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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 tQf fof-m.. TCHELL S. CITY ATTO 3bl RECORD OF C)tMIL MAYOR Gry DISTRICT 1: M KV*Z DISTRICT 2ZHvM,4Nnl DISTRICT 3: 'ScrtR���1Q C�DI �42RAW A2 DISTRICT 4: 4! r-J LJ 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. rl (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 2 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. 3 (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 4 `l 7) ") 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 A VI/ 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 A 11 �e" %2-V) /i 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 7 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 11 Comprehensive 500,000 1,000,000 Owner Hired Non -Owned tl /It 500,000 l R K .r1/E► Q\ 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 P co-insured on all policies of liability insurance. 1( g - �C)-- �-V ,, I 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, 10 • L� (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. 11 (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 12 11 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 13 ,w '�'2 L-Z' I 0 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. 14 (/ le - 9C)- P P • C� J LJ 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 �J 16 - "�-- LORETT'A IA. JOHANSON MY COMMISSION 9 CC 177100 •. ;- FIVI °.ES: January' 20, IM Banded Thr., Ncaty Ch bM, lMdew i% 9 —Z) i I CUSTOMER 4 11677 C E R T I F I C A T E O F I N S U R A N C E ISSUE DATEI 03/24 LCS`.6L�GSY1,':S��: SSCSS�SSt:�.�6SS=ise S=CC,-=C�___7SL�aseL===_=F�__ pG=CGCLLCRCYCR=29bCrras.7 Ls�Sa t'C sst Y'y rK!']t tztrereta�=CL__. PROIIUCEER TE T AG NCr ~I .__ THIS SgIICERTIFICATE HH^IS ISSUED AS AHHMppALLTTpICC�k OF INFORMATIONp ONLYp AND CONFERS 7CAT RTICN QULE�Ak(, EXTENT'"pR AITERTINECCOVJ�&I�FFQRI�ELIBIECFDLICI ST ELO�s NUT AMEND, KSGNVILLE, FL COMPANIES AFFORDING COVERAGE ZIP CODE 32207 COMPANY LETTER A AETNA CASUALTY COMPANY LETTER b FHB SELF INSURERS INSURED KIMLEY-HORN b ASSOC.,INC COMPANY LETTER C P. O. BOX 3CCOMPANY LETTER D kALEIGH, N.C. ZIP CODE 27636-3068 COMPANY LETTER E I :earaexrexw:rxa-es�es_rxxeeaaeaecca=ecbae_xrxxRrxxe-a--eesMen Ceerxexse=xr«SA:s:CxZx-iArx1:=F1Cxxara.s_Mee Zen e FCOIVERAGESpp ERR ii MMRR ppLLIIGGIIEE ggUU NNC£g 118g pp EE ppWW HHpp RR EE UUff TT rrHH II ggU EErr� NNflfl tt qq EE pp PP LLII YY f�IG isINDI ATC[+FYN�TWITHSTANDINGOANYNkEtR1UIF1EM�NTTETE�tiLU CON��IT�pN �FSANID CONTR�CT�TUE�ROTHEkM��UCl1FBi�HT �I�HT��SF•�CTC1 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. ss_xsasaxsceaar�arctceccxxty.-.i�7.:.:�5�51�_CS:Y.IICS'ii�S�: F«FtG&:StL_�:.L.'.....�x«:..,...::SY.'DIY.L':.R.T.CLCfCxsrGxexa..�__�aaeas_ax_----.._.._ RR POLICY POLICY RR TYFEE OF' INSUkANCE POLICY NUMBER EFF. DATE EXF'. DATE _LIMITS F�--=-G_�L.�SSr�____�__�SS2S3Y�_�xxx r.x:S� =rlens_='J'cCs=Sallam9Cex=eeaxsSa:^setr sexpL�xrxrr a r�en_=!!=________= ne s: cc ME cc c Cce C SSt (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 I() GARAGE LIABILITY I ( ) PROPERTY DAMAGE I -x-----___-..______________I -------------------------- IEXCESSLIABI I( ) UMBRELLA FORM EACH OCCURRENCE: 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 ~ ~ f I 1 ��2 )l �- s GERTtFICATE OFINSUF�ANCE' N 11 ISSUE DATE IrµM(+�Dp)vY} . .. o, .. r.�. :'tiil ,y. ilJ.h{)\r it �1 i' :+-.y. '?i. i' � .r 3—�`i-9P 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 LCTTFH COMPANY LcrT6R GUMPANY Q LETTER COMPANY E LCTTrA —... w..r..w�w:.. •,:.}.. ,...., ^. ,.: 1, ,', ul!... i. .'r I, , ; c ,, .... ;,. t ••r,. I�lihi l,. q,. 1 � f (r { I ' 1J 5 + { •), „ r.. { ,. 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 OWNEITS A (,0NIfIACTOR'8 PHUT: AUTOMOBILE LIABILITY ANY AUTO ALI, OWNED AUTOS SCHCDUI 1-0 AUTOS IIIHkU AUTO NON•CAVNFI) AUTO.^. AAHAUE UAOII I/Y � v ae Lanrn.l i r UMDRCLLA F001M OTHEN IHAN UMAHELLA fORM WORKER'S COMPENSATION AND EMPLOYERS LIABILITY 0 ER h rofe.4,si anal Liability PI-889386 ...4n1r I1UP1 Ur UFZRAI IUMBILOCATION!/VExICLIS)SPECIAL ITEMS (iENFHAL AGGREUATE S PHODUCTS•COMP)OP AGO S rCnSONAL 6 ADV, INJunY $ EACH OCCUHHENCC $ rmi: OAMAGG (Arty o1I• tua) S MED EXPENSE (Amy one pwyv)) 1 COMOINFU SINGLG LIMIT S 00DILY INJUIIY (Per nnnon) S AODILY INJUnY S (Per AN4044111 OROh+EnTY DAMAUE S CACTI (JCL:UnnCNrF y AGLIncGATF s STATUTORY LIMITS EACH ACCIDENT $ 1)18EASC• POJACY LIMIT S DISEASE —EACH rMHLOYEE 1 01/01/V 01/01/93 Limit: $1,000,000 r. ):': 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.