HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-016Proposed by:
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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) ��`