HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-0451
February 10, 2000 - Temp. Reso. #8923 1
Revision No. 1 - February 16, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- K
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT
WITH RHON ERNEST-JONES CONSULTING
ENGINEERS, INC. FOR THE PREPARATION
AND COMPLETION OF REQUIRED
AMENDMENTS TO THE TRANSPORTATION
ELEMENT OF THE COMPREHENSIVE PLAN
AND THE PREPARATION AND COMPLETION
OF TRAFFIC AND PARKS AND RECREATION
IMPACT FEE STUDIES; CASE NO. 4-MI-00;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1998 the City Commission approved Resolution No. R-98-
108, authorizing the appropriate City officials to execute a Tri-Party Agreement Between
the City of Tamarac, Broward County and the Florida Department of Community Affairs
(DCA) for the Coordination, Preparation and Adoption of the Transportation Element of the
City of Tamarac Comprehensive Plan and providing for adoption six (6) months after
Broward County adopted its Transportation Element; and
WHEREAS, the City of Tamarac adopted its Transportation Element on May 13,
1998; and
WHEREAS, Broward County adopted its Transportation Element on November 10,
1998; and
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February 10, 2000 - Temp. Reso. #8923 2
Revision No. 1 - February 16, 2000
WHEREAS, the City Commission of the City of Tamarac wishes to amend the
adopted Transportation Element of the City of Tamarac Comprehensive Plan to address
deficiencies cited by the Florida Department of Community Affairs (DCA); and
WHEREAS, the City Commission of the City of Tamarac wishes to amend the
adopted Transportation Element of the City of Tamarac Comprehensive Plan to be
consistent with the adopted Broward County Transportation Element; and
WHEREAS, the City Commission has determined that an analysis of the current
methodology for computing impact fees relating to Local Traffic Impact Fees and Parks and
Recreation Impact Fees is necessary to determine the adequacy of impact fees that ensure
mitigation of new development impacts; and
WHEREAS, the City of Tamarac published LOI 99-L-26 for preparation and
completion of Transportation Element Conformity and Traffic and Parks and Recreation
Fee Studies for the City of Tamarac on September 5, 1999 and September 12, 1999; and
WHEREAS, seven (7) proposals were submitted and reviewed by an evaluation
committee who determined that Rhon Ernest -Jones Consulting Engineers, Inc. was the
most responsible and responsive proposer; and
WHEREAS, the City of Tamarac has negotiated an agreement with Rhon Ernest -
Jones Consulting Engineers, Inc. for a sum not to exceed Twenty -Five Thousand Nine -
Hundred and Five Dollars ($25,905); and
WHEREAS, available funds exist in the General Fund for said purpose; and
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February 10, 2000 - Temp. Reso. #8923 3
Revision No. 1 - February 16, 2000
WHEREAS, it is the recommendation of the Director of Community Development
and Purchasing/Contracts Manager that the LOI #99-L-26 be awarded to and an
agreement executed with Rhon Ernest -Jones Consulting Engineers, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute an agreement with Rhon Ernest -Jones Consulting
Engineers, Inc. for the preparation and completion of required amendments to the
Transportation Element of the Comprehensive Plan and the preparation and completion of
Traffic and Parks and Recreation Impact Fee Studies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the Letter of Interest (LOI #99-L-26) be awarded to and an
agreement executed with Rhon Ernest -Jones Consulting Engineers, Inc. for the
preparation and completion of required amendments to the Transportation Element of the
Comprehensive Plan and Traffic and Parks and Recreation Impact Fee Studies, for a cost
1.1
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February 10, 2000 - Temp. Reso. #8923
Revision No. 1 - February 16, 2000
not to exceed Twenty -Five Thousand Nine -Hundred and Five Dollars ($25,905).
C1
SECTION 3: The Mayor and the City Manager, or his designee, are hereby
authorized to execute the Agreement between the City of Tamarac and Rhon Ernest -Jones
Consulting Engineers, Inc. for preparation and completion of required amendments to the
Transportation Element of the Comprehensive Plan for conformity, and preparation and
completion of Traffic and Parks and Recreation Impact Fee Studies (attached hereto as
Exhibit "A").
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
.RFr.T10K1 A
passage and adoption.
February 10, 2000 - Temp. Reso. #8923 5
Revision No. 1 - February 16, 2000
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of , 2000.
Cam. 4--9112141
CAROL GOA CMC/AAE
CITY CEERK
I HEREBY CERTIFY that I
a pproved this
RE ,ILUTION as tiforum.
MIVCHELL 8."K
CITY ATTORN
commdev\u:\pats\userdata\wpd ata\res\8923reso
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Off is
DIST2:
1ST 3:
DIST
JOE SCHREIBER
MAYOR
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
RHON ERNEST-JONES CONSULTING ENGINEERS, INC.
NA
THIS AGREEMENT is made and entered into this ;,3 day of , 2000 by and
between the City of Tamarac, a municipal corporation with principal officeslocatE6 at 7525 N.W.
88th Ave., Tamarac, FL 33321-2401 (the "City") and Rhon-Ernest-Jones Consulting Engineers, Inc.
with principal offices located at 2840 University Drive, Coral Springs, FL 33065(the "Consultant")
to provide for Transportation Element Conformity and Traffic and Parks and Recreation Impact Fee
Studies.
In consideration of the mutual promises contained in this document, the City and Consultant
agree as follows:
1. The period of this agreement shall be from the date of approval by the City of Tamarac
Commission to December 31, 2000 inclusive.
2. Consultant agrees to perform the services described in Exhibit A, attached hereto and
incorporated herein as if set forth in full. For satisfactory performance of said services
described in the attached Exhibit A, the City shall pay Consultant an amount not to exceed
$25,905.00. Payment shall be made within thirty (30) days after the City's receipt and approval
of Consultant's monthly statement of services and costs, prepared in such form and detail as
the City may specify. Consultant shall not incur costs for performance of services under this
Agreement in excess of $25,905.00 without the prior written authorization of the City Manager
or designee.
3. In performing services under this Agreement, Consultant shall be deemed an
independent contractor and shall not act as nor be an agent or employee of the City. As an
independent contractor, Consultant will be solely responsible for determining the means and
methods for performing the professional and/or technical services described in Exhibit A. This
Agreement shall not be assigned by Consultant; any attempt to do so shall be void and have no
effect. All of consultant's activities will be at its own risk and Consultant is hereby given notice
of its responsibility for arrangements to guard against physical, financial, and other risks as
appropriate. Consultant shall observe and abide by all applicable laws and regulations,
including, but not limited to, those of the City of Tamarac relative to conduct on its premises.
Consultant agrees to perform its services with that standard of professional care, skill,
and diligence normally provided in the performance of similar services.
4. Except as specifically authorized by the City in writing, information and other data
developed or acquired by or furnished to Consultant in the performance of this Agreement shall
be used only in connection with the services provided the City. All drawings and specifications
developed as a result of this Agreement shall become the property of the City of Tamarac.
•
5. Either the City or Consultant may terminate performance under this Agreement at
any time by notifying the other party in writing at least thirty (30) days in advance of the
effective date of termination specified in such notice.
6. Consultant shall notify the City promptly of any expected delay in performance of
services. However, Consultant shall not be liable for delays in performance beyond its
reasonable control
7. The City may at any time, by issuance of a written Change Order to this Agreement
by the City Manager or designee make changes, within the scope or period of performance of
this Agreement. Consultant and the City Manager or designee shall negotiate an equitable
adjustment, if appropriate, in the terms of this Agreement to cover any such change. No
payment for additional work performed that is not provided for in this Agreement shall be made
by the City unless such work is performed pursuant to a written Change Order.
8. Bidder agrees to, in the performance of work and services under this Agreement, comply
with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the
term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors,
if any, with respect to the work and services described herein.
Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as
required by the City's Risk Manager before beginning work under this Agreement. Bidder shall
maintain such insurance in full force and effect during the life of this Agreement. Bidder shall
provide to the City's Risk Manager certificates of all insurance required under this section prior to
beginning any work under this Agreement.
Bidder shall indemnify and save the City harmless from any damage resulting to it for failure
of either Bidder or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the
Bidder agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $1,000,000
Including:
Premises/Operations Contractual Liability
Personal Injury Explosion, Collapse, Underground Hazard
Products/Completed Operations Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Liability Statutory
The City reserves the right to require higher limits depending upon the scope of work under
this Agreement.
2
Neither Bidder nor any subcontractor shall commence work under this contract until they
have obtained all insurance required under this section and have supplied the City with evidence of
such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that
all subcontractors will comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the
City sixty (60) days notice prior to cancellation. Except for Professional Liability, the Bidder's
liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured".
The Bidder shall be responsible for the payment of all deductibles and self -insured
retentions.
If the Bidder is to provide professional services under this Agreement, the Bidder must
provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of
$1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for
Professional Liability.
9. Consultant agrees to indemnify and hold harmless the City from any claim, damage,
liability, injury, expense, or loss arising out of Consultant's performance under this Agreement,
except for injury or damage caused by the sole negligence of the City.
10. Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be give by written notice, sent by registered United States mail, with return
receipt requested, addressed to the party for whom it is intended at the following addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
CONSULTANT
S. Rhon Ernest -Jones, President
Rhon Ernest -Jones Consulting Engineers, Inc.
2840 University Drive
Coral Springs, Florida 33065
11. This Agreement constitutes the complete understanding of the parties and supersedes
any other prior agreements, and shall be governed by the laws of the State of Florida as now and
hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County,
Florida.
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U
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, through its Authorized
Representative and Rhon Ernest -Jones Consulting Engineers, Inc_, signing by and through its
President duly authorized to execute the same.
ATTE T:
Carol Gold, MC/AAE
City Clerk
Date: 3 ,,7 - cs-%)
ATTEST
`JCorobrate Secretary
tllw Cam, C(`le04_JoheS
Type/Print Name of Corporate Sec.
(CORPORATE SEAL)
4
CITY OF TAMARAC
J e Schreiber, Mayor
Date: 3 DO
z
Je r y L. filler, City Manager z�2
Date:
RHON ERNEST-JONES CONSULTING
ENGINEERS, INC.
.e. &11Aj
S. Rhon Ernest -Jones, President
S. Rhon Ernest -Jones
Type/Print Name of President
Date: M
•
E
STATE OF FLORIDA
:SS
COUNTY OF rawer^
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in
the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
&P C-innsf-�Tncs �� flte/'f of _54- nCs Fn5--iM,r�
(officer or agent and title) (name of corporation)
aric�'� Corporation, to me known to be the
(State or place of corporation)
person(s) described in and who executed the foregoing instrument and rre
acknowledged before me that h e executed the same.
WITNESS my hand and official seal this day of
RENEEC. WELLS
• +i MY COMMISSION # CC 780916
"?i„Qj�4•' EXPIRES! 10/312002
I-900-1-NOTARY Fla. Notary Services & Bonding Co
(X) Personally known to me or
( ) Produced Identification
VOTARY PUBLIC, State of Florida at
Large
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
RHON ERNEST JONES
CONSULTING ENGINEERS, INC.
CIVIL ENGINEERS ■ LAND PLANNERS ■ LANDSCAPE ARCHITECTS
January18, 2000
City of Tamarac
7525 NW 88' Avenue
Tamarac, Florida 33321-2401
Attn: Anne Lodato, Senior Buyer
Re: *Us BE IAMARAC
IRANSPORIATION ELEMENT•\ •:Il IRAEEIC AND PARKS AND RECREAIIQN IMPACT EEI= STUDIES
MEDSAL FOR• • \
r • 11 _ : _ •
Our •• No. •• 1.1• 1111
Dear Ms. Lodato:
On behalf of the firm of Rhon Ernest -Jones Consulting Engineers, Inc (REJCE), we
would like to thank the City of Tamarac for selecting our firm to prepare the above referenced
work products subject to fee negotiations. We are delighted for being selected and pledge our
firm's highest attention to the projects. Since being notified of the selection, we have
assembled a great deal of background information from various sources and discussed project
responsibilities with City staff in an attempt to refine necessary work efforts. At the meeting of
January 13, 2000, Mr. Miller discussed our initial fee proposal submitted to the City on
December 30, 1999 and agreed to modify the hourly estimates for public meetings and add a
contingency for copying, postage, other materials and miscellaneous services. Following is a
separate description of each project with a separate fee proposal modified per our agreement
on January 13, 2000.
TRANSPORTATION ELEMENT CONFORMITY
The City of Tamarac adopted their current Transportation Element on May 13, 1998.
The State Department of Community Affairs (DCA) issued an "In Compliance " letter on July 7,
1998. The DCA approval letter contained verbiage that noted some deficiencies in the element,
mostly related to Rule 9J-5 F.A.C. provisions pertaining to coordination with Broward County on
a variety of issues and requirements to better address Level of Service (LOS) deficiencies and
strategies/actions for the future. The City, and more particularly Jeff Miller as the TAC
chairman at that time, was a leader of Broward County communities that worked with DCA to
create a Tri-party Agreement to allow local governments to delay the preparation and adoption
of their Transportation Elements after the specified "due date". The reason for the delay was
that local governments, as part of their EAR -based amendments, were to adopt Comprehensive
Plan amendments, including the new Transportation Element at a time much earlier than the
County. Most local governments adopted their Ear -based amendments from late 1996 through
early 1998. Broward County prepared their Transportation Element in 1998 adopting the
document in November of 1998. DCA found the County's element "In Compliance" in January
1999. As Broward County's governmental structure requires Intergovernmental Coordination
2840 UNIVERSITY DRIVE ■ CORAL SPRINGS, FLORIDA 33065 r Tel: 954.3".9855 ■ Fax: 954.341.5961
City of Tamarac
Transp. El./Impact Fees
January 18, 2000
Page 2
on Land Use and many transportation issues as part of the County's Charter and Concurrency
Management System, the County element drives many transportation issues within the cities.
The Broward County Transportation Element contains 325 pages of text and graphics.
The other seven (7) Transportation Elements Mr. Miller prepared contain anywhere from 53
pages in Pembroke Park to about 180 pages in Coral Springs, Sunrise and Davie. The current
Tamarac element contains 29 pages. Not that just the number of pages makes a document
complete but the County, RPC and DCA now expect certain data and analysis. In our review of
the existing element, there is a substantial amount of deficiencies noted including basic Statute
and Rule content, data, analysis, recommended strategies to deal with problems and action
plans. Finally, the data in the existing element is out -dated and will not be acceptable. As an
example, the traffic count data in the existing element is from 1996. The County's element
contains 1997 data and out-of-date FDOT LOS calculations. The most recent County traffic
count data is 1998 (published April 1999) and the new FDOT LOS Manual became effective in
March 1999. It is our opinion that a substantial upgrading of basic content as well as data
updates should be done. The City's Planning GIS staff was designated by Mr. King to
prepare/update all of the element maps which will save substantial time and cost. We will only
need to coordinate with the GIS staff and oversee the map/graphic designs, contents and
placement. Once the document is prepared, there will be a need to attend several public
meetings, review and respond to the DCA Objections, Recommendations and Comments
(ORC) Report, coordinate with City staff on proposed modifications and making final
amendments to the document. Following are our estimated hours of personnel time and costs.
A. Prepare Updated Element
Staff
Hatirs
Rate
cost
Rhon Ernest -Jones, PE, AICP
8.0
$125
$1,000
Michael J. Miller, AICP
128.0
$100
$12,800
Subtotal $13,800
B. Public Meetings (Hourly)
Staff HoUrs Rate Cost
Michael J. Miller, AICP 15.0 Max $100 $1,500
(Staff/ Planning Commission/City Commission)
Subtotal $1,500 Max.
C. ORC Coordination (Hourly)
Staff Hours Rate Cos
Michael J. Miller, AICP 35.0 Max $100 $3,500
Subtotal $3,500 Max.
RHON RRNM401498
OONNULTMO 11JO�. INC.
•
•
City of Tamarac
Transp. EL/Impact Fees
January 18, 2000
Page 3
It is suggested that this portion of the work be done on an Hourly Not -to -Exceed basis.
The amount would be determined once the ORC Report is received. The City may receive no
comments, one or two Objections or several. FDOT always has comments. The exact same
language in elements found "In Compliance" by DCA in one City have received a different
reaction in another City in our experience.
Transportation Element Grand Total $18,800 Max.
TRAFFIC AND PARKS AND RECREATION IMPACT FEE STUDY
The City has existing ordinances that require new developments to pay a fair share
impact fee for roads and local parks. The City desires to review the impact fee methodologies
and fees for current costs. The Transportation Element will have a bearing on road impact
fees. Because of the number of previous lawsuits in the City on several developments, the
Stipulated Settlement Agreements will be reviewed for applicability. Also, we had suggested in
our initial proposal that the City consider a waiver/credit provision for economic incentives.
Following are our suggested hours and fees for this work product:
A. Preparation of Study
Staff,,,,---._,.,..-__-••
Hours __
Rate_
cm
_
Rhon Ernest -Jones, PE, AICP
2.0
$125
$250
Michael J. Miller, AICP
40.0
$100
$4,000
Subtotal $4,250
S. Meetings (Hourly)
Staff HQUES Rate QQst
Michael J. Miller, AICP 5.0 Max $100 $500
Subtotal
Impact Fee Study Grand Total
$500 Max.
$4,750 Max.
PNON l UT+IONW
QONSMTWO KNOMVOa", WG
City of Tamarac
Transp. El./Impact Fees
January 18, 2000
Page 4
CONTINGENCY SERVICES AND MATERIALS
As REJCE discussed the projects with the interview committee, we all realized that the
Transportation Element alone will likely be about 100+ pages of text and maps. The City will
require numerous copies (35 copies estimated at each stage) of the document in the draft stage
for staff, the Planning Commission and City Commission as well as later for transmittal to the
Department of Community Affairs (DCA) and other review agencies. After modifying the
document to address any ORC Report items, final copies will be made for distribution. The City
has requested we include a 10% contingency for the copying of documents, binders, covers,
FEDEX and certified mail charges for agency reviews, etc. This would amount to $2,355.00.
The above work descriptions and fees are based upon Mr. Miller's extensive experience
preparing and processing such documents. We have adjusted our fees in accordance with the
discussions held at City Hall on January 13, 2000, realizing the City staff will be preparing
certain portions of the Transportation Element (graphics) and the City will require assistance in
making copies for agenda packages and transmittal packages. Again, REJCE appreciates the
opportunity to work for the City of Tamarac in this and future capacities.
Should you have questions or need to discuss the scope of services and fees, please
feel free to contact our office. We look forward to beginning the work with the City.
TOTAL OF THE CONTRACT NOT TO EXCEED:
TRANSPORTATION ELEMENT GRAND TOTAL $18,800.00
IMPACT FEE STUDY GRAND TOTAL $4,750.00
10% CONTINGENCY $2,355.00
TOTAL CONTRACT (MAXIMUM) $25,905.00
Very truly yours,
S. Rhon Ernest -Jones, P.E., AICP
President
For the Firm
Cc: Michael J. Miller, AICP
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