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1994-04 Agreement with Keith & Schnars-Traffic Consultant Svs Re: Riverside Dr.RESOLUTION NO. 94 - 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND KEITH AND SCHNARS, P.A. FOR FOR PROFESSIONAL TRAFFIC CONSULTANT SERVICES RELATED TO RIVERSIDE DRIVE WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to execute an Agreement between the City of Parkland and Keith and Schnars, P.A. for the purpose of providing traffic consultant services related to the matter of deleting Riverside Drive from the Trafficways Plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City officials are hereby authorized to execute an Agreement between the City of Parkland, Florida and Keith and Schnars, P.A. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 22 DAY OF December , 1993. SUSAN ARMSTRONG, City dlerk SAL"PAGLIARA /Mayor • sI,KEITH and SCHNARS, P.A. ENGINEERS -PLANNERS -SURVEYOR S December 27, 1993 Mr. Harry Mertz City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 RE: Agreement for Professional Services Traffic Consultant Services related to Riverside Drive Keith and Schnars Proposal Number 93-770 Dear Mr. Mertz: In accordance with your request and the decision made by the Board at the December 22, 1993 City Commission meeting, this Agreement between Keith and Schnars, PA. (CONSULTANT) and the City of Parkland (CLIENT) for professional transportation planning and traffic engineering services is submitted for your consideration and approval. Please note that the scope of services outlined herein is based upon our original proposal dated November 24, 1993, which was previously submitted to Mr. Bradford D. Townsend, Director of Planning. 1. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION The CONSULTANT proposes to provide professional transportation planning and traffic engineering services to amend the Broward County Trafficways Plan to delete Riverside Drive as a trafficway corridor, extending from just north of Holmberg Road at the south, to the Broward/Palm Beach County line at the north, within the City of Parkland, Florida. 1I. SCOPE OF SERVICES Section 1 - Transportation Planning and Traffic Engineering Services 1.1 The CONSULTANT shall prepare and process an application on behalf of the City of Parkland for an amendment to the Broward County Trafficways Plan to delete Riverside Drive as a trafficway corridor from just north of Holmberg Road at the south, to the Broward/Palm Beach County line at the north. The CONSULTANT shall prepare all documentation necessary to file an application which supports the proposed deletion and shall thus coordinate efforts as necessary with representatives from each of the affected agencies and/or local govemments (i.e. Broward County Planning Council, Broward County Department of Strategic Planning and Growth Management, Broward County Transportation Systems Planning, Broward County Engineering, Broward County Traffic Engineering, Palm Beach County Traffic Engineering, Palm Beach County MPO, the District IV Office from the Florida Department of Transportation, the City of Coral Springs, the City of Coconut Creek and the City of Boca Raton). 6500 North Andrews Avenue • Ft. Lauderdale, FL 33309-2132 • (305) 776-1616 • Fax (305)771-7690 Mr. Harry Mertz City of Parkland/Trafficways Amendment (93-770) Page 2 - December 27, 1993 1.2 The CONSULTANT shall coordinate alt work efforts to meet the initial municipal filing deadline of January 31, 1994, for the submittal of trafficway amendment applications from municipalities throughout Broward County. The CONSULTANT shall perform the traffic studies as needed in order to evaluate existing and future traffic conditions both with and without the proposed amendment as required by the Broward County Planning Council guidelines. The CONSULTANT shall utilize the latest acceptable transportation planning and traffic forecasting methodologies to accomplish the required studies. The CONSULTANT shall evaluate the alternatives currently under review related to the University Drive corridor study and shall evaluate the impacts of these alternatives on the proposed trafficway deletion. The CONSULTANT shall meet with the Trafficways Review Group and the Land UselTrafficways Committee of the Planning Council, as required to process the proposed trafficway deletion. 1.3 The CONSULTANT shall attend all meetings and shall coordinate with key officials as necessary to process the proposed trafficway deletion. An application fee of $1,000.00 per amendment (payable to the Broward County Board of County Commissioners) must accompany the submittal of the proposed application. The CONSULTANT will process the proposed trafficway deletion by the January 31, 1994 submittal deadline, after receiving the above referenced filing fee of $1,000.00 made payable to the Broward County Board of County Commissioners. CONSULTANT'S not to exceed maximum time and materials fee for these professional services (related to processing the application to completion whether successful or unsuccessful) shall be . . $30,000.00. Section 2 - Geotechnical Services Not a part of this agreement. Section 3 - Planning Services Not a part of this agreement Section 4 - Surveving Services Not a part of this agreement. Section 5 - Additional Services 5.1 Additional services required by the CLIENT will be performed on an hourly fee basis in accordance with the terms and conditions of this agreement and our current professional service fee schedule, unless an addendum to this agreement is executed by the parties which addresses the additional services. No additional services will be performed unless said services are specifically requested in writing by the CLIENT, and the CLIENT is informed that the additional services requested are not within the scope of this agreement. _ii•i1 KEITH and SCHNARS, P.A. "+ N "_ R S- P ;E P S •• S +; P J cy ORS Mr. Harry Mertz City of ParklandlTrafficways Amendment (93-770) Page 3 - December 27, 1993 III. COMPENSATION Execution of this agreement will be considered the official notice to proceed. Billings will be prepared monthly thereafter, being based upon work actually accomplished on an hourly rate, plus reimbursable expenses. Billings will be due and payable upon presentation. IV. CLOSURE In addition to the matters set forth herein, our.agreement shall include, and shall be subject to, the standard agreement provisions attached hereto and incorporated herein. The term `CLIENT' as used in the standard agreement provisions shall refer to the City of Paridand. If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy of this letter agreement in the space provided and return same to the undersigned with the completed billing information form. Fees and times stated in this agreement are valid for sixty (60) days after the date of agreement by the CONSULTANT. We appreciate the opportunity to submit our professional services agreement. Ms. Cathy Sweetapple has been selected to serve as project manager and Mr. William V. Keith has been selected to provide senior member support. Please contact Ms. Sweetapple or Mr. Keith if you have any questions. IN WITNESS WHEREOF, the CONSULTANT and the CLIENT have executed this Agreement the day and year indicated below. As to CONSULTANT KEITH and SCHNARS, P.A. Tanzer H. Kalayci. P.E President by S. - eetapple Director ns • • ation Planning Dated: THK/CSS/ct Attachments copy: William V. Keith Bradford Townsend Charles DaBrusco iI'• KE:ITH and SCHNARS, P.A. .0 i. A \: :\. R :1 p `I V i I R J As to CLIENT CITY OF PARKLAND Dated: 1 I II'('H SECTION 1 - Period o1 Performance STANDARD AGREEMENT PROVISIONS If the services under this Agreement continue for a period of more than one (1) year frau the notice to proceed, the CONSULTANT shall be entitled to renegotiate the terms of this Agreement. The CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of the CONSULTANT (such consent to be signified by the CONSULTANTS initials next to each modification. and if a fully executed copy hereof is not received from the CLIENT by the CONSULTANT on or before sixty (60) calendar days from the date of execution by the CONSULTANT. 1.4 CONSULTANT shall not be considered in default in performance of its obligations hereunder if performance or such obligations is prevented or delayed by acts of Cod or government, labor disputes. failure or delay of transportation or by subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by the time period reasonably necessary to overcome the effects of such force majeure occurrences. SECTION 2 - Method of Payment and Znvoicias 2.1 Invoices will be submitted by the CONSULTANT to the CLIENT monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payment of such invoice will be due upon presentation. CONSULTANT'S standard invoice format shall apply and such format shall be acceptable to CLIENT for payment, unless otherwise agreed to in writing hereunder. Invoices shall be submitted monthly based on a percentage completed for lump sum contracts. On a Time and Material contract, invoices shall be submitted in accordance with our current professional service fee schedule. 2.2 In the event of any dispute concerning the accuracy of content of any invoice, the CLIENT shall within fifteen (15) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice which is not questioned within fifteen (15) days shall be deemed due and payable.In the event an invoice or portion of an invoice is disputed within fifteen (15) days, the CLIENT shall be obligated to pay the undisputed portion of the invoice as set forth in Section 2.1. 2.3 If the CLIENT fails to make any payment due the CONSULTANT for services and expenses within sixty (60) days from the date of invoice. the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, apply the retainer to the unpaid balance of the account and/or suspend services under this Agreement until the account has been paid in full. There will be a fee charged for suspended work which will be negotiated when work is resumed. 2.4 In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days folla+ing the invoice date, the CONSULTANT may, following seven (7) days prior written notice to the CLIENT, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable. including accrued interest. its reasonable attorneys' fees and other expenses related to the proceeding. Such expenses shall include, but shall not be limited to, the cost, determined at the CONSULTANT'S normal hourly billing rates, of the time devoted to such proceeding by its employees. and CLIENT agrees to pay same. SECTION 3 - Reimbursable lupines' 3.1 CONSULTANT shall be reimbursed for out-of-pocket expenses directly chargeable to the project, at actual cost incurred. plus a 10% carrying charge. Typical reimbursable expenses include travel, lodging, meals when traveling on the CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. SECTION 4 - Additional Services 4.1 The undertaking by the CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. If upon request of the CLIENT, the CONSULTANT agrees to perform additional services hereunder, the CLIENT shall be obligated to pay the CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S then current professional fee schedule, plus reimbursable expenses so incurred by the CONSULTANT, unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. 4.2 Additional services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the CONSULTANT, or a change in the scope or concept of the project initiated by the CLIENT. or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. SECTION 5 - Re -use of Documents 5.1 wings, reports, tests reports, etc., that result from the CONSULTANT'S services pursu in the sole property of the CONSULTANT and are not intended or repres others. as-bu this Agreemen for re -use by the CL 5.2 The CLIENT may, at his expense. obta him by the CONSULTANT, in consideration of revisions shall be made toesame without the written verification of adaptation by harmless from all claims, out of or resulting t. 5.3 t of reproducible he Phot of see • under be suitable co - any maps and/or drawings prepared for agrees that no additions, deletions, changes or n consent of the CONSULTANT. Any re -use without he CLIENT indemnify and hold the CONSULTANT and expenses, including. bu - imited to, attorney's fees. arising TANT mandates any completed project embodying the services of the CONSULTANT provided hereu SECTION 6 - Termination be made 6.1 This Agreement may be terminated by either party upon seven (7) days written notice in the event of the substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. For the purposes of this Agreement. the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of the date of said invoice. shall be considered a substantial failure on behalf of the CLIENT. In the event of any termination, CONSULTANT shall be paid for all -services rendered to the date of termination including all reimbursable expenses. LAW OFFICE DEERFIELD BEACH ANDREW S. M A U R C1 D I S FORT LAUDERDALE 321 SOUTHEAST 15TH AVENUE FORT LAUDEROALE, FLORIDA 33301 POST OFFICE BOX 8583 DEERFIELD BEACH, FLORIDA 33443-8583 TELEPHONE (305) 480-4265 TELECOPIER (305) 480-4490 January 5, 1994 POST OFFICE 80X 2427 FORT LAUDERDALE, FLORIDA 33303 TELEPHONE (305) 467-2000 TELEGOPIER (305) 467-2306 REPLY TO! 150 N.E. 2nd Ave. Deerfield Beach, Florida 33441 Cathy Sweetapple Keith & Schnars 6500 N. Andrews Avenue Ft.Lauderdale, Fl. 33309-2132 Re: Agreement for Professional Services/Traffic Consultant Services Related to Riverside Drive (Your Proposal No. 93-770) Dear Cathy: I am in receipt of your letter of December 27, 1993 containing a proposed Agreement for the above -referenced services. The Agreement is generally acceptable however, I have the following comments: a. Section 1.3 contains the maximum cost for the profes- sional services. While I know Keith & Schnars cannot warrant success- ful completion of the services, I would be more comfortable if that section indicated that a $30,000 maximum would cover all services related to prosecuting the application to completion (whether success- ful or unsuccessful). b. Section 1.1 of the Standard Agreement Provisions pro- vides for work beginning within 10 days after .receipt of the Agree- ment. In light of the need for prompt action, this should be revised or stricken. c. With regard to Section 5 of the Standard Agreement Provisions, I have two comments. First, 1 would prefer that the City be able to retain ownership of any work product which is in its possession and for which it has paid. Second, the City cannot indem- nify to the extent that any such indemnity involved the negligence of another party. This has been prohibited by recent amendment to the Florida Statutes. i- NDFtEW MHS IF, I=i j_: • E =:O, F. 4j �athy Sweetapple January 5, 1994 Page 2 Other than these general comments, the Agreement is generally satisfactory. while 1 would normally want to modify certain provi- sions, including the reimbursable expense provisions, 1 am confident that that will not be a problem between us. Additionally, while 1 would not normally agree to the beginning of work prior to the consum- mation of contract, in view of the longstanding relationship between Keith & Schnars and the City of Parkland and the need for prompt actions by the City, 1 again am confident that this will not be a problem. 1 thank you for your prompt aotion and look forward to working with you. Please contact me after you have had an opportunity to review these issues with Bill. Sincerely, drew S. Maurodis City Attorney ASM:as Copy: Harry Mertz, City Manager p s' KEITH and SCHNARS, P.A. � ENGINEERS -PLANNERS ���,�( an�CHNARS, P.A. PROFESSIONAL SERVICE FEE SCHEDULE EFFECTIVE 09/01/90 CODE JOB CLASSIFICATION HOURLY RATE 02 Administrative Assistant $ 36.00 03 Environmental Scientist III $ 90.00 - 04 Community Liaison $ 70.00 05 CADD Designer $ 80.00 06 CADD Operator $ 55.00 08 Economic/Financial Analyst $ 80.00 09 Environmental Scientist II $ 65.00 10 Geologist $ 65.00 11 Graphic Designer $ 65.00 12 Landscape Architect/Chief Planner $ 85.00 13 Field Representative $ 55.00 14 Landscape Architect (L.A.) $ 70.00 15 Planner (A.I.C.P.) $ 85.00 16 Associate Planner $ 65.00 17 Project Engineer/Designer $ 65.00 18 Project Manager $ 90.00 19 Professional Engineer (P.E.) $ 90.00 20 Professional Land Surveyor (P.L.S.) $ 75.00 21 Senior Project Manager $125.00 22 Senior Member $200.00 24 Senior Project Engineer/Designer $ 75.00 25 Technician II $ 60.00 28 Traffic Analyst $ 55.00 29 Technician 1 $ 50.00 30 Transportation Planner $ 70.00 32 Senior Field Representative $ 60.00 42 Survey Party - 2 Person $ 75.00 43 Survey Party - 3 Person $ 90.00 44 Survey Party - 4 Person $ 95.00 45 Survey Party - Structure Layout $105.00 Expense items such as identifiable communication expenses, facsimiles, reproduction costs, courier and overnight mailing services, authorized navel, and special accounting expenses not applicable to general overhead are invoiced as direct charges, plus 10% carrying charge. Other categories or hourly rates with multiplier available upon request. 8500 North Andrews Avenue • Ft. Lauderdale, FL 33309-2132 • (305) 776=1616 • Fax t305)771-7890 BILLING INFORMATION FORM PROJECT NAME. PROJECT ADDRESS - OWNER OF THE LANDS. OWNER ADDRESS. OWNER PHONE NO • JOB SITE SUPERINTENDENT• JOB SITE PHONE. SUBDIVISION NAME. PURCHASE ORDER #• INVOICE• ATTN: Name Name/Title ADDRESS - PHONE: Street Address/ Post Office Box City/ State/ Zip Code Area Code/Number SPECIAL BILLING INSTRUCTIONS: Am KEITH and SCHNARS, P.A. ENGINEERS ..PL A N N E R S- SURVEYORS