HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-009Temp. Reso. #11128 - January 23, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007 - JI
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO APPROVE AND
ACCEPT TASK AUTHORIZATION NO. 07-03E AND
EXECUTE AN AGREEMENT WITH CARTER & BURGESS,
INC., TO PROVIDE ENGINEERING SERVICES RELATED TO
THE CITY OF TAMARAC INTEGRATED
BIKEWAY/WALKWAY SYSTEM FEASIBILITY STUDY, PER
THE EXISTING AGREEMENT WITH CARTER & BURGESS,
INC., FOR CONTINUING ENGINEERING SERVICES;
AUTHORIZING AN EXPENDITURE NOT TO EXCEED
$74,910; APPROVING FUNDING IN THE AMOUNT OF
$74,910 FROM THE APPROPRIATE ACCOUNTS;
APPROVING ALL NECESSARY BUDGET TRANSFERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment; and
WHEREAS, the City of Tamarac wishes to establish an integrated
bikeway/walkway system providing a safe connectivity between City facilities, schools,
shopping areas, residential areas and the Broward County Greenway system which
enhances multi modal transportation, wellness and recreational activities; and
WHEREAS, a feasibility study and market analysis assessing the elements
necessary to successfully determine the viability of designing and constructing an
integrated bikeway/walkway system within the City of Tamarac will provide invaluable
information on this project; and
Temp. Reso. #11128 - January 23, 2007
Page 2
WHEREAS, with the passage and adoption of Resolution No. R-2006-131, the
City of Tamarac entered into agreements with ten (10) consulting firms to provide
engineering and architectural continuing services for a period of three years on an "as
needed" basis; and
WHEREAS, the firm of Carter & Burgess, Inc., was one of the firms approved for
these professional services; and
WHEREAS, the proposal received from Carter & Burgess, Inc., for professional
services in connection with the City of Tamarac Integrated Bikeway/Walkway System
Feasibility Study, was reviewed to determine cost and responsiveness to the City's
needs; and
WHEREAS, it has been determined that Carter & Burgess, Inc., possesses the
required knowledge and experience to provide the necessary services relating to the
City of Tamarac Integrated Bikeway/Walkway System Feasibility Study; and
WHEREAS, based upon fee estimates provided by Carter & Burgess, Inc., an
expenditure not to exceed $74,910, for professional services is recommended; and
WHEREAS, funds are available for said purpose; and
WHEREAS, it is the recommendation of the Director of Parks and Recreation
and the Purchasing and Contracts Manager that the City of Tamarac approve and
accept Task Authorization No. 07-03E and execute an Agreement between the City of
Tamarac and Carter & Burgess, Inc., for the provision of professional services, for an
amount not to exceed $74,910, relating to the City of Tamarac Integrated
Bikeway/Walkway System Feasibility Study; and
Temp. Reso. #11128 - January 23, 2007
Page 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the City of Tamarac to approve and accept Task Authorization
No. 07-03E and execute an Agreement between the City of Tamarac and Carter &
Burgess, Inc., for the provision of professional services, for an amount not to exceed
$74,910, related to the City of Tamarac Integrated Bikeway/Walkway System Feasibility
Study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: The foregoing Whereas clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution upon adoption
hereof.
SECTION 2: The appropriate City officials are hereby authorized to approve and
accept Task Authorization No. 07-03E and execute an Agreement for professional services
with Carter & Burgess, Inc., in an amount not to exceed $74,910, a copy of which is
attached hereto as "Exhibit 1 ".
SECTION 3: That funding will be available in the appropriate Capital Improvement
Accounts.
SECTION 4: All necessary budget transfers are hereby approved.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. #11128 - January 23, 2007
Page 4
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /''day of 2007.
:e�� A�
w- v �� �z.
BETH FLANSBAUM-TALABISCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRA 4
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
it M
of Tamarac �i Purchasing &_Contracts Division
'Mill,
.,
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARTER & BURGESS, INC.
THIS AGREEMENT is made and entered into thisLq-, day of FebrV
2007, by and between the City of Tamarac, a municipal corporation with principrAl offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Carter & Burgess, Inc.,
a Texas corporation with principal offices located at 777 Main Street, Fort Worth, TX 76102
(the "Consultant") to provide for an integrated bikeway / walkway system feasibility study.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement under this Task
Authorization No. 07-03E, the Professional Services Agreement No. 06-06R, for "as
needed" Task Engineering Services, and Attachment "A" of this agreement, known as
Carter & Burgess Proposal Project No. 470439.102, including all conditions therein,
(including any General Terms and Conditions, Supplementary Conditions, Statement of
Work or any other provisions contained within the document), any and all addenda,
Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable),
and insurance certificate(s), the City Resolution awarding the project, and all modifications
issued after execution of this Agreement. These documents form the Agreement, and all
are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In
the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment necessary
to complete the engineering services contained and detailed in
Attachment "A".
2.1.2 Consultant shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Consultant shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of
the work. Consultant shall at all times have a competent field
supervisor on the job site to enforce these policies and procedures at
the Consultant's expense.
2.1.3 Consultant shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
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City of Tamarac I" Purchasing & Contracts Division
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any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Consultant shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Consultant, its
employees, agents or sub -consultants, if any, with respect to the work
and services described herein.
2.1.5 Consultant shall not commence any itemized task work contained in
Attachment "A", without prior written approval by the City.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in
such form and amount as specified in the original bid or proposal document
or as required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Consultant shall maintain
such insurance in full force and effect during the life of this Agreement.
Consultant shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under
this Agreement. The Consultant will ensure that all subcontractors comply
with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Consultant shall indemnify and hold the City harmless for any damages
resulting from failure of the Consultant to take out and maintain such
insurance. Consultant's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Consultant shall be responsible for
payment of all deductibles and self-insurance retentions on Consultant's
Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. Completion of the Draft Feasibility Study shall be completed
within 120 calendar days of issuance the City's Notice to Proceed. The Final Feasibility
Report shall be completed within 30 days after City's comments of the Study.
5) Contract Sum
The Contract Sum for the above work is Seventy Four Thousand, Nine Hundred
Dollars and Ten Dollars and no cents ($74,910.00).
6) Payments
The City shall pay in full the Contract Sum to the Consultant upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
shall pay the Consultant for work performed subject to the specifications of the job and
of Tamarac Purchasing & Contracts Division
_._.
subject to any additions and deductions by subsequent change order provided in the
contract documents. All payments shall be governed by the Local Government Prompt
Payment Act, F.S., Part VII, Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents, elected
officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged: a).
Bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or
loss arising out of or resulting, or claimed to have resulted in whole or in part
from any actual or alleged act or omission of the Consultant, any sub -
Consultant, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable in the performance of the Work; or
b). violation of law, statute, ordinance, governmental administration order,
rule, regulation, or infringement of patent rights by Consultant in the
performance of the Work; or c). liens, claims or actions made by the
Consultant or any sub -consultant under workers compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. Any cost of
expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Consultant.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Consultant under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from
time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
age, national origin, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Consultant will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
of Tamarac ( Purchasing & Contracts Division
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orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Consultant further agrees that he/she will ensure that
Sub -consultants, if any, will be made aware of and will comply with this
nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Consultant is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to,
the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Consultant shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Consultant's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Consultant, which
policies of Consultant shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Consultant's funds provided for herein. The Consultant
agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the Consultant and
the City and the City will not be liable for any obligation incurred by Consultant, including
but not limited to unpaid minimum wages and/or overtime premiums.
10) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
of Tamarac Purchasing & Contracts Division
t
t
\. k OOV
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONSULTANT
Carter & Burgess, Inc.
777 Main Street
Fort Worth, TX 76102
(954) 315-1005
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the City to the
Consultant for such termination in which event the Consultant shall be paid
its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Consultant
abandons this Agreement or causes it to be terminated, Consultant shall
indemnify the city against loss pertaining to this termination.
12.2 Default by Consultant: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Consultant neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Consultant of written notice of such neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Consultant shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of
its obligations under this Agreement and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
13.2 Neither party shall, however, be excused from performance if nonperformance
is due to forces, which are preventable, removable, or remediable, and which
the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the
5
....... l
of Tamarac Purchasing &Contracts Division
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
16) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in anyjurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Consultant and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Consultant and the City.
19) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any party to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
of Tamarac
& Contracts Division
Mayor and City Manager, and CONSULTANT, signing by and through its Managing
Principal, duly authorized to execute same.
ATTEST:
W ice.,
Marion Swenson, CMC
City Clerk
CITY OF TAMARAC
A4
Beth Flansbaum-Talabisco, Mayor
D t �—
r( ( . /ziWe,
—Jiffrey L. iller, City Manager
D te:
a�21103 Approved as to form and legal sufficiency:
D t- e
C. City Attorney
ATTEST:
( orporate Secretary)
rporate Secy.
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fi�Bi�e��r�PiP P.�449191°+i tk
Carter & Burgess, Inc.
Company Name
4;� /
atur of� naging Principal
Joseph Yesbeck, P.E.
Type/Print Name of Managing Principal
I - 3� - aoo7
Date
tF M
of Tamarac j' Purchasing & Contracts Division
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CORPORATE ACKNOWLEDGEMENT
STATE OF F1.-tD z,b }
:SS
COUNTY OF S2 ow A Q-
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Joseph Yesbeck, Managing Principal, of Carter & Burgess, Inc.
a Texas Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
31
WITNESS my hand and official seal this. day of 3 ANU,42-,4 , 2007.
Deanna A. Gray _ Signature f N Public
Commission #DD328104
State of Florid at arge
`I:oe Expires: Jun 13, 2008
Bonded T m
Atlantic Bonding Co., Inc. _) C A N N A A . C-7 �Zl+q
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
® DID NOT take an oath.
0
ATTACHMENT A
CarternSurgess
CITY OF TAMARAC
WORK AUTHORIZATION FOR PROFESSIONAL SERVICES
Consultant: Carter &Muss, Inc. Project No. 470439.102
Address: 6363 NW 6 Way
Ft. Lauderdale FL 33309
Agreement Description: Professional Services
Work Authorization No.: 470109.102
Agreement for "as needed" Task Engineering Services,
Resolution #
dated July 12 2006.
Effective Date
Financial ID No. For Work Authorization:
Construction Budget $. NIA
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Stud
In accordance with the above referenced agreement, you are authorized to perform the tasks detailed in attached
Exhibit A(Scope of Services). All required services will be completed on or before: see Exhibit "C"
The total amount or the limiting amount of the compensation will be: $ 74,910. unless additional services
are authorized by the City.
Compensation elements are as follows:
Task
Method of
Amount
Project Code
(See scope for complete descriptions)
Compensation
($)
1. Identify bicycle barriers & opportunities
Lump Sum Amount
9,820.
2. Analysis of demographics and trends.
Lump Sum amount
5,000.
3. Inventory streets and public rights
Lump Sum amount
19,890.
4. Determine type, style and size of facility
Lump Sum amount
5,930.
5. Determine Infrastructure required.
Lump Sum amount
4,710.
6. Identify site location and design layout.
Lump Sum amount
9,560.
7. Capital and annual operating costs.
Lump Sum amount
4,040.
8. Indirect revenues from facilities.
Lump Sum amount
4,520.
9. Potential funding sources
Lump Sum amount
4,520.
10. Determine economic viability
Lump Sum amount
5,920.
11. Reimbursable Direct Expenses
Estimate
1,000.
Total 74 910.
Other Notes: This Work Authorization is subject to the terms and conditions of the continuing services Contract
between The City of Tamarac and Carter & Burgess, Inc., dated July 12, 2006. Each Party acknowledges
agreement with this Work Authorization by signing and dating all copies of the Work Authorization. One executed
cony is to be returned to Carter & Burgess, Inc. and the remaining copies are for the City records.
City of Tamarac Approval:
City Manager
(Signature) (Date)
City Clerk
(Signature) (Date)
Carter & Burgess, Inc. Acceptance:
Joe Yesbeck, P.E.,
Office Manager (Signature) Date
Carter & Burgess. Ir►c. 6363 N. W. 6 Way, Fort Lauderdale, FL 33309
'ref. 9i4-31i-1001 Fax: 954-315-lWtl
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G:lproductionUnd-DevelopmentW70439U3tW Mike Feasibility StudylWA-Tamar2c-Sikeway470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
Exhibit A
Scope of Services
We are pleased to submit this work authorization for Design and Consulting Services in
connection with the services as the Design Professional and General Consultant to the City.
Description of Project
SCOPE OF SERVICES
The City of Tamarac wishes to establish an integrated bikeway/walkway system providing a
safe connectivity between City facilities, schools, shopping areas, residential areas and
Broward County Greenway which enhances multi modal transportation and wellness and
recreational opportunities: The scope of services consists of preparing a feasibility study and
providing a market analysis assessing the elements necessary to successfully determine the
Viability of designing and constructing an integrated bikeway / walkway system within the City
of Tamarac.
The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles and
is located in central Broward County. The municipal limits stretch east to west from just west
of Powerline Road near 1-95, to the Sawgrass Expressway, and generally north to south from
Southgate Boulevard to Commercial Boulevard. The current population estimate is 57,726.
With convenient access to Florida's Turnpike, Sawgrass Expressway, and other major
thoroughfares as Commercial Boulevard and University Drive, Tamarac has evolved from a
retirement community into a place thriving with diversified demographic, economic, residential,
and recreational activities and opportunities. Along with the variety of businesses existing
along its major thoroughfares, Tamarac is proud to be home to Tamarac and Challenger
Elementary Schools and Millenium Middle School.
The scope of services for this project is to prepare a comprehensive feasibility study providing
market analysis and assessing the elements necessary to successfully determine the viability
of designing and constructing an integrated bikeway / walkway system throughout the City.
SERVICES TO BE PROVIDED
1. Identify, barriers, strengths, weaknesses and opportunities for bicycle travel.
2. Prepare analysis of demographics and market trends.
3. Inventory streets and public rights of ways for bicycle travel suitability.
4. Determine type, style and size of facility for the various uses.
5. Determine Infrastructure, parking and any other amenities required.
6. Identify appropriate site location and develop a design layout.
7. Estimate potential capital and annual operating costs.
8. Estimate indirect revenues from proposed facilities.
9. Identify potential funding sources and grant programs for construction/operation.
10. Determine economic viability
Carter & Kurgecs. Inc. 6363 N. W. 6 Way, Fort I auderdak, FL 33309
Tel: 954-315-1001 Fax: 954-315-1040
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G:4u-oduction%and-Development44704391ProposaABike Feasibility Study\WA-Tamarac-Bikeway-470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
DETAILED TASK ELEMENTS FOR SCOPE OF SERVICES
1. Identify, barriers, strenaths, weaknesses and opportunities for pedestrian and
bicycle travel.
1.1. Assist the City in conducting a "Bicycle and Pedestrian Friendly Community
Workshop". The Workshop will be used to:
1.1.1. Access the conditions of bicycling and pedestrians in the community
1.1.2. Provide an introduction of issues affecting bicycle and pedestrian safety
1.1.3. Create an informed action plan to improve conditions for cyclist and pedestrians
1.1.4. Encourage physical activity through bicycling and walking in the community
1.2. Identify community needs and concerns
1.2.1. Current bicycling habits and attitudes
1.2.2. Concerns and problems
1.2.3. Ideas for solutions and opportunities
1.3. Identify potential bicycling and pedestrians opportunities
1.3.1. Travel to work, school, recreational areas
1.4. Develop Vision and Goal Statements, and Performance Criteria
2. Prepare analysis of demographics and market trends.
2.1. Utilize existing data available from the US Census Bureau and the School Board of
Broward County to summarize the population trends and demographics in the City of
Tamarac.
3. Inventory streets and public rights of ways for bicycle travel suitability.
3.1. Determination of current levels of use for bicycling and walking transportation trips,
and current numbers of injuries and fatalities involving bicyclists and pedestrians.
These levels will be determined through interviews with City personnel, school
personnel, Police reports / interviews and compilation of existing available data from
the City, County and State. No physical traffic / pedestrian counts are anticipated at
this time.
3.2. Evaluation of the existing transportation infrastructure (including on and off -road
facilities) to determine current conditions and capacities and to identify gaps or
deficiencies in terms of accommodating potential and existing bicycle and pedestrian
travel. This evaluation will include a drive through visual survey, of the identified
bikeway / walkway primary routes. Representative photographs will be taken and
logged along the routes. This evaluation does not include a topographic land survey
Carter & Burgess. Inc. 636.1 N.W 6 Way, Fort Lauderdale, FL 33309
Tel: 954-315-1001 Fax: 954-315-1041)
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G:lproduction\[,nd-Development%4704391Pmpomi\Bikc Feasibility Study\WA-Tamane-Bikeway470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
of the bike routes. Topographic land surveys required for detailed design plans will be
conducted in the design phase for any proposed bikeway / walkway facilities.
3.3. Determination of the capacities and the type and security level of bicycle parking
offered at intermodal connections such as transit facilities and destination points.
3.4. Availability of bike -on -bus or bike -on -rail access; including hours service is available,
routes where available, and incentives and barriers to using the service (i.e., training,
permit, or additional charges required).
4. Determine type, style and size of facility for the various uses.
4.1. Identification of desired travel corridors for bicycle and pedestrian trips.
4.2. Examination of existing land use and zoning, and the patterns of land use in the
community.
4.3. For existing facilities Identify conformance with planning, design standards, and
agency policies to the extent to which they affect the accessibility of the transportation
system for bicyclists and pedestrians, e.g., do they meet policies and design guidance
issued by the American Association of State Highway and Transportation Officials
(AASHTO) for bicycle and pedestrian facilities?
4.4. Identify State and local laws and regulations affecting the vision and goals, e.g.,
growth management and trip reduction laws, or constitutional restraints on expending
highway funds on bicycle and pedestrian facilities.
4.5. Develop performance criteria and define important qualitative and quantitative
variables to be considered in determining the desirability and effectiveness of a
bicycle / walkway facility network.
5. Determine Infrastructure, parkins and any other amenities required.
5.1. Determine type and style of bicycling and walking facilities required based on use as a
transportation facility or recreational facility, as well as determination based on age
and category of cyclist and walker.
5.2. Determine needed modifications to the existing transportation system of on and off -
road facilities to meet the vision and goal statements.
5.3. Development and application of criteria to prioritize and to identify specific facility -
related improvements.
5.4. Identification of changes required to planning, design standards, and agency policies.
5.5. Specification of education, encouragement, and law enforcement components to
support facility development.
5.6. Identification of non -construction activities such as mapping, parking facilities, etc.,
that are needed to reach the vision and goals developed above.
5.7. Investigation of the effects on bicyclist and pedestrian safety.
Carter & Burgess, Inc. 6363 N. W. 6 Way, Fart Lauderdale, FL 33309
Tel: 954 315-1001 Fax: 954-315-1041)
I/_6/2007 Page 4 of 10
G.VWuctionUand-Development\470439\Proposal\Bike Rasibitity Study\WA-Tanmmc-Bikeway470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
5.8. The relationship of statewide, MPO, and local plans for bicyclists and pedestrians
5.9. Requirements for recreational bicycling and walking facilities such as recreational
trails.
5.10.Coordination of transportation and recreational bicycle and pedestrian facilities.
6. Identify soproarlate site location and develop a design layout.
6.1. Identify desired bicycle and pedestrian travel routes and corridors.
6.2. Evaluate and select specific route alternatives.
6.3. Select appropriate design treatments.
7. Estimate potential capital and annual operating costs.
7.1. Based on the identified facilities from 5., determine the estimate of probable
construction cost.
7.2. Utilizing information provided by the City of Tamarac, determine the estimate of
probable maintenance and operation cost of the proposed facilities.
8. Estimate indirect revenues from proposed facilities.
8.1. Utilize the Benefit -Cost analysis of Bicycle Facilities tool, as published by
bicyclinginfo.org, to estimate costs and determine the demand in terms of new
cyclists, and measured economic benefits (e.g., time savings, decreased health costs,
a more enjoyable ride, decreased pollution).
9. Identify potential funding sources and grant programs for construction / operation.
9.1. Review and identify existing potential funding sources and Grant programs that maybe
available for development of the identified bikeway / walkway facilities.
10. Recommendations for implementation and construction_ of Integrated Bikewav /
Walkway System.
10.1.Develop alternative scenarios and phasing plans for the implementation and
construction of Integrated Bikeway / Walkway System. The alternative scenarios and
phasing plans will take into account the economic viability of the recommended plan.
Carter & Burgess. Inc. 6363 X M 6 Way, Fort Lauderdale, Ff. 33309
Tek 95.1-315-1001 Fax: 954-315-10.10
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G:%pmductionU.and-Lkvelopmrnt\4704391ProposaMike FcasibiGtyStudy\WA-Tamarac-Bikcway-470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
DELIVERABLES
1. Provide Six (6) copies of the draft report to City staff, including all materials, handouts,
graphics, reports, etc. necessary to communicate the Tamarac Integrated Bikeway /
Walkway System, concepts with draft recommendations.
2. Provide 30 Thirty (30) copies of the final report and final recommendations, including all
drawings, blueprints, graphics and maps which will be incorporated into the final report at
maximum size of 11 x 17 inches.
3. Present final report to the City Commission.
Carter & Burgess. Inc. 6363 N.W. 6 Ray, Fort Lauderdale, FL 33309
TeL 954-315-1001 Fax: 954-315-1041t
U260W Page 6 of 10
G:lpmductionYand•Development14704391ProposallBike Feasibility StudylWA-Tamarac-Bikeway470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
Exhibit B
Work Authorization Terms
All terms and conditions shall be in conformance with the Agreement between the City of Urnarac and Carter & Burgess, Inc, dated July 12, 2006.
1. AUTHORIZATION TO PROCEED
Signing this Agreement shall be construed as authorization by the City of Tamarac (City) for Carter & Burgess, Inc to proceed with the Services, unless
otherwise provided for in this Agreement.
2. LUMP SUM
Lump sum compensation is calculated by reference to hourly schedule included in the July 12, 20M contract and estimated bours provided to the City during
negotiation. Actual hourly charges by classification against the lump sum may vary from the original estimated hours based on workload demands and other
factors; however, the lump sum amount of the contract will not change unless the project scope changes. The City will pay Carter & Burgess, Inc. on a
monthly basis, based on the percentage of the work element completed.
3. DIRECTEXPENSES
Direct Expenses (Reimbursable) shall be those costs incurred on or directly for the City's Project, including but not limited to necessary transportation frosts
including mileage at current rate when its automobiles are used, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of
actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by CB.
4. SCOPE CHANGES
In the event that CB believes that work outside of the scope of this contract has been requested or roust be undertaken, CB will notify the City Project
Manager in writing prior to performing the additional work. The City and CB will mat to address the Additional Services Request within one week of
notification. If it is agreed that additional services am warranted, the City and CB shall attempt to have the request placed on the next available City
Commission agenda CS shall begin work after City approval; however, if time constraints dictate quicker action. CB will undertake the additional work
after coming to agreement with the City during the initial mating with regards to the specific additional services.
5. COST FSTMATES
Any cost estimates provided by CB will be on a basis of experience and judgment. Since CB has no control over market conditions or bidding procedures,
CB does not warrant that bids or ultimate construction costs will not vary from these cost estimates.
6. PROFESSIONAL STANDARDS
CB shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in South Florida. for the
professional and technical soundness, accuracy, and adequacy of all design. drawings. specifications. and other work and materials famished under this
Agreement. CB makes no warranty, expressed or implied.
7. COMPENSATION SCHEDULE
CB will invoice the City on a monthly basis for services tendered the previous month. After receipt the City shall notify CB within seven (7) days of any
discrepancies or disputed items. If the invoice is acceptable, the City agrees to pay CB within thirty (30) days of date of invoice.
a. INFORMATION PROVIDED BY CLIENT
Historical maintenance and operation cost data for bikeway / walkways.
9. ADDITIONAL SERVICES
Additional services will be performed as authorized in writing by the Client. Additional services include but are not limited to the following:
- Landscape Architecture services.
- Utility locations.
- Construction stakeout.
- Topographic Land Survey
- Traffic Counts
- Traffic Studies
- Expert witness testimony.
- Any services required in connection with threatened or endangered species.
- Services required by additional governmental regulations which might be put into effect after the date of this agreement
- Any additional services requested by Client.
10. SCOPEOFSERVICEs
The scope of services is limited by the specific terns of this proposal. Except as stated specifically herein, no other service will beprovided except as "extra
work . subject to the fees hereinafter set forth. The terms hereof shall be construed in favor of the fire and all inferences and implications shall be deemed
to be for the benefit of the firth.
In reviewing this proposal for professional services, it should be understood that the proposal items and their corresponding fees do not necessarily represent
the M scope of services required for the project. Rather, it represents cur best effort to set forth thaw services which we believe to be those requested by
you, the Client, and/or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask that the Client
recognize that as a lmjca progresses the scope of service as originally defined may change in content to include work not initially identified. Several
factors will cause this to happen:
Carter & Burgess, Inc. 6363 N.IV. 6 Way, Fort Lauderdale, FL 33309
Tek 914-315-1001 Fax: 954-315-1041)
1/:'6/2007 Page 7 of 10
G:lproductionVind-Developmcnt4I70439\ProposaltBike Feasibility StudylWA-Tamarac-Bikeway470439.102.doe
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
1. Better understanding of the project and the Client's goals as progress on the project is nude.
2. Additional requirements identified by the Client.
3. New laws or governmental agency requirements.
As these influences occur and are identified, we will advise you of same and seek your direction as to how you wish to proceed. Work required as a result of
the above will be "extra work" outside of the original scope of services. Upon your direction, we will perform the work under the "Hourly Fee Schedule"
section of this proposal or we can provide you with a separate proposal should the scope so indicate.
11. FEES
The Fees set forth above are applicable for a period of six (6) months from the date of this proposal. If the work on any item to which a lump sum fee shall
apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item. If the work is initiated but not
concluded within said period regardless of the reason therefore, the balance of the fee due shall be increased at the rate of one percent (I %) per month for
each month the work continues until the warfc is complete. No prior notice of such adjustment shaft be required
12. PERMITS AND APPROVALS
The permits and agency approvals mentioned above ate those known to us to be required for projects of this kind, and we will apply for them as indicated.
However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that
the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may be
required. Should this arise, we will notify you and respond promptly to the requircmamt.
13. CONSTRUCTION REQUUMNIENTS
At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by
governmental agencies. the firm will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of
the work. which performance will be tendered by others. It will be necessary, therefore, for the firm to perform full -tine observation regarding some items
and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract
documents.
it shall be the City's responsibility to notify CB of the commencement of any work so that the firm may perform the necessary inspections and observations.
The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance
of the contractor. Moreover, and in addition to the required site visits, the firm must also prepare and review the as -built drawings during and at the end of
the construction period All of the services described in this paragraph constitute "extra wont", unless otherwise specifically sec forth in the "Scope of
Services". The cost of providing these services is not included in the Lump Sum foe, unless specifically indicated
The firm shall not be responsible for the quality or quantity of the work, the execution thereof, the techniques or sequences of construction. the safety and
security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith.
in performing the services required of it, the rum will use that degree of came and skill ordinarily exercised under similar circumstances, by reputable
raembes of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the firm by virtue of the
undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder, the firm shall not be liable for any
damages resulting from rmisfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the
expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of
the County.
The above stated services we the minimum level of services that the firm is obhgated to perform. The firm currently provides a complete range of
construction-.datad services which it will be happy to discuss with you at the time that your project is ready for construction.
14. PERMIT FEES: APPLICATION FEES: OUTSIDE CONSULTANT FEES
The service foes set forth herein do not include the payment of governmental agency submittal fees, review fees or permit fees, a any other charges assessed
by said agencies. Further, the service fees do not include the cyst of services provided by others. These fees shall be paid for by the Client. Should our firm
find it absolutely necessary to advance fees for the Client, said fees shall be reimbursed along with a service and handling fie upon receipt of the invoice for
same.
15. CLIENTS RESPONSIBILITIES
1. The Client shall provide full information regarding requirements for the project including a program, which shall set forth the design objectives,
constraints and expendability, special equipment and systems and site requirements.
2. The Client shall furnish the services of soil engineers or other consultants when such, services are deemed necessary. Such services shall include
test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary
operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations.
3. The Client shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract
Documents.
4. The Client shall furnish a Legal Description of the property and the appropriate Title information.
S. The Client shall execute all permit applications. As "Perrmimee", or "applicant" or "holder-, Owner shall be responsible for complying with the
conditions of all permits issued. in particular. Client shall be responsible for the safety of the Central Public during construction.
Garter & Burgess. [tic. 6363 N.W 6 Rimy, Fort 1d urlerrlale, Ff. 33309
Tel. 914-315-1001 Fox. 954-315-1041)
I/2612007 Pace 8 of 10
G:lproduction\Und-Development%4704391Proposa118ike Feasibifity Study\WA-Tamarac-Bikeway-470439.102.doc
City of Tamarac Work Authorization No.: 470439.102
Carter & Burgess, Inc. Project No.: 470439.102
Brief Task Description: City of Tamarac Integrated Bikeway / Walkway System Feasibility Study
Exhibit C
Preliminary Prolect Schedule
SCHEDULE
The schedule for the Project, based upon the anticipated timely reviews and comments of plans by the
City and Governmental review agencies is anticipated as follows:
Please note, the above schedule anticipates timely review and response by City Staff
Task
Task Duration
Completion Date
Draft Feasibility Study
4 Months
from NTP
Final Feasibility Report
1 month
After receiving comments
from City Staff on draft
feasibility Stud
Carter & Burgess, Inc. 6363 N.W. 6 Way, Fort Lauderdale, FL 33309
Tel: 954-315-1001 Fax: 954-315-1040
IP-6/2007 Page 9 of 10
G:IpmductionUAnd-Development1470439Vtgm"ike Feasibility Study\WA-Tamarac-B&eway-470439.102.doc
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