Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-0321 Temp. Reso. No. 12159 February 29, 2012 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012 - 0( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD AND EXECUTION OF AN AGREEMENT TO PROVIDE CONSULTING SERVICES TO PROVIDE FOR A COMPLETE COMMERCIAL ARTERIAL REDEVELOPMENT STUDY AND RELATED ANCILLARY SERVICES FOR THE CITY OF TAMARAC TO CALVIN, GIORDANO AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $174,260 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote economic redevelopment within the City; and WHEREAS, the best interest of the City and its residents is served through activities that promote economic growth; and WHEREAS, the City desires a study that will provide City leaders with direction for the redevelopment of commercial and business corridors on major City arterial streets; and WHEREAS, the services of a firm to provide consulting services to provide for a study that will assist the City of Tamarac in the development of an economic redevelopment master plan for major commercial arterial corridors; and Temp. Reso. No. 12159 February 29, 2012 Page 2 WHEREAS, the City issued a Request for Proposal (RFP) #12-05R for a Commercial Arterial Redevelopment Study on October 19, 2011, (attached hereto as Exhibit "'I", incorporated herein and made a specific part thereof); and WHEREAS, the RFP was formally advertised on the City's web -site and in the South Florida Sun Sentinel on October 23, and October 30, 2011; and ;and WHEREAS, the City received responses from the following four (4) firms: • BBP & Associates, LLC / VHB Annapolis, MD • Calvin, Giordano and Associates, Inc. Ft. Lauderdale, FL • PMG Associates / Kimley Horn & Assoc. Deerfield Beach, FL • The Mellgren Planning Group, Inc. Davie, FL WHEREAS, the Evaluation Committee comprised of the Assistant City Manager, the Director of Community Development, the Planning and Zoning Manager and the Community and Economic Development Officer received oral presentations from all four (4) firms, and ranked the response received from Calvin, Giordano and Associates as the highest ranked response, (attached hereto as Exhibit "2" and including a synopsis of all rankings, incorporated herein and made a specific part thereof);and WHEREAS, negotiations have been completed with Calvin, Giordano and Associates, Inc.; and Temp. Reso. No. 12159 February 29, 2012 Page 3 WHEREAS, City staff and Calvin, Giordano and Associates, Inc. have agreed upon contract terms; and WHEREAS, it is the recommendation of the Evaluation Committee and the Purchasing and Contracts Manager to award RFP 12-05R to Calvin, Giordano and Associates, Inc. to perform a Commercial Arterial Redevelopment Study for a project cost in an amount not to exceed $174,260; and WHEREAS, it is recommended that the appropriate City Officials execute an Agreement with Calvin, Giordano and Associates, Inc.; 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 RFP 12-05R to Calvin, Giordano and Associates, Inc., and to authorize the appropriate City Officials to execute an Agreement to provide for Calvin, Giordano and Associates, Inc. to perform a Commercial Arterial Redevelopment Study and related ancillary services for a project cost not to exceed $174,260, (attached hereto 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: Temp. Reso. No. 12159 February 29, 2012 Page 4 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 2: the award of RFP 12-05R to Calvin, Giordano and Associates, Inc. is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Calvin, Giordano and Associates, Inc. to provide for Consulting Services for the City of Tamarac to perform a Commercial Arterial Redevelopment Study and related ancillary services for a project cost not to exceed $174,260. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. No. 12159 February 29, 2012 Page 5 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 1 q day of —Mal , 2012. PA/tajk- �ILt'-q PAMELA BUSHNELL, MAYOR ATTEST: hTELRW tJ. RICHAURDSON, CRM, CMC .��CITY CLERK. RECORD OF COMMISSION VOTE: MAYOR BUSHNELL L' - DIST 1: COMM. SWENS N DIST 2: COMM. GOMEZ__,� DIST 3: V/M GLASSER (,/ DIST 4: COMM. DRESSLg I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SMU f-L S. GOREN CITY ATTORNEY PURCHASING AND CONTRACTS DIVISION Date: October 19, 2011 REQUEST FOR PROPOSAL RFP 12-05R ALL QUALIFIED PROPOSERS: RFP NO. 12-05R 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 29, 2011 for: COMMERCIAL ARTERIAL REDEVELOPMENT STUDY The City is soliciting a Request for Proposal to obtain the services of a qualified to provide a study of major arterial corridors within the City of Tamarac. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 P.M. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City 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 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 interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.org. For inquiries, contact the Purchasing Office at (954) 597-3570. Sincerely, Keith K. Glatz, CPPO Purchasing and Contracts Manager Publish Sun -Sentinel: Sunday, October 23, 2011 and Sunday. October 30, 2011 WWWAzrd to 940AWA,.. 7525 N.W. 88th Avenue I Tamarac, Horde 3332124011 P: 954.597.35701 F: 954.597.3565 EOLK OPPOMNrrY EMPLOYER City of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSAL 12-05R COMMERCIAL ARTERIAL REDEVELOPMENT 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. Proposals documents 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 be considered in the evaluation of this proposal; however, pricing is only one component of the evaluation. I. 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. IL INFORMATION For information pertaining to this Request for Proposals (RFP), contact Mr. Keith Glatz, CPPO, FCPM, Purchasing & Contracts Manager, at the Purchasing and Contracts Division at (954) 597-3567 or Mr. Andy Berns, Community & Economic Affairs Officer at (954) 597-3513. Contact with the Community & Economic Affairs Officer 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(aD-tamarac.orq. III. 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 (if applicable) Final Ranking of Firms Anticipated Award by Commission October 19, 2011 November 17, 2011 November 29, 2011 Nov 30 — Dec 31, 2011 January 7, 2012 January 20, 2012 February 8, 2012 *All dates are tentative. City reserves the right to change scheduled dates. City of Tamarac Purchasing and Contracts Division IV. INSTRUCTIONS TO PROPOSERS 8 STANDARD TERMS AND CONDITIONS RFP 12-05R 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 fulfillment 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 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 distinct 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 "Successful 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 "City" - 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 5. OMISSION OF DETAILS / VARIANCES to Proposers, Proposer's AND EXCEPTIONS Qualifications Statement, Non - 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 "Contractor"- the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 3. SPECIAL CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Proposal, each Proposer shall become familiar with the site (if applicable to the project) to become familiar with the facilities that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work; and must promptly notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 4.2. The Proposer, by and through the submission of a Proposal, agrees that Proposer and its potential sub- contractors, as may be applicable, shall be held responsible for having examined the site and appurtenant facilities (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with any other relevant conditions required to successfully perform workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. 5.2 For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Proposer meets all the requirements in every respect. 6. INTERPRETATIONS AND ADDENDA If the Proposer is in doubt as to the meaning of any of the Proposal Documents, believes that the General Conditions, Special Conditions and/or Technical Specifications contain errors, contradictions or obvious omissions, or has any questions concerning the information contained in the RFP documents, the Proposer shall submit a written request to the Purchasing & Contracts Division Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the Purchasing & Contracts Division Office prior to the deadline specified in the "Schedule of Events" provided herein for the submission of written questions. Questions received after that date may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a Glfy of Tamarac Purchasing and Contracts Division written addendum transmitted via either fax consultant under a contract with any or email to all parties recorded by the public entity, and may not transact Purchasing & Contracts Division Office as business with any public entity in excess having received the Proposal Documents. of the threshold amount provided in The issuance of a written addendum shall Florida Statutes §287.017 for Category be the only official method whereby such an Two, for a period of 36 months from the interpretation or clarification will be made. date of being placed on the convicted vendor list. 7 8. COSTS AND COMPENSATION 7.1. When information about costs and compensation may be requested from the highest ranked firm, such costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and compensation shall remain firm and fixed for acceptance for 60 calendar days after the day of the Proposal opening. 7.3. Any price proposal requested shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. NON -COLLUSIVE AFFIDAVIT 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 4287.133 (2)(a): 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, may not be awarded or perform work as a contractor, supplier, subcontractor, or 10. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. 11. PERFORMANCE BONDS AND INSURANCE Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds and/or payment bonds as may be required by the City. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified. 12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 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 provided and understanding of the project. City of Tarnara_c Purchasing and Contracts Division 13.5 Proposals by corporations must be 12.2 Offeror's qualifications and executed in the corporation's legal experience, including similar name by the President or other projects completed, qualifications corporate officer, accompanied by of personnel assigned to the evidence of authority to sign. project, and references (see Evidence of authority shall be enclosed reference page). provided on the enclosed Certified Resolution form, or by the 12.3 A complete schedule of milestones company's own Corporate and tasks including number of Resolution. hours and personnel assigned to the milestone/task. 13.6 Proposals by partnerships must be executed in the partnership name 12.4 Pricing/Cost Proposal Form and signed by a partner, whose including estimated hours required title must appear under the for the project. signature. 12.5 Certification Forms 13.7 Proposals shall be submitted to the 12.6 Certified Resolution Form (orfirm's Purchasing & Contracts Division own Corporate Resolution) Office on or before the time 12.7 Proposer's Qualifications indicated in the Request for Statement Form & References Proposals. Proposals shall be submitted in a sealed envelope 12.8 Vendor Drug Free Workplace Form (faxed proposals will not be 12.9 Non -Collusive Affidavit Form accepted under any circumstances). The envelope 12.10 Proof of applicable insurance. should be clearly marked on the 12.11 Listing of any Sub -Contractors or exterior with the applicable Subcontractors to be utilized. solicitation name and number. The 12.12 The City reserves the right to envelope should state the name request the most recently and address of the Proposer and completed audited financial should be include all documents as statement, or other approved specified in the Request for documentation to verify financial Proposals. Purchasing and viability. Contracts Division staff is not responsible for the premature 13. SUBMISSION OF PROPOSALS opening of a Proposal that is not 13.1 Proposals must be typed or printed properly addressed and identified. in ink. Use of erasable ink is not 13.8 In accordance with Florida permitted. All corrections made by Statutes, Chapter §119.07(1)(a) the Proposer should be initialed. and except as may be provided by 13.2 All proposals shall be submitted in other applicable state and federal the English language. law, the Request for Proposal and the responses thereto are in the 13.3 Proposals must contain a manual public domain. However, signature of a corporate officer or Proposers are requested to designee with the proven authority specifically identify in the submitted to bind the firm in matters of this Proposal any financial information nature. The address and telephone considered confidential and/or number for any communications proprietary which may be regarding the Proposal must be considered exempt under Florida included. Statute §119.07(t). 13.4 Proposals shall contain an 13.9 All Proposals received from acknowledgment of receipt of all Proposers in response to the addenda. Request for Proposal will become n. City of Tamarac Purchasinq and Contracts Division the property of City and will not be the face of the Proposal, but the 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 tse the subject Contract. submittal in res n FP po o this R 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 submittal with the understanding and regulations, City reserves the that no claim for reimbursement right to reject any and all 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 withdrawal or modification. The 15.2 City reserves the right to reject the request must be delivered to the Proposal of any Proposer if City Purchasing & Contracts Division believes that it would not be in its Office at any time prior to the best interest of to make an award deadline for submitting Proposals. to that Proposer, whether because Withdrawal of a Proposal will not the Proposal is not responsive, the prejudice the rights of an Proposer Proposer is unqualified, of doubtful to submit a new Proposal prior to financial ability, or fails to meet any the Proposal opening date and other pertinent criteria established time. No Proposal may be by City within the scope of the withdrawn or modified after the solicitation. 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. clear 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 clearly evident on including a criminal record check of Proposer's officers and/or City of Tamarac Purchasing and Contracts Division employees, by the Broward insurance in such form and 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 provide to the City's Risk 16.3 No proposal shall be accepted Manager current certificates of all from, nor will any contract be insurance required under this awarded to, any person who is in section prior to beginning any arrears to City for any debt or work under this Agreement. contract, who is a defaulter, 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. 17.3 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 Occurrence Aggregate Business/ Coverage Commercial $1,000,000 $1,000,000 General Liability Including: Premises/Operations Contractual Liability Personal Injury Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile $1,000,000 $1,000,000 Liability Workers' Statutory Compensation & Employer's Liability 17.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.2 Proposer shall obtain at 17.6 Neither Proposer nor any Sub- Proposer's expense all necessary City of Tamarac Purchasiqq and Contracts DMS017 Proposer shall commence work 18.1 GENERAL INDEMNIFICATION: under this contract until they have Proposer shall, in addition to any obtained all insurance required other obligation to indemnify the under this section and have City and to the fullest extent supplied the City with evidence of permitted by law, protect, defend, such coverage in the form of an indemnify and hold harmless the insurance certificate and City, their agents, elected officials endorsement. The Proposer will and employees from and against ensure that all Sub -Proposers will all claims, actions, liabilities, comply with the above guidelines losses (including economic and will maintain the necessary losses), costs arising out of any coverages throughout the term of actual or alleged: a). Bodily injury, this Agreement. sickness, disease or death, or 17.7 All insurance carriers shall be injury to or destruction of tangible property including the loss of use rated at least A -VI I per Best's Key resulting therefrom, or any other Rating Guide and shall be damage or loss arising out of or licensed to do business in resulting, or claimed to have Florida. Policies shall be resulted in whole or in part from "Occurrence" form. Each carrier any actual or alleged act or will give the City sixty (60) days omission of the Proposer any notice prior to cancellation. sub -Contractor, anyone directly or 17.8 The Proposer's liability insurance indirectly employed by any of policies shall be endorsed to add them, or anyone for whose acts the City of Tamarac as an any of them may be liable in the "additional insured". The performance of the Work; or b). Proposer's Workers' violation of law, statute, Compensation carrier will provide ordinance, governmental a Waiver of Subrogation to the administration order, rule, City. regulation, or infringement of patent rights by Proposer in the 17.9 The Proposer shall be performance of the Work; or c). responsible for the payment of all liens, claims or actions made by deductibles and self -insured the Proposer or any sub - retentions. The City may require contractor under workers that the Proposer purchase a compensation acts; disability bond to cover the full amount of benefit acts, other employee the deductible or self -insured benefit acts or any statutory bar. retention. Any cost of expenses, including 17.10 Proposer is to provide attorney's fees, incurred by the professional services under this City to enforce this agreement Agreement, and therefore must shall be borne by the Proposer. provide the City with evidence of Professional Liability insurance 18.2 Upon completion of all Services, with, at a minimum, a limit of obligations and duties provided $1,000,000 per occurrence and in for in this Agreement, or in the the aggregate. "Claims -Made" event of termination of this forms are acceptable only for Agreement for any reason, the Professional Liability. terms and conditions of this Article shall survive indefinitely. 17.11 The Successful Proposer agrees to perform the work under the 18.3 The Proposer shall pay all claims, Contract as an independent losses, liens, settlements or contractor, and not as a judgments of any nature subcontractor, agent or employee whatsoever in connection with the of City. foregoing indemnifications 18. INDEMNIFICATION including, but not limited to, City of Tamarac Purchasing and Contracts Division reasonable attorney's fees creating any joint employment relationship (including appellate attorney's 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 20. WARRANTIES therewith shall be the responsibility 20.1 Successful Proposer warrants to of Contractor under the City that the consummation of the indemnification agreement. work provided for in the Contract Nothing contained herein is documents will not result in the intended nor shall it be construed breach of any term or provision of, to waive City's rights and or constitute a default under any immunities under the common law indenture, mortgage, contract, or or Florida Statute 768.28 as agreement to which Successful amended from time to time. Proposer is a parry. 19. INDEPENDENT CONTRACTOR 20.2 Successful Proposer warrants to City that it is not insolvent, it is not An Agreement resulting from this in bankruptcy proceedings or solicitation does not create an receivership, nor is it engaged in or employee/employer relationship between threatened with any litigation, the Parties. It is the intent of the Parties arbitration or other legal or that the Contractor is an independent administrative proceedings or contractor under this Agreement and not investigations of any kind which the City's employee for any purposes, would have an adverse effect on its including but not limited to, the application ability to perform its obligations of the Fair Labor Standards Act minimum under the Contract. wage and overtime payments, Federal Insurance Contribution Act, the Social 20.3 Successful Proposer warrants to Security Act, the Federal Unemployment City that it will comply with all Tax Act, the provisions of the Internal applicable federal, state and local Revenue Code, the State Worker's laws, regulations and orders in Compensation Act, and the State carrying out its obligations under Unemployment Insurance law. The the Contract. Contractor shall retain sole and absolute 20.4 All warranties made by Successful discretion in the judgment of the manner Proposer together with service and means of carrying out Contractor's warranties and guarantees shall activities and responsibilities hereunder accrue to the City and the provided, further that administrative successors and assigns of City. procedures applicable to services rendered under any potential Agreement 21. CONDITION OF ANY MATERIAL shall be those of Contractor, which SUPPLIED TO CITY policies of Contractor shall not conflict As may be applicable, any materials and with City, State, or United States policies, products which may be supplied by the rules or regulations relating to the use of Proposer in conjunction with this proposal Contractor's funds provided for herein. shall be new, warranted for their The Contractor agrees that it is a separate merchantability, fit for a particular and independent enterprise from the City, purpose, free from defects and consistent that it had full opportunity to find other with industry standards. The products business, that it has made its own shall be delivered to the City in excellent investment in its business, and that it will condition. In the event that any of the utilize a high level of skill necessary to products supplied to the City are found to perform the work. Any potential be defective or do not conform to the Agreement shall not be construed as specifications, the City reserves the right 10 City of Tamarac 1111M1111 Purchasin 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 furnish 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 alternative method for materials delivered prior to final payment of such costs. acceptance and payment. The warranty 26 PERFORMANCE period shall commence upon final acceptance of the product. Failure on the part of the Proposer to 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 comply with the conditions, terms, 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 FOR CAUSE AND DEFAULT 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 the annual budget for each fiscal year of this Agreement, and is subject to 99 City of Tamarac Purchasing and Contracts Division termination based on lack of funding. The laws of the State of Florida shall 29. AUDIT RIGHTS govern this Agreement. Venue shall be Broward County, Florida. City reserves the right to audit the records of Successful Proposer, relating to this 34. STANDARD AGREEMENT DOCUMENT contract, at any time during the term of the The City may attach as a part of this Contract, and for a period of three (3) years solicitation, a Sample Agreement after completion of contract. If required by document. Proposers shall be City, Successful Proposer shall agree to responsible for complying with all of the submit to an audit by an independent terms and conditions of the Sample Certified Public Accountant selected by City. Agreement document if included herein, Successful Proposer shall allow City to except where variant or conflicting examine and review the records of language may be included in any Special Successful Proposer at any and all times Conditions contained herein. Proposers during normal business hours during the shall note any deviation or variance with term of the Contract. the Sample Agreement document at the time of bid submission. 30. ASSIGNMENT 35. INFORMATION REQUESTS AFTER DUE DATE 30.1 Successful Proposer shall not assign, transfer or subject the Following a recommendation for award, Contract or its rights, title, Proposers may download the evaluation interests or obligations therein without results directly from the Internet at City's prior written approval. htto://www.tamarac.org. Pursuant to Florida Statute Chapter 119, 30.2 Violation of the terms of this Section 7(m), sealed bids or proposals paragraph shall constitute a received by an agency pursuant to breach of the Contract by invitations to bid or requests for proposals Successful Proposer and City are exempt from the provisions of may, at its discretion, cancel the subsection (1) and s. 24(a), Art. I of the Contract. All rights, title, interest State Constitution until such time as the and obligations of Successful agency provides notice of a decision or Proposer shall thereupon cease intended decision pursuant to F.S. and terminate. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 31. EMPLOYEES Employees of the successful Contractor shall at all times be under its sole direction 36. BUDGETARY CONSTRAINTS and not an employee or agent of the City. In the event the City is required to reduce The Contractor shall supply competent contract costs due to budgetary and physically capable employees. The constraints, all services specified in this City may require the Contractor to remove document may be subject to a permanent an employee it deems careless, or temporary reduction in budget. In such incompetent, insubordinate or otherwise an event, the total cost for the affected objectionable. Bidder shall be responsible service shall be reduced as required. The to the City for the acts and omissions of all Contractor shall also be provided with a employees working under its directions. minimum 30-day notice prior to any such reduction in budget. 32. CITY TAX-EXEMPT STATUS The City of Tamarac is exempt from all 37. CONTINGENT FEES 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 33. GOVERNING LAW: or secure this Agreement and that it has 12 City of Tamarac Purchasing and Contracts Division not paid or agreed to pay any person, higher than those charged the company, corporation, individual or firm, Proposer's most favored customer other than a bona fide employee working for the same or substantially solely for the Proposer any fee, similar service. commission, percentage, gift or any other 38.2 The said rates and cost shall be consideration contingent upon or resulting from the award or making of this adjusted to exclude any significant Agreement. sums should the City determine th t th t d t 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 a e ra es an cos s 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. Remainder of Page Intentionally Blank 13 City of Tainarac I Purchasing and Contracts Division V. STATEMENT OF WORK COMMERCIAL ARTERIAL REDEVELOPMENT 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 Project Goals The goals to be achieved with this initiative include the following: 2.1 Position the City of Tamarac's commercial areas to be more competitive for redevelopment opportunities. 2.2 Identify current and future market demand within the City's commercial areas. 2.3 Identify the ten-year potential for key uses and activities within the City. 2.4 Provide recommendations to target specific market sectors and make recommendations regarding the zoning pattern to affect a more sustainable transit -oriented development. 3.0 Scope of Services The City of Tamarac is interested in conducting a Redevelopment study of the City's major commercial areas within the City to be used for the planning of future commercial redevelopment. The primary focus of this study will be the City of Tamarac's major commercial areas, with an emphasis on major arterials. Major commercial arterial streets include, but are not limited to the following: 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 70th Avenue. The primary tasks to be performed are as follows: 3.1 Inventory and analysis of existing conditions 3.1.1 Conduct a detailed analysis of existing land use, zoning, transportation, and infrastructure conditions. Review and make recommendations for suitable amendments for the following: applicable City regulations, design standards, district zoning regulations, long-range transit plans, and other, relevant planning initiatives. Amendments should take into consideration transit - oriented design and green initiatives. 3.1.2 Existing condition analysis- the consultant will collect, analyze and present a parcel by parcel detailed physical profile of all properties within the commercial areas. Existing conditions for parcels should be included, but not 14 City of Tamarac I Purchasing and Contracts Division limited to the site conditions that could affect potential redevelopment options: Ownership, current use, assessed value, occupancy/vacancy/availability, building site and site condition (including building obsolescence), physical/transportation/infrastructure limitations (i.e.; access and frontage), environmental considerations and zoning constraints. 3.1.3 Market and trade conditions- consider roles of sites within the study area, assess competitive districts, identify retail, restaurant and office opportunities, estimate market rent/sale price per square foot per land use, compile and provide demographic trade area information to assist in solicitation of potential developers/site users, identify issues and challenges to the development of sites. 3.2 Inventory of socio-economic market data. The consultant team will collect, analyze, and present a socio-economic profile of the target area based on US Census data and demographic data. Reports prepared and analyzed for the target areas and adjoining neighborhoods will include information such as household composition, age and gender mix, education levels, racial composition, income levels, business and employment levels, transportation and housing usage, relating to redevelopment recommendations. Reports to be presented should include: 3.2.1 Demographic Trends Report 3.2.2 Household Trend Report 3.2.3 Population Growth Report 3.2.4 Executive Summary Report 3.3 Market and trade area analysis- the consultant team will delineate primary and secondary trade areas and will conduct a thorough market and trade area analysis using Claritas market analysis and maps. Reports to be presented should include: 3.3.1 Primary and Secondary Market Area Demographic and Household Trend Report 3.3.2 Consumer Spending Pattern Report 3.3.3 Retail and Trade Potential Report 3.3.4 Shopping Center List Report The consultant team will survey brokerage and real estate development communities to assess potential uses in the target areas. 3.4 Redevelopment sustainability analysis- the consultant team will evaluate each major parcel or parcel cluster in terms of its potential for reuse and/or redevelopment. The consultant will determine consistencies/inconsistencies of land use/function with previous plans for the area. Parcels that are vacant, underutilized, or are planned for 15 City of Tamarac _ Purchasing and Contracts Division redevelopment will be analyzed with respect to the potential uses that would be feasible based on characteristics of the site, building, and market factors. Identification of reuse/redevelopment barriers will be highlighted. The consultant will prepare a bubble diagram of potential concepts. 3.5 Alternative redevelopment scenarios- the consultant team will identify at least three redevelopment scenarios based on the findings. Those scenarios will include both a description of parcel by parcel development alternatives, general conceptual schematics, as well as alternative strategies the City could undertake to guide and attract redevelopment and reinvestment in the target areas. Alternative scenarios will be presented to City staff for input and analysis. Refinement of bubble diagram and preparation of site schematics should be included. 3.6 Detailed conceptual plan- the consultant team shall prepare a detailed concept plan with specific implementation strategies. The concept plan will contain parcel and business specific strategies including recommendations on land use, the type and style of buildings, building massing and placement on lots, and potential development phasing. The plan should include recommendations for property assemblage, site improvements, redevelopment and/or reuse concepts and infrastructure improvements. Detailed conceptual plan should also include a recommended color palette suitable for commercial properties. 4.0 Deliverables The consultant shall provide the following tangible deliverables in both electronic and printed format as a result of this study: 4.1 Comprehensive Report -- existing conditions and trends. 4.2 Comprehensive Report -- market analysis. 4.3 Recommend amendments to the City Code of Ordinances. 4.4 A one to two page Executive Summary and final Redevelopment Study Report. 4.5 Provide a recommended color palette for commercial properties. The color palette should include primary and secondary colors and include recommendations for trim colors. 4.6 Presentation to City elected officials and senior staff 6.0 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. 16 City of Tamarac Purchasing 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 An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. 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. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. 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. Quality of Response & 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 17 City of Tamarac Purchasing and Contracts Division work plan; as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria set forth. 2. Schedule. This refers to the offeror's proposed milestone/task schedule. The 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. 3. Qualifications of the Contractor. Offeror's capability in all 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. 4. Costs (Price). This refers to the proposed contract fee and reimbursement expense budget. (Please note that price is only one factor for consideration of award). The offeror shall propose a not -to -exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein. The offeror shall also include an estimated of the total hours required to complete the project, however, the offeror shall be responsible to maintain the not -to -exceed amount regardless of the number of hours required to complete the project, unless the City makes adjustments to the project scope of work. ii. If proposing costs which may include alternate programs or services not covered in the base bid pricing, the offeror, when offering such alternative services must provide a detailed explanation of additional optional services to be offered. iii. The offeror shall include a list of billable rates for each individual and/or position utilized on the project along with offeror's submittal. B. ACCEPTABLITY OF PROPOSALS 18 City of Tamarac I Purchasing and Contracts Division The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 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 MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) N/A 2. Quality of Response & Services to be Provided 30 points 4. Qualifications of the Proposer/Expertise 40 points 5. Costs/(Price) 20 points 6. Schedule 10 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 M. City of Tamarac Purchasing and Contracts Division 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. Vill. PROPOSAL COPIES Return One (1) Original and five (5) copies in an envelope marked with yourfirm's name and "RFP 12- 05R, COMMERCIAL ARTERIAL REDEVELOPMENT STUDY" to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88t' 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 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 20 City of Tamarac I Purchasin and Contracts Division PROPOSALFORM RFP 12-06R COMMERCIAL ARTERIAL REDEVELOPMENT STUDY Hourly Pricing: Please provide a composite hourly not -to -exceed rate for work to be completed on this study. $ Per Hour Estimated Hours: Please provide the number of hours anticipated to complete this project based on the Statement of Work contained herein. The estimated hours shall be used to determine your not -to -exceed pricing. TOTAL NOT -TO -EXCEED COST: Per hour rate x Estimated Hours Hours = TOTAL NOT TO EXCEED COST PLEASE INCLUDE A COMPLETE LISTING OF HOURLY RATES FOR PERSONNEL OR POSITIONS TO BE USED FOR THIS PROJECT, WHICH SHALL BE USED TO DETERMINE ANY ADDITIONAL COSTS RELATED TO ANY CHANGES TO THE SCOPE OF WORK OR TASKS TO BE COMPLETED. SUBMITTED BY: Company Name: Address: City: Telephone: FAX: Email: 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 the City of Tamarac? 21 City of Tamarac Purchasing and Contracts Division ❑ Yes ❑ 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. 22 City of Tamarac Purchasincl and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Provide a complete Work Plan detailing Offeror's approach, services to be provided and understanding of the project. ❑ 3. Offeror's qualifications and experience, including similar projects completed, qualifications of personnel assigned to the project as well as the capabilities of firm, including resumes of key personnel. ❑ 4. schedule of milestones and tasks including number of hours and personnel assigned to the milestone/task. ❑ 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 6. Sign the Certification page. Failure to do so will result in your Bid being deemed non- responsive. ❑ 7. Fill out the Proposer's Qualification Statement and Reference Form. ❑ 8. Sign the Vendor Drug Free Workplace Form. ❑ 9. Fill out the List of Sub -Contractors or Subcontractors, if applicable. ❑ 10. Fill out and sign the Certified Resolution. ❑ 11. Include all necessary Financial Statements requested. ❑ 12. Include proof of insurance. ❑ 13. Provide any additional documentation requested within the Proposal Document. ❑ 14. Submit ONE (1) Original AND the number of copies requested in the Proposal 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. 23 City of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business 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 24 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(s)/service(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 ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number 25 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: 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 ❑ 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.) City of Tainarac 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 27 City of Tamarac Purchasing 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. 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) 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. m City of Tamarac Purchasing and Contracts Division 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 affiant, 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: By Witness Witness Printed Name Title 29 City of Tamarac Purchasing 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) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath o] City of Tamarac I Purchasinq 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 tie 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: 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 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 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 Company Name 31 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 Statutes, means a finding of guilt or 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 1, 1989, 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. 32 Cif of Tamarac Purchasing 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) 33 City of Tamarac I Purchasing and Contracts Division FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND 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 34 City of Tamarac Purchasing 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 120 6) 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 35 of Tamarac I Purchasina 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 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, 36 OtZ of Tamarac I 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 City 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. 37 City of Tamarac IPurchasing 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. 16) 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. 38 City of Tamarac 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 39 City of Tamarac Purchasing and Contracts Division than a bona fide _ e 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 40 City of Tamarac Purchasinq 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. CITY OF TAMARAC Pamela Bushnell, Mayor Date ATTEST: Michael C. Cernech, City Manager Peter M.J. Richardson, CRM, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date City Attorney ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 41 City of Tamarac Purchasing 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 a , of 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. 42 =I- Cif of Tamarac _ _ Purchasingand Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CALVIN GIORDANO & ASSOCIATES, INC., _ v This Agreement is made and entered into this day of _ , 20,0,.., 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 Calvin Giordano & Associates, Inc., a Florida corporation with principal offices located at 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316 (the "Consultant") to provide for a complete Commercial Arterial Redevelopment 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, including Exhibit A attached hereto, Request for Proposal #12-05R, "Commercial Arterial Redevelopment Study" issued by the City of Tamarac on October 19, 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 29, 2011, 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 including Exhibit A attached hereto, shall prevail followed by the Request for Proposal #12-05R, "Commercial Arterial Redevelopment Study" issued by the City of Tamarac on October 19, 2011 and then by the Consultant's proposal response dated November 29, 2011. 2) The Work 2.1. The goals to be achieved with this initiative include the following: • Position the City of Tamarac's commercial areas to be more competitive for redevelopment opportunities. • Identify current and future market demand within the City's commercial areas. • Identify the ten-year potential for key uses and activities within the City. • Provide recommendations to target specific market sectors and make recommendations regarding the zoning pattern to affect a more sustainable transit -oriented development. Accordingly, in support of these goals, the Consultant shall perform all work for the City required by the contract documents as set forth below: City of Tamarac Purchasesand Contracts Division 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to perform a Commercial Arterial Redevelopment Study for the City of Tamarac. : 2.1.2 The primary focus of this study will be the City of Tamarac's major commercial areas, with an emphasis on major arterials. Major commercial arterial streets include, but are not limited to the following: 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 70th Avenue. The primary tasks to be performed are as follows: 2.1.2.1 Inventory and analysis of existing conditions. 2.1.2.2 Conduct a detailed analysis of existing land use, zoning, transportation, and infrastructure conditions. Review and make recommendations for suitable amendments for the following: applicable City regulations, design standards, district zoning regulations, long-range transit plans, and other, relevant planning initiatives. Amendments should take into consideration transit - oriented design and green initiatives. 2.1.2.3 Existing condition analysis -- the consultant will collect, analyze and present a parcel by parcel detailed physical profile of all properties within the commercial areas. Existing conditions for parcels should be included, but not limited to the site conditions that could affect potential redevelopment options: Ownership, current use, assessed value, occupancy/vacancy/availability, building site and site condition (including building obsolescence), physical/transportation/infrastructure limitations (i.e.; access and frontage), environmental considerations and zoning constraints. 2.1.2.4 Market and trade conditions- consider roles of sites within the study area, assess competitive districts, identify retail, restaurant and office opportunities, estimate market rent/sale price per square foot per land use, compile and provide demographic trade area information to assist in solicitation of potential developers/site users, identify issues and challenges to the development of sites. 2.1.2.5 Inventory of socio-economic market data. The consultant team will collect, analyze, and present a socio-economic profile of the target area based on US Census data and demographic data. Reports prepared and analyzed for the target areas and adjoining neighborhoods will include information such as household composition, age and gender mix, education levels, racial composition, income levels, business and employment levels, transportation and housing usage, relating to redevelopment recommendations. Reports to be presented should include: Cit of Tamarac Purchasinq and Contracts Division 2.1.2.5.1 Demographic Trends Report 2.1.2.5.2 Household Trend Report 2.1.2.5.3 Population Growth Report 2.1.2.5.4 Executive Summary Report 2.1.2.6 Market and trade area analysis -- the consultant team will delineate primary and secondary trade areas and will conduct a thorough market and trade area analysis using Claritas or other modeling program for market analysis and maps as approved by City. Reports to be presented should include: 2.1.2.6.1 Primary and Secondary Market Area Demographic and Household Trend Report. 2.1.2.6.2 Primary and Secondary Market Area Demographic and Household Trend Report. 2.1.2.6.3 Consumer Spending Pattern Report 2.1.2.6.4 Retail and Trade Potential Report 2.1.2.6.5 Shopping Center List Report 2.1.2.7 The consultant team will survey brokerage and real estate development communities to assess potential uses in the target areas. 2.1.2.8 Redevelopment sustainability analysis -- the consultant team will evaluate each major parcel or parcel cluster in terms of its potential for reuse and/or redevelopment. The consultant will determine consistencies/inconsistencies of land use/function with previous plans for the area. Parcels that are vacant, underutilized, or are planned for redevelopment will be analyzed with respect to the potential uses that would be feasible based on characteristics of the site, building, and market factors. Identification of reuse/redevelopment barriers will be highlighted. The consultant will prepare a bubble diagram of potential concepts. 2.1.2.9 Alternative redevelopment scenarios -- the consultant team will identify at least three redevelopment scenarios based on the findings. Those scenarios will include both a description of parcel by parcel development alternatives, general conceptual schematics, as well as alternative strategies the City could undertake to guide and attract redevelopment and reinvestment in the target areas. Alternative scenarios will be presented to City staff for input and analysis. Refinement of bubble diagram and preparation of site schematics should be included. 2.1.2.10 Detailed conceptual plan- the consultant team shall prepare a detailed concept plan with specific implementation strategies. The concept plan will contain parcel and business specific strategies including recommendations on land use, the type and style of buildings, building massing and placement on lots, and potential development phasing. The plan should include recommendations for City of Tamarac ___ I_ Purchas0qand Contracts Division _ property assemblage, site improvements, redevelopment and/or reuse concepts and infrastructure improvements. Detailed conceptual plan should also include a recommended color palette suitable for commercial properties. 2.1.3 Deliverables -- The consultant shall provide the following tangible deliverables in both electronic and printed format as a result of this study: 2.1.3.1 Comprehensive Report -- existing conditions and trends. 2.1.3.2 Comprehensive Report -- market analysis. 2.1.3.3 Recommend amendments to the City Code of Ordinances. 2.1.3.4 A one to two page Executive Summary and final Redevelopment Study Report. 2.1.3.5 Provide a recommended color palette for commercial properties. The color palette should include primary and secondary colors and include recommendations for trim colors. 2.1.3.6 Presentation to City elected officials and senior staff. 2.1.4 Other tasks to be completed shall be as outlined in Appendix A to this Agreement, included herein. 2.1.5 Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. 2.1.6 Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement. 2.1.7 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 herein. 2.1.8 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 City of Tamarac Purchasing and Contracts Division 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 245 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 One Hundred Seventy -Four Thousand, Two Hundred Sixty Dollars and no cents ($174,260) 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 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 City of Tamarac _ _ __ Purchasirx� and Contracts Division 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 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. 6 gi LqfTarqarac 11) Notice and Contracts Division 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 Calvin Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 ATTN: Dennis J. Giordano Telephone: (954) 921-7781 Fax: (954) 921-8807 dgiordano@calvin-giordano.com 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. 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 _City of Tamarac _ _ _ Purchasin�c and Contracts Division 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. 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 8 _Cif of Tamarac _ _ _ Purchasing nand Contracts _Division 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. 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- Ci�yof Tamarac _ _ Purchases and Contracts Division 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 10 ,Pyof Tamarac _^ _ _ _ Purchasing 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 President, duly authorized to execute same. ATTEST: "Peter M.J. Rich rdson, CRM, MC City Clerk �� of Date; CITY OF TAMARAC P,'wtL 0-iLt I ( ' Pamela Bushnell, Mayor ;5 //,[ Date is ae C. Cernec , City Mana6er Date: Approved 96, to form and legal sufficiency: Ci y to ey ATTEST.- CALVIN GIORDANO & ASSOCIATES, INC. Co m Name (C rporate 8e6reta ) Sign ure of President/Owner Dawn Hopkins Corporate Secy. (CORPORATE SEAL) Dennis J. Giordano President Date 11 _qtypf Tamarac Purchasirand 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 Dennis J. Giordano, President, of Calvin Giordano & Associates, 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/she executed the same. WITNESS my hand and official seal this 1-4 day of �e , 20 12 . ELIZABETH LINARES Notary Public - State of Florida yzF My Comm. Expires Sep 14, 2013 oFF��,.�'` Commission ilk DD 925145 12 Signature of Notary Public State of Florida at Large F'q izfA b.&+14 I,Unr fti 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. Calvin, Giordano & Associates, Inc. E X C E P T I O N A L 5 0 L U T 1 0 N 5 a Exhibit A City of Tamarac Commercial Redevelopment Study Scope of Services The following outlines the scope of services to be performed by CGA Redevelopment Solutions! team: A. Kick-off meeting and Tour with City staff. Our Redevelopment Solutions! team will meet with Tamarac staff to review the City's achievements and to begin discussions on new opportunities for redevelopment projects and increasing the City's competitiveness. The Commercial Arterial Redevelopment Study schedule and deliverables will also be reviewed. During or shortly after the kick-off meeting, our team and City staff will tour the Corridors together based upon a pre -determined itinerary. B. Existing Conditions Data Inventory and Analysis. This section of the Study will include the following: 1. Existing Development The Redevelopment Solutions! team will review existing land uses, ownership, assessed value, vacancy, building condition, transportation and infrastructure on a parcel by parcel basis. GIS data from the Broward County Property Appraiser, City staff and field work performed by CGA will be utilized for the analysis. 2. Existing regulations and plans. The Redevelopment Solutions! team will review the City's zoning code and Comprehensive Plan for limitations that might prevent successful development and redevelopment of the study corridors. Design standards will also be reviewed to determine a need for urban design guidelines and/or regulations. Any inconsistencies with existing plans shall be identified. Existing and future transit routes will be reviewed for potential tie-in for transit -oriented development. 3. Demographic and economic overview. The Redevelopment Solutions! team will perform a detailed socio-economic profile including demographic, household, population and employment trends. Data will be gathered from the City, County, Shimberg Center, US Census, and Claritas (a respected and widely accepted private source of economic and demographic data) to provide the basis for market analysis and proposed target industries. 4. Market analysis. The Redevelopment Solutions! team with the assistance of Lambert Advisory, LLC will report on consumer spending patterns, retail and trade trends and their effect on and potential for Tamarac corridors, and review existing shopping centers for potential redevelopment. CGA will also review previous economic development efforts such as the Tamarac Economic Development Strategy. 5. Infrastructure and Transportation. The Redevelopment Solutions! team will review the existing infrastructure (traffic circulation, transit, parking, pedestrian and bicycle facilities, drainage, potable water, wastewater) for deficiencies and redevelopment needs. Data from the City including the City's Utilities and Public Works Departments, the Long Range Transportation Plan (LRTP), the Transportation Improvement Plan (TIP) and the Broward County Transit Development Plan will be compiled and analyzed. Redevelopment Solutions! 11 ,$ a Calvin, Giordano & Associates, Inc. E X C E P T I O N A l S O l U T 1 O N S C. Draft Detailed Conceptual Redevelopment Plan. Based upon the Existing Conditions Data Inventory and Analysis, the CGA team shall prepare a detailed conceptual redevelopment plan with specific implementation strategies. The plan will contain parcel and business specific strategies including recommendations on land use, the type and style of buildings, building massing and placement on lots, and potential development phasing. The plan will include recommendations for property assemblage, site improvements, redevelopment and/or reuse concepts and infrastructure improvements. The draft detailed conceptual plan will also include a recommended color palette suitable for commercial properties. Three redevelopment scenarios will be prepared that will include both a description of parcel by parcel development alternatives, general bubble diagram and site schematics, as well as alternative strategies the City could undertake to guide and attract redevelopment and reinvestment in the target areas. This Detailed Conceptual Redevelopment Plan may include (but not be limited to): • Activity Center Identification • Nodal Development Potential • Land Assembly Potential (Public and Private Strategies) • Economic Development Strategies • Cluster Strategies • Targeted Business Development • Market Driven Incentives • Code -Based Incentives • Revitalization Funding Strategies • Infrastructure Development Partners • Revitalization Format/Structures • Transit Oriented Development • Commercial Building and Property Enhancement Programs • Green and Energy -efficient Strategies 1. Infrastructure and Capital Improvements. Implementation of the various infrastructure recommendations will in part be determined by how critical the need. In addition, the CGA Team will identify which improvements will best help attract and retain businesses, and which have the most immediate aesthetic impact on the area. 2. Land Use and Zoning Modifications. Based upon the analysis of existing land uses and the Economic Development and Marketing Plan, land use and zoning amendments will be proposed that encourage appropriate uses, composition and densities and intensities for infill development. The City's Comprehensive Plan and Zoning Code will be reviewed for potential changes and incentives to encourage commercial development. Additional focus will include green building and energy -efficient strategies. 3. Economic Development and Marketing Plan. The team will prepare an Economic Development and Market Study that analyzes feasible and attractive uses and industries for City of Tamarac Corridors based upon a 10-year time frame. The Plan will also outline specific strategies for business attraction, marketing, and developing a Redevelopment Solutions! 12 Calvin, Giordano & Associates, Inc. E X C E P T 1 O N A L 5 0 L U T I O N 5 • competitive advantage for existing and future Tamarac businesses based upon demographic trends, existing and projected market demand for commercial and residential areas and infrastructure. The real focus of the strategy is to attract businesses that create recurring jobs, support existing businesses, create a net positive fiscal benefit to the City, and, over the long term, create momentum for future business investment. Recommendations will be made such as a comprehensive marketing and promotion of the Tamarac business districts, incorporating an event concept and layout of intriguing visual and communicative appeal conveyed through print, databases, websites with searchable content, on the ground marketing (flyers, banners, word of mouth) and Public Relations image building. 4. Urban Design and Streetscape. Guiding principles will be developed including building massing, architecture, and landscaping will be included taking into account the City's green initiatives. Urban design standards shall include a color palette for commercial properties. Urban design and streetscape plans will be development based upon land use and economic development strategies and consider the following factors: • Creating/continuing community character, theme, interconnectivity and consistent/ compatible relationships between land uses • A re -occurring architectural and landscaping theme promoting identity and sense of place • Complementary mixed uses and location of activities to allow constructive interaction between them • Function and fit of buildings and their relationships to public places and common open areas • Animation including designation of open space that will stimulate public activity • Signage • Accessibility both to and throughout the area • Mixed -uses composed of existing and expanding business clusters S. Transportation. Accessibility is critical to the success of commercial corridors. Based upon the redevelopment strategies proposed in the Commercial Arterial Redevelopment Study and the analysis of existing conditions and levels of service, multimodal transportation strategies including circulation, future parking needs, bicycle and pedestrian facilities will be proposed. More sustainable transportation strategies will be suggested to complement land use, urban design, and economic development needs. D. Meetings with Tamarac City Staff and Elected Officials. Before the Redevelopment Solutions! team begins public workshops, the team will meet with City staff to review the Draft Conceptual Redevelopment Plan and bubble diagrams to review proposed strategies and redevelopment scenarios. Individual meetings with City Commissioners to review draft concepts will be conducted as well. E. Public Workshops. The Redevelopment Solutions! team will present redevelopment scenarios in each sub -district in four (4) public workshops. Handheld voting may be used to Redevelopment Solutions! 13 6 'b71 �`.I Calvin, Giordano Associates, Inc. E X C E P T I O N A L S O L U T 1 0 N 5 obtain feedback on conceptual redevelopment strategies and redevelopment scenarios to ensure the plan represents the desires of the community. The Redevelopment Solutions! team will work with City staff including the Public Information Office to prepare press releases, articles for the Tam -A -Gram, a website, and email blasts to ensure Tamarac residents and businesses are aware of the Commercial Arterial Redevelopment Study and the public workshops. The Redevelopment Solutions! team in coordination with City staff will also reach out to The Greater Tamarac Chamber of Commerce to ensure business owners are included in the process. F. Final Detailed Conceptual Redevelopment Plan. Based upon input from City staff, City Commission, and feedback received from residents and business owners through public workshops, the Redevelopment Solutions! team will review the Conceptual Redevelopment Plan including a detailed implementation plan and provide specific detail on land use and zoning, urban design, design guidelines, and property assembly. Capital improvements such as stormwater, streetscape, and transportation improvements will also be recommended to enhance redevelopment potential. Final recommendations and a detailed implementation plan will include the following: • Infrastructure Needs • Streetscaping • Wayfinding • Public Landscaping • Zoning/Land Use Modifications • Business Attraction/Retention Programs • Land Assembly/Acquisition Strategies • Transit Oriented Improvements • Signage and Landscape Codes • Color Palette • Gateway Enhancements • Marketing and Identity Programs G. Adoption Hearings and Final Detailed Conceptual Redevelopment Plan. The Redevelopment Solutions! team will present the Detailed Conceptual Redevelopment Plan using a PowerPoint presentation to the Planning Board and City Commission in a workshop format (one meeting each). City Commission comments can be incorporated into a final version of the Detailed Conceptual Redevelopment Plan. Redevelopment Solutions! 14 Exhibit A Task Description Deadline Cost A. Kick-off meeting and Tour with City staff 10 days from NTP* $5,700 B. Existing Conditions Data Inventory and Analysis Existing Development Existing regulations and plans Demographic and economic overview Market analysis Infrastructure and Transportation 60 days from NTP $16 715 $7 830 $10,810 $11,705 $10,720 C. Draft Conceptual Redevelopment Plan Economic Development and Marketing Plan Urban Design and Streetscape Land Use and Zoning Changes Infrastructure and Capital Improvements Transportation 90 days from NTP $17 275 $10 730 $5 695 $14,695 $5,650 D. Meetings with Tamarac City Staff and Elected Officials 120 days from NTP $19,425 E. Public Workshops 180 days from NTP $18,600 F. Detailed Conceptual Redevelopment Plan 210 days from NTP $26,930 G. Adoption Hearings and Final Commercial Arterial Redevelopment Study 240 days from NTP $12 450 TOTAL (Not to exceed)l 8 months $174,260 otes:. 1) So �y be aomte4to suit City of TaMirac needs. Cost Includes reimM lofts, I)AN Copies to i3o provklod In'dieW format . otica to Proceed ' "" Hourly Rates Calvin, Giordano & Associates, Inc. Richard D. Sala, AICP, ICMA-CM Director, Redevelopment, Administration and Urban Design $165 Lorraine Tappen, AICP, LEED Green Associate Senior Planner $145 Jeff Oris, CEcD Redevelopment Planner $105 Sarah Sinatra Gould, AICP Manager, Planning Department $175 Richard Cannone Planning Administrator $145 Doug Taylor, PE Director, Civil Engineering and Land Development $165 Monica Morandi, PE Project Engineer $125 James Spinks, PE, PTOE Traffic Engineer $145 Jeffery Maxwell, PE, PTOE Director, Traffic Engineering $165 Mike Conner, RLA, ASLA Senior Landscape Architect $130 Gianno Feoli, ASLA, AIA Urban Designer $115 Eric Sudman Landscape Designer $95 Hector Perez Director, Data Technology $165 Amen Abdou GIS Specialist $125 Lambert Advisory, LLC Paul Lambert Managing Principal $200 Eric Liff Principal $150 CALVI-2 OP ID: N6 14`Ii* .'�, R� CERTIFICATE OF LIABILITY INSURANCE 11 r_�ATE(M24/1YYY) 02/4/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 954-776-2222 Brown & Brown of Florida, Inc. 1201 W Cypress Creek Rd # 130 954-776-4446 P.O. BOX 5727 Ft. Lauderdale, FL 33310-5727 CONTACT PAHjC NNFAX Ext : AIC No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Stephen E. Patton, AAI INSURER A: Hartford Casualty Ins. Co 29424 INSURED Calvin, Giordano & Associates, Inc. Attn: Dennis Giordano INSURER B : Hartford Ins Co of Midwest 37478 INSURER C: American Guar & Liab Ins Co 26247 INSURER D: Hartford Fire Insurance Co. 19682 1800 Eller Drive #600 Ft. Lauderdale, FL 33316 INSURER E: Continental Casualty Company 20443 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR X 21UUNLK3645 01/01/12 01/01/13 D PREMISESAMAET EaRENT occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,000 08/27/11 08/27/12 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OP AGG $ 2,000,000 PRO LOC POLICY Fy-X JFCT $ AUTOMOBILE LIABILITY ECOM aBINED.denSINGLE LIMIT $ 1,000,00 BODILY INJURY(Per person) $ B ANY AUTO 21UENJB7000 01/01/12 01/01/13 JX ALL OWNED SCHEDULEDer AUTOS ( )BODILY INJURY Pidt accenAUTOS $ HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 C EXCESS LIAB CLAIMS -MADE AUC594612803 01/01/12 01/01/13 AGGREGATE $ 10,000,00 DED X I RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ N / A 21WBNO3209 01/01/12 01/01/13 X \i STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Professional Liab AEH288358005 08/27/11 08/27/12 Per Claim 5,000,00 Claim Made RETENTION: $200,000 Aggregate 5,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101;Additional Remarks Schedule, if more space is required) RE: 12-05R - Continuing Services Agreement for Professional Services Certificate holder is listed as additional insured as respects general liability if required by written contract. , �"w"u rm tAIYI.GLLA I IUIV TAMACTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Building Department ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88th Ave Tamarac, FL 33321-6200 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD