HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-092Temp. Reso. # 12389
August 28, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013 -
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A
SUPPLEMENTAL CHANGE ORDER TO THE MAJOR
ARTERIAL CORRIDOR STUDY AGREEMENT BETWEEN
THE CITY OF TAMARAC, FLORIDA AND KEITH AND
SCHNARS, P.A. PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY: AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida (hereafter referred to as the "City")
desires to encourage and promote economic development within the City; and
WHEREAS, the City desires to have attractive gateways to the City on major
arterial streets in order to provide for a positive sense of place for the City; and
WHEREAS, the City desired a study that will provide City leaders with
information relating to methods and strategies to improve the gateways to the City along
commercial and business corridors on major City arterial streets; and
WHEREAS, the. City previously approved Resolution No. R-2012-27 (attached
hereto and incorporated herein as Exhibit "1") granting Keith & Schnars, P.A, a
contractual agreement to provide consulting services to conduct a study that will assist
the City of Tamarac in the development of an improvement strategy for the City's major
arterial gateways; and
WHEREAS, City staff and Keith and Schnars, P.A. agreed upon a price not to
exceed $90,000 for the project; and
Temp. Reso. #12389
August 28, 2013
Page 2
WHEREAS, a supplemental change order is required in the amount of $33,420
(thirty-three thousand, four hundred, and twenty dollars) for additional work beyond the
original scope of services (attached hereto as Exhibits "2" and " X); and
WHEREAS, it is recommended that the appropriate City Officials execute a
Supplemental Agreement with Keith and Schnars, P.A. to provide a comprehensive
study for improvements on the City's major arterial roadways including University Drive,
Commercial Boulevard, McNab Road and State Road 7; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City to approve a supplemental
change order in the amount of $33,420 (thirty-three thousand, four hundred, and twenty
dollars) and execute a Supplemental Agreement with Keith and Schnars, P.A. to
provide a comprehensive study for improvements on the City's major arterial roadways
including University Drive, Commercial Boulevard, McNab Road and State Road 7.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1:
The foregoing 'WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
Temp. Reso. # 12389
August 28, 2013
Page 3
SECTION 2: That the supplemental change order in the amount of $33,420
(thirty-three thousand, four hundred, and twenty dollars) for Keith and Schnars, P.A., to
provide a comprehensive study for improvements on the City's major arterial roadways
including University Drive, Commercial Boulevard, McNab Road and State Road 7; is
hereby approved.
SECTION 3: The appropriate City officials are hereby authorized to execute a
Supplemental Agreement with Keith and Schnars, P.A. to provide a comprehensive
study for improvements on the City's major arterial roadways including University Drive,
Commercial Boulevard, McNab Road and State Road 7, a copy of said supplement is
attached hereto as Exhibit "2",
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
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.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
Temp. Reso. #12389
PASSED, ADOPTED AND APPROVED this //
ATTEST:
.'%"'
PATRICIA TEUFE
CITY CLERK
CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
�SAMUEL S. GOREN
CITY ATTORNEY
August 28, 2013
Page 4
day of � `��12013.
B ETH TA
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO`0
DIST 1: COMM. BUSH NtLL
DIST 2: COMM. ATKINS-G��'
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
Temp. Reso. #12160
February 8, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012 - dZ7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
AWARD AND EXECUTION OF AN AGREEMENT TO
PROVIDE A MAJOR ARTERIAL CORRIDOR STUDY AND
RELATED ANCILLARY SERVICES TO KEITH AND
SCHNARS, P.A. IN THE AMOUNT OF $190s000
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac desires to encourage and promote economic
development within the City; and
WHEREAS, the City desires to have attractive gateways to the City on major
arterial streets in order to provide for a positive sense of place for the City; and
WHEREAS, the City desires a study that will provide City leaders with
information relating to methods and strategies to improve the gateways to the City along
commercial and business corridors on major City arterial streets; and
WHEREAS, the requires services of a firm to provide consulting services to
conduct a study that will assist the City of Tamarac in the development of an
improvement strategy for the City's major arterial gateways; and
WHEREAS, the City issued a Request for Proposal (RFP) #12-04R for a Major
Arterial Corridor Study, requesting consultant qualifications in compliance with Florida
Statute 287.055, the Consultants Competitive Negotiation Act (CCNA) on October 11,
2011, a copy of which is attached hereto as Exhibit "1 ", incorporated herein and made a
specific part thereof; and
Temp. Reso. #12160
February 8, 2012
Page 2
WHEREAS, the RFP was formally advertised on the City's web -site and in the
South Florida Sun Sentinel on October 16, and October 22, 2011; and
WHEREAS, the City received responses from the following four (4) firms:
• Keith and Schnars, P.A.
• Kimley Horn & Associates, Inc.
• McMahon Associates, Inc.
and;
Miller Legg Associates, Inc.
WHEREAS, the Evaluation Committee comprised of the Director of Community
Development, the Interim Director of Public Works, the Planning and Zoning Manager
and the Community and Economic Affairs Officer received oral presentations from all
four (4) firms, and ranked the response received from Keith and Schnars, P.A. as the
highest ranked response, (a copy of said response is on file with the City Clerk's Office);
a synopsis of all rankings is hereto attached as Exhibit "2", incorporated herein and
made a specific part thereof; and
WHEREAS, in accordance with the requirements of CCNA, contract terms and
pricing must be negotiated with the first ranked firm after the final ranking is determined;
and
and
WHEREAS, negotiations have been completed with Keith and Schnars, P.A.;
WHEREAS, City staff and Keith and Schnars, P.A. have agreed upon a price not
to exceed $90,000 for the project; and
Temp. Reso. #12160
February 8, 2012
Page 3
WHEREAS, it is the recommendation of the Evaluation Committee and the
Purchasing and Contracts Manager to award RFP 12-04R to Keith and Schnars, P.A. to
provide consulting services to conduct a Major Arterial Corridor Study and related
ancillary services that will assist the City of Tamarac in the development of an
improvement strategy for the City's major arterial gateways; in an amount not to exceed
$90,000; and
WHEREAS, it is recommended that the appropriate City Officials execute an
Agreement with Keith and Schnars, P.A.; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizensand residents of the City of Tamarac to award RFP
12-04R to Keith and Schnars, P.A., and to authorize the appropriate City Officials to
execute an Agreement to provide consulting services to conduct a Major Arterial
Corridor Study and related ancillary services, a copy of said agreement is hereto
attached as Exhibit "3", incorporated herein and made a specific part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: The foregoing 'WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof and all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION I
a p p roved .
Temp. Reso. #12160
February 8, 2012
Page 4
the award of RFP 12-04R to Keith and Schnars, P.A. is hereby
SECTION 3: The appropriate City officials are hereby authorized to execute an
Agreement with Keith and Schnars, P.A. to provide consulting services to conduct a
Major Arterial Corridor Study and related ancillary services, in an amount not to exceed
$90,000, a copy of said agreement is attached hereto as Exhibit "3",
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
I
CITY CLERK.
RM, CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
`�,,SAMVEL S. GOREN
`` CITY ATTORNEY
day of
Temp. Reso. #12160
February 8, 2012
Page 5
j2012-
PAMELA BUSH N ELL,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL l'
DIST 1: COMM. SWEN N
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER t
DIST 4: COMM. DRESSLE1
LX/
1
Nr
_01
f
TAMA AG
Date: October 11, 2011 RFP NO. 12-04R
REQUEST FOR P110POSAL
RFP 12-"R
ALL QUALIFIED PRO:
.: POSERS: :
Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac,
Broward County, Florida, will be received in the . Purchasing .Office, 7525 NW 88th Avenue,
Tamarac, Florida 33321-•2401 until 2:00 PM local time, November 10, 2011for;
MAJOR ARTERIAL CORRIDOR STUDY
i
The City is soliciting'a Request for Proposal to obtain the services of a qualified firm in accordance
with therequirements of F.S. 287.055, the Consultant s Competitive Nego#ration Act. (CCNA) to
3
provide a study of ma•or arterial corridors within the City f
p � of Tamarac.
°
Sealed Proposals must be received and time stamped in the Purchasing Office, either by'rnail:aar-hand
r delivery, on or bafo the date an'd time mneed above. Any Proposals received after2:'00 .P.M. f
id at will not be accepted under a circumstances. An uncertai ardin the time a
on said date p ed u nY m y fly m9 9 �
Proposal is 'received will be resolved against the Proposer.- Official time will be measured b .the time
� 9a P°5by
.the
in the Purchasing Office.
City reserves the right to reject any or all Proposals, to waive any inf 'rmalftles or irregularities n any
Proposals received, to re -advertise. for Proposals, to award in'Whole or in part,: one or snore
Proposers, or take any other such actions that may be deemed to be in the best interests of the
city...
Proposal documents may be obtained from the Purchasing Office or, , via the Internet at
p y 9 ..
h, tta //WWW.tamarac.o[g. For inquiries, contact Mr. Steven Beamsderf0 ZPPB, C.P.M. Bu' ' r,'at
the Purchasing an+d Contracts Division at (954) 597-3570.
°
f
Sincerely,
... . . ..
i
Keith K. Glatz, CPPO f
Purchasing and Contracts Manager
{
Publish Sun -Sentinel, §unda',.Oct er 16. 2011 and § u day. October 22. 2411
W_ a "I W - - *0
Ci..._Lty of Tamarac PurchasiiV and Contracts Division
REQUEST FOR PROPOSAL 12-04R
MAJOR ARTERIAL CORRIDOR STUDY
Definition: A Request for Proposal is a method of procurement permitting discussions with
responsible Proposers and revisions to proposals prior to award of a contract. This Request for
Proposal shall be evaluated based on qualifications criteria, and is issued pursuant to the
requirements of Florida Statute 287.055, The Consultants Competitive Negotiation Act (CCNA).
Proposals will be opened in private. An initial award recommendation will be based on an
evaluation of all proposals and the determination of the highest ranked, best qualified firm based
on the qualifications based criteria set forth herein. Pricing shall not be considered in the
evaluation of this proposal; however, the successful firm shall not be awarded an Agreement
unless the City and firm are able to reach mutual agreement during price negotiations to be held
with only the highest ranked firm.
1. INTRODUCTION
The City is soliciting a Request for Proposal to obtain the services of a qualified firm to provide a
study of the major commercial arterial corridors within the City of Tamarac, to include University
Avenue, Commercial Boulevard, State Road 7, McNab Road, as well as prominent gateways to
the City.
II. INFORMATION
For information pertaining to this Request for Proposals- (RFP), contact Mr. Steven
Beamsderfer, CPPB, C.P.M., Buyer, at the Purchasing and Contracts Division at (954) 597-
3566 or Mr. Frank Zickar, Planning and Zoning Manager at (954) 597-3535. Contact with the
Planning and Zoning Manager shall only be made upon approval of the Purchasing and
Contracts ,Manager, and shall be for clarification purposes only. Material changes, if any, to the
scope of services or proposal procedures will be transmitted only by written addendum.
It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to
(954) 597-3565 or email to purchasing a tamarac.orQ.
111. SCHEDULE OF EVENTS*
The schedule of events related to this Request for Proposals shall be as follows:
RFP Document issued
Deadline for Written Questions
Deadline for Receipt of Proposals
Evaluation of Proposals
Presentations by Short-listed Proposers
Final Ranking of Firms and Negotiations
Anticipated Award by Commission
(if applicable)
October 12, 2011
October 31, 2011
November 10, 2011
Nov 10 — Dec 5, 2011
December 7, 2011
December 20, 2011
January 11, 2012
*All dates are tentative. City reserves the right to change scheduled dates.
2
CiZ of Tamarac _ _ Purchasing and Contracts Division
iV. INSTRUCTIONS TO PROPOSERS
STANDARD TERMS AND CONDITIONS
RFP 12-04R
Our vision and Mission
Our Vision: The City of Tamarac, our community
of choice -- leading the nation in quality of life
through safe neighborhoods, a vibrant economy,
exceptional customer service and recognized
excellence.
Our Mission: We Are "Committed to Excellence.. .
Always" It is our job to foster and create an
environment that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulftllment of our vision and .mission, as
stewards of the public trust, we value vision,
integrity, efficiency and quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of
that vision and mission, we are committed to
ensuring that qualified, competitive vendors who
share our commitment to quality, efficiency,
teamwork and customer service are employed to
provide goods and services to the City. Our
vendors are expected to deliver high quality
products and efficient service that is provided on
time and as ordered; in a manner that improves
the overall value of the services that the City
provides to its residents. In addition, we expect
our vendors to work with the City as a team, and
exhibit the highest level of integrity when dealing
with any office or department of the City.
Diligence in the execution of the requirements of
this proposal will ultimately contribute to the overall
quality of services provided to the entire
community. The City is searching for a firm who
will exemplify these ideals in the execution of their
work, and the successful firm will be measured
against the performance standards outlined in this
bid invitation.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions
3
apply to all offers made to the City of
Tamarac by all prospective Proposers,
including but not limited to, Requests for
Quotes, Requests for Proposal and
Requests for Bid. As such the words
"bid", "proposal" and "offer" are used
interchangeably in reference to all offers
submitted by prospective Proposers. The
City of Tamarac reserves the right to
reject any or all proposals, to waive any
informalities or irregularities in any
proposals received, to re -advertise for
proposals, to enter into contract
negotiations with the selected Proposer or
take any other actions that may be
deemed to be in the best interest of the
City of Tamarac. Any and all special
conditions in this RFP or any sample
agreement document that may be in
variance or conflict with these General
Terms and Conditions shall have
precedence over these General Terms
and Conditions. If no changes or
deletions to General Conditions are made
in the Special Conditions, then the
General Terms and Conditions shall
prevail in their entirety.
2. DEFINED TERMS
Terms used in these Instructions to
Proposers are defined as follows:
2.1 "Offeror" - one who submits a
Proposal in response to a
solicitation, as district from a Sub -
Offeror, who submits a Proposal to
the Offeror.
2.2 "Proposer" -- one who submits a
Proposal in response to a
solicitation. The terms "Offeror'' and
"Proposer" are used
interchangeably and have the
same meaning.
2.3 "S uccessfu I Offeror' or
"Successful Proposer" - the
qualified, responsible and
responsive Proposer to whom City
(on the basis of City's evaluation as
hereinafter provided) makes an
award.
2.4 "CiW' - the City of Tamarac, a
municipal corporation of the State
of Florida.
City of Tamarac
Purchasing► and Contracts Division
2.5 "Proposal Documents" - the
the work.
Request for Proposal, Instructions
to Proposers, Proposal's
5. OMISSION OF DETAILS 1 VARIANCES
Qualifications Statement, Non -
AND EXCEPTIONS
Collusive Affidavit, Certified
5.1 The apparent silence of the
Resolution, Vendor Drug -Free
requirements as to any detail,
or
Workplace, Proposer's Proposal,
the apparent omission of a
Proposal Security and
detailed description concerning
Specifications, if any, and the
any point, shall be regarded as
proposed Contract Documents
meaning that only the best
(including all Addenda issued prior
commercial practice is to prevail,
to opening of Proposals).
and that only material and
2.6 "Contractoe" - the individuals) or
workmanship of the finest quality
firm(s) to whom the award is made
is to be used. All interpretations
and who executes the Contract
of the specifications shall be
Documents.
made on the basis of this
statement. Omission of any
3. SPECIAL CONDITIONS
essential details from these
Where there appears to be variances or
specifications will not relieve the
conflicts between the General Terms and
Proposer of supplying such
Conditions and the Special Conditions
services or product(s) as
and/or Scope of Work outlined in this
specified.
proposal, the Special Conditions and/or
5.2 For the purpose of evaluation, the
the Scope of Work shall prevail.
Proposer must indicate any
4. EXAMINATION OF CONTRACT
variance or exceptions to the
DOCUMENTS AND SITE
stated requirements, no matter
4.1. Before submitting a Proposal, each
how slight. Deviations should be
Proposer shall become familiar
explained in detail. Absence of
with the site (if applicable to the
variations and/or corrections will be
project) to become familiar with the
interpreted to mean that the
facilities that may in any manner
Proposer meets all the
p°
requirements in every respect.
affect cost or performance of the
work; must consider federal, state
6. INTERPRETATIONS AND ADDENDA
and local laws, ordinances, rules
If the Proposer is in doubt as to the meaning
and regulations that may in any
of any of the Proposal Documents, believes
manner affect cast or performance
that the General Conditions, Special
of the work; and must promptly
Conditions and/or Technical Specifications
notify the Purchasing and
contain errors, contradictions or obvious
Contracts Manager of all conflicts,
omissions, or has any questions conoeming
errors and discrepancies, if any, in
the information contained in the RFP
the Proposal Documents.
documents, the Proposer shall submit a
4.2. The Proposer, by and through the
written request to the Purchasing &
submission of a Proposal, agrees
Contracts Division Office for interpretation or
that Proposer and its potential sub-
clarification. Such request must reference
contractors, as may be applicable,
RFP name and number, and should be
shall be held responsible for having
received by the Purchasing & Contracts
examined the site and appurtenant
Division Office prior to the deadline
facilities (if applicable); is familiar
specified in the "Schedule of Events"
with the nature and extent of the
provided herein for the submission of written
work and any local conditions that
questions. Questions received after that
may affect the work, and is familiar
date may not be answered. Interpretations
with any other relevant conditions
or clarifications in response to such
required to successfully perform
questions will be issued in the form of a
4
Cityof Tamarac _ Purchasi2g and Contracts Division
written addendum transmitted via either fax may not be awarded or perform work as a
or email to all parties recorded by the contractor, supplier, subcontractor, or
Purchasing & Contracts Division Office as consultant under a contract with any
having received the Proposal Documents. public entity, and may not transact
The issuance of a written addendum shall business with any public entity in excess
be the only official method whereby such an of the threshold amount provided in
interpretation or clarification will be made. Florida Statutes §287.017 for Category
Two, for a period of 36 months from the
7. COSTS AND COMPENSATION date of being placed on the convicted
vendor list.
7.1. When information about costs and
compensation may be requested
10. CONFLICT OF INTEREST
from the highest ranked firm, such
The award of an contract hereunder is
y
costs and compensation shall be
subject to the provisions of Chapter 112,
shown in both unit prices and
p
Florida Statutes. Proposers must disclose
extensions whenever applicable,
with their Proposal the name of any officer,
and expressed in U.S. Dollars. In
director, partner, proprietor, associate or
the event of discrepancies existing
agent who is also an officer or employee of
between unit prices and extensions
City or any of its agencies. Further, all
or totals, the unit prices shall
Proposers must disclose the name of any
govern.
officer or employee of City who owns,
7.2. All costs and compensation shall
directly or indirectly, an interest of five
remain firm and fixed for
percent (5%) or more in the Proposer's firm
acceptance for 60 calendar days
or any of its branches or affiliate companies.
after the day of the receipt of such
11. PERFORMANCE BONDS AND
costs and compensation by the
INSURANCE
City.
7.3. An riceproposal re Nested from
y p q
Upon award of a contract, the Successful
the highest ranked firm shall
Proposer, as required .within the scope of
include all franchise fees, royalties,
the solicitation, may be required to submit
performance bonds and/or payment bonds
license fees, etc., as well as all
as may be required by the City. Proposer
costs for transportation or delivery
shall provide certificates of insurance in the
as applicable within the scope of
manner, form and amount(s) specified.
the solicitation
12. SUMMARY OF DOCUMENTS TO BE
8. NON -COLLUSIVE AFFIDAVIT
SUBMITTED WITH PROPOSALS
Each Proposer shall complete the Non -
Collusive Affidavit form and shall submit the
form with their Proposal. City considers the
failure of the Proposer to submit this
document may be cause for rejection of the
Proposal.
9. PUBLIC ENTITY CRIMES
In accordance with Florida Statutes
287.133 2)(i A person or affiliate who
has been placed on the convicted vendor
list following a conviction for public entity
crime may not submit a bid on a contract
to provide any goods or services to a
public entity, may not submit a bid on a
contract with a public entity for the
construction or repair of a public building
or public work, may not submit bids on
leases of real property to public entity,
5
The following is a summary of documents
required to be submitted for this proposal.
Failure to include a technical
proposal/work plan, qualifications, pricing ,
schedules, or any other document that, by
its omission, may prejudice the rights of
other respondents, may result in
immediate rejection of your proposal.
Other forms or documents which, by their
nature do not impact price or the
Proposer's cost of doing business should
accompany the Proposal; but must be
provided within three (3) business days of
the City's request to be considered
responsive.
12.1 A complete Work plan detailing
Offeror's approach, services to be
Cites of Tamarac Purchast2q and Contracts Division
provided and understanding of executed in the corporation's legal
the project. name by the President or other
corporate officer, accompanied by
12.2 OfFerces qualifications and evidence of authority to sign.
experience , including similar Evidence of authority shall be
projects completed, qualifications provided on the enclosed Certified
of personnel assigned to the Resolution form, or by the
project, and references (see company's own Corporate
enclosed reference page). Resolution.
12.3 A complete schedule of milestones
and tasks including number of
hours and personnel assigned to
the milestone/task.
12.4 Certification Forms
12.5 Certified Resolution Form (or firm's
own Corporate Resolution)
12.6 Proposer's Qualifications
Statement Form & References
12.7 Vendor Drug free Workplace Form
12.8 Non -Collusive Affidavit Form
12.9 Proof of applicable insurance.
12.10 Listing of any Sub -Contractors or
Subcontractors to be utilized.
12.11 The City reserves the right to
request the most recently
completed audited financial
statement, or other approved
documentation to verify financial
viability.
13. SUBMISSION OF PROPOSALS
13.1 Proposals must be typed or printed
in ink. Use of erasable ink is not
permitted. All corrections made by
the Proposer should be initialed.
13.2 All proposals shall be submitted in
the English language.
13.3 Proposals must contain a manual
signature of a corporate officer or
designee with the proven authority
to bind the firm in matters of this
nature. The address and telephone
number for any communications
regarding the Proposal must be
included.
13.4 Proposals shall contain an
acknowledgment of receipt of all
addenda.
13.5 Proposals by corporations must be
6
13.6 Proposals by partnerships must be
executed in the partnership name
and signed by a partner, whose
titre must appear under the
signature.
13.7 Proposals shall be submitted to the
Purchasing & Contracts Division
Office on or before the time
indicated in the Request for
Proposals. Proposals shall be
submitted in a sealed envelope
(faxed proposals will not be
accepted under any
circumstances). The envelope
should be clearly marked on the
exterior with the applicable
solicitation name and number. The
envelope should state the name
and address of the Proposer and
should be include all documents as
specified in the Request for
Proposals. Purchasing and
Contracts Division staff is not
responsible for the premature
opening of a Proposal that is not
property addressed and identified.
13.8 In accordance with Florida
Statutes, Chapter §119.07(1 Xa)
and except as may be provided by
other applicable state and federal
law, the Request for Proposal and
the responses thereto are in the
public domain. However,
Proposers are requested to
specifically identify in the submitted
Proposal any financial information
considered confidential and/or
proprietary which may be
considered exempt under Florida
Statute §119.07(t).
13.9 All Proposals received from
Proposers in response to the
Request for Proposal will become
the property of City and will not be
City of Tamarac _ Purchasi and Contracts Division
returned. In the event of Contract intended correct Proposal is not
award, all documentation produced similarly evident, Proposer may
as part of the Contract shall withdraw its Proposal and any bid
become the exclusive property of security will be returned.
City. Thereafter, the Proposer will be
13.10 The Proposer preparing a disqualified from further bidding on
b ' I ' t th' RFP the subject Contract.
su mi tt
a in response o is
shall bear all expenses
15. REJECTION OF PROPOSALS
associated with its preparation.
15.1 To the extent permitted by
The Proposer shall prepare a
applicable state and federal laws
pp
submittal with the understanding
and regulations, City reserves the
that no claim for reimbursement
right to reject any and al!
shall be submitted to the City for
Proposals, to waive any and all
the expense of proposal
informalities not involving time or
preparation and/or presentation.
changes in the work with the
Successful Proposer, and to
14. MODIFICATION AND WITHDRAWAL OF
disregard all nonconforming, non -
PROPOSALS
responsive, or conditional
Proposals. Proposals will be
14.1 Proposals may be modified or
considered irregular and may be
withdrawn by a duly executed
rejected if they show serious
document signed by a corporate
omissions, alterations in form,
officer or other employee with
additions not called for, conditions
designated signature authority.
or unauthorized alterations, or
Evidence of such authority must
irregularities of any kind.
accompany the request for
15.2 City reserves the right to reject the
withdrawal or modification. The
Proposal of any Proposer if City
request must be delivered to the
believes that it would not be in its
Purchasing & Contracts Division
best interest of to make an award
Office at any time prior to the
to that Proposer, whether because
deadline for submitting Proposals.
the Proposal is not responsive, the
Withdrawal of a Proposal will not
Proposer is unqualified, of doubtful
prejudice the rights of an Proposer
financial ability, or fails to meet any
to submit a new Proposal prior to
other pertinent criteria established
the Proposal opening date and
by City within the scope of the
time. No Proposal may be
solicitation.
withdrawn or modified after the
date of proposal opening has
16. QUALIFICATIONS OF PROPOSERS
passed.
16.1 Each Proposer shall complete the
14.2 If, within twenty-four (24) hours
Proposer's Qualifications
after Proposals are opened, any
Statement and submit the form
Proposer files a duly signed,
with the Proposal. Failure to
written notice with the Purchasing
submit the Proposer's
& Contracts Division Office, and
Qualifications Statement and the
within five (5) calendar days
documents required thereunder
thereafter demonstrates to the
may constitute grounds for
reasonable satisfaction of City, by
rejection of the Proposal.
dear and convincing evidence, that
16.2 As a part of the evaluation
there was a material and
substantial mistake in the
process, the City may conduct a
preparation of its Proposal, or that
background investigation
the mistake is dearly evident on
including a criminal record check
the face of the Proposal, but the
of Proposer's officers and/or
employees, by the Broward
7
.2ty of Tamarac
wh
Purchasieg and Contracts Division
County Sheriffs Office.
amount as required by this
Proposer's submission of a
proposal or by the City's Risk
proposal constitutes
Manager before beginning work
acknowledgement of and consent
under this Agreement. Proposer
to such investigation. City shall
shall maintain such insurance in
be the sole judge in determining
full force and effect during the life
Proposer's qualifications.
of this Agreement. Proposer shall
16.3 No shall be accepted
proposal p
provide to the City's Risk
from, nor will any contract be
Manager current certificates of all
awarded to, any person who is in
insurance required under this
arrears to City for any debt or
section prior to beginning any
. d
tract
work
under this
Agreement.
oan , o is a e Ulm I as
surety or otherwise, of any
obligation to City, or who is
deemed irresponsible for unreliable
by City. City will be the sole judge
of said determination.
16.4 City reserves the right to make a
pre -award inspection of the
Proposer's facilities prior to award
of contract.
16.5 Employees of the Proposer shall
at all times be under its sole
direction and not an employee or
agent of the City. The Proposer
shall supply competent and
physically capable employees.
The City may require the
Proposer to remove an employee
it deems careless, incompetent,
insubordinate or otherwise
objectionable. Proposer shall be
responsible to the City for the
acts and omissions of all
employees working under its
directions.
17. INSURANCE
17.1 Proposer 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 Proposer,
its employees, agents, or
subcontractors, if any, with
respect to the work and services
described herein.
17.2 Proposer shall obtain at
Proposer's expense all necessary
insurance in such form and
n
17.3 Proposer shall indemnify and
save the City harmless from any
damage resulting to it for failure
of either Proposer or any Sub -
Proposer to obtain or maintain
such insurance.
17.4 The following are required types
and minimum limits of insurance
coverage, which the Proposer
agrees to maintain during the
term of this contract:
Line of
Business/
Coverage
Commercial
General
Liability
Occurrence
$1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Aggregate
$1,0009000
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest
Clause
Automobile
Liability
Workers'
Compensation
& Employer's
Liability
$19000,000 $190003000
Statutory
17.5 The City reserves the right to
require higher limits depending
upon the scope of work under this
Agreement.
17.6 Neither Proposer nor any Sub -
Proposer shall commence work
under this contract until they have
18.1 GENERAL INDEMNIFICATION:
obtained all insurance required
Proposer shall, in addition to any
under this section and have
other obligation to indemnify the
supplied the City with evidence of
City and to the fullest extent
such coverage in the form of an
permitted by law, protect, defend,
insurance certificate and
indemnify and hold harmless the
endorsement. The Proposer will
City, their agents, elected officials
ensure that all Sub -Proposers will
and employees from and against
comply with the above guidelines
all claims, actions, liabilities,
and will maintain the necessary
losses (including economic
coverages throughout the term of
losses), costs arising out of any
this Agreement.
actual or alleged: a). Bodily injury,
17.7
All insurance carriers shall be
sickness, disease or death, or
rated at least A -VI I per Best's Key
injury to or destruction of tangible
Rating Guide and shall be
property including the loss of use
licensed to do business in
resulting therefrom, or any other
Florida. Policies shall be
damage or loss arising out of or
"Occurrence" form. Each carrier
resulting, or claimed to have
will give the City sixty (60) days
resulted in whole or in part from
notice prior to cancellation.
any actual or alleged act or
omission of the Proposer any
17.8
The Proposer's liability insurance
sub -Contractor, anyone directly or
policies shall be endorsed to add
indirectly employed by any of
the City of Tamarac as an
them, or anyone for whose acts
"additional insured'. The
any of them may be liable in the
Proposer's Workers'
performance of the Work; or b).
Compensation carrier will provide
violation of law, statute,
a Waiver of Subroga#ion to the
ordinance, governmental
City.
administration order, rule,
17.9
The Proposer shall be
regulation, or infringement of
responsible for the payment of all
patent rights by Proposer in the
deductibles and self -insured
Performance of the Work; or c).
retentions. The City may require
liens, claims or actions made by
that the Proposer
the Proposer or any sub -
bond to cover the full amount of
the deductible or self -insured
compensation
ati ensation acts disability
retention.
benefit acts, Other employee
benefit acts or any statutory bar.
17.10
Proposer is to provide
Any cost of expenses, including
professional services under this
attorney's fees, incurred by the
Agreement, and therefore must
City to enforce this agreement
provide the City with evidence of
shall be borne by the Proposer.
Professional Liability insurance
with, at a minimum, a limit of
18.2 Upon completion of all Services,
$1,000, 000 per occurrence and in
obligations and duties provided
the aggregate. "Claims -Made"
for in this Agreement, or in the
forms are acceptable only for
event of termination of this
Professional Liability.
Agreement for any reason, the
17.11
The Successful Proposer agrees
terms and conditions of this
Article shall survive indefinitely.
to perform the work under the
Contract as an independent
18.3 The Proposer shall pay all claims,
contractor, and not as a
losses, liens, settlements or
subcontractor, agent or employee
judgments of any nature
of City.
whatsoever in connection with the
18. INDEMNIFICATION
foregoing indemnifications
including, but not limited to,
9
Cif of Tamarac PurchasitV and Contracts Divisi017
reasonable attomey"s fees creating any joint employment relationship
(including appellate attomeys fees) between the Contractor and the City and
and costs. the City will not be liable for any obligation
incurred by Contractor, including but not
18.4 City reserves the right to select its limited to unpaid minimum wages and/or
own legal counsel to conduct any overtime premiums.
defense in any such proceeding
and all costs and fees associated
therewith shall be the responsibility
of Contractor under the
indemnification agreement.
Nothing contained herein is
intended nor shall it be construed
to waive City's rights and
immunities under the common law
or Florida Statute 768.28 as
amended from time to time.
19. INDEPENDENT CONTRACTOR
An Agreement resulting from this
solicitation does not create an
employee/employer relationship between
the Parties. It is the intent of the Parties
that the Contractor is an independent
contractor under this Agreement and not
the City's employee for any purposes,
including but not limited to, the application
of the Fair Labor Standards Act minimum
wage and overtime payments, Federal
Insurance Contribution Act, the Social
Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal
Revenue Code, the State Workers
Compensation Act, and the State
Unemployment Insurance law. The
Contractor shall retain sole and absolute
discretion in the judgment of the manner
and means of carrying out Contractor's
activities and responsibilities hereunder
provided, further that administrative
procedures applicable to services
rendered under any potential Agreement
shall be those of Contractor, which
policies of Contractor shall not conflict
With City, State, or United States policies,
rules or regulations relating to the use of
Contractor's funds provided for herein.
The Contractor agrees that it is a separate
and independent enterprise from the City,
that it had full opportunity to find other
business, that it has made its own
investment in its business, and that it will
utilize a high level of skill necessary to
perform the work. Any potential
Agreement shall not be construed as
10
20. WARRANTIES
20.1 Successful Proposer warrants to
City that the consummation of the
work provided for in the Contract
documents will not result in the
breach of any term or provision of,
or constitute a default under any
indenture, mortgage, contact, or
agreement to which Successful
Proposer is a party.
20.2 Successful Proposer warrants to
City that it is not insolvent, it is not
in bankruptcy proceedings or
receivership, nor is it engaged in or
threatened with any litigation,
arbitration or other legal or
administrative proceedings or
investigations of any kind which
would have an adverse effect on its
ability to perform its obligations
under the Contract.
20.3 Successful Proposer warrants to
City that it will comply with all
applicable federal, state and local
taws, regulations and orders in
carrying out its obligations under
the Contract.
20.4 All warranties made by Successful
Proposer together with service
warranties and guarantees shall
accrue to the City and the
successors and assigns of City.
21. CONDITION OF ANY MATERIAL
SUPPLIED TO CITY
As may be applicable, any materials and
products which may be supplied by the
Proposer in conjunction with this proposal
shall be new, warranted for their
merchantability, fit for a particular
purpose, free from defects and consistent
with industry standards. The products
shall be delivered to the City in excellent
condition. In the event that any of the
products supplied to the City are found to
be defective or do not conform to the
specifications, the City reserves the right
City of Tamarac Purchasleg and Contracts Division
to return the product to the Bidder at no included in the successful Proposer's costs
cost to the City. except where expressly noted in the
Successful Proposer shall fumish all statement of work, or in instances when the
guarantees and warranties to the City and the successful Proposer mutually
Purchasing and Contracts Division for any determine an altemative method for
materials delivered prior to final payment of such costs.
acceptance and payment. The warranty
period shall commence upon final
acceptance of the product.
22. NON-DISCRIMINATION AND EQUAL
OPPORTUNITY EMPLOYMENT
During the performance of the Contract,
the Contractor shall not discriminate
against any employee or applicant for
employment because of race, color, sex,
religion, age, national origin, marital status,
political affiliation, familial status, sexual
orientation, or disability if qualified. The
Contractor will take affirmative action to
ensure that employees are treated during
employment, without regard to their race,
color, sex, religion, age, national origin,
marital status, political affiliation, familial
status, sexual orientation, or disability if
qualified. Such actions must include, but
not be limited to, the following:
employment, promotion; demotion or
transfer; recruitment or recruitment
advertising, layoff or termination; rates of
pay or other forms of compensation; and
selection for training, including
apprenticeship. The Contractor shall
agree to post in conspicuous places,
available to employees and applicants for
employment, notices to be provided by the
contracting officer setting forth the
provisions of this nondiscrimination
clause. The Contractor further agrees that
he/she will ensure that Subcontractors, if
any, will be made aware of and will
comply with this nondiscrimination clause.
23. TAXES
Successful Proposer shall pay all applicable
sales, consumer use and other similar taxes
required by law.
'24. PERMITS, FEES AND NOTICES
As applicable to the project, successful
Proposer shall secure and pay for all
permits and fees, licenses and charges
necessary for the proper execution and
completion of any work. The costs of all
permits, fees, licenses and charges shall be
11
25 PERFORMANCE
Failure on the part of the Proposer to
comply with the conditions, terns,
specifications and requirements of the bid
shall be just cause for cancellation of the
proposal award. The City may, by written
notice to the Proposal, terminate the
contract for failure to perform. The date of
termination shall be stated in the notice.
The City shall be the sole judge of
nonperformance.
26. TERMINATION
DEFAULT
FOR CAUSE AND
In addition to all other remedies available
to the City, this Agreement shall be
subject to cancellation by the City for
cause, should the Successful Proposer
neglect or fail to perform or observe any of
the terms, provisions, conditions, or
requirements herein contained, if such
neglect or failure shall continue for a
period of thirty (30) days after receipt by of
written notice of such neglect or failure.
27. TERMINATION FOR CONVENIENCE of
CITY
This Agreement may be terminated by the
City for convenience, upon seven (7) days
of written notice by the City to the
Successful Proposer for such termination
in which event the Successful Proposer
shall be paid its compensation for services
performed to termination date, including
services reasonably related to termination.
In the event that the Successful Proposer
abandons this Agreement or causes it to
be terminated, the Successful Proposer
shall indemnify the city against loss
pertaining to this termination.
28. FUNDING OUT
This agreement shall remain in full force
and effect only as long as the
expenditures provided for In the
Agreement have been appropriated by the
City Commission of the City of Tamarac in
of Tamarac
PurchasiiV and Contracts Division
the annual budget for each fiscal year of
33. GOVERNING LAW:
this Agreement, and is subject to
The laws of the State of Florida shall
termination based on lack of funding.
govem this Agreement. Venue shall be
29. AUDIT RIGHTS
Broward County, Florida.
City reserves the right to audit the records of
34. STANDARD AGREEMENT DOCUMENT
Successful Proposer, relating to this
The City may attach as a part of this
contact, at any time during the term of the
solicitation, a Sample Agreement
Contract, and for a period of three (3) years
document. Proposers shall be
after completion of contract. if required by
responsible for complying with all of the
City, Successful Proposer shall agree to
terms and conditions of the Sample
submit to an audit by an independent
Agreement document if included herein,
Certified Public Accountant selected by City.
except where variant or conflicting
Successful Proposer shall allow City to
language may be included in any Special
examine and review the records of
Conditions contained herein. Proposers
Successful Proposer at any and all times
shall note any deviation or variance with
during normal business hours during the
the Sample Agreement document at the
term of the Contract.
time of bid submission.
35. INFORMATION REQUESTS AFTER DUE
30. ASSIGNMENT DATE
30.1 Successful Proposer shall not
Following a recommendation for award,
assign, transfer or subject the
Proposers may download the evaluation
Contract or its rights, title,
results directly from the Internet at
interests or obligations therein without
http:!/vvww.tanlarac.ora.
City's prior written approval.
Pursuant to Florida Statute Chapter 119,
Section 7(m), sealed bids or proposals
30.2 Violation of the terms of this
received by an agency pursuant to
paragraph shall constitute a
invitations to bid or requests for proposals
breach of the Contract by
are exempt from the provisions of
Successful Proposer and City
subsection (1) and s. 24(a), Art. I of the
may, at its discretion, cancel the
State Constitution until such time as the
Contract. All rights, title, interest
agency provides notice of a decision or
and obligations of Successful
intended decision pursuant to F.S.
Proposer shall thereupon cease
§120 57(3)(a), or within 10 days after
and terminate.
bid/proposal opening, whichever is earlier.
31. EMPLOYEES
Employees of the successful Contractor 36. BUDGETARY CONSTRAINTS
shall at all times be under its sole direction In the event the City is required to reduce
and not an employee or agent of the City. contract costs due to budgetary
The Contractor shall supply competent constraints, all services specified in this
and physically capable employees. The document may be subject to a permanent
City may require the Contractor to remove or temporary reduction in budget. In such
an employee it deems careless, an event, the total cost for the affected
incompetent, insubordinate or otherwise service shall be reduced as required. The
objectionable. Bidder shall be responsible Contractor shall also be provided with a
to the City for the acts and omissions of all minimum 30-day notice prior to any such
employees working under its directions. reduction in budget.
32. CITY TAX-EXEMPT STATUS 37. CONTINGENT FEES
The City of Tamarac is exempt from all
Federal, State, and Local taxes. An The Proposer warrants that it has not
exemption certificate will be provided employed or retained any company or
where applicable upon request. person, other than a bona fide employee
working solely for the Proposer to solicit
12
Ci K of Tamarac Purchasing and Contracts Division
or secure this Agreement and that it has higher than those charged the
not paid or agreed to pay any person, Proposer's most favored customer
company, corporation, individual or firm, for the same or substantially
other than a bona fide employee working similar service.
solely for the Proposer any fee, 38.2 The said rates and cost shall be
commission, percentage, gift or any other adjusted to exclude any significant
consideration contingent upon or resulting sums should the City determine
from the award or making of this that the rates and casts were
Agreement.
38. TRUTH -IN -NEGOTIATION
CERTIFICATE
38.1 Execution of any Agreement by
the Proposer resultant from this
solicitation shall act as the
execution of a truth -in -negotiation
certificate certifying that the wage
rates and costs used to determine
the compensation provided for in
this Agreement are accurate,
complete and current as of the
date of the Agreement and no
13
increased due to inaccurate,
incomplete or non -current wage
rates or due to inaccurate
representations of fees paid to
outside consultants. The City shall
exercise its rights under this
"Certificate" within one (1) year
following payment.
Remainder of Page intentionally
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_2of Tamarac Purchasi and Contracts Division
V. STATEMENT OF WORK
MAJOR ARTERIAL CORRIDOR STUDY
1.0 Background
The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles
and is located in Central Broward County. The municipal limits stretch east to west from
just west of Powerline Road near 1-95, to the Sawgrass Expressway, and generally north to
south from Southgate Boulevard to Commercial Boulevard. The City's population is
approximately 60,427 per the 2010 U.S. Census.
2.0 Scope of Services
The City of Tamarac is interested in conducting a Corridor study to identify specific
improvements to the City's Gateways and arterial roadways that will create a unique sense
of place.
The primary focus of this study will be the City of Tamarac's major arterial roadways:
North/South- University Drive from the northern City limits to the southern City limits, State
Road 7 from the northern City limits to the southern City limits. East/West- Commercial
Boulevard from the Sawgrass Expressway east to Prospect Road, and McNab Road from
its western terminus east to NW 7& Avenue, as well as prominent gateways to the City.
The study should focus on various potential infrastructure and/or aesthetic improvements or
additions:
2.1 Provide an analysis of the gateways to the City and suggest distinctive features
such as signage, landscape, and street surface modifications within public right-of-
way and/or existing easements.
2.2 Review corridor landscaping strengths and weaknesses and outline improvement
opportunities within the public right-of-way. List areas of notable landscaping and
rank areas for suggested improvements.
2.3 Suggest improvements in streetscape, such as signage along the subject corridors,
lighting, street furniture, landscaping, etc. in order to create a sense of place.
2.4 Identify priorities for placement of walls where these corridors abut residential
properties based on density of residential property, proximity of residences to right-
of-way and average daily traffic of roadway. The type of wall suggested, specific
placement, and overall length should be clearly illustrated.
2.5 Make recommendations regarding the type of wall(s) appropriate to the proposed
location(s), and provide relative construction costs for each location. Such
renderings shall include a landscape plan consistent with the existing Code of the
City of Tamarac.
2.6 Review the City's existing long range plan and project future changes/impacts on
the future of these key corridors.
2.7 Review the City of Tamarac Code of Ordinances and make recommendations for
14
City of Tamarac Purchasi2g and Contracts Division
amendments as appropriate.
3.0 Tasks / Services to be provided
3.1 Conduct analysis and reviews
of existing
conditions- Analyze
and review
existing conditions as defined in
Section 2.0
"Scope of Services"
herein.
3.2 Community outreach, Define Vision- Develop public involvement plan and
gather stakeholder input from all relevant public and private stakeholders.
Develop a vision that defines the physical, functional, aesthetic and cultural
character of each corridor.
3.3 Technical Review, Public Review and Plan Refinement- The draft study will
be circulated among City staff and other agency staff as appropriate for a
technical review. The consultant shall revise the study as appropriate prior to
presentation at public meetings. The consultant shall present the draft corridor
vision and supporting documentation at public meetings and refine the study
based on public input.
3.4 Implementation Strategy- Recommend an implementation strategy. The
implementation strategy shall identify and recommend infrastructure improvements,
prioritize the improvements, recommended phasing of improvements, and provide
development strategies needed to realize the plan.
3.5 City staff will present the plans to appropriate Boards, Commissions, and the Mayor
and City Commission. The consultant shall revise the plans according to final City
Commission direction, and shall be available for meetings and at least one
presentation to the City Commission.
4.0 Deliverables
The consultant shall provide the following tangible deliverables as a result of this study.
4.1 Color conceptual renderings of proposed new entryway signage.
4.2 Color conceptual renderings of all proposed landscape improvements.
4.3 Color conceptual renderings of proposed streetscape improvements.
4.4 Color conceptual renderings of proposed wall design(s). Such renderings shall
include proposed landscaping.
4.5 A comprehensive overall implementation plan which allows for phased
development in order of priority and includes approximate costs for each
segment.
5.0 Schedule
Offeror shall provide the City with a project schedule complete with project milestones and
tasks. Schedules shall include specific information regarding estimated hours and personnel to be
devoted to each milestone/task.
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Ciof Tamarac Purchasi and Contracts Division
VI. PROPOSAL SELECTION
The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The
City reserves the right to select the Proposer who represents the best value, and to accept or reject
any proposal submitted in response to this solicitation. The City's Evaluation and Selection
Committee will act in what they consider to be the best interest of the City and its residents.
Price shall not be the sole determining factor for selection, as indicated in the following section:
VII. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
The City Manager will appoint an Evaluation and Selection Committee to review Proposals.
The City reserves the right to select the Proposer who represents the best value, and to
accept or reject any proposal submitted in response to this solicitation. The City's
Evaluation and Selection Committee will act in what they consider to be the best interest of
the City and its residents.
Selection shall be based solely on the Proposer's qualifications and experience as
enumerated in the Selection Criteria. Price shall not be a factor in the evaluation of
proposals. Proposals that are deemed not to meet completeness or compliance
requirements may, at the sole discretion of the City, not be considered further. The City of
Tamarac reserves the right to request additional information or clarification from any or all
respondents in order to assist with the evaluation of each respondent and their proposal.
Price Negotiations with Highest Ranked Firm: Upon selection of the highest ranked
proposal, the City shall negotiate a fee structure with the highest ranked firm. In the event
that an appropriate fee structure cannot be negotiated with the highest ranked firm, the City
shall reject the proposal, and move to the next highest ranked firm, and so on, until
agreement can be reached on an appropriate fee structure.
The City's evaluation criteria may include, but shall not be limited to, the following:
Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all
conditions and requirements of the Request for Proposals.
1.
2.
Quality of Response S Services to be Provided
i.Clearly demonstrated understanding of the work to be performed.
ii.Completeness and reasonableness of the offeror's plan/proposal for
accomplishing the tasks.
iii.Level of creativity demonstrated by the offeror's proposed methodologies for
meeting the requirements of this proposal.
iv. The exact type and nature of the offeror's proposed services and how they
accomplish the objectives of the project as demonstrated by the offeror's
work plan; as well as the ability to rapidly respond to the City's needs, as
defined in the Evaluation Criteria set forth.
Schedule. This refers to the offeror's proposed milestone/task schedule. The
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City of Tamarac Purchasina and Contracts Division
schedule shall be a critical element of this contract. The offeror shall provide a complete
schedule of all proposed project milestones and tasks to be provided. Schedules shall
include specific information regarding estimated hours and personnel to be devoted to each
milestone/task. Evaluation of the criteria will be judged based on the reasonableness of the
schedule.
3. Qualifications of the Contractor. Offeror's capability hall respects to perform fully
the contract requirements, and the tenacity, perseverance, experience, integrity, and
reliability which will assure good faith performance, as well as satisfactory reference
verification. This criteria includes:
i. The experience of the firm and its record on engagements of a similar
nature, including the ability to serve in a similar capacity for other units of
government or organizations.
ii. Personnel to be assigned to the project, and their education, capabilities,
qualifications and experience with similar projects.
iii. Available resources to complete the project in a timely manner including the
depth and expertise of available personnel, and the ability to assign
personnel to this project.
iv. Reference information gathered from other entities regarding the past
experience of the firm; and
v. Other areas addressed in the Statement of Work herein.
B. ACCEPTABLITY OF PROPOSALS
The Offer shall be evaluated solely in accordance with the criteria set forth herein. The
proposals shall be categorized as follows:
1. Acceptable ;
2. Potentially Acceptable; that is reasonably susceptible of being made
acceptable; or
3. Unacceptable.
C. AWARD OF AGREEMENT
Award shall be made by the City to the responsible offeror whose proposal is determined to
be the most advantageous to the City, taking into consideration price and the evaluation
criteria set forth herein below. The City of Tamarac reserves the right to accept the
Proposal as a whole, or for any component thereof if it appears to be in the best interest of
the City.
D. WEIGHTED CRITERIA
Points will be assigned to each proposal based on the following weighted criteria:
CRITERIA POINTS
1. Compliance with Request for Proposal (Mandatory) N/A
2. Quality of Response & Services to be Provided 35 points
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Cif of Tamarac Purchasi and Contracts on
Divisi
4.
Qualifications of the Proposer/Expertise
50
points
5.
Schedule
15
points
These weighted criteria are provided to assist Proposers in the allocation of their time and
efforts during the proposal preparation process. The criteria also guide the Evaluation
Committee during the short -listing and final ranking of proposers by establishing a general
framework for those deliberations.
Once the Proposals are evaluated, a "short-list' may be selected to make presentations to
the Evaluation and Selection Committee, prior to a recommendation for award.
E. DISCUSSIONS & PRESENTATIONS
The short-listed Proposers may be requested to make presentations to the Committee. The
City may require additional information after evaluation of the submittals, and Proposers
agree to furnish such information upon the City's request.
All Proposers are advised that in the event of receipt of an adequate number of proposals,
which in the opinion of the Evaluation Committee require no clarification and/or
supplementary information, such proposals may be evaluated without discussion or need for
presentations. Hence, proposals should be initially submitted on the most complete and
favorable terms which Proposers are capable of offering to the City.
The Evaluation Committee may conduct discussions with any Proposer who submits an
acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal
treatment with respect to any opportunity for discussion and revision of proposals. The
Evaluation Committee reserves the right to request the Proposer to provide additional
information during this process.
F. RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and federal laws and regulations, City reserves the
right to reject any and all Proposals, to waive any and all informalities not involving price, time
or changes in the work, and to disregard all nonconforming, non -responsive, or conditional
Proposals. Proposals will be considered irregular and may be rejected if they show serious
omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or
irregularities of any kind.
City reserves the right to reject any Proposal if City believes that it would not be in its best
interest to make an award to a particular Proposer, either because the Proposal is not
responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other
pertinent criteria established by City within the scope of this solicitation.
VIII. PROPOSAL COPIES
Return One (1) Original and five (5) copies in an envelope marked with your firm's name and "RFP 12-
04R, MAJOR ARTERIAL CORRIDOR STUDY"
to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 8e Avenue, Tamarac, Florida
33321, attention: Keith K. Glatz, CPPO, FCPM, Purchasing & Contracts Manager. Any addenda
become part of this Request of Proposal and the resulting agreement. The Proposal Form included
herein should be signed by an authorized company representative, dated and returned with the
18
Ciy of Tamarac Purchasing and Contracts Division
Proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any
discussions with any City employee. Only those communications that are issued in writing from the
Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only
communications from Proposers that are signed in and in writing will be recognized by the City as duly
authorized expressions on behalf of the Proposer.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER -THAN THE PURCHASING
AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THIS
REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION
PROCESS.
Remainder of Page Intentionally Blank
19
Ci of Tamarac Purchasing and Contracts Division
SUBMITTED BY:
Company Name:
Address:
City:
Telephone:
Email:
PROPOSAL FORM
RFP 12-04R
MAJOR ARTERIAL CORRIDOR STUDY
FAX:
State: Zip:
The City of Tamarac desires to have the ability to use a city credit card for payment. Will your
firm accept a Visa credit card as payment from
a Yes
0
the City of Tamarac?
No
NOTE: To be considered eligible for award, one (1) original copy of this proposal form must
be submitted with the Proposal.
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
20
t of Tamarac Purchasing► and Contracts Division
COMPANY NAME: (Please Print):
Phone: Fax:
BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...
❑ 1. Carefullyread the General Terms & Conditions Special Conditions n th p and a General
Requirements.
U 2. Provide a complete Work Plan detailingOfferor's approach, services to be provided and
PP �
understanding of the project.
❑ 3.
Offeror's qualifications and experience, includingsimilar projects completed, qualifications
P J P �q
of personnel assigned to the project as well as the capabilities of firm, including resumes
of key personnel.
F-1 4.
Schedule of milestones and tasks includingestimated number of hours and personnel
assigned to the milestone/task.
F-1 5.
Fill out and sign the Non -Collusive Affidavit and have it notarized.
properly
❑ 6.
Sign the Certification page. Failure to do so will result in our Bid bean deemed non-
responsive.
❑ 7.
Fill out the Proposer's Qualification Statement and Reference Form.
F-1 8.
Sign the vendor Drug Free Workplace Form.
❑ 9.
Fill out the List of Sub -Contractors or Subcontractors, if applicable.
F110.
Fill out and sign the Certified Resolution.
El 11.
Include all necessary Financial Statements requested.
F112.
Include proof of insurance.
[J 13.
Provide any additional documentation requested within the Proposal Document.
q P
014.
Submit ONE (1) Original AND the number of copies requested in the Proposal
p q p
Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND
PROPOSAL NAME on the outside of the package.
Make sure your Proposal is submitted PRIOR to the deadline.
Late Proposals will not be accepted.
Failure to provide the requested attachments may result in your proposal
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL.
REFERENCES
Please list government agencies and/or private firms with whom you have done business
21
Ci�of TamaracPurchasi and Contracts Division
during the last five years for similar projects:
Your Company Name
Address
City State Zip
Phone/Fax
E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
22
City of Tamarac Purchasing and Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the item(syservice(s) described in the
Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope
of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers,
Terms and Conditions, and any addenda issued. We agree to comply with all of the
requirements of the entire Request for Proposals.
Indicate which type of organization below:
INDIVIDUAL ❑
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
PARTNERSHIP ❑
Email address for above signer (if any)
23
CORPORATION El OTHER [-I
Company Name
Address
City, State, ZIP
Federal Tax ID Number
City of Tamarac Purchasing and Contracts Division
PROPOSER'S QUALIFICATION STATEMENT
The Proposer, under oath certifies to the truth and correctness of all statements and of all
answers to questions made hereinafter:
1. If Proposer is a corporation, answer the following:
a) Date of Incorporation: State of Incorporation:
2. If Proposer is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
3. How many years has your organization been in business under its present business name?
a) Under what other former names has your organization operated?
4. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary).
5. State the name of the individual who will serve as the primary contact for the City:
6. State the names and addresses of all businesses and/or individuals who own an interest of
more than five percent (5%) of the Proposer's business and indicate the percentage owned of
each such business and/or individual:
7. Has your company ever declared bankruptcy? Yes ❑ No M
If yes, explain:
8. Have you ever received a
contract
or a purchase
order from the City of Tamarac or other
governmental entity? Yes
❑ No ❑
If yes, explain:
(date, service/project, bid title etc.)
24
'City of Tamarac Purchasing and Contracts Division
9. Have you ever received a complaint on a contract or bid awarded to you by any governmental
entity? Yes ❑ No ❑ If yes, explain:
10. Have you ever been debarred or suspended from doing business with any governmental
entity?
Yes ❑ No ❑ If yes, explain:
11. Bank References:
Bank Address Telephone
Remainder of Page Intentionally Blank
25
Giyof Tamarac �. Purchasirx� and Contracts Division
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the
State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected
(Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act
by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME
TITLE
SIGNATURE
Given under my hand and the Seal of the said corporation this day of , 20_;
(SEAL)
NOTE:
By:
Secretary
Corporate Title
The above is a suggested form of the type of Corporate Resolution. desired. Such form need not be
followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the
City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly
empowered by the corporation to do so in its behalf.
26
City of 1 amarac Purchaser and Contracts Dtvis/W
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of
says that:
being first duly sworn, deposes and
1. He/she is the (Owner, Partner, officer,
Representative or Agent) of , the Proposer
that has submitted the attached Proposal;
2. He/she is fully informed respecting the preparation and contents of the attached Proposal
and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit
a collusive or sham Proposal in connection with the Work for which the attached Proposal
has been submitted; or to refrain from bidding in connection with such Work; or have in any
manner, directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Proposer, firm, or person to fix the price or prices in the attached
Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the
Proposal price or the Proposal price of any other Proposer, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against
(Recipient), or any person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer
or any other of its agents, representatives, owners, employees or parties in interest,
including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
27
By
Printed Name
Title
City of Tamarac Purchasi2g and Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that
he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
0 Personally known to me, or
0 Produced identification:
(Type of Identification Produced)
0 DID take an oath, or 0 DID NOT take an oath
28
�it of Tamarac _ Purchasing and Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying
they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This
requirement affects all public entities of the State and becomes effective January 1, 1991.
The special condition is as follows:
IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more proposals that are equal with respect to price,
quality, and service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given preference in
the award process. Established procedures for processing be proposals will be followed if
none of the tied vendors have a drug -free workplace program. In order to have a drug free
workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later that
five (5) days after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I certify that
this form complies fully with the above requirements.
Authorized Signature
29
Company Name
City of Tamarac Purchasing and Contracts Division
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
to the City of Tamarac for
2. This sworn statement is submitted by
(Name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN)
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement:
3. My name is
(Print name of individual signing)
My relationship to the entity named above is
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to,
any bid or contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statute, means a finding of guilt ar a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought
by indictment or information after July 111989, as a result of a jury verdict, non -jury trial, or
entity of a plea of guilt or nolo contendere.
6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime: or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The owner by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
30
Ci of Tamarac Purchasi2q and Contracts Division
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding contract and which bids or applies to bid on
contracts led by a public entity or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members and agents who are active in management of
an entity.
8. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity were charged with and
convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity was charged with and
convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, or the affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
(Date)
31
City of Tamarac Purchasing and Contracts Division
FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
j k
This Agreement is made and entered into this day of , 20 ,
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, Fl. 33321 (the "City") and , a corporation
with principal offices located at (the "Consultant) to provide for
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Document No including
all conditions therein, (including any General Terms and Conditions, Supplementary Conditions,
Statement of Work or any other provisions contained within the document), any and all addenda,
Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and
insurance certificate(s), the City Resolution awarding the project, and all modifications issued after
execution of this Agreement. These documents form the Agreement, and all are as fully a part of
the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict
between this document and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to
2.1.2 Consultant shall
2.1.3 Consultant shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Consultant shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Consultant shall
at all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Consultant's expense.
2.1.4 Consultant shall provide the City with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any
schedule change with the exception of changes caused by inclement
weather.
2.1.5 Consultant shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Consultant, its employees, agents or
sub -consultants, if any, with respect to the work and services described
32
Cif f Tamarac _w Purchasi and Contracts Division
herein.
2.1.6 STANDARD OF CARE: Consultant shall exercise the same degree of care,
-skill, and diligence in the performance of the Services as is ordinarily
provided by a professional under similar circumstances and Consultant shall,
at no additional cost to the City, re -perform services which fail to satisfy the
foregoing standard of care.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as specified in the original bid or proposal document or as required
by the City's Risk and Safety Manager before beginning work under this Agreement
including, but not limited to, Workers' Compensation, Commercial General Liability,
and all other insurance as required by the City, including Professional Liability when
appropriate. Consultant shall maintain such insurance in full force and effect during
the life of this Agreement. Consultant shall provide to the City's Risk and Safety
Manager certificates of all insurances required under this section prior to beginning
any work under this Agreement. The Consultant will ensure that all subcontractors
comply with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Consultant shall indemnify and hold the City harmless for any damages resulting
from failure of the Consultant to take out and maintain such insurance. Consultant's
Liability Insurance policies shall be endorsed to add the City as an additional
insured. Consultant shall be responsible for payment of all deductibles and self-
insurance retentions on Consultant's Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City execution of
this Agreement. The work shall be completed no later than , 20
5) Contract Sum
The Contract Sum for the above work is Dollars and cents
6) Payments
The City shall Consultant based on completed milestones to be submitted as individual
payment requests. Properly submitted payment requests shall provide detailed information
regarding work completed, hours expended, as well as personnel billing and overhead
costs. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation
to indemnify the City and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City, their agents, elected officials and employees
from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or
death, or injury to or destruction of tangible property including the loss of use
resulting therefrom, or any other damage or loss arising out of or resulting, or
33
Dof 7`amarac _ Purchasi and Contracts Division
claimed to have resulted in whole or in part from any actual or alleged act or
omission of the Consultant, any sub -Consultant, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance, governmental
administration order, rule, regulation, or infringement of patent rights by Consultant
in the performance of the Work; or c). liens, claims or actions made by the
Consultant or any sub -consultant under workers compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement shall be
borne by the Consultant.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but not
limited to, reasonable attorney's fees (including appellate attorneys fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the responsibility
of Consultant under the indemnification agreement. Nothing contained herein is
intended nor shall it be construed to waive City's rights and immunities under the
common law or Florida Statute 768.28 as amended from time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Consultant shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified The
Consultant will take affirmative action to ensure that employees are treated during employment,
without regard to their race, color, sex, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but
not be limited to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant
further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will
comply with this nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It
is the intent of the Parties that the Consultant is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,
the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The
Consultant shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out Consultant's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be those of
Consultant, which policies of Consultant shall not conflict with City, State, or United States policies,
34
Char of Tamarac Purchasing and Contracts Division
rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant
agrees that it is a separate and independent enterprise from the City, that it had full opportunity to
find other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Consultant and the City and the City will not be liable for
any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or
overtime premiums.
10) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this Agreement without
the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to Ci Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONSULTANT
11.1 Notices shall be effective when received at the address specified above. Changes in
the respective addresses to which such notice may be directed may be made from
time to time by any party by written notice to the other party. Facsimile is acceptable
notice effective when received, however, facsimiles received (i.e.; printed) after 5:00
p.m. or on weekends or holidays, will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
11.2 Nothing contained in this Section shall be construed to restrict the transmission of
routine communications between representatives of Consultant and City.
11.3 Consultant shall be reasonably available to the City through telephone access and
shall notify the City promptly of any absence or anticipated delay in the performance
of services under this Agreement.
35
pity of Tamarac Purchasing and Contracts Division
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Consultant for
such termination in which event the Consultant shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Consultant abandons this Agreement or causes it
to be terminated, Consultant shall indemnify the city against loss pertaining to this
termination.
12.2 Default by Consultant: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Consultant neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall continue
for a period of thirty (30) days after receipt by Consultant of written notice of such
neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not
avoid. The term "Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It includes, but
is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
13.2 Neither party shall, however, be excused from performance if nonperformance is due
to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The nonperforming party shall, within
a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter
in force. The venue for actions arising out of this agreement is fixed in Broward County,
Florida.
36
Cit of 1 amarac Purchasing and Contracts Division
16) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation evidencing that
the signatory for Consultant has the authority to enter into this Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in 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. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Consultant and the City, and
negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Consultant and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert
such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
19) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary constraints, all
services specified in this document may be subject to a permanent or temporary reduction
in budget. In such an event, the total cost for the affected service shall be reduced as
required. The Contractor shall also be provided with a minimum 30-day notice prior to any
such reduction in budget.
20) Nondisclosure of Proprietary Information
Consultant shall consider all information provided by City and all reports, studies,
calculations, and other documentation resulting from the Consultant's performance of the
Services to be proprietary unless such information is available from public sources.
Consultant shall not publish or disclose proprietary information for any purpose other than
the performance of the services without the prior written authorization of City or in response
to legal process.
21) Contingent Fees
The Consultant warrants that it has not employed or retained any company or person, other
37
gitX of Tamarac Purchash29 and Contracts Division
than a bona fide employee working solely for the Consultant to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any
fee, commission, percentage, gift or any other consideration contingent upon or resulting
from the award or making of this Agreement.
22) Truth -in -Negotiation Certificate
22.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -
in -negotiation certificate certifying that the wage rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete and current
as of the date of the Agreement and no higher than those charged the Consultant's
most favored customer for the same or substantially similar service.
22.2 The said rates and cost shall be adjusted to exclude any significant sums should the
City determine that the rates and costs were increased due to inaccurate,
incomplete or non -current wage rates or due to inaccurate representations of fees
paid to outside consultants. The City shall exercise its rights under this "Certificate"
within one (1) year following payment.
23) Ownership of Documents
Consultant shall be required to work in harmony with other consultants relative to providing
information requested in a timely manner and in the specified form. Any and all work
products, documents, records, disks, original drawings, specifications or other information
developed as a result of this Agreement shall become the property of the City upon
completion for its use and distribution as may be deemed appropriate by the City. 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.
REMAINDER OF PAGE INTENTIONALLY BLANK
38
City of Tamarac Purchasi and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONSULTANT, signing by and through its , duly authorized to execute same.
ATTEST:
Peter M.J. Richardson, CRM, CIVIC
City Clerk
Date
ATTEST:
CITY OF TAMARAC
Pamela Bushnell, Mayor
Date
Michael C. Cernech, City Manager
Date:
Approved as to form and legal sufficiency:
City Attorney
Company Name
(Corporate Secretary) Signature of President/Owner
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Type/Print Name of President/Owner
Date
39
Cif of Tamarac Prrchasf and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
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
of ,
a Corporation, to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this _ day of
20
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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A
cif of T aamarac Puchas and Cor. it -acts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
KEITH AND SCHNARS, P.A.
This Agreement. is made and entered into this 20
9 day Y of
by and between the City of Tamarac, a municipal corporation with princip4 offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Keith and Schnars, P.A.., a
Florida corporation with principal offices located at 6500 North Andrews Ave., Fort
Lauderdale, Florida 33309 (the "Consultant") to provide for a complete Major Arterial
Corridor Study, and related ancillary services for the City of Tamarac.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal #12-04R,
"Major Arterial Corridor Study" issued by the City of Tamarac on October 11, 2011, including all
conditions therein, (including any General Terms and Conditions, Supplementary Conditions,
Statement of Work or any other provisions contained within the document), any and all addenda,
Proposal executed and submitted by the Consultant dated November 10, 2011, specifications,
bond(s), (if applicable), and insurance certificate(s), the revised Proposal submitted by the
Consultant dated December 21, 2011, which is now included herein as Exhibit "1 " to the
Agreement, City Resolution awarding the project, and all modifications issued after execution of this
Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if
attached to this Agreement or repeated therein. In the event of a conflict between this document
and any other contract documents, this Agreement including Exhibit "1" attached hereto, shall
prevail followed by the Request for Proposal #12-05R, "MajorArterial Corridor Study" issued by the
City of Tamarac on October 11, 2011 and then by the Consultant's proposal response dated
November 10, 2011.
z) The Work
2.1 The Consultant shall furnish all labor, materials and equipment necessary, and
perform all work for the City required by the contract documents as set forth below
to complete a Major Arterial Corridor Study for the City of Tamarac in accordance
with the provisions included herein as Exhibit "1 ".
2.2 Consultant shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
2.3 Consultant shall provide the City with seventy-two (72) hours written notice prior to
the beginning of work under this Agreement.
2.4 Consultant shall comply with any and ail Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Consultant, its employees, agents or sub -consultants, if
any, with respect to the work and services described herein.
1
A
. nor -1, aMa'a IC Purchasjr and Contracts Division
2.5 STANDARD OF CARE: Consultant shall exercise the same degree of care, skill,
and diligence in the performance of the Services as is ordinarily provided by a
professional under similar circumstances and Consultant shall, at no additional cost
to the City, re -perform services which fail to satisfy the foregoing standard of care.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as specified in the original bid or proposal document or as required
by the City's Risk and Safety Manager before beginning work under this Agreement
including, but not limited to, Workers' Compensation, Commercial General Liability,
and all other insurance as required by the City, including Professional Liability when
appropriate. Consultant shall maintain such insurance in full force and effect during
the life of this Agreement. Consultant shall provide to the City's Risk and Safety
Manager certificates of all insurances required under this section prior to beginning
any work under this Agreement. The Consultant will ensure that all subcontractors
comply with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Consultant shall indemnify and hold the City harmless for any damages resulting
from failure of the Consultant to take out and maintain such insurance. Consultant's
Liability Insurance policies shall be endorsed to add the City as an additional
insured. Consultant shall be responsible for payment of all deductibles and self-
insurance retentions on Consultant's Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City execution
of this Agreement, and shall be completed within 275 days from that date, or from such date as
indicated by a Notice to Proceed as may be issued by the City.
5) Contract Sum
The Contract Sum for the above work is Ninety Thousand Dollars and no cents ($90,000)
per the Task Fee Schedule provided in Exhibit "I" herein.
6) Payments
The City shall pay Consultant based on completed milestones to be submitted as individual
payment requests. Properly submitted payment requests shall provide detailed information
regarding work completed, hours expended, as well as personnel billing and overhead costs. All
payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, Chapter
218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation
to indemnify the City and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City, their agents, elected officials and employees
from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or
death, or injury to or destruction of tangible property including the loss of use
resulting therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act or
2
CiZ or Tamarac PurchasirE and Contracts Division
n
omission of the Consultant, any sub -Consultant, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance, governmental
administration order, rule, regulation, or infringement of patent rights by Consultant
in the performance of the Work; or c). liens, claims or actions made by the
Consultant or any sub -consultant under workers compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement shall be
borne by the Consultant.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but not
limited to, reasonable attorney's fees (including appellate attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the responsibility
of Consultant under the indemnification agreement. Nothing contained herein is
intended nor shall it be construed to waive City's rights and immunities under the
common law or Florida Statute 768.28 as amended from time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Consultant shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The
Consultant will take affirmative action to ensure that employees are treated during employment,
without regard to their race, color, sex, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but
not be limited to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant shall agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant
further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will
comply with this nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It
is the intent of the Parties that the Consultant is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,
the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The
Consultant shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out Consultant's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be those of
Consultant, which policies of Consultant shall not conflict with City, State, or United States policies,
rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant
3
r
►3i ` "'-1, rrjarac Purche-'mrf is and Contracts Division
agrees that it is a separate and independent enterprise from the City, that it had full opportunity to
find other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Consultant and the City and the City will not be liable for
any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or
overtime premiums.
10) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this Agreement without
the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONSULTANT
Mr. Michael L. Davis, Vice President
Keith and Schnars, P.A.
6500 North Andrews Avenue
Fort Lauderdale, FL 33309
(954) 776-1616 Voice
(954) 771-7690 Fax
mdavi p,kelthandsch,na,rs.c�om,
11.1 Notices shall be effective when received at the address specified above. Changes in
the respective addresses to which such notice may be directed may be made from
time to time by any party by written notice to the other party. Facsimile is acceptable
notice effective when received, however, facsimiles received (i.e.; printed) after 5:00
p.m. or on weekends or holidays, will be deemed received on the next business day.
The original of the notice must additionally be mailed as required herein.
11.2 Nothing contained in this Section shall be construed to restrict the transmission of
routine communications between representatives of Consultant and City.
4
itE of 1 amarac Purchasir!2 and Contracts Division
11.3 Consultant shall be reasonably available to the City through telephone access and
shall notify the City promptly of any absence or anticipated delay in the performance
of services under this Agreement.
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Consultant for
such termination in which event the Consultant shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Consultant abandons this Agreement or causes it
to be terminated, Consultant shall indemnify the city against loss pertaining to this
termination.
12.2 Default by Consultant: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Consultant neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall continue
for a period of thirty (30) days after receipt by Consultant of written notice of such
neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not
avoid. The term "Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It includes, but
is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
13.2 Neither party shall, however, be excused from performance if nonperformance is due
to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The nonperforming party shall, within
a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter
in force. The venue for actions arising out of this agreement is fixed in Broward County,
5
Florida.
16) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation evidencing that
the signatory for Consultant has the authority to enter into this Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such prohibition or onenforceability
without invalidating the remaining provisions hereof or affecting the validity or enforceability
of such provisions in any other jurisdiction. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Consultant and the City, and
negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Consultant and the City.
19) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert
such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
20) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary constraints, all
services specified in this document may be subject to a permanent or temporary reduction
in budget. In such an event, the total cost for the affected service shall be reduced as
required. The Contractor shall also be provided with a minimum 30-day notice prior to any
such reduction in budget.
21) Nondisclosure of Proprietary Information
Consultant shall consider all information provided by City and all reports, studies,
calculations, and other documentation resulting from the Consultant's performance of the
Services to be proprietary unless such information is available from public sources.
Consultant shall not publish or disclose proprietary information for any purpose other than
the performance of the services without the prior written authorization of City or in response
to legal process.
6
Cii , of Tamarac Purchase and Contracts Division
22) Contingent Fees
The Consultant warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Consultant to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any
fee, commission, percentage, gift or any other consideration contingent upon or resulting
from the award or making of this Agreement.
23) Truth -in -Negotiation Certificate
23.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -
in -negotiation certificate certifying that the wage rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete and current
as of the date of the Agreement and no higher than those charged the Consultant's_
most favored customer for the same or substantially similar service.
23.2 The said rates and cost shall be adjusted to exclude any significant sums should the
City determine that the rates and costs were increased due to inaccurate,
incomplete or non -current wage rates or due to inaccurate representations of fees
paid to outside consultants. The City shall exercise its rights under this "Certificate"
within one (1) year following payment.
24) Ownership of Documents
Consultant shall be required to work in harmony with other consultants relative to providing
information requested in a timely manner and in the specified form. Any and all work
products, documents, records, disks, original drawings, specifications or other information
developed as a result of this Agreement shall become the property of the City upon
completion for its use and distribution as may be deemed appropriate by the City. 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.
REMAINDER OF PAGE INTENTIONALLY BLANK
7
.% -' Tamarac
arac Purchasing and Contracis Divislor)
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONSULTANT, signing by and through its Vice President, duly authorized to execute
same.
ATTEST:
(CorporgWSecretary)
Mark J. Moshier
Corporate Secy.
(CORPORATE SEAL)
ITY OF TAMARAC
,,L tk�Lc
Pamela Bushnell, Mayor
Approved
City
V1il 1 IriLA 1,
y
to form
KEITH AND SCHNARS, P.A.
Michael L. Davis
Vice President
Date
sufficiency:
ft
City f Tamarac Purchcasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF BROWARD:
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 Michael L. Davis, Vice
President, of Keith and Schnars, P.A., a Florida Corporation, to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal this ie!'tiay of Ft&JAIA 20�.
Signature of Not Public
DONNA M. SOUZA State of Florida at Large
C,ommi On DD ?7M
ms latch 18, 2012
, -bOA)AJ-ASo U -tpr
Print, Type or Stamp
Name of Notary Public
Personally known to me or
[] Produced Identification
9
Type of I.D. Produced
❑ DID take an oath, or
F-1 DID NOT take an oath.
Exhibit I "
Major Arterial Corridor Study
City of Tamarac
Scope of Consulting Services
Preamble
The City of Tamarac (City) is interested in conducting a Corridor Study (Study) to identify specific
aesthetic improvements to the City's gateways and arterial roadways in order to create a unique
sense of place. The areas to be reviewed under this Study are the City's major arterial roadways,
including all right of way and easements. The major roadways are: (1) North/South- University
Drive from the northern City limits to the southern City limits, (2) State Road 7 from the northern
City limits to the southern City limits, (3) East/West- Commercial Boulevard from the Sawgrass
Expressway east to Prospect Road, and (4) McNab Road from its western terminus east to NW
70th Avenue.
Keith and Schnars, P.A. (CONSULTANT) proposes to provide professional landscape architectural
planning and public involvement services associated with the preparation of the Study.
The City of Tamarac shall provide related information on proposed future projects, and ongoing
studies; base information such as roadway plans, easements, as -built information for all utilities;
and meeting facilities.
1.0 Analysis and Reviews of Existing Conditions:
CONSULTANT shall review information supplied by the City of Tamarac and advise on any
additional information, other data, or additional service needed.
A. Kick off Meeting - The CONSULTANT shall meet with the City Staff to coordinate the
delivery of products, study development process, review time frames and areas of
particular concerns; as well as establish point source relationships, review the overall
process in general and collect initial data. CONSULTANT will discuss the public
involvement plan and coordinate a list of the key stakeholders of the corridors.
B. The CONSULTANT shall develop base maps from information provided by the City.
C. The CONSULTANT shall review the general conditions, characteristics, aesthetics,
and physical features of the corridors. The review shall include text descriptions and
photographs.
D. The CONSULTANT shall perform an analysis of the corridors that will be used to
recommend improvements and placement of gateways, signage, residential buffer
5
walls, and hardscape modifications; as well as, define opportunities, constraint related
to such features.
E. Progress Meeting - The CONSULTANT shall meet with the City Staff to review the
work in progress.
F. Deliverables:
• Kickoff meeting;
• Progress Meeting; and
• Analysis Report.
CONSULTANT'S lump sum fee for this service shall be .................................... $ 28,985.00
2.0 Community outreach:
CONSULTANT will, in coordination with the City, identify the various stakeholders for the
project and will prepare a public information plan outlining the public involvement for one
community meeting
A. Community Meeting: Early in the process, CONSULTANT will facilitate one (1)
Community Meeting to present the Draft Study, an overview of the Arterial Corridor
Study. This meeting will provide an opportunity to obtain public input from
stakeholders. A Power Point presentation and study area presentation boards will be
provided. CONSULTANT will prepare notification flyers for this meeting, briefly
explaining the project, meeting date and location. Flyers will be mailed to property
owners and licensed business owners within each study area boundary, and any other
key stakeholders the City may advise of (such as the Chamber of Commerce and any
related advisory groups, etc.). CONSULTANT shall obtain property owner's names
and addresses from the Broward County Property Appraisers Office and the City shall
supply CONSULTANT with mailing labels of all licensed business owners within each
study area boundary. In addition, CONSULTANT shall coordinate with the City Clerk
to provide standard meeting notification in the local newspaper prior to the meeting, if
desired by the City. The public input will be documented through verbal
communications as well as comment forms that will be provided at the meeting.
CONSULTANT will prepare a meeting summary and submit to the City.
B. Deliverables:
• Presentation Boards and Preliminary Sketches (up to 10 Boards);
• Power point presentation;
• Meeting record materials (sign -in sheets, comment forms); and
• Meeting Summary.
Exhibit `1' — City of Tamarac
Major Arterial Corridor Study
December 21, 2011— Page 2
IP
CONSULTANTS lump sum fee for this service shall be ....................................... $7J30.00
3.0 Define Vision - Draft Study:
Using the analysis, information from City staff input the CONSULTANT will prepare a Draft
Study that depicts the vision of the proposed improvements. The Study shall include
descriptions of the recommendations, renderings to convey the proposed
recommendations, maps depicting areas of the proposed improvements, and an Order of
Magnitude Opinion of Construction Cost. The recommendations of the aesthetic
improvements for the corridors include:
A. Gateways Treatment — Provide recommendations to enhance and highlight the
entrances into the City. Recommendations may include architectural features,
landscape and hardscape treatments.
B. Hardscape Treatments - Provide recommendations to highlight areas of in the
pavement areas and medians.
C. Streetscape Treatments - Provide recommendations for signage along the subject
corridors, lighting and street furniture.
D. Buffer Wails - Provide recommendations for placement of buffer walls for adjacent
residential properties; recommendations will include wall types, placement and overall
length.
E. CONSULTANT shall prepare renderings of the proposed entryway signage,
streetscape and wall improvements.
F. CONSULTANT shall provide an Order of Magnitude Opinion of Construction Cost for
the proposed improvements.
G. Progress Meeting - The CONSULTANT shall meet with the City Staff to review the
work in progress.
H. CONSULTANT shall meet with City staff to review the Draft Study,
I. CONSULTANT shall meet with Maintenance Managers to receive input for
maintenance capabilities.
J. Deliverables:
• Draft Study, five (5) hard copies and one (1) portable document format (PDF) file;
and
Meetings — Progress, Draft Study review, and Maintenance Managers review.
Exhibit '1' - City of Tamarac
Major Arterial Corridor Study
December 21, 2011- Page 3
I
r
CONSULTANT'S lump sum fee for this service shall be .................................... $37,595.00
4.0 Technical Review, Public Review and Study Refinement:
Based on input and comments from community outreach efforts, Stakeholders and City
Staff, the CONSULTANT will develop the Draft Study into the Preliminary Study, with
approved and feasible modifications incorporated.
A. City Staff and CONSULTANT shall meet to review Input and comments to determine
modifications to the study that will work best to create a. unique sense of place for the
corridors.
Be The CONSULTANT shall submit a Preliminary Study for City Staffs' review.
CONSULTANT shall address review comments prior to the Community Meeting
(described previously) to present the Preliminary Study.
C. City Staff will present the Preliminary Study to appropriate Boards, Commissions, and
the Mayor and City Commission.
D. The CONSULTANT shall meet with City Staff and address the comments and revise
the Study into final format according to Staff and final City Commission direction.
E. CONSULTANT shall present the Final Study to the City Commission.
F. Deliverables:
• Meetings - Input and comment review meeting, Preliminary Study review, City
Commission;
• Preliminary Study, five (5) hard copies and one (1) PDF; and
• Final Study, ten (10) hard copies and one (1) PDF;
CONSULTANT'S lump sum fee for this service shall be .................... ...............& $11,080.00
5.0 Implementation Strategy:
The CONSULTANT will recommend an
Implementation Strategy shall identify an
recommended phasing of improvements,
and provide development strategies. The
projected budget provided by City Staff.
d
Implementation Strategy in the Study. The
recommend and prioritize the improvements,
recommended any necessary code changes,
phasing recommendations will be based on a
Exhibit ' 1' - City of Tamarac
Major Arterial Corridor Study
December 21, 2011- Page 4
CONSULTANT'S lump sum fee for this service shall be ...................................... $5,210.00
6.0 Reimbursable Expenses:
Rather than itemize reimbursable expenses, CONSULTANT's invoices shall contain a
single line item for ordinary and customary expenses in the amount of five (5) percent of
the gross invoice amount. For the purpose of this section, ordinary and customary
expenses shall mean any expense related to the Project (excluding large format or color
printing, exhibits or any travel further than 50 miles from the location of CONSULTANT's
office where it is performing the majority of the services). Non -ordinary or customary
expenses shall be invoiced by a separate line item at the actual cost plus a ten (10)
percent carrying charge.
7.0 Design Fee Summary
Analysis and Reviews of Existing Conditions
Community Outreach
Define Vision Draft Study
Technical Review, Public Review and Study Refinement
Implementation
Total
$28,985.00
$7,130.00
$ 37, 595.00
$11,080.00
$59210.00
$90,000.00
Exhibit `1' - City of Tamarac
Major Arterial Corridor Study
December 21, 2011- Page 5
Exh i bit
Major Arterial Corridor Study
City of Tamarac Supplement 1
Supplemental Scope of Consulting Services
Preamble
The City of Tamarac (City) is interested in supplemental services to the Major Corridor Study
(Study) to provide additional presentations and develop further studies on the Commission
selected wall locations. The City also requests additional presentation on individual study
elements.
Keith and Schnars, P.A. (CONSULTANT) proposes to provide professional landscape architectural
planning services associated with the preparation of the Study.
1.0 Final Study City Commission Presentations:
CONSULTANT shall develop and present three individual presentations of the study
results. The three individual topics include gateway, streetscape and wall treatments.
Draft presentations will be developed for City Staffs' review. CONSULTANT shall address
review comments prior to the Commission presentation. CONSULTANT shall attend
meetings as requested by City Staff.
Deliverables:
• Three draft presentations copies;
• Three presentations; and
• Meeting attendance as requested.
CONSULTANT'S fee for this service shall be billed on an hourly basis with an estimated
budgetof ................................ ...........................►................................................ $ 1417 0s0
2.0 Additional Wall Analysis and Renderings:
CONSULTANT shall investigate three additional neighborhoods (Tamarac Lakes South,
Pine Island .Road (west side, north of N.W. 77 Street to Southgate), Southgate in
Woodmont). Develop additional wall designs. Revisit all 12 sites to provide a refined order
of magnitude opinion of construction cost and a perspective rendering of the proposed
walls at 12 locations.
Deliverables:
• Order of magnitude opinion of construction cost;
• Additional wall designs; and
• 12 perspective renderings.
CONSULTANT'S fee for this service shall be billed on an hourly basis with an estimated
budgetof., 0 4 4 4 19 0 # 0 10 9 0 0 0 V 0 10 0 0 0 0 # 0 0 $ a 0 0 a $ a 410 0 * 0 0 10 0 0 a 0 0 11 a 10 10 6 0 0 a a 0 0 0 4 16 6 4 0 4 4 4 4 0 0 0 V I 10 S 9 0 6 0 0 0 5 1 9 a 4 a Is@@Gto "a $ 18,660.00
3.0 Design Fee Summary
Final Study City Commission Presentations
Additional Wall Analysis and Renderings
Total
$14, 760.40
$18,660..00
$33,420.00
City of Tamarac
Major Arterial Corridor Study Supplement 1
July 25, 2013- Page 2
owl
City of Tamarac Purchasing and Contracts Division
Exhibit "3"
CHANGE ORDER
DATE OF ISSUANCE: 05/18/2012
OWNER: CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, FL 33321-2401
BID NO.: RFP 12-04R
CONTRACTOR: Keith & Schnars, P.A.
CHANGE ORDER NO. 1
PROJECT NAME:
PROJECT NO.:
Major Arterial
Corridor Study
GP12A
P.O. NUMBER: 150753
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL
MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED
IN THE PLANS AND SPECIFICATIONS:
DESCRIPTION: Add additional services for Arterial Corridor Study Project
PURPOSE OF CHANGE ORDER:
1. To provide additional
data
regarding sound
walls along major arterials.
2. To develop individual
presentations
related
to gateways, streetscapes, and sound walls.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contact Time
$90, 000.00
275 days
Previous Change Order No. to No.
Net Change From Previous Change Orders
$ N/A
N/A
Contract Price Prior To This Change Order
Contract Time Prior To This Change Order
$90,000.00
275 days
Net (Increase) Of This Change Order
Net (Increase) Of This Change Order
$33,420
$33,420
Contract Price With All Approved Change Orders
Contract Time With All Approved Change Orders
$1231420.00
320 45 days)
Account No(s) Affected:
310-3010-515-31-13
Amount Affected
$33,420.00
ROUTING: Dept. Director, Contractor, Purchasi g anag ur g Manager
ECOM NDED OD APPROV
BY BY BY
irector City Manager Con or
Date � � Date Cj - 17;� �� Date �I� fh�