HomeMy WebLinkAboutCity of Tamarac Resolution R-88-217Temp. Reso. #5129
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--88-
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH DARBY AND
WAY, INC., TO PROVIDE PROFESSIONAL SERVICES IN
CONNECTION WITH THE REQUIREMENTS OF THE PROJECT
KNOWN AS SABAL PALM GOLF COURSE; 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 Darby and Way,
Inc., to provide professional services in connection with the
requirements of the project known as Sabal Palm Golf Course,
a copy of said agreement being attached hereto as "Exhibit
1"
SECTION 2: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this l& day
y of , 1988.
ATTEST:
CAkEARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
l
RICHARD OODY
CITY ATTORNEY
r
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR
DISTRICT
DISTRICT
DISTRICT
DISTRICT
N-J
e
PROFESSIONAL SERVICES
AGREEMENT BETWEEN
CITY OF TAMARAC
dt
DAR BY AND WAY , I NC.
E 06.)C
C�Gi� it
THI S CONTRACT made and entered into on August 2, 1988
by and between the CITY OF TAMARAC, hereinafter referred to as
the CLIENT, and DARBY AND WAY, INC., a Florida Corporation,
hereinafter referred to as the CONSULTANT.
NOW, in consideration of the mutual agreements contained
herein, it is agreed by and between the parties as follows:
I
SCOPE OF SERVICES
. A. The CONSULTANT shall perform the professional services as
described in Exhibit "A" for the CLIENT in connection with
the requirements of the project known.as SABAL PALM GOLF
COURSE.
B. Deliverable Products: To be determined by the Scope of
Project Services as described in Exhibit "A".
II
CLI ENT' S RESPONSI BI LI TI ES
The CLIENT shall:
A. Furnish the CONSULTANT with information necessary or
useful in connection with the project that is available from
the CLIENT, without cost to the CONSULTANT.
B. It is understood and agreed that the CLIENT designates Mike
Von Hofen, Assistant City Planner, to represent the CLIENT
in all such matters pertaining to and arising fromthe services
and performance of this Contract.
I�
IF DO- A/ 7
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III
CHANGES IN SCOPE
All changes which affect the scope of services and the fee
previously agreed to shall be agreed upon by the CLIENT and the
CONSULTANT, and incorporated as written amendments to this
Contract. The CLIENT shall be billed in accordance with the
Schedule of Hourly Rates as displayed in Exhibit "B" unless a new
lump sum fee is agreed upon between the CLIENT and the
CONSULTANT. No additional services shall be performed prior to
written authorization.
IV
OWNERSHIP OF DOCUMENTS
The CLI ENT sha 11 become the owner of the De liverab le
Products in Exhibit "A" upon satisfaction of any and all
indebtedness to the CONSULTANT. Al I sketches, tracings,
drawings, data, computations, details, design calculations and other
documents and plans that are required for or result from the
CONSULTANT'S services under this Agreement and are not
specifically identified as Deliverable Products specified in Exhibit •
"A", shall remain the property of the CONSULTANT as Instruments
of Service. Copies of Instruments of Services, not otherwise
restricted by limitations including but not limited to leases,
copyrights, trade secrets, proprietary restrictions, and prior
agreements, may be obtained by the CLIENT upon request and
compensation .in accordance with the terms and conditions of
Exhibit "B", Schedule of Hourly Rates and Costs.
N
CCMPENSATION
The CLIENT agrees to pay the CONSULTANT as compensation
for its .Scope of Services as described in Exhibit "A". This fee is
subject to any and all applicable local, state and federal taxes.
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VI
METHOD OF INVOICING AND .PAYMENT
The CONSULTANT shall submit monthly invoice(s) for all fees
and expenses attributable to this Agreement. These billings shall
identify the nature of the work performed and under which of the
items described in Exhibit "A", and as may be amended, the
services fall. The CONSULTANT shall identify a surrmary of fees
and expenses with an accrual of the total fees billed, and credits
for portions billed previously and for which payment has been
received.
A. CLIENT shall pay the CONSULTANT within 30 days upon
receipt of the CONSULTANT'S invoice.
B. This fee and the fees indicated on Exhibit "B" shall remain in
effect for a period six months from the date of this
ag re emen t.
V I I
ASSIGNAENT
This Agreement, or any interest herein, may be assigned,
transferred or otherwise, encumbered, by CONSULTANT with the
prior written consent of the CLIENT. The Agreement shall run
with the CLIENT and its successors.
V I I I
NOTICES
Whenever either party desires to give notice unto the other,
it must be given by written notice, sent by registered United
States mail, with return receipt requested, addressed to the party
for whom it is intended, 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 th.e provisions of this
paragraph. For the present, the parties designate the following as
the respective places for giving of notice, to wit:
FOR THE CLIENT:
FOR THE CONSULTANT:
Mike Von Mofen, Asst.City Planner Gregory B.Darby
CITY OF TAMARAC DAR BY AND WAY, I NC.
7525 NW 88th Avenue 1439 S. Pompano Parkway
Tamarac, Florida 33321 Pompano Beach, FL 33069
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IX
TERMINATION
This Agreement may be terminated by either party for cause
or for convenience upon written notice by the terminating party to,
the other party, providing for thirty (30) calendar days from hour
and date of the receipt of said notice to' the date of termination.
If the fees and terms contained herein are acceptable to you,
please sign and return the enclosed copy for our fi les.
DAR BY ANDXAY , IW . / CITY OF TAMARAC
By:
T'I t le :VPRESIDENT`v•
e//m�,—/ 6
Da
Attest:
CAROL E. BARBUTO
CITY CLERK
B y :4 C
ORMAN ABRAMOWITZ
Title:
MAYOR
S% -,flgF
to (88-017 )
J H Y
1e:
CITY MANAGER
Date: 51
Approved as to form:
fRIICHARD DOODY
CITY ATTORNEY
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1.
EXHIBIT "A"
SCOPE OF SERVICES
The CONSULTANT shall diligently and in a timely manner perform
the professional services for CITY OF TAMARAC in connection
with the project known as SABAL PALM GOLF COURSE.
After a review of the proposed changes, we believe the best
approach to evaluate this proposal would include but not be limited
to the following tasks:
1. Conduct a controlled aerial of the area for mapping accuracy.
2. Prepare a base map from the aerial for the area in which the
changes are proposed showing improvements, both public and
p r ivate.
3. Conduct an objective evaluation and analysis of the proposed
changes.
4. Review the proposal with both the Florida Department of
Transportation and the Broward County Engineering and
Traffic Engineering Divisions to ascertain their opinions and
concerns to the proximity of the Florida Turnpike and
Comnercial Blvd.
• 5. Prepare conclusions and recommendations based on the
information provided to the City, information prepared by
Darby and Way, Inc. and convents and findings of Florida
Department of Transportation and Broward County Engineering
Divisions, and any other resources available.
6. Twenty (20) copies of the report shall be submitted within
thirty (30) days from the date that the Notice to Proceed is
received.
7. One presentation of the report and the findings shall be made
to the Council. Any additional presentations, at the request
of the City shall be billed in accordance with the rates given
in Exhibit "B" of this Agreement.
S. The cost for the above items wi 11 be a lump sum fee of
_$7,000 .00
9. In addition, an amount up to $500.00 for the services of a
recognized Golf Course Architect to review and comnent on
the proposal, the findings, and recommendations.
10. Any expert witness services required as a result of this study
shall be billed in accordance with the rates given in Exhibit
"B" of this Agreement.
z�7
,EXHI BI T "B"
DAR BY AND WAY, I NC .
SCHEDULE OF HOURLY RATES & COSTS
RATES EFFECTIVE MAY 1 1988
A. HOURLY RATES FOR PERSONNEL
B.
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Bi 11 i ng,
Category
Rate
Secretarial Staff
$ 30.00/hr.
Insr,ct?�,niTesting Staff
50.00/hr.
Draftsperson
40.00/h r
Teci,nic ian
45 .00/h r.
Designer
50.00/hr.
Project Manager
60.00/hr.
Professional
80.00/hr.
Representative
100.00/hr.*
Principal
125.00/hr.
Survey Field Crew, 3 Person
75.00/hr.
Survey Field Crew, 4 Person
90.00/hr.
Survey Field Crew, 5 Person
100.00/hr.
Survey Field Crew, Electronic, 3 Person
95.00/hr.
Computer System Designer
(Including Computer)
75.00/hr
* All processing, research and meetings
will be invoiced at the above
rate, with a minimum of one hour to be
billed per occurrence.
Overtime:
1.5
times
standard
hourly
rate.
Holidays:
2.0
times
standard
hourly
rate.
Holiday Overtime: 2.5 times standard hourly rate.
OTHER CHARGES
1. EXPERT WITNESS SERVICES
a. Pre -Trial Conferences Standard Hourly Rates
per Representative
b. Courtroom Testimony Including $150.00/hr.
"On -Call" Time at Courtroom ($500.00
mi n imum
char;e/day for
courtroom
appearances)
2 . R EPRCDUCT I ONS
a. Blueline Pr ints (In -House)
$0.30/sq. ft.
b. Sepia Reproductions (In -House)
0.83/sq. ft.
c. Mylar Reproductions (In -House)
1.67/sq. ft.
d. Outside Services:
Photostats, Outside Printing,
- Maps & Documents
Cost times 1 .1 5
e. .Bond Copies (8-1/ 2 x 11 and
8-1/2 x 14)
$0.15/sheet
(1-sided)
0.25/sheet
(2-sided )
NOTE: Minimum Charge for file search and
photo copy/print ing
on non -active p ro j _ t � i:. $25 .00 .
3. RECCRDINC AND PERMIT FEES
Cost
4. SERVICES OF OUTSIDE CONSULTANTS
Electrical Mechanical Structural
Eng inee r ing, Eng inee r ing Te st ing
Lab ora to r ie s, Pho tog ranTne tr.y, Ti t le
and Abstracting Services,
Pr og rarrmi ng
Cost
5. SPECIAL FIELD SUPPLIES
Cost
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EXHIBIT "C" ,
ADDENDUM ND.__
TO
PROFESSIONAL. SERVICES AGREEMENT
BETWEEN
CITY OF TAMARAC
AND
DAR BY AND WAY, I NC.
Th is addendum is hereby attached and made a part o f the or ig ina,
agreement for services.
CHANGE IN SCOPE OF SERVICES
REASON FOR CHANGE OF SCOPE OF SERVICES
It is mutual ly agreed to that this is a modi fication in the scope of
services as defined in the original AGREEMENT FOR SERVICES and is hereby
attached to and made a part thereof by reference.
DAR BY AMID WAY, I NC. CL I ENT
By:
Tit le:
By:
Tit le:
Da to Da to