. Salary cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable thereto) of engineers/planners, technicians, draftsmen, stenographers, surveymen, clerks, etc., for time directly chargeable to the project; plus unemployment, excise, and pay- roll taxes; and contributions for social security, employment compensation insurance, retirement benefits, and medical and insurance benefits. Addi- tional services shall include revisions to work previously performed that are required because of a change .in the data or criteria furnished to the ENGINEER, or a change in the scope or concept of the project initiated by the OWNER. C. Out -of -Pocket Expenses. The OWNER shall reimburse the ENGINEER for all out-of-pocket expenses directly chargeable to the project at actual cost incurred. Such charges shall be itemized and included in the monthly invoices and paid as provided for such invoices. Typical reimbursable expenses include travel, .lodging, meals and travel expenses when traveling on the OWNER'S behalf, identifiable communication expense, identifiable reproduction costs, computer machine time charges, survey supplies, special accounting expenses not applicable to general overhead. II. INVOICING PROCEDURE: A. The ENGINEER shall submit invoices to the OWNER for work ac- complished during each calendar month; the amount of each monthly invoice shall be determined on the percentage of completion method" whereby the ENGINEER will estimate the percentage of the total work (called for under Attachment B) accomplished during the invoicing period. Such monthly invoices shall include, separately listed, any charges for additional services for which time charges shall apply. Such invoices shall be sub- mitted by the ENGINEER as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the OWNER upon receipt. The OWNER agrees that unpaid monthly invoices shall accrue interest based on the rate of ten percent (10%) per annum, after they have been outstanding/unpaid for. thirty (30) days after invoice date. B. If the ENGINEER employs legal services to collect overdue amounts,the OWNER agrees to pay all costs of collection, including reasonable attorney's fees, whether action be brought or not. Initials of Signatories: 1� For the ENGINEER Date Zrii3 — / For the OWNER Date I VI. TERMINATION This Agreement may be terminated by either party by seven days' prior written notice, in the event of substantial failure to perform :in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of Attachment C for all work performed up to the date of termination. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above wrl.tten. LNGINEER: Post, Buckley, Schuh & Je i.gari, Inc. By---- ._ Walter L. Revell, President (Seal.) Secretary OWNER: i Attest (Seal) ��`