Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2015-062
Temp. Reso # 12611 June 25, 2015 Page 1 of 5 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD LOI #15-11 L AND EXECUTE AN AGREEMENT WITH HSQ GROUP, INC. TO DEVELOP A STORMWATER MASTER PLAN FOR THE CITY; AUTHORIZING AN EXPENDITURE FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $381,363.00; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents with a safe, operational, and well maintained Stormwater Management System; and WHEREAS, the City of Tamarac has an extensive network of canals, lakes and drainage systems to manage and control stormwater throughout the City; and WHEREAS, a Stormwater Master Plan is a comprehensive plan used to identify and characterize key components of a Stormwater Management System that must be implemented or properly maintained to protect the City against stormwater related challenges; and WHEREAS, a Stormwater Master Plan is a valuable tool used to assess the City's stormwater needs and plan for future capital improvements; and L' Temp. Reso # 12611 June 25, 2015 Page 2 of 5 WHEREAS, the development of a Stormwater Master Plan will also help meet the requirements of Florida Statute 403.0891, requiring local governments to develop and maintain a Stormwater Management Program; and WHEREAS, the City requires the services of a consultant firm knowledgeable in this area and capable of providing professional recommendations whereby existing stormwater systems can be improved and rehabilitated; and WHEREAS, the City solicited LOI #15-11 L requesting proposals for professional engineering services for the development of a Stormwater Master Plan for the City of Tamarac hereto attached as Exhibit 1; and 1 WHEREAS, the following four (4) firms responded to the City's request: 1. ADA Engineering 2. Chen Moore and Associates 3. Calvin, Giordano & Associates, Inc. 4. HSQ Group, Inc.; and 5. WHEREAS, the submittals were reviewed by an Evaluation and Selection Committee consisting of the Director of Public Services, Director of Financial Services, Purchasing and Contracts Manager, Asst. Director of Public Services/City Engineer, Assistant City Engineer, Engineer, and Superintendent Stormwater/ Facilities; and Temp. Reso # 12611 June 25, 2015 Page 3of5 WHEREAS, upon evaluation of the submittals, the Evaluation and Selection Committee deemed HSQ Group, Inc. as the most qualified proposer, a copy of the Evaluation Committee scoring is attached hereto as Exhibit 2; and WHEREAS, staff negotiated additional price concessions as detailed in the revised proposal letter from HSQ Group, Inc. dated June 22, 2015, attached hereto as Exhibit 3; and WHEREAS, based upon the LOI, submittal, and subsequent revised proposal letter from HSQ Group, Inc. staff developed and proposed an Agreement for professional engineering services in the amount of $381,363.00 (attached hereto as Exhibit 4); and WHEREAS, funding for the development of a Stormwater Master Plan was included in the FY 2015 Approved Budget, and adequate funding exists for this work in the appropriate Stormwater Fund Budget, and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing Contracts Manager that the City of Tamarac award LOI No. 15-11 L and execute an Agreement with HSQ Group, Inc. to develop a Stormwater Master Plan; 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 of Tamarac to award LOI No. 15-11 L and execute an Agreement with HSQ Group, Inc. to develop a Stormwater Master Plan (attached hereto as Exhibit 4) for a proposed amount not to exceed $381,363.00 and to provide funding from the Temp. Reso # 12611 June 25, 2015 Page 4 of 5 appropriate budgeted stormwater fund account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to award LOI No. 15-11 L and execute an Agreement with HSQ Group, Inc. to provide professional engineering services for the development of a Stormwater Master Plan. SECTION 3: An expenditure in an amount not to exceed $381,363.00 for said purpose is hereby approved. SECTION 4: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-147 of the City Code, and close the contract award, which includes but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. Temp. Reso # 12611 June 25, 2015 Page 5 of 5 SECTION 5: 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 7: This Resolution shall become effective immediately upon its passage and adoption.P PASSED, ADOPTED AND APPROVED this day of2015. A RY DRESSLER MAYOR ATTEST: If �W— Juv J/ PATRICIA TEU EL C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL,- DIST 2: COMM. GOMEZ �_- DIST 3: COMM. GLASSER --y DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM A 1UEL S. GOREN CITY ATTORNEY TR 12611 Exhibit 1 PURCHASING AND CONTRACTS DIVISION Date: March 9, 2015 LOI 15-11 L REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Letters of Interest (LOI) together with the Qualifications Statement and Proposal Forms included herein and any other information regarding the experience, expertise, or proficiency of the Proposer, at the office of the Senior Procurement Specialist, City Hall, 7525 NW 88 Avenue, Room 108, Tamarac, Florida 33321, (954) 597-3569, for furnishing the services described below: DEVELOPMENT OF A STORMWATER MASTER PLAN The City is seeking qualified firms to provide professional engineering services for the development of a Stormwater Master Plan for the City of Tamarac. The Stormwater Master shall include, but not limited to, the evaluation and analysis of the City's existing stormwater management system to identify areas of deficiency and potential areas of improvement. The Stormwater Master Plan shall encompass the entire City together with all City owned and maintained drainage systems. Proposals must be received and time stamped by the Purchasing Division, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday April 1, 2015. Late submittals, additions or changes will not be accepted under any circumstances. LOI documents may be obtained from the Purchasing Office, or by direct download at http://www.tamarac.org/index.aspx?nid=317 CITY reserves the right to reject any or all Proposals, to waive any or all Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the CITY. Jim Nicotra, CPPB Senior Procurement Specialist Publish Sun -Sentinel: 03/08/2015 "�er� 8a �zudluree:. 7525 N.W. 8M Avenue I Tamarac, Florida =21-24011 P: %4.597.3570 j F: 954.597.3565 EQUAL OPPOMUWrrFovea TR 12611 Exhibit 1 City a> 'Tamarac Purchasin.k aaad C'nntra<°ts Division LOI 15-11 L STORMWATER MASTER PLAN GENERAL INFORMATION Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of Tamarac invites qualified firms to provide professional engineering services for the development of a Stormwater Master Plan for the City of Tamarac. The Stormwater Master shall include, but not limited to, the evaluation and analysis of the City's existing stormwater management system to identify areas of deficiency and potential areas of improvement. The Stormwater Master Plan shall encompass the entire City together with all City owned and maintained drainage systems. The City is requesting Letters of Interest and Statements of Qualification and Experience for preparing a Stormwater Master Plan. Ideally situated in western Broward County, Tamarac provides access to highways, railways, airports and waterways, and a wealth of cultural and sports activities. Tamarac covers approximately a 12 square mile area and is home to more than 60,000 residents and approximately 2,000 businesses. Since its founding in 1963, the median age of our residents continues to grow younger and we are becoming more culturally diverse; all attracted to the neighborhoods, parks and recreation, and business opportunities that make Tamarac The City For Your Life. The Stormwater Master Plan shall encompass the entire City together with all City owned and maintained drainage systems. General Scope of the Project Includes the Following Components: 1. Review existing information/collect data such as existing plans, as-builts, models, GIS and field investigations. Research City of Tamarac, SFWMD and BCEPD records for permit information and design information. 2. Coordinate with City staff to understand future development needs and impacts. Meet with city planning department to discuss and understand what parcels are planned to be redeveloped, new development and future long term development goals. Obtain information and prepare conceptual drainage design to be inputted into drainage modeling. Provide any feedback to planning and engineering for future development drainage requirements. 3. Review land development code. Study the development code current requirements to determine if current code meets the demands of the existing system and the City's NPDES Permit requirements. Propose changes to land TR 12611 Exhibit 1 City of Tamarac Purchasing and Contracts Division development code to meet the future drainage needs for the city and NPDES Permit requirements. Evaluate existing drainage system to determine if it meets city code requirements and intentions. 4. Provide guidance to meet NPDES criteria. Meet with city staff and Broward County staff to understand NPDES criteria for future needs. Provide design criteria to meet NPDES requirements and reduce pollutants. Coordinate with Broward County and SFWMD existing C-13 and C-14 canal pollutant conditions. Study existing system to determine if system is impaired and provide solutions. 5. Review new Broward County drainage regulations. Meet with County staff to discuss overall City drainage system and design solutions to meet current County regulations. Incorporate new regulations into future development areas and CIP. 6. Review Low impact development ideas. Provide suitable list of low impact development ideas for future development within the City. This includes specifications for commonly used LID IMP's. The purpose of these specifications is to provide the City with a foundation to develop their own LID standards and specifications. 7. Design master plan in NAVD. Convert current NGVD 1929 datum to NAVD 1988 and use new datum for overall design considerations. Convert all information provided from NGVD to NAVD. Most of the current permits, design plans and as- builts are in NGVD. Provide all documentation and calculations in NAVD. 8. Modeling: a. Develop existing basins in ICPR computer modeling including aerial take off of entire city. b. Develop existing canal and pipe routing modeling. c. Analyze existing models for problematic areas. d. Develop proposed canal and pipe routing model to improve problematic areas. e. Calculate multiple storm events and analyze data (10-year 1-day, 25-year 3-day and 100-year 3-day). f. Calibrate models as necessary. g. Analyze water quality measures. 9. Provide guidance for overall system improvements. After analyzing the entire drainage system, determine areas that have insufficient drainage systems and recommend solutions. Prepare CIP project list. Coordinate with City Engineer to develop a CIP list for drainage system improvements. CIP will be developed based upon priority improvements needed to address the most critical areas of concern within the city. 9 TR 12611 Exhibit 1 Cite r J Tamarac Purehasira arerl C'o�3ivisicrrr 10. Prepare preliminary cost estimates for drainage system improvements of each substandard area. Cost estimates are based upon standard cost of construction for each situation. Field visits to evaluate extent of construction activities. Budget prices will be based on 2015 contractor costs. 11. Meeting with City Commissioners at Commission work shop to discuss overall scope of services. 12. Provide drainage review in 30/60/90 percent completion for city staff. Consultant will follow a quality control procedure to insure product is accurate. Includes meeting with staff, reviewing comments and making revisions per city comments. 13. Provide exhibits and information to assist city to obtain grants for impaired or insufficient drainage system areas. Exhibits consist of location maps, existing conditions, proposed conditions and improvement statement describing the extent of the proposed work to be conducted. Provide theoretical time line for improvements to be completed. 14. Provide a city wide master drainage report. The master report shall include the following general items: 1. Overall summary 2. Introduction 3. Methodology 4. Drainage basin content information. 5. Pipe/culvert/lake/canal link content information. 6. Existing drainage system and facilities information. 7. Drainage calculations and modeling. 8. Drainage rainfall amounts and stages reports. 9. Identification of substandard drainage areas. 10. Proposed improvements and prioritization. 11. Proposed cost estimates. 12. Summary report. 13. Exhibits of drainage basins. 14. Maps and diagrams. 15. Copies of back up information. 16. NPDES information. 17. Water quality information. 18. LID information. SCHEDULE Total project duration shall be 300 days from City's Notice to Proceed. 0 TR 12611 Exhibit 1 City «f'Tanzarac Purc•kasine and Contracts Division QUALIFICATIONS OF PROPOSERS Proposals will be considered from qualified firms whose experience includes successful work on projects of a similar nature. The successful Proposer must have a sufficient number of qualified staff to complete applicable work in the time required and in accordance with State Statutes, Standards and Licensing requirements. II. PROPOSAL REQUIREMENTS Proposers should submit one (1) original proposal and six (6) copies, and should include documentation for each of the following items: 1. A brief but complete history of your firm. 2. Current proof of insurance. 3. Resumes of key personnel who will be assigned to the project and descriptions of their individual roles within the project scope. The City expects the personnel listed in the submittal to be those who will actually perform the work. No personnel substitutions after project award will be permitted except under dire circumstances. 4. A list of at least three (3) similar projects performed during the past five (5) years, which should include the following information: a) Name of the entity for which the work was performed; b) Brief description of the scope of the project; c) Name of contact person with current telephone number who can knowledgeably discuss your firm's role and performance in the project. 5. Financial statements from your firm's past two (2) years of operation, including balance sheet and Income Statement for the most current year. 6. Any other information relevant to evaluating your firm's qualifications for this particular project. Each firm is required to complete and submit the following forms, included herein: 1. Offeror's Qualification Statement 2. Certified Resolution 3. Non -Collusive Affidavit 4. Drug Free Workplace Certification 5 TR 12611 Exhibit 1 City of Tamarac III. SUBMISSION REQUIREMENTS & C017tracts Division One (1) original and six (6) copies of the submittals shall be mailed or hand delivered to: Jim Nicotra, Senior Procurement Specialist City of Tamarac Purchasing Division Room 108 7525 N.W. 88th Avenue Tamarac, Florida 33321 The outside of the envelope shall be marked "Letter of Interest Stormwater Master Plan LOI No. 15-11 L". IV. SELECTION/NEGOTIATION PROCESS An Evaluation and Selection Committee has been appointed by the City Manager, and given the responsibility of selecting the most qualified firm, based on the established evaluation criteria contained in this Request for Letters of Interest, and subsequently negotiating a mutually acceptable contract. Each firm should submit proposals that document evidence of ability to provide the services required. Copies of the proposals will be distributed to each Committee member for review and scoring. The Committee will then short-list the highest -ranked Proposers. The short listed firms will be notified to prepare a presentation to the Committee. Each presentation will be scored based upon the same evaluation criteria used in the proposal process. The highest -ranked firm after presentation evaluation will then enter the negotiation phase with the City. Upon successful negotiations, a contract will be generated for execution by the highest -ranked Proposer, and the award recommendation will go before the City Commission for approval. NOTE: This letter of Interest is a non -priced technical qualifications -based process. Pricing will be a factor during the contract negotiation phase only. V. CRITERIA FOR SELECTION The Evaluation and Selection Committee will evaluate the proposals based on the following weighted criteria: 1. Background, education and experience of the firm's staff members who will be assigned to the project; Ability of the Contractor to provide all of the expertise necessary to successfully complete the work; and status as a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act. Max 40 points TR 12611 Exhibit 1 of Tamarac Purchasing & Contracts Division 2. Knowledge of, and approach to, the proposed work; ability to suggest and apply new technologies or approaches that may either reduce the cost and time frame or improve the quality of the work. Max 30 points 3. Availability of the proposed staff members; current projected work load of the firm; ability to provide on -site time for meetings, training and cooperative review of work. Max 20 points MAXIMUM TECHNICAL POINTS 90 These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. These criteria also guide the Evaluation and Selection Committee during the short listing and final ranking of Proposers by establishing a general framework for those deliberations. VI. SCHEDULE OF EVENTS The schedule of events for this project is as follows, but is also subject to change: Event Date (on or by) 1. Issuance of Request for Qualifications 03/09/2015 2. Opening of Proposals 04/01/15 3. Proposal Evaluations 04/06/15 — 04/27/15 4. Presentations -Short Listed Firms 05/07/15 5. Contract Negotiations 05/11/15 — 05/15/15 6. Award of Contract 05/27/2015 VII. RIGHT TO REJECT PROPOSALS As the best interest of the City may require, City reserves the right to reject any and all proposals, or to waive any minor irregularity or technicality in proposals received. Proposers are cautioned not to make assumptions unless their proposal has been determined to be responsive to the Proposal requirements. Additional information may be required of the Proposer during the evaluation and selection process in order to clarify the submitted information. TR 12611 Exhibit 1 City of Tamarac Vill. QUESTIONS ABOUT THE L.O.I. & Contracts Division Questions regarding the project or the proposal process shall be directed to Jim Nicotra, Senior Procurement Specialist, (954) 597-3570 or via email to jimn tamarac.orq, CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE SENIOR PROCUREMENT SPECIALIST OR DESIGNATED REPRESENTATIVE REGARDING THIS REQUEST FOR LETTERS OF INTEREST MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. IX. INSURANCE REQUIREMENTS Consultant agrees that he or she will, 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 Consultant, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Worker's Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide certificates of all insurances required under this section to the City's Risk and Safety Manager prior to beginning any work under this Agreement. Consultant shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Consultant shall make this same requirement of any of its subcontractors. Consultant shall indemnify and save the City harmless from any damage resulting to them for failure of either Consultant or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE $1,000,000/2,000,000 Neither Consultant nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurance companies provided shall be rated at least A-VII per A.M. Best's Key Rating Guide; and licensed to do business in Florida. TR 12611 Exhibit 1 of Tamarac Purchasing & Contracts Division All policies provided shall be Occurrence, not Claims Made forms. The Consultant's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Consultant shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. GOVERNING LAW: Interested consultants will agree that contracts shall be governed by the laws of the state of Florida. Venue will be Broward County. PUBLIC ENTITY CRIMES: A person or affiliate as defined in F.S. §287.133 who has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to the City of Tamarac, may not submit a bid on a contract with the City of Tamarac for the construction or repair of any public building or public Work, may not submit bids on leases of real property with the City of Tamarac, may not be awarded to perform Work as a contractor, Supplier, sub- contractor, or consultant under a contract with the City of Tamarac, and may not transact business with the City of Tamarac in an amount set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Balance of Page Intentionally Left Blank TR 12611 Exhibit 1 City of Tamarac Purchasing & Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing Division 7525 NW 88th Avenue Tamarac, Florida 33321 Submitted By: Name: Address: City, State, Zip Telephone No. E-mail Address Check One ❑ Corporation ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: If Offeror is a corporation, answer the following: • Date of Incorporation: • State of Incorporation: • President's name: • Vice President's name: • Secretary's name: • Treasurer's name: • Name and address of Resident Agent: 10 TR 12611 Exhibit 1 City of Tamarac Purchasing & Contracts Division If Offeror is an individual or a partnership, answer the following: a) Date of organization: • Name, address and ownership units of all partners: • State whether general or limited partnership: If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. Have you personally inspected the site of the proposed work? ❑ YES ❑ NO Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES ❑ NO TR 12611 Exhibit 1 of Tamarac Purchasing & Contracts Division Have you ever failed to complete any work awarded to you? If so, state when, where and why: State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). State the name of the individual who will have personal supervision of the work: State the name and address of attorney, if any, for the business of the Offeror: State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: 12 TR 12611 Exhibit 1 City of Tamarac Purchasing & Contracts Division State the name of Surety Company which will be providing the bond, and name and address of agent: Bank References: Bank Address Telephone Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): • Net Fixed Assets • Other Assets • Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). • Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): State the name of the firm preparing the financial statement and date thereof: Is this financial statement for the identical organization named on page one? ❑ YES ❑ NO If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). TR 12611 Exhibit 1 of Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of 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: 14 NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath TR 12611 Exhibit 1 City of Tamarac Purchasing & 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. I 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) By: Secretary Corporate Title NOTE: 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. 15 TR 12611 Exhibit 1 City of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of )ss. County of deposes and says that: He/she is the Representative or Agent) of Offeror that has submitted the attached Proposal; being first duly sworn, (Owner, Partner, Officer, the He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, 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 Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 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 Offeror 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 Una M Printed Name Title TR 12611 Exhibit 1 of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of & Contracts Division 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) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 17 TR 12611 Exhibit 1 City of Tamarac Purchasing & 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 BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids 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 tie bids 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: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 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 contendere 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 than five (5) days after each conviction. 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. 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 Company Name 18 z J a W r 0 �CO i d LU E E U � C 0.2 a� w W O r ' z W r I a� O a J W W W a 0 XX CON VM NNMNNCOMN MNO w«w0 LO -��NN�e e- CCOO CO - - - - -r-mI- LO 2 W a' O � O O CO O Ln N O O V' O Lo Lo 00 (4 V O CO "�N V C V M� �XX NNNMMMN �Cl)CN 0 LO(OLOO�Otp W = O N � O z a Xr ` O(n NONLOLn Lr)QJ 7 O Or (D O Ln 00(ALOO� COO r M COO N N M M N M NM C9X CO M M CO M N N M N NyCVN N N J � a O U 0 W = G X X O p 00 N I- M O m I-- m w m O M N M V N W N LO N r- N CO N O N (D N W n O O r- O co tp M O M ;, '- (V (fl Lc) (0 (O (0 0) h (A 1- O (o CO (o M N M CO N M Q IL K R r rL z W W a' z _ U W 0 W IL LL a N O M N LL N N C x C r N C C C {x Z W W Q W W W O U 0 = U U w == W N >1 U 0 D U w == U N W N �" Q m (D .� Co a) m Q O 6) a) CO m O a Tn U @ 0) a) @ 0) (D @ � O U N .V Z LL C N U Z L`L Co C O N.N . Z w C %. N U Z L`L C fn .V Z C a O m c 0 N 0 .`-' Z °� (n @ 2 a a m a� .0 Z (n m@ m d N a� .0 °� (n a) io @ 2 �'�"' / @ a) 0 (n a) m @ N .O Z °) (n N@ m a g W 0 0 a) @ 3 N U 0 L) c 3 EE N U. 0 0 (@ 0 c 3 Eo y: -, U- a) (n c 3 E@ N 0 0 3 E N @ m p ° @- O -0 2 Vj @ 7 O Z m O c C Z o a O c W in o W g d o W in a .o 0 O c W (n o U r z (� a O c W in o U Y o @ a O C W cn 0 U 0 m O 9 @ C C U Ci > @ C O 2 C @o U @ C `o C @o o(S O 9 3 Co C o C @o °ts 9 ] C o" C ots o w v o o ii g` U +.. U a c (n W d ii o i� CJ c m m a ii u w U c m a o u i 5 U c rn a i v U c Cn C9 0 o m a� .c J o `O o m .c m 0 0 m 0 m o `o o a) a) m J J 0 0 ro o 0 Y U o o O@ N a�0i =_ m O 5 0 p N s ,� ¢ o U o U p N Q F o p m N a�0i =- .� a) Q r r L) a�0i _- .� � @ U r Q N N y .N Z N N N .N 3 > N N y .N Q a) N m@ .N c>> O O a) N v .N w c> Z Q 0 Q Q w (n a Y p p ¢¢w(naQoo¢¢w(naN c 0 m c oo¢¢w(narr oo¢¢w(na a 3 ¢ O HSQ GROUP, INC. TR12611 Exhibit Engineers •Planners •Surveyors 1489 West Palmetto Park Road, Suite 340 Boca Raton, Florida 33486 G R O U P (561) 392-0221 Phone • (561) 392-6458 Fax Inc. June 22, 2015 Mr. Keith K. Galtz, CPPO, FCPM, FCPA City of Tamarac Purchasing & Contracts Manager 7525 NW 88th Avenue Tamarac, FI 33321 Re: The City of Tamarac storm water master plan HSQ Project Number: 1405-33P Dear Keith: Per your request to provide you with proposal for preparing a storm water master plan for the entire city (12 square miles), please find the following scope of services anticipated for this project: 1. Review existing information/collect data such as existing plans, as-builts, models, GIS and field investigations. Research City of Tamarac, SFWMD and BCEPD records for permit information and design information. (L.S.$49,000) 2. Coordinate with City staff to understand future development needs and impacts. Meet with city planning department to discuss and understand what parcels are planned to be redeveloped, new development and future long term development goals. Obtain information and prepare conceptual drainage design to be inputted into drainage modeling. Provide any feedback to planning and engineering for future development drainage requirements. (L.S.$7,840) 3. Review land development code. Study development code current requirements to determine if current code meets the demands of the existing system. Propose changes to land development code to meet future drainage needs for the city. Evaluate existing drainage system to determine if it meets city code requirements and intentions. ( L.S.$8,960) 4. Provide guidance to meet NPDES criteria. Meet with city staff and Broward County staff to understand NPDES criteria for future needs. Provide design criteria to meet NPDES requirements and reduce pollutants. Coordinate with Broward County and SFWMD existing C-13 and C-14 canal pollutant conditions. Study existing system to determine if system is impaired and provide solutions. (L.S. $15,680) 5. Review new Broward County drainage regulations. Meet with County staff to discuss overall City drainage system and design solutions to meet current County regulations. Incorporate new regulations into future development areas and CIP. (L.S.$14,560) 6. Review Low impact development ideas. Provide suitable list of low impact development ideas for future development within the City. This includes specifications for commonly used LID IMP's. The purpose of these specifications are to provide public works agencies with a foundation to develop their own LID standards and specifications. The specifications are written using AASHTO and or ASTM criteria wherever possible in order to allow for communities to prepare consistent bid packages YAProposals\2014\1405-331p Tarmarac Master Drainage Study\master plan proposal.docx with commonly available materials. Standard drawings have also been provide yin 1AOftb© and PDF format for ease of adaptation to future projects. (L.S.$8,960) 7. Design master plan in NAVD. Convert current NGVD 1929 datum to NAVD 1988 and use new datum for overall design considerations. Convert all information provided from NGVD to NAVD. Most of the current permits, design plans and as-builts are in NGVD. Provide all documentation and calculations in NAVD. (L.S.$3,640) 8. Modeling: I: Develop existing basins in ICPR or XPSWMM computer modeling including aerial take off of entire city. II: Develop existing canal and pipe routing modeling. III: Analyze existing models for problematic areas. IV: Develop proposed canal and pipe routing model to improve problematic areas. V: Calculate multiple storm events and analyze data. VI: Calibrate models as necessary. VII: Analyze water quality measures. (L.S. $163,285) 9. Provide guidance for overall system improvements. After analyzing the entire drainage system, determine areas that have insufficient drainage systems and recommend solutions. Prepare CIP project list. Coordinate with City Engineer to develop a CIP list for drainage system improvements. CIP will be developed based upon priority improvements needed to address the most critical areas of concern within the city. (L.S.$23,120) 10. Prepare preliminary cost estimates for drainage system improvements of each substandard area. Cost estimates are based upon standard cost of construction for each situation. Field visits to evaluate extent of construction activities. Budget prices will be based on 2015 contractor costs. (Not to exceed $20,230) 11. Meeting with City Commissioners at Commission work shop to discuss overall scope of services. (free) 12. Provide drainage review in 30/60/90 percent completion for city staff. HSQ will follow a quality control procedure to insure product is accurate. Includes meeting with staff, reviewing comments and making revisions per city comments. (L.S.$7,803) 13. Provide exhibits and information to assist city to obtain grants for impaired or insufficient drainage system areas. Exhibits consist of location maps, existing conditions, proposed conditions and improvement statement describing the extent of the proposed work to be conducted. Provide theoretical time line for improvements to be completed. (L.S.$7,658) YAProposals\2014\1405-33P Tarmarac Master Drainage Study\master plan proposal.docx TR 12611 Exhibit 3 14. Provide a city wide master drainage plan report. The master report will consist of the following general items: I: overall summary 11: Introduction III: Methodology IV: Drainage basin content information. V: pipe/culvert/lake/canal link content information. VI: Existing drainage system and facilities information. VII: Drainage calculations and modeling. VIII: Drainage rainfall amounts and stages reports. IX: Identification of substandard drainage areas. X: Proposed improvements and prioritization. XI: Proposed cost estimates. XII: Summary report. XIII: Exhibits of drainage basins. IXX: Maps and diagrams. XX: copies of back up information. XXI: NPDES information. XXII: Water quality information. XXIII: LID information. (L.S. $50,627) 15. Total anticipated time to complete is approximately 300 days. The fee proposal is based upon anticipated hours for each category and using the approved hourly rate by the City of Tamarac Continuing services contract. The total fee not to exceed amount is $381,363. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call me. Sincerely, HSQ GROUP, INC. Jay Huebner, P.E., AICP Vice President YAProposals\2014\1405-33P Tarmarac Master Drainage Study\master plan proposal.docx City of Tamarac AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TAMARAC AND and Contracts Division HSQ GROUP, INC. 1)THIS AGREEMENT made and entered into this day of 4, 2015, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "City", and HSQ Group, Inc., a Florida corporation with principal offices located at 1489 West Palmetto Park Road, Suite 340, Boca Raton, FL 33486 hereinafter referred to as "Consultant". WHEREAS, the City intends to develop a Stormwater Master Plan that includes but is not limited to the evaluation and analysis of the City's existing storm water management system with identification of areas of deficiency and potential areas of improvement, encompassing the entire City together with all City owned and maintained drainage systems. ; and, WHEREAS, the City requires certain professional services in connection with for the development of a Stormwater Master Plan for the City of Tamarac. ; and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE AND CONTRACT TIME The work to be performed under this Agreement shall be commenced after City's execution of the Agreement and not later than ten (10) days after the date that Consultant receives the City's Notice to Proceed. The work shall be substantially completed within 300 calendar days and final completion within 30 days of substantial completion from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. City of Tamarac Purchasing and Contracts Division ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in the Contract Documents consisting of this Agreement, LOI No.15-11 L — Development of a Stormwater Master Plan, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Consultant's proposal document dated March 31, 2015 as amended by letter dated June 22, 2015 signed by Jay Huebner, P.E., AICP, all of which are incorporated herein as if set forth in full and all modifications issued after execution of this Agreement. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. These contract 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 that there is a conflict between LOI No. 15-11 L as issued by City, and Consultant's Proposal, LOI No. 15-11 L as issued by City shall take precedence over the Consultant's Proposal(s). Furthermore, in the event of a conflict between this document and any other Contract Document, this Agreement shall prevail. ARTICLE 3 - COMPENSATION The City shall pay Consultant, HSQ Group, Inc. Three hundred eighty one thousand, three hundred sixty three dollars and no cents, ($381,363.00), in accordance with the provisions contained in the Consultant's proposal letter dated June 22, 2015 signed by Jay Huebner, P.E., AICP, incorporated herein as if set forth in full. ARTICLE 4 - 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. ARTICLE 5 - INDEMNIFICATION 5.1. 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, its 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 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 2 of Tamarac I Purchasing and Contracts Division 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. 5.2. 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. 5.3. 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. 5.4. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 5.5. 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. 5.6. 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. ARTICLE 6 — NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant and its sub -consultants shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its sub -consultants are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment of Tamarac Purchasing and Contracts Division advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant and its sub -consultants shall agree to post in conspicuous places, available to its 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 all sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 - 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 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. ARTICLE 8 PAYMENTS 8.1 The City shall pay the Consultant for work completed as set forth in Article 2 of this Agreement and as per with the provisions contained in the Consultant's proposal letter dated June 22, 2015 signed by Jay Huebner, P.E., AICP, incorporated herein as if set forth in full, unless the parties agree otherwise. The total fee shall not exceed $381,363.00. Payments will be made monthly for work that has been completed, accepted and properly invoiced. Invoices must bear project name, project number, the RFP and Purchase Order numbers. The City shall pay the Consultant for work performed subject to the specifications of the project and subject to any additions and deductions by subsequent change order as provided in the contract documents. 8.2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VI I, Chapter 218. 4 of Tamarac IPurchasing and Contracts Division ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 — INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. 10.2 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 5 City of Tamarac Purchasing and Contracts Division 10.3 The City must be named as an additional insured for General Liability coverage unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.4 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATION OF AGREEMENT 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. 6 City of Tamarac ARTICLE 13 - PUBLIC RECORDS Purchasinq and Contracts Division 13.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 13.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. ARTICLE 14 -- 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. ARTICLE 15 - UNCONTROLLABLE FORCES 15.1 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 City of Tamarac Purchasing and Contracts Division nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 15.2 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. ARTICLE 16 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 17 - MISCELLANEOUS 17.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 17.2 Severability: 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. 17.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 17.4 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. 17.5 No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation 8 City of Tamarac Purchasing and Contracts Division 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. ARTICLE 18 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 19 - 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. ARTICLE 20 - TRUTH -IN -NEGOTIATION CERTIFICATE 20.1 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. 20.2 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. ARTICLE 21 - 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. 9 City of Tamarac ARTICLE 22 -FUNDING and Contracts Division 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. ARTICLE 23 - 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 Michael C. Cernech City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 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: HSQ GROUP INC. Jay Huebner, PE, Vice President 1489 W. Palmetto Road, Suite 340 Boca Raton, FL 33486 23.2 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. 23.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 10 City of Tamarac and Contracts Division 23.4 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. Remainder of Page Intentionally Blank 11 City of Tamarac IPurchasing 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 Vice President, duly authorized to execute same. CITY OF TAMARAC Har, rbs er, Mayor 7— F'�5 Dat AT Michael C. Cernech, City anager Patricia A. Teufel, CMC Date: City Clerk Date ATTEST: C� Signature of Corporate Secretary bar)n CL. (4�'04 Type/Print Name of Corporate Secy Approv d as to form and legal sufficiency: �IV i y torney Date HSQ GROUP, INC. Comte Name J;-- Signature of Vice President Jay Huebner, P.E. Name of President (5-11 s-h s- Date Date (CORPORATE SEAL) 12 , of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF ,n :SS COUNTY OFPAIM �'�Cl,, A : and Contracts Division 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 Jay Huebner, P.E., Vice President, of HSQ GROUP, Inc., 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 executed the same. WITNESS my hand and official seal this. day of 13 State of at Large 0L Z576A 12� in A k ro -, Print, ype or Stamp Name of Notary Public �- Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or [54' DID NOT take an oath. ROSEANN ABRAMS *� t, Commission # FF 37578 o§ My Commission Expires ;...... Q October 03, 2017