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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-313Introduced by: LIZ& I Tamp. # 3323 1 2 3 4 r 5 t 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t 29 31 32 33 34 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.