HomeMy WebLinkAboutCity of Tamarac Resolution R-84-313Introduced by: LIZ& I
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO: 84- 2 3
A RESOLUTION APPROVING AN AGREIIVIBNT WITH JAMES M.
MONTGOMERY, CONSULTING ENGINEERS, INC. FOR A RATE
STUDY FOR TAMARAC UTILITIES WEST; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council has authorized and directed the City
Staff to negotiate a contract to conduct a rate study for Tamarac Utilities
West with James M. Montgomery, Consulting Engineers, Inc.; and
WHEREAS, the cost of the services involved is below the thresh -
hold figures for the Consultant Competitive Negotiation Act; and
WHEREAS, the City Council desires to enter into this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the proper City Officials are hereby authorized
to execute the Agreement with James M. Montgomery, Consulting Engineers, Inc.,
to conduct a rate study for Tamarac Utilities West, Such Agreement is attached
to this Resolution as Exhibit "A".
SECTION 2: That this Resolution shall became effective immediately
upon its adoption.
PASSED, ADOPTED AND APPROVED this /a day of 067�j42 1984.
Wffi8ww
BCITY CLERK I,// -
I HEREBY CERTIFY that I have
approved the form and correct-
nesslaf this REWUTION.
RECORD OF COUNCIL Vo'rLr
MAYOR.
KRAa4 i t Z
0��
DISTRICT 4:
� %�I eSTF ICI
DISTRICT 3:
CiM STELZER
DISTRICT 2:
C/M MUNITZ
DISTRICT 1:
C/M 13Fews— �
UU
JAMES M . MONTGOMERY, CONSULTING ENGINEERS, INC.
Sunrise Professional Center, Suite 208, 5975 West Sunrise Boulevard, Fort Lauderdale, Florida 33313
Broward (305) 581-5700 / Dade (305) 944-3251 / Palm Beach (305) 368-7035
September 19, 1984
Mr. Elly Johnson
City Manager
City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida 33321-5010
Subject: Engineering Services for Preparation of Water and Sewer
Rate Study for Utilities - West
Dear Mr. Johnson:
Reference is made to our letter of July 13, 1984, addressed to Ms. Sturrmans, and to
our letter of August 7, 1984, addressed to Mr. Wood. Changed conditions occurring
subsequent to the referenced letters dictate that we now submit a new proposal
concerning the above indicated services. Accordingly, James M. Montgomery,
Consulting Engineers, Inc. (MONTGOMERY) is pleased to submit this revised proposed
Agreement (Contract) to the City of Tamarac (CITY) to perform the following
engineering services:
I. SCOPE OF WORK
The purpose of the study is to analyze the CITY's existing schedule of
monthly service charges for water and sewer customers of that portion of
the CITY's utility systems known as "Utilities - West", and to propose such
changes to that rate schedule as may be determined to be necessary or
desirable. It is our understanding that the City desires that the scope of
the study be limited to monthly service charges - i.e. that it not address
such matters as developer fees, connection fees, reserved capacity fees,
impact fees, installation fees, etc.
In order to ensure that the services provided are best suited to the CITY's
needs and desires, it is proposed that the project be separated into the
following two phases:
A. Phase I of the work will consist of a review of all factors affecting
the selection of a schedule of monthly water and sewer service
charges for Utilities - West. The purpose of this review will be to
develop a specific set of criteria to be used by MONTGOMERY in
performing the second phase. Factors to be reviewed will include,
but not necessarily be limited to:
1. Identification of, and rationale for, alternative
criteria as to what expense components are to be
recovered from each component of the rate
structure, i.e. by water service availability charges,
PLANNING ... RESEARCH ... ENVIRONMENTAL ENGINEERING
.Y JAMES M. MONTGOMERX CONSULTING ENGINEERS, INC.
Mr. Elly Johnson
City Manager
Sunrise Professional Center —Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313
Broward (305) 581-5700 Dade (305) 944-3251 Palm Beach (305) 368-7035
-2-
September 19, 1984
by water consumption (per 1000 gallon) charges, by
sewer service availability charges, and by sewer
usage (per 1000 gallon) charges.
2. Identification of, and rationale for, alternative
customer categories, i.e. separation of all customers
into groups such that the same service availability
and consumption (per 1000 gallon) charges apply to
all members of any one given group, and charges
paid by any two groups differ in at least one of the
four rate components.
3. Identification of alternative assumptions that will
be used in making projections. For example:
How long must the new rate structure remain
in effect before some now foreseeable change
in conditions will require another rate change?
What will be the rate of inflation over that
period?
What rate of return will Utilities - West earn
on its invested funds over that period?
What increases in requirements for water and
sewer services will occur during that period?
What new construction costs and/or new debt
service costs will be incurred during that
period?
4. Identification of several combinations of the
individual alternatives in (1) through (3), above, for
possible use in generating alternative proposed
rates, in the final phase.
Phase I will be completed by submission to the CITY of a letter
report, which discusses the various individual alternatives and
recommends one or more specific combinations to be addressed
in the second phase.
B. Phase II will be the preparation and submittal of the final Rate
Study. The specific Scope of Work will be determined by
negotiation, after the CITY has reviewed the report submitted
in Phase I. The negotiated Scope of Work for Phase II will be
made a part of this Agreement (Contract) by a jointly executed
Amendment to this Agreement (Contract).
Sunrise Professional Center — Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. Broward (305) 581-5700 Dade (305) 944-3251 Palm Beach (305) 368-7035
1
1
Mr. Elly Johnson
City Manager
H. ITEMS FURNISHED BY THE CITY
ism
September 19, 1984
The CITY shall make available to MONTGOMERY, all records of utility
related expenses and revenues for the five fiscal years from October, 1979
through September, 1984. Upon request by MONTGOMERY, the CITY
either will allow MONTGOMERY to remove the appropriate records from
the files, and retain them in MONTGOMERY's office during the study
period, or make photo copies for use by MONTGOMERY, at no cost to
MONTGOMERY. With respect to data maintained by the CITY's computer
system, the CITY will provide, at no cost to MONTGOMERY, any
necessary requested monthly and/or totalized reports which can be
generated by the CITY's existing software and data base.
III. FEES AND PAYMENTS
The fee for each phase of work shall be a fixed Lump Sum Amount, payable
in monthly installments as the work progresses. Conditions related to
payment of fees shall be in accordance with the attached MONTGOMERY
standard "Schedule of Fees and Conditions".
The Lump Sum for each phase shall be:
Phase I $5,000
Phase II To Be Negotiated
NOTE: The fee for Phase II will depend upon the specific Scope of Work,
after the CITY has reviewed the Phase I Letter Report. However, it is
anticipated that if the Phase II work is limited to producing, at most, two
proposed alternative rate schedules, then the fee for Phase II would not
exceed $20,000. The negotiated fee will be incorporated into this
Agreement (Contract) by a mutually executed amendment.
IV. TIMES OF COMPLETION
A. Phase I shall be initiated immediately upon receipt of a signed
copy of this Agreement (Contract). It will be completed within
45 calendar days thereafter.
B. Initiation and completion dates for Phase II will be negotiated,
and incorporated into , this Agreement (Contract) by
amendment.
Sunrise Professional Center
— Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC.
Broward (305) 581-5700
Dade (305) 944-3251 Palm Beach (305) 368-7035
Mr. Elly Johnson
City Manager
-4-
September 19, 1984
If the preceding meets with your approval, it will serve as the Agreement (Contract)
by affixing the signatures in the spaces provided below.
Respectfully submitted,
JAMES M. MONTGOMERY,
CONSULTING ENGINEERS, INC.
sy: to '?/
.',or Glenn R. Humphrey, P.E.
Vice President
Accepted by the City of Tamarac, and Montgomery hereby is instructed to proceed
with Phase I.
APPROVED AS TO FORM:
WITNESS:
1
A417511
D to
D
at /
Date
Sunrise Professional Center — Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313
JA'MES M. MONTGOMERY, CONSULTING ENGINEERS, INC. Broward (305) 581-5700 Dade (305) 944-3251 Palm Beach (305) 368-7035
SCHEDULE OF FEES AND CONDITIONS
James M. Montgomery, Consulting Engineers, Inc.
A. FEES AND PAYMENT. Payment of the lump sum amount shall be in monthly
installments, in accordance with Montgomery's estimates of the percent completed as
of the end of each month, and shall be due within 30 days after date of monthly
invoices describing the work performed during the preceding month.
B. COMMENCEMENT OF WORK. The work will be commenced immediately upon
receipt of notice to proceed. If after commencement of work the project is delayed
for any reason beyond the control of Montgomery for more than 60 days, the terms and
conditions contained herein are subject to revision.
C. MISCELLANEOUS PROVISIONS
1. INSURANCE
(a) Montgomery will maintain insurance as will protect the Owner from claims
under the Worker's Compensation Laws and from General Liability and
Automobile claims for bodily injury, or property damage which may arise from
the negligent performance by its employees in the functions and services
required under this Agreement.
(b) Montgomery agrees to maintain Professional Liability insurance to protect
the owner from Montgomery's negligent acts, errors or omissions of a
professional nature; the total aggregate of Montgomery's professional liability,
however, to all parties related to this Agreement shall not excee %,_ao
0,080-or the
total amount of Montgomery's fee, whichever amount is greater.1v/0
00
Z. DOCUMENTS
(a) All tracings, survey notes, and other original documents as instruments of
service are and shall remain the property of Montgomery, except where by law
or precedent these documents become public property. The client agrees to hold
harmless, indemnify and defend Montgomery against all damages, claims,
expenses and losses arising out of any reuse of the plans and specifications
without the written authorization of Montgomery.
(b) All computer programs, software and other like data developed during the
course of the project, unless specifically developed for the client, are and shall
remain the sole property of Montgomery.
(c) Montgomery's liability to client for any computer programs, software
products or related data furnished hereunder is limited solely to the correction
of residual errors, minor maintenance, or update as agreed. Montgomery makes
no warranties of any kind, including any implied warranty or of merchantabilty
or of fitness for any particular purpose or against infringement, with respect to
computer programs, software products, related data, technical information or
technical assistance provided by Montgomery under this Agreement. In no event
shall Montgomery, its officers, agents or employees be liable under or in
connection with this Agreement under any theory of tort, contract, strict
liability, negligence, or other legal or equitable theory for incidental or
consequential damages relating to any computer programs, software products or
related data furnished hereunder.
Sunrise Professional Center — Suite 208 5975 West Sunrise Boulevard Fort Lauderdale, Florida 33313
JA'MES M. MONTGOMERY, CONSULTING ENGINEERS. INC. Broward (305) 581-5700 Dade (305) 944-3251 Pafm Beach (305) 368-7035
3. TERMINATION OR ABANDONMENT. If any portion of the work is terminated
or abandoned by the client then the provisions of this Schedule of Fees and Conditions
in regard to compensation and payment shall apply insofar as possible to that portion of
the work not terminated or abandoned. If said termination occurs prior to completion
of any phase of the project, the fee for services performed during such phase shall be
based on Montgomery's reasonable estimate of the portion of such phase completed
prior to said termination, plus a reasonable amount to reimburse Montgomery for
termination costs.
4. REVISION OF TERMS. If notice to proceed is delayed for any reason beyond 60
days, the terms and conditions contained in this schedule are subject to revision.
5. ATTORNEY'S FEES. If either party becomes involved in litigation arising out of
this contract or the performance thereof, the court in such litigation may award
reasonable costs and expenses, including attorney's fees to the party justly entitled
thereto.
6. SUCCESSORS AND ASSIGNS. All of the terms, conditions and provisions hereof
shall inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns provided, however, that no assignment of the contract shall be
made without written consent of the parties to the agreement.
?. CONSTRUCTION ESTIMATES. Estimates of cost for the facilities considered
and designed under this Agreement are prepared by Montgomery through exercise of
its experience and judgement in applying presently available cost data, but it is
recognized that Montgomery has no control over cost of labor and materials, or over
the Contractor's methods of determining prices, or over competitive bidding
procedures, market conditions, and unknown field conditions so that it cannot and does
not guarantee that proposals, bids or the project construction costs will not vary from
its cost estimates.
8. SITE VISITS. Visits to the construction site and observations made by
Montgomery as part of Construction Management Services under this Agreement shall
not make Montgomery responsible for, nor relieve the construction contractor(s) of the
obligation to conduct comprehensive monitoring of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall not make
Montgomery responsible for, nor relieve the construction contractor(s) of the full
responsibility 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 Montgomery are not to be construed as part of the monitoring duties of the
onsite monitoring personnel defined below.
9. ONSITE MONITORING. When Montgomery provides onsite monitoring personnel
as a part of Construction Management Services under this Agreement, the onsite
monitoring personnel will make reasonable efforts to guard the client 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 monitoring
will not, however, cause Montgomery to be responsible for those duties and
responsibilities which belong to the construction contractor(s) and which include, but
are not limited to, full responsibility for the means, methods, techniques, sequences
and progress of construction and the safety precautions incidental thereto and for
performing the construction work in accordance with the Contract Documents.