HomeMy WebLinkAboutCity of Tamarac Resolution R-92-050Temp. Reso. # 6237
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- --6Q
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH KIMLEY - HORN AND ASSOCIATES, INC.,
FOR TRAFFIC PLANNER/TRAFFIC ENGINEERING
SERVICES; AND PROVIDING AN EFFECTIVE DATE_
BE TT 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 Kimley - Horn
and Associates, Inc., for traffic planner/traffic engineering
services, a copy of said agreement being attached hereto as
"Exhibit 1".
SECTION 2: This resolution shall become effective
immediately upon adoption. llu
PASSED, ADOPTED AND APPROVED this S day of ae�1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that
have
appTA�ved this Res o ion as
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CITY ATTO
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RECORD OF C)tMIL
MAYOR Gry
DISTRICT 1: M KV*Z
DISTRICT 2ZHvM,4Nnl
DISTRICT 3: 'ScrtR���1Q
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AGREEMENT BETWEEN THE CITY OF TAMARAC AND
KIMLEY•HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT made this _ZLL day of C 1992, by and
between The City of 1"amerac (the "City") and Kimley-Horn and Associates,
Inc., of Fort laudArdale. Elorida (the "Engineer"); City intends to undertake
WHEREAS, the City desires to engage the Engineer to perform certain
professional engineering services.
WHEREAS, the City and the Engineer desire to set forth herewith the
general terms and conditions whereby the Engineer will provide services
to the City, the particulars of each such engagement being set forth in the
attached Scope of Services or in an executed Individual Project Order
(IPO).
NOW, THEREFORE, the City and the Engineer, in consideration of their
mutual covenants herein, agree in respect of the performance of
professional engineering services by the Engineer and the payment of
those services by the City as set forth below:
0 ) The Engineer will furnish professional
engineering services for the City, as more specifically described in the
Scope of Services or the IPO, which are attached hereto as Exhibits A and
B respectively and incorporated herein by reference hereinafter (the
"Services").
(2) Additions) Services The undertaking of the Engineer to
perform professional Services under this Agreement extends only to the
services set forth in and more specifically described in the Scope of
Services of the IPO. if requested by the City and agreed to by the
Engineer, the Engineer will perform additional services ("Additional
Services") and shall be compensated as set forth below.
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(3) City's Rgsponsibilities. The City shall do the following in a
timely manner so as not to delay the services of the Engineer:
(a) Designate in writing a person to act as the City's
representative with respect to the services to be rendered under this
Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies
and decisions with respect to the Engineer's services for the Project.
(b) Provide all criteria and full information as to the City's
requirements for the Project, including objectives and constraints, space,
Capacity and performance requirements and expectations, flexibility and
expendability, and any budgetary limitation's; and furnish copies of all
design and construction' standards which the City will require to be
included in the drawings and specifications.
(C) Assist the Engineer by placing at its disposal all available
information. pertinent to the Project including previous reports and any
other data relative to studies, design, or construction or operation of the
Project.
(d) Arrange for access to and make all provisions for the Engineer
to enter upon public and private property as required for the Engineer to
perform services under this Agreement.
(e) Examine all studies, reports, sketches, drawings,
specifications, proposals and other documents presented by the Engineer,
obtain advice of an attorney, insurance counselor and other consultants as
the City deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay
the services of the Engineer. The Engineer shall have no liability to the
City for delays resulting from City's failure to review documents
promptly.
(f) Furnish approvals and permits for all government authorities
having jurisdiction over the Project and such approvals and consents from
others as my be necessary for completion of the Project.
(g) Provide such accounting, independent cost estimating and
insurance counseling services as may be required for the Project, such as
legal services as the City may require or the Engineer may reasonably
request with regard to legal issues pertaining to the Project including any
that may be raised by the contractor(s) employed by the City (hereinafter
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the "Contractors"), such auditing service . as the City may require to
ascertain how or for what purpose any Contractor has used the moneys
paid to him under the construction contract, and such inspection services
as the City may require to ascertain that Contractor(s) are complying with
any law, rule, regulation, ordinance, code or order applicable to their
furnishing and performing the work.
(h) If the City designates a person to represent City at the site
who is not the Engineer or the Engineer's agent or employee, the duties,
responsibilities and limitations of authority of such other person and the
effect thereof on the duties and responsibilities of the Engineer will be
set forth in an exhibit that is to be identified, attached to, and made a
part of this Agreement before such services begin.
W If more than one prime contract is to be awarded for
construction, materials, equipment and services for the entire project,
designate a person or organization to have authority and responsibility for
coordinating the activities among the various prime contractors.
(j) Furnish to the Engineer data or estimated figures as to the
• City's anticipated costs for services to be provided by others for the City
so that the Engineer may make the necessary findings to support opinions
of probable total Project costs.
(k) Attend the pre -bid conference, bid opening, pre -construction
conferences, construction progress and other job -related meetings and
substantial completion inspections and final payment inspections.
(1) Give prompt written notice to the Engineer whenever the City
observes or otherwise becomes aware of any development that affects the
scope or timing of Engineer's services, or nay defect or nonconformance in
any aspect of the Project.
(m) Bear all costs incident to compliance with the requirements of
this paragraph.
(4) e r@, •od -of _Service.
(a) The provisions of this section and the various rates of
compensation for the Engineer provided for elsewhere in this Agreement
have been agreed to in anticipation of the orderly and continuous progress
of the Project through the Construction Phase.
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(b) The Engineer shall begin work promptly after receipt of a fully
executed copy of this Agreement and will complete the Services described
in the Scope of Services or the IPO within the time schedule mutually
agreed upon in each IPO. The times for performance established in such
schedule shall be extended as necessary for periods of delay resulting
from strikes, natural disasters, and similar circumstances of which the
Engineer has no control. If the City requests in writing significant
modifications in the scope of the Project, the time of performance of the
Engineer's Services shall be adjusted appropriately.
(c) In addition, if the Engineer's Services or any required
Additional Services are delayed or suspended in .whole or in part for more
than three (3) months, either party may elect to terminate by written
notice to the other.
(d) The Engineer's receipt of a fully executed copy of this
Agreement shall constitute written notice for it to proceed with
performance of the Services.
. (5) Compensation.
(a) For services described in Exhibit A, the Engineer's
compensation shall be a lump sum fee of $29,160.00. For Services
described in Exhibit B, the Engineer's compensation shall be computed on
-the basis set forth in Exhibit C, which is attached hereto and incorporated
herein by reference.
(b) If so provided in Exhibit C, direct expenses incurred by the
Engineer in providing the Services described in Exhibit B shall be
reimbursed to the Engineer. Subject to the foregoing, reimbursable direct
expenses shall mean the actual expenses incurred directly by the Engineer
in Connection with performance of the Services, including, but not limited
to, reasonable expenses for transportation and subsistence incident
thereto; obtaining bids or proposals; toll telephone calls and telegrams;
computer services; and reproduction of reports, drawings, specifications
and similar items.
(c) If the Engineer's compensation hereunder is on an hourly,
rather than a lump sum fee basis, the parties have estimated costs and
expenses for the various portions of the scope of work described in
Exhibit B, and such costs and expenses are set forth in Exhibit C. Services
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undertaken by the Engineer exceeding the estimates set forth in Exhibit C
shall not be the liability of the City unless the services have been
specifically requested by the City in writing, and the Engineer has
obtained a written agreement for payment from the City.
(6) Compensation for Additional Servicel, If upon the request of
the City, the Engineer agrees to perform Additional Service hereunder, the
City shall issue an IPO for the performance of such Additional Services,
unless said services are otherwise provided for.
(7) Pavment of Services.
(a) Invoices will be submitted by the Engineer to the City monthly
for services performed and expenses incurred pursuant to this Agreement
during the prior month. When the Engineer's compensation is on a lump
sum fee basis, the statements will be based upon the portion of total
Services actually completed at the time of billing. If the Engineer's
compensation is on an hourly basis, the statements shall be based on time
actually expended in providing the Services at the rates provided in
Exhibit C. Payment of each such invoice will be due within twenty-five
(25) days of the receipt thereof. If the City fails to make any payment due
the Engineer for services and expenses within thirty (30) days after the
Engineer's transmittal of its invoice therefor, the Engineer may, after
giving seven (7) days written notice to the City, suspend services under
this Agreement until it has been paid in full all amount due for services
and expenses.
(b) If the City objects to any statement submitted by the Engineer,
he shall so advise the Engineer in writing giving reasons within fourteen
(14) days of receipt of such bill. Engineer shall have 14 days to respond to
the city's written objections. Payout may be withheld until objections
have been resolved between the parties or settled pursuant to Section 14.
(c) The City acknowledges and agrees that the payment for
services rendered and expenses incurred by the Engineer pursuant to this
Agreement is not subject to any contingency unless the same is expressly
set forth in this Agreement.
(8) All documents including
drawings, specifications, and data or programs stored electronically,
. prepared or furnished by the Engineer (and the Engineer's independent
professional associates and consultants) pursuant to this Agreement shall
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considered to be instruments of professional service. Nevertheless, the
documents prepared under this agreement shall be transferred to the City
upon completion or termination of the Engineer's services. Such
documents are not intended or represented to be suitable for reuse by the
City or others on extensions of the Project or on any other Project. Any
reuse without written verification or adaptation by the Engineer for the
specific purpose intended will be at the City's sole risk and without
liability or legal exposure to the Engineer .or to the Engineer's independent
professional associates or consultants.
(9) Ooinions of Cow
(a) Since the Engineer has no control over the cost of labor,
materials, equipment or services furnished by others, or over methods of
determining prices, or over competitive bidding or market conditions, any
and all opinions as to costs rendered hereunder, including but not limited
to opinions as to the costs of construction and materials, shall be made on,
the basis of its experienced and qualified professional engineer, familiar
with the construction industry; but the Engineer cannot and does not
guarantee that proposals, bids or actual costs will not vary from opinions
of probable cost prepared by it. If at any time the City wishes greater
assurance as to the amount of any cost, it shall employ an independent
cost estimator to make such determination. Engineering services required
to bring costs within any limitation established by the City will be paid
for as Additional Services hereunder by the City.
(b) If a limit with respect to construction or other costs is
established by written agreement between the City and the Engineer, the
following will apply:
(i) The acceptance by the City at any time during the
performance of services hereunder of a revised opinion of probable
cost in, excess of the then established cost limit. will constitute a
corresponding revision in the previously agreed cost limit to the
extent indicated in such revised opinion,
(i i) Any cost limit so established will be deemed to provide
in addition a contingency of ten percent unless another amount is
agreed upon in writing.
(iii) The Engineer will be permitted to determine what
materials, equipment, component systems and types of construction
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are to be included in the drawings and specifications prepared by it
pursuant hereto and to make reasonable. adjustments in the extent of
the Project to bring it within the cost limit.
(iv) If the bidding or negotiating phase of the Project has not
commenced within six (6) months after completion of the Engineer's
design hereunder, the established cost limit will not be binding on
the Engineer, and the City shall consent to an adjustment in such
cost limit commensurate with any applicable change in the general
level of prices in the construction industry between the date of
completion of the Engineer's designs hereunder and the date on which
proposals or bids are sought.
(v) If the lowest bona fide proposal or bid exceeds the
established cost limit, the City shall (1) give written approval to
increase such cost limit, (2) authorize negotiating or rebidding the
Project within a reasonable time, or (3) cooperate in revising the
Project's extent or quality. In the case of (3), the Engineer shall,
without additional charge, modify the plans and specifications
prepared by it hereunder as necessary to bring the subject cost
within the cost limit. The providing of such service will be the
limit of the Engineer's responsibility in this regard and, having done
so, the Engineer shall be entitled to payment for its services in
accordance with this Agreement.
(1 Q) Termination.
This Agreement may be terminated by City or Engineer for
cause or by the City for convenience, upon thirty (30) days written notice
by the terminating party to the other party of such termination in which
event the Engineer shall be paid its compensation for services performed
to termination date including services reasonably related to termination.
In the event that the Engineer abandons this Agreement or causes it to be
terminated, it shall indemnify the City against loss pertaining to this
termination. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs and reports prepared by Engineer
shall be transferred to the City in accordance with the provisions of
Section (8) of this contract. Default by Engineer: In addition to all other
remedies available to the City, this Agreement shall be subject to
cancellation by the City should the Engineer neglect or fail to perform or
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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 Engineer, of written notice of such neglect or
failure; further engineer shall be in default if more than thirty (30) days
shall be required because of the nature of the default and Engineer fails
within said thirty (30) day period to commence .and thereafter diligently
proceed to cure such default.
(11) Compliance Miitb Laws.
Engineer agrees that he or she will, in the performance of work
and services under this Agreement, 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 Engineer, its
employees,' agents or consultant, if any, with respect to the work and
services described herein.
(12) IgAWraaQg&
Engineer shalt maintain in full force and effect during the life
of the Agreement, Workers' Compensation insurance covering all
• employees in performance of work under the contact. Engineer shall make
this same requirement of any of its subcontractors.
Engineer shalt indemnify and save City harmless from any
damage resulting to them for failure to either the Engineer or any
consultant to take out or maintain such insurance.
The following are required types and limits of insurance
coverage which Engineer agrees to maintain during the term of this
contract:
COMPREHENSIVE GENERAL LIABILITY EES PERRON AGraREGME
Comprehensive 1,000,000 11000,000
Prom ises•Operations
Contractual. Liability
Personal Injury
Explosion and Collapse
Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Independent Contractors
Cross Liability and Severability
of Interest Clause
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Comprehensive 500,000 1,000,000
Owner
Hired
Non -Owned
tl /It 500,000
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STATUTORY
w AMOUNT
R. + r♦ EEBEERSON AGGREQ&-a-.-
1,000,000
1,000,000
Neither Engineer nor any subcontractor
shall commence work
under this Agreement until they
have obtained all insurance required under
this section
and have supplied
City with evidence of
such coverage in the
form of a
Certificate of Insurance
and endorsement.
Engineer shall be
responsible
for delivery to the
City the certificate
of insurance for City
approval.
Such certificates shall be approved by City.
ALL INSURANCE COMPANIES PROVIDED SHOULD;
Be rated at least A+ Vli per Best's Key Rating Guide;
Be licensed to do business in Florida.
All policies should be Occurrence not Claims Made Forms
The Engineer shall name
insurance obtained, except
the City as a
for professional
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co-insured on all policies of
liability insurance.
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Engineer shall require insurance companies providing coverage to give City
thirty (30) days' written notice of its intent to cancel or terminate policy.
Engineer's insurance shall be primary.
(12) Standard of rf
In performing its professional services hereunder, the Engineer
will use that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable members of its profession practicing in the
same or similar locality.
(13) ,Indemnity,
(a) Engineer shall indemnify and save the City harmless from and
against any and all claims, suits, actions, damages and causes of action
arising out of this Agreement arising from the Engineer's negligent
performance of this Agreement, as measured' against the standard of
performance described in paragraph 12 above, and from and against all
reasonable costs, counsel fees, expenses, liabilities, judgements and
decrees incurred in, or arising out of, such negligence, or the defense of
any action or proceeding brought on them, and from and against ary crdwr,
judgments, or decrees which may be entered as a result of such
negligence. The covenants and representations relating to tris
indemnification provision shall serve the term of this Agreement and
continue in full force and effect as to the Engineer's responsitility to
indemnify City.
(b) It is specifically understood and agreed that the considerat'llon
inuring to Engineer for the execution of this Agreement are the prcmises.
payments covenants, rights and responsibilities contained herein, and i"e
award of this Contract to Engineer.
(14) Disputes,
All claims, counterclaims, disputes, and other matters it
question between the City and the Engineer arising out of this Agreement
or the breach thereof shall be decided by state judicial action.
(15) LitigationExQeensg2.h
If City or Engineer incurs any expense in enforcing the teams
of this Agreement, whether suit be brought or not, the nonprevailing party
agrees to pay all such costs and expenses including, but not limited to,
court or other action costs, interest, and reasonable attorneys fees,
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(16) Licenses,
The Engineer shall at his own expense obtain all necessary
permits, pay all licenses, fees and taxes, required to comply with all local
ordinances, state and federal laws, rules and regulations applicable to
business to be carried out under this Agreement.
(17) Records.
Engineer agrees to keep such records and accounts as may be
necessary in order to record complete and correct entries of a!! work
performed pursuant to the Agreement including, but not limited to, direct
personnel payroll and reimbursable expenses pertaining to this project.
Said records will be available for examination by City at Engineers offices
located at 5100 NW 33rd Avenue, #157 Fort Lauderdale, Florida.
(18) tJon-Disr-riminatir n.
The Engineer agrees that it will not discriminate agains! ary
of it employees or applicants for employment because of their racy, O,'or,
religion, sex, or national origin, and to abide by all Federal and State
regarding non-discrimination. The Engineer further agrees to insert t"e
foregoing provisions in all subcontracts hereunder except subcontracts for
standard commercial supplies or raw materials. Any violation of
provisions shall constitute a material breach of this Agreement.
(19) Inddepeoden Contractor.
Engineer is an independent contractor under this Agreement.
Personal services provided by the Engineer shall be by employees of V e
Engineer and subject to supervision by the Engineer, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities.
social security and health insurance, employee benefits, purchasing
policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Engineer.
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(20) News Relgasg�jeublic.Uy.
News releases, publicity releases, or advertisements
pertaining to this Project will not be made without prior City approval,
and then only in coordination with the Planning Department.
(21) Contract Dispute.
In the event that this contract is the subject of litigation
between the Engineer and the City, the parties hereto agree that this
contract shall be construed according to the laws of the State of Florida
and venue of such litigation shall be in Broward County.
(22) Completeness and Accuracy gf Vofk.
The Engineer shall be responsible for the completeness and
accuracy of its work, plans supporting data, and other documents prepared
or compiled under its obligation pursuant to this Agreement, and shall
correct at its expense all errors or omissions therein which may be
disclosed. The cost of the services necessary to correct those errors
attributable to the Engineer and any damages incurred by the City as a
result of additional costs caused by such errors shall be chargeable to the
Engineer. The fact that the City has accepted or approved the Engineer's
work shall in no way relieve the Engineer of any of its responsibilities.
This provision shall not apply to any maps, official records, contracts, or
other data that may be provided by the City or other public or semi-public
agencies which the Engineer should reasonably expect to be accurate and
which the Engineer could not reasonably be expected to know to be
inaccurate.
(20) Hzazlyd.4us Substances.
It is understood and agreed that in seeking the professional
services of the Engineer under this Agreement, the City does not request
the Engineer to undertake to perform any services, studies, or tests, or to
make any determinations involving or related in any manner to hazardous
substances, as defined by federal law, If any condition relating to a
hazardous substance, specifically including but not limited to asbestos, is
observed by the Engineer or is alleged during the course of the
performance of the services hereunder, the Engineer shall have the right
to cease all service hereunder until the hazardous substance condition has
been eliminated. The Engineer shall notify the City of such condition, and
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the City shall be solely responsible for the elimination of the hazardous
substance condition. If the services to be performed by the Engineer
hereunder cannot be performed because of the existence of the hazardous
substance condition, the existence of the condition shall be deemed to be
substantial failure on the part of the City to perform in accordance with
the terms of this Agreement, through no fault of the Engineer, for the
purposes of termination under paragraph (10).
(24) i
This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstance, by
Engineer, without the prior written consent of the City. This Agreement
or any portion thereof, may not be subcontracted without the prior written
consent of the City.
(25)
The City hereby consents to the use and dissemination by the
Engineer of photographs of the Project and to the use by the Engineer of
facts, data and information obtained by the Engineer in the performance of
the services hereunder.
(26) Binding --Effect,
This Agreement shall bind, and the benefits thereof shall inure
to the respective parties hereto, their legal representatives, executors,
administrators, successors and assigns.
(27) Merger- 6mendment.
This Agreement constitutes the entire Agreement between the
Engineer 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 Engineer
and the City.
(28) Notia"-
Whenever either party desires to give notice unto any other
party, 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 places last specified, and the places for giving of notice
shall remain such until they snail have been changed by written notice in
compliance with the provisions of this paragraph, For the present, the
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Parties designate the foilowing as the respective places for giving of
notice, to -wit:
MR
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
With a copy to the City Attorney
7525 N.W. 88th Avenue
Tamarac, Florida 33321
Kimley-Morn and Associates, Inc.
Richard W. Mercer, P.E.
5100 N.W. 33rd Avenue, #157
Fort Lauderdale, Florida 33309
(29)
Any provision in this Agreement that is prohibited or
unenforceable in any jurisdiction 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. Also, 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.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and
seals the day and year first written above.
ATTEST:
CAROLEVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this DOCUMENT
tarbrm. /
MITCHELL S. �A
CITY ATTORNEY
H .BENDER
MAYOR
CITY OF TAMARAC
APPROVED AT MEETING OF V 9/ 9�
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared H.L. Bender as Mayor of the City
of Tamarac to me known to be the person described in and who
is authorized to execute the foregoing instrument and he
acknowledged before me that heexecuted the same.
WITNESS my hand and o ficial seal in the State and County last
aforesaid this / day of , 1992.
NOTARY PUBLIC
My Commission Expires:
NOTARY PUBLIC STATE OP FLOM � 5
MY COMMISSION EXP. Nov. 661990
BONDED THRU GENERAL INS. UND. .
(C le- 5,2- - S7) 4 1
---- - -------
KIMLEY-HORN AND ASSOCIATES, INC.
5100 N rd, AVENUE #15
FOR LAU RDALE, FL 33309
i
BY: J
RICHARD W. MERCER
ASSISTANT SECRETARY (SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally Richard W. Mercer as Assistant Secret ,y
of KIMLEY-HORN AND ASSOCIATES, INC., to me known to be the person
described in and who is authorized to execute the foregoing instrument
• and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the State and County last
aforesaid this 24th day of March 1992.
My Commission Expires: / 29- ?6
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MY COMMISSION 9 CC 177100
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WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN THE INSURANCE AFFORDED BY THE POLICIES PESCRIBED HEREIN IS SUDJE'
TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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(GENERAL LIABILITY }R - �i _ I GENERAL AGGREGATE 12/000/0
Al(X) COMMERCIAL GENERAL LIABILITY 35ACM21679521 09/01/91 09/01/92 PRODUCTS-COMP/OP AGG. 12,000,0
(? CLAIMS MADE (X) OCGUR. I I PERSONAL 6 ADV. INJURY 11,000,0
( 3 OWNER'S b CONTRACTOR'S PROT. EACH OCCURRENCE 11,000,0
( ) I FIkE DAMAGE (ANY ONE FIRE) I 50,0
I ( ) ( NED. EXPENSE (ANY ONE PERS) I 5,C
^AUTOMOBILE -LIABILITY
- I
-- (X) ANY AUTO 35FJ21679521 Y-49/01/91 � 09/01/92 1 GpMBINEG SINGLE LIMIT 11,000,C
€ 3 ftJLPuos6 hE UEAtI I BODILY INJURY (PER PERSON) I
HOk OprrUTOS I BODILY INJURY (PER ACC) I
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( ) PROPERTY DAMAGE I
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IEXCESSLIABI
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l) OTHER THAN UMBRELLA FORM I I AGGREGATE I
___ -------------------------------------- ____----___-..___-_..-_-________- _----- -- ------------LIMITS '-- -----------
SIATUIORY
B WORKER'S COMPENSATION 1300302 03/01/92 03/01/93 EACH ACCIDENT s 100,E
` AND I DISEASE -POLICY LIMIT 50 ,
I EMPLOYER'S LIABILITY I DISEASE -EACH EMPLOYEE $ 100,(
_-____ _ _..
_______________^__.__._f_-------------------------- .____.-___--i---------------- .----------------------
OTHER
I � I
-
'DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL-ITEMS
JOB.' THE CITY qIF TAMARAC TRAFFIC ENGINEERING SERVICES. CITY OF TAMARAC IS
ADD'L INSURED N REGARDS TO ABOVE JOB FOR GENERAL LIABILITY 6 AUTO LIABILITY
ONLY.
SAL �.CC�=L�IItWrSSS S:StrS C'FCRRF^eDe1RCCC:;.lL�W�S==G�aLSSSC`.3*!lC C:xS?SLXL'RxrC�S��.0 CTTw: aY:xacfe c7kR w�RX L'LL'L'L=':: C'IC _'L A'�tF �=�_sGrL L:
CERTIFICATE: HOLDER � CANCELLATION
CITY OF TAMARAC SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATINt KELLY CARPENTER EXPIRATION DATE THEREOF, THE SSUIN COMPANY WILL ENDEAVOR TO MAIL
752,E N.W. B8 AVENUE I 30 HAYS WRITTEN NOTICE TO TH CERT FICATE HOLDER NAMED TO THE LEFT,
TAMARAC FL I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODLIGATION OR LIABILITY
Z O COME 33321-2401 OF' ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
--------- _..____________.._-----------------------
AUTHORIZED�RE:PRESEt(TATIVE^^T ~ ~
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GERTtFICATE OFINSUF�ANCE' N 11 ISSUE DATE IrµM(+�Dp)vY}
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r"CID CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICAT
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH
PROFESSIONAL LWUY CM$WAFjT$ POLICIES BELOW.
PG' BOX 6476 COMPANIES AFFORDING COVERAGE
HIGH MNT, NC 27282
INCUHF,D .
Kimley•-Horn & Associates, Tnc.
P.G. }'ipx .3:3068
Raleigh, NC 276,i6--3068
VOMPANY
LETTER A Security Insurance Company o1' HarLford
COMPANY
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THIS IS '10 CERTIFY (HAT THE h01.ICIES OF INSURANCE LISTER IWLOW HAvG PEEN I :,',UED TO THE INSURFD NAMED ABOVE FOR T►IE POLICY PERIOD r INDICATED, NOTWITHSIANDING ANY REOUInLIVENT. TERM OR Ct7NpITI0r1 Of ANY CONI I4ACT OR OTITER DOCUMENT W1711 RESPECT TO WHI1011 THIS
Or•HTIFICATF MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFI ORDED ftY THE POI 1(;IES DE3CI1IBED HF.r1rIN IS SVIIJECT TO AL L THE TF•RMS.
EXCI.USIONS ANO CONDITIONS OF SUCH POLICIF;;, LIMITS f;HUWN MAY HAVE BFFN REDUCFLI BY PAID VLAIMS.
CO1YrE OF INSUHANCE POLICY NUMBER rOL1CY [frcCTWE POLICY EXPIRATION
TR, PATE (hl4111J0/YY) DATE IMMIDp/YY) LIMITS
UCnCr.AL L1A0IL1IT
(%OMMEnCIAI GENERAL LIAHII.11 Y
CLAIMS MADF OCCUR
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AUTOMOBILE LIABILITY
ANY AUTO
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STATUTORY LIMITS
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1)18EASC• POJACY LIMIT S
DISEASE —EACH rMHLOYEE 1
01/01/V 01/01/93 Limit: $1,000,000
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):': The Cit,Y C1' T,'im;ar ac Tr,►1'I'.i r.' ErIgi t) (°p i ng
City Of
r) : Kel 1 Y t �tt'1�rnt•t r'
'I, N.M. 88 Avenue
171,
ACORD 26_S (719D)
CANCELLATION
'01OULD ANY Vr THE AHOVL• DESCRIBED POLICIES BE CANCELLED hrfFORE IHI-
C•XPINA'IIUI� DATE 'IIICREOF, 'IHC ISSOING COMI''ANY WILL I NDEAVOIA TO
MAI1. _ ��. DAYN WRITTEN NOTICE TO 'I t1E CERTIVIC'ATE HOI UGH NAIAFD TO THE
LcrT, HIJI I'AILURE 70 MAIL SLJ(:H NOTICE. SHALL IMP()SC NO 011iIGATION OR
LIAE,111 I I Y OF ANY HINT) 1,10014 THI' COMPANY. ITS A(:kNTS OR REI'RC:::E1)TA1IVLS.
•AUT110H1%Fp ItEP)1CiGNT �• �� '� ''"'��
._....._.,.........._. V)ACORD CORPORATION 1991
ki
KIMLEY-HORN AND ASSOCIATES, INC.
�o-si.l'+:�AA4`i' tbli�i►dlNG .�►U1'H4�t14e 'LQL�I
August 20, 1991
1. All Officers
2. All Principals, Senior Associates and Associates
3. Office Managers
MID -ATLANTIC:
CIarlottg
Donald H. Hicks
Virginia Beach
T. J. Bagby, III
Layne-E. Brandhagen
T. Fred Burchett, Jr.
Sam S. Stebbins. III
*Not a Principal, Senior Associate,
Associate or Officer
Raleigh
Barton J. Barham
Laura E. Barrett
Nathan B. Benson
Joe K. Doualdwn
Thomas K. Goodwin
John W. Horn
R. Michael Horn
Donald H, Kline
Bruce E. Leonard
Laurence J. Meitner
Cecil L. Narron
VW -nor T. Olmsted
William B. Pate
H. Dean Penny
Robert D. Vanderlyn
C. E. Vick, Jr.
Robert G. Wrighc
I'
" MAR-24-1992 16:00 FROM
0 Kimley-Horn and Associates, Tnc.
(Continued)
FLORIDA:
Fj_ Lauderdale
Richard W. Mercer
N. Craig Miller
Et. My G4
Deborah L. Calevich
Floyd T. Watson
ofludo
Daniel S. Brame
Laura B. Firtel
Steven G. Godfrey
R.�y C. Milir.r
�c113si
Wilbur F. Divine
Richard W. Ellis
Robert C. iritchford
T2mmltg
Michael N. Byrd
Bruce E. Friedwin
Christopher A. Squires•
YM
John C. AtO
William B. Messersmith
l-ft'd; i I V Wnsor
James W. Young
•Not a Principal, senlor AssoCUR6,
Associate or Officer
0
TO FT LAUDERDRLE P.03 V4
-2- August 20, 1991
West lla ftich
David R. Bardt
Donald L. Bartlett
Angelo D. Beccasio
Fred V. Bees -on, Jr.
John F. Benditz
Roscoe L. Biby
Mona J. Christie
B, Douglass Coomer
Kurt Cooper
David J. Eberspeakere
Charles L. Geer
t;raae L. L.orzynski
Ro6srt 11-44owell
Kevin McAdams
Stephen J. Ckabrink
Brooks n. reed
ll n. 1113 1% v,.11, ft A , 11
John E. Potts
Denis L. Richards
Robert G. Shaffer
Franklin A. Shutt&
David W. Stewart
Karold D. Viax
Jacob Wittenberg
Mark S. Wilson
Frederick W. Worstell*
Z 9�z
I - pl.m'n =!-1 —ic-ao rnom
0 K.imley-Horn mid Associates, Inc.
CuaLmabl $inuluu AULhV&4aLiV&4 (CVIAU&b...:d)
DALLAS CIVIL:
Milu
Jotin raul Hubert*'/*
David C. Johnatan
Thomas P. Jones
John N. Maggiore*
Roy L. Wilshire
SYSTEMS:
Da1taJ.
James D. Carvell, Jr.
David C. Johnston
Wayne Kurfees
Hollis A. Walker, Jr.
Roy L. Wilshire
Phoenix
Gregory E. Evans
Blau G. Marsden
Henry B. Wall, III
CALIFORNIA:
Crange
J. Todd Chavers
Jerry W, Ingram
Chris R. Swenson
Las Veass
J. Steven Mifflin
**Contract amounts to $10.000 only
*Not a Principal, Senior Associate,
Associate or Officer
0
TO r T Lnuza eD'iLC r"%. O-t O 4
-3- August 20. 1991
TOTAL F. N
,,2- SZ /r
1]
PAGE 1 OF EXHIAIT A
SCOPE OF SERVICES
TRANSPORTATION NEEDS ANALYSIS
AND IMPACT FEE UPDATE
The purpose of this study is to achieve the following objectives:
1. Identify existing LOS deficiencies, if any.
2. Project roadway needs for 2010 based upon projected growth in the City of
Tamarac.
3. Project funding and any shortfall.
4. Reassess the cost per trip in the impact fee and make an adjustment, if
necessary.
5. Identify improvements that should be funded with impact fees.
6. Review the existing impact fee system and ordinance and recommend other
changes as needed. (optional task)
The following tasks are designed to achieve the objectives of the study.
Task.I - An ysiis of Existitlg_Cond11iQns
In order to identify existing roadway system deficiencies, we will undertake an analysis of
existing conditions within the City of Tamarac. This analysis will focus on identifying
locations which do not meet the level of service (LOS) standards which are defined in the
City's Comprehensive Plan. Existing land use data will be provided by the City.
Existing daily traffic volume counts which are available from Broward County and volumes
contained in the County's TRIPS system will be utilized along with daily capacities
established under the Florida Highway Systems Plan and refinements from the County to
determine the existing LOS of all State and County roadways within the City.
Since current daily traffic volumes are generally not available for streets under city
jurisdiction, it will be necessary to undertake some traffic counts on City collector streets
in order to define the existing LOS for each. We propose to collect up to ten (10) 24-hour
machine traffic counts in order to determine daily traffic volumes for City Collectors where
LOS may be a problem. In addition to the proposed 24-hour machine counts, we anticipate
that about 10 peak period intersection turning movement counts may be necessary in order
0
PAGE 2 OF EXHIBIT A
to complete our assessment of existing conditions. These counts will be conducted by City
personnel under our direction, Observed daily volumes will be compared to capacities
established for collector facilities under the Florida Highway System Plan in order to
identify the LOS for each City collector. We will refine service volumes at up to five (5)
locations where 24-bour volume counts indicate there may be a LOS deficiency.
Field reviews will be undertaken during peak traffic periods at locations which are indicated
as having undesirable operating conditions. The purpose of these reviews will be to identify
physical features which may be contributing to operational difficulties or which night restrict
improvement options which may be considered.
We will also review historical traffic accident information furnished by the City to determine
if any locations are experiencing a pattern of accident occurrence which might be corrected
through the implementation of an appropriate traffic engineering improvement strategy.
.An analysis will be undertaken to identify projected LOS deficiencies based on build -out of
the City's Land Use Plan. For consistency with other planning efforts, the analysis will
assume build -out by the year 2010.
Traffic volumes for 2010 on State and County roadways and the anticipated regional
roadway network which is projected to exist at that time, will be obtained from Broward
County We will review the 2010 network in light of current funding levels and existing City
and County Capital improvement Programs and FDOT work programs to determine the
reasonableness of the projected network.
Year 2010 traffic projections will be developed for City collectors based on existing observed
volumes and the additional traffic which will be generated by the future development
potential within each roadway's watershed area. The development assumptions to be used
for these projections will be provided by the City. Future land use data will be aggregated
and tabulated by the City for each local collector 'tivatersbed" area.
Based on projected 2010 traffic volumes, the 2010 network, and roadway
Highway S P t capacities
identified in the Florida Hi
B Y Systems ys Plan, we will determine the projected LOS for
each arterial and collector roadway within the City. For each roadway segment projected
to have a LOS which does not meet the standard established for it in the City's
Comprehensive Plan, we will identify one or more alternative improvements which would
correct the deficiency. These improvements will be submitted to the City for review and
concurrence. For situations where two or more improvement alternatives exist, the City, will
select the preferred improvement for further consideration.
9,2- YD"I
0
PAGE 3 OF EXHIBrr A
Based on existing and future needs, a program of improvements to meet these needs will
be identified. Where cost estimates are available from existing curs, these will be used.
For City collector projects and others not contained in adopted C H's, estimates of probable
cost will be produced. Information on existing conditions, ROW widths, scheduled
improvements, etc. will be assembled by the City and provided to us for use in developing
improvement recommendations and projections of probable cost. Field measurements will
also be obtained by City staff as necessary. Existing improvement programs at the City,
County and State level will be examined to determine which identified needs within the City
will be met through already programmed improvements. _
We will work with City staff to develop appropriate criteria for prioritization of needed
improvement projects. These criteria will then be utilized to develop an initial prioritized
program of improvements for further consideration by the City.
TMk 4 ---Rennug EMLqStlons
• We will use information assembled and provided b the CS to identify '
revenues for funding the identified imprvements. We will identify funding sshortialls, whicand h
will provide the basis for the impact fee assessment.
k- Impact- Fee-IRdAte (OpAmalTask)
In order to adjust the traffic impact fees currently being charged by the City to reflect the
new program of future improvements, we will determine the approximate portion of
improvement costs for which no other source of funding exists. These costs will be exclusive
of any costs associated with correcting existing deficiencies.
From information provided by the City regarding future development which is allowable
under the current Land Use Plan, we will determine the incremental traffic generation
which would be associated with this additional development. We would then calculate a
new cost per trip for subsequent use by the City in determining the appropriate traffic
impact fee assessment for future development proposals. This task will also entail a limited
review of the 1985 impact fee program, and the improvements that have been made since
that program was implemented. Recommendations as to changes that could be made ip the
ordinance will be discussed with the City's attorney.
YA k n
City staff have expressed some reservation about which ro e
P ] cts are appropriate for impact
fee expenditure. We will review the project needs list and recommend appropriate impact
Fee projects. Additionally, we will provide criteria for the City to use in mating decisions
with respect to impact fee eligibility.
0
PAGE 4 OF EDIT A
To initiate a traffic monitoring program that City staff can maintain and keep up to date,
we will produce a LOTUS spreadsheet that contains the results of the City traffic counts
taken in the course of Task 1. We will provide this spreadsheet to the City for use in
updating this data
Under this task we would prepare for and attend up to four meetings with City staff to keep
staff apprised of the work underway and to obtain input and direction relative to subsequent
activities. It is anticipated that these meetings would occur for the following purposes
during the study.
- Review analysis of existing conditions (end of Task 1)
- Review determination of future needs (end of Task 2)
- Review initial improvement program recommendations (end of Task 3)
- Review impact fee update and project recommendations
This task would also include preparation for and attendance at up to two public
bearings/presentations regarding the results of the study. It is assumed these presentations
would be before the Planning Commission.
We will prepare a summary report documenting the study methodology and findings and
describing the basis for the updated impact fee determination. Twenty five (25) copies of
the report will be provided to the City.
0
9'- a
9
PAGE 1 of EXHIBIT B
SCOPE OF ENGINEER'S AS -NEEDED SERVICES
(B-1) The Engineer shall provide such services as may be required and requested by the
client on an as -needed, individual project order (IPO) basis. Each assignment will be
authorized by the Client's representative (as defined in paragraph (3)(a) of this agreement)
verbally, or in writing, but in all cases, will be followed up with an official written IPO
(example included in this exhibit) that identifies the services to be rendered and the basis
of compensation as provided for in Exhibit C.
Services to be provided may include, but are not limited to, the following general areas.
• Development review services related to plats, site plans and other land
development actions, including
- Right -of -Way acquisition requirements
- Conformance with City's Comprehensive, Plan, County Trafficways
Plan and other applicable regulations
- Adequacy of access, circulation and parking facilities
- Off -site impacts
Compliance with concurrency requirements
Feasibility of proposed mitigation measures
- Traffic impact Analysis methodology and conclusions
Participation in discussions and bearings conducted by various
Boards, Commissions and City Council.
• Evaluation of transportation impacts associated with proposed land use
and zoning amendments.
• Transportation planning studies.
• Traffic operational and safety studies.
• Design of roadway, bridge, and intersection improvements.
0 0 Development of strategic financing plans for infrastructure improvements.
0
PAGE 2 OF EXHIBff B
• General civil engineering.
• Environmental analysis and engineering.
• Construction phase services.
• Comprehensive DRI services.
(B2) The schedule for the services listed above will be mutually agreed to on an individual
project basis. This schedule will be set forth, as appropriate, in each individual project
order.
(B3) ]PO defined -
An "IPO" as used herein shall be a letter, or verbal communication followed up by a
letter, that: 1) describes the professional services to be rendered, 2) the basis of
compensation and 3) the schedule to complete the services. All of these elements shall be
mutually agreed upon by the Client and the Engineer. An example of a possible IPO is
included in this exhibit.
•
11
�1
0
EXAMPLE PAGE 3 of EXHIBIT B
INDIVIDUAL PROJECT ORDER
Describing a specific agreement between The Oily of T=jWAc (the Client) and
Kimley-Horn and Associates, Inc. (the Engineer), in accordance with the terms of the master
agreement for engineering services dated
IDENTIFICATION OF PROJECT. -
GENERAL CATEGORY OF SERVICES:
SPECIFIC SCOPE OF BASIC SERVICES:
ADDITIONAL SERVICES IF REQUIRED:
PROPOSED SCHEDULE:
DELIVERABLES:
METHOD OF COMPENSATION:
TERMS OF COMPENSATION:
OTHER TERMS OF PROTECT ORDER:
ACCEPTED:
CITY OF TAMARAC
BY:
DATE:
KIMLEY--HORN AND ASSOCIATF,SJ NC,
BY:
DATE:
e
COMPENSATION OF ENGINEER
(CI) The Engineer's compensation for the services set forth in Exhibit B shall be provided
either on a lump sum basis or on an hourly rate basis, depending on whether or not the
scope of services for each Individual Project Order (IPO) can be clearly defined.
(a) - For IPO's that contain a well-defined scope of services, the
Engineer will be compensated on a mutually agreed upon lump sum basis for
each IPO.
(b) Murlyi - For IPO's that contain an undefined scope of services, the
Engineer shall be compensated on the basis of the Engineer's hourly rates in
effect at the time the services are performed for the services actually performed
plus direct expenses tunes 1.15, for each IPO.
(c) RXbrid co=ensition JWis- For IPO's that contain a combination of clearly
defined and undefined scope, a compensation plan containing a mutually agreed
upon lump sum arrangement for the defined services, and an hourly rate basis of
compensation for the undefined services, will be provided with each IPO.
(C2) The Client shall pay the Engineer for all reimbursable direct expenses, as defined in
paragraph (5), (6), incurred by the Engineer in providing these services multiplied by a
factor of 1.15.