HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-080Reso. #TR 11835
June 7, 2010
Page 1 of 3
CITY OF TAMARAC, FLORIDA p
RESOLUTION NO. R-2010- p O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT
WITH CORZO CASTELLA CARBALLO THOMPSON
SALMAN, P.A., FOR PROFESSIONAL DESIGN SERVICES
FOR THE MULTIPURPOSE CENTER MODIFICATION OF
BUILDING ENVELOPE PROJECT, IN ACCORDANCE WITH
TASK AUTHORIZATION NO. 10-04E AND THE CITY'S
CONTINUING SERVICE AGREEMENTAS AUTHORIZED BY
RESOLUTION NO. R-2009-090; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; AUTHORIZING AN EXPENDITURE FOR SAID
PURPOSE IN AN AMOUNT NOT -TO -EXCEED $65,000.00;
AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR
PROPER ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a significant portion of the existing building envelope at the
Multipurpose Center (MPC) has an exterior shell constructed out of translucent panels,
originally installed when the facility was constructed in 1990, now considered to be
obsolete; and
WHEREAS, in the time between the original installation and the proposed
replacement, building codes and hurricane wind standards for South Florida have changed
dramatically, causing the existing panels to be out of compliance with current codes; and
WHEREAS, due to the age, together with the structural and aesthetic condition of
the panels, it is recommended that the existing system be replaced and brought up to
current code; and
WHEREAS, a complete replacement of the translucent panels would require
significant structural improvement to meet current code; and
WHEREAS, the translucent panel systems are very maintenance intensive,
requiring periodic cleaning, caulking and fastener tightening; and
Reso. #TR 11835
June 7, 2010
Page 2 of 3
WHEREAS, as an alternative to the maintenance intensive translucent panel
system, we are recommending replacing them with an engineering Sure -Board Wall
System, which will meet current building codes and match the exterior stucco finish of the
remainder of the building; and
WHEREAS, it is estimated that a complete replacement of the translucent panel
system could be double the cost of the recommended Sure -Board Wall System; and
WHEREAS, the translucent panels are no longer consistent with the architectural
features of the adjacent facilities (recently completed Recreation Center and Tamarac
Elementary); and
WHEREAS, the proposed Sure -Board System will have a stucco finish and a
standing seam hip -roof, consistent with the Recreation Center; and
WHEREAS, on May 27, 2010, the City of Tamarac received a proposal from Corzo
Castella Carballo Thompson Salman, P.A. in accordance with the City of Tamarac's
Continuing Engineering Services Agreement as authorized by Resolution No. R-2009-090
dated June 22, 2009, a copy of which is on file in the office of the City Clerk; and
WHEREAS, Corzo Castella Carballo Thompson Salman, P.A. possesses the
required knowledge and experience to provide professional design services for the
Multipurpose Center — Modification of Building Envelope Project and has submitted a
detailed proposal in the amount not -to -exceed $65,000.00 hereto attached as "Exhibit 1"
incorporated herein and made a specific part of this resolution; and
WHEREAS, Corzo Castella Carballo Thompson Salman, P.A., has been pre -
qualified as an approved consultant for design services by the City of Tamarac as
authorized by Resolution No. R-2009-090 and the associated Continuing Services
Agreement dated, June 22, 2009; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Reso. #TR 11835
June 7, 2010
Page 3 of 3
Purchasing Contracts Manager that the appropriate City Officials enter into an agreement
with Corzo Castella Carballo Thompson Salman, P.A., in accordance with Task
Authorization No. 10-04E, for an amount not -to -exceed $65,000.00; 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 enter into an
agreement with Corzo Castella Carballo Thompson Salman, P.A., in accordance with Task
Authorization No. 10-04E, to provide professional design services for the Multipurpose
Center — Modification of Building Envelope Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The City Commission hereby approves the agreement between
the City of Tamarac and Corzo Castella Carballo Thompson Salman, P.A. ("the
Agreement") and the appropriate City Officials are hereby authorized to execute the
Agreement, hereto attached as Exhibit 2, to provide professional design services for the
Multipurpose Center — Modification of Building Envelope Project.
Reso. #TR 11835
June 7, 2010
Page 4 of 3
SECTION 3: An expenditure in an amount not -to -exceed $65,000.00 for said
purpose is hereby authorized, and appropriation in the amount of $65,000 to provide
sufficient funding for this Agreement will be included in a budget amendment prior to
November 30, 2010 pursuant to F.S. 166.241(2).
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156 (b) of the City Code,
and close the contract award including, but not limited to making final payment within the
terms and conditions of the contract and within the contract price.
SECTION 6: All budget amendments for proper accounting purposes are
hereby approved.
SECTION 7: 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
Reso. #TR 11835
June 7, 2010
Page 5 of 3
1
1
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ��� day of�'�_ 2010
BETH TALABISCO
MAYOR
MARION SWEI4SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. GOREN
CITY ATTORNEY
)RECORD OF COMMISSION VOTE:
MAYOR TALABISCO L4z-v
DIST 1: COMM. BUSHNELL oaf":'
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM.GLASSER
DIST 4: VM. DRESSLER
of Tamarac
& Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
/_1► I I7
CORSO CASTELLA CARBALLO THOMPSON SALMAN, P.A.
THIS AGREEMENT is made and entered into this ; day of � c.vt/ ,
2010, by and between the City of Tamarac, a municipal corporation witlT principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Corzo Castella
Carballo Thompson Salman, P.A. (C3TS), a Florida corporation with principal offices
located at 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, FL 33134 (the
"Consultant") to provide for professional design services for the Tamarac Community
Center — Modification of Building Envelope.
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, Solicitation No. 06-06R,
and subsequent Architectural and Engineering Continuing Service Agreement, approved
by the Board on July 12, 2006, Attachment "A", (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 submitted
by the Consultant Attachment "B" dated May 26, 2010, No.P2009-129, Task Authorization
No. 10-04E, 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 complete the Scope of Services as set forth in Attachment "B".
2.1.2 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.
of Tamarac Purchasing & Contracts Division
2.1.3 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.
2.1.4 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.
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 General 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 Scope of Work shall be completed to the schedule
detailed in the Consultant's Proposal, Attachment "B".
5) Contract Sum
The Contract Sum for the above work detailed in Attachment "B" Proposal is a "not
to exceed" amount of Sixty Five Thousand Dollars and no cents ($65,000.00).
6) Payments
The City shall pay in full the Contract Sum to the Consultant upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
shall pay the Consultant for work performed subject to the specifications of the job and
subject to any additions and deductions by subsequent change order provided in the
City of Tamarac
& Contracts Division
contract documents. 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 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. The City and Consultant recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Consultant and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Consultant.
Furthermore, the City and Consultant understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the City's and
the Consultant's responsibility to indemnify.
7.5. City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Consultant under the indemnification agreement.
of Tamarac
& Contracts Division
7.6. Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
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.
City of Tamarac
11) Notice
Purchasing & 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
Corzo Castella Carballo Thompson Salman
(C3TS)
901 Ponce De Leon Blvd., Suite 900
Coral Gables, FL 33134
(561) 487-3379
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 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.
of Tamarac
13) Uncontrollable Forces
Purchasing & Contracts Division
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 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.
City of Tamarac
18) Merger; Amendment
& Contracts Division
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.
Remainder of Page Intentionally Blank
of Tamarac
& Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONSULTANT, signing by and through its Vice
President, duly authorized to execute same.
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
Date
ATTEST: Jeffrey . it , City Manager
Mar ion..Swenson C Date:
City Cl&k
Date
ATTEST:
ry)
e/Print Name of Corporate Secy
(CORPORATE SEAL)
Approved o form a legal sufficiency:
ity Attorn
Date
Corso Castella Carbello Thompson
Salman C3TS
Company Name
re of Vice Presid
Terrance N. Glunt
Type/Print Name of Vice President
(" I 1,C)
Date
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF __DCLd 2, -�46Md
((��,, :SS
COUNTY OF Da ---k-P-
& Contracts Division
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Terrance N. Glunt, of C3TS, 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 thisviay of
n
1400"
rn ar rruurrrrrrnrr+Iwnar
VIVIAN/ FlDAftrCL�y/�►
f'; l y�M���yMYM"r
J� f CXPIr" SIJI?A11
W Nowy Amps , W
_...,.,....a..�tl:RrL�tln9tl�otltlf rrrrrrrrrrrrrrrrrr�r
I
re of Notary Public
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.
C.
ATTACHMENT
of Tamarac
& Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A.
— ..... ... _THIS AGREEMENT .is- made. and entered into this -ay of..
AJUISJ
20,Qfp,,,,by and between the City of Tamarac, a municipal corporation with princillal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Corzo Castella
Carballo Thompson Salman, P.A., a Florida corporation with principal offices located at 901
Ponce De Leon Blvd., Suite 900, Coral Gables, FL 33134 (the "Consultant") to provide "as.
needed" project task engineering services under this continuing services agreement.
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. 05-06R,
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 provide various "as needed", engineering project task services.
Each project task required by the City shall be identified and
described in detail by Consultant and approved in writing by the
appropriate award authority of the City.
2.1.2 Consultant shall perform engineering services as detailed in the
specific task authorization agreement as approved by City.
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
of Tamarac
& Contracts Division
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 herein.
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
It is understood that this Agreement is a term contract for three (3) years from date
of execution by City. The City may renew this contract for an additional two (2) year term,
subject to Consultant acceptance and satisfactory performance. No work shall be
performed unless a specific task authorization is provided in writing to Consultant by
appropriate City award authority. Each task authorization shall include information as to
start and completion times for that task.
5) Contract Sum
The Contract Sum for all work awarded shall be detailed in writing for each
separate task authorization.
of Tamarac
Purchasing & Contracis Division
6) Payments
. The City shall pay in full the Contract Sum to the Consultant upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
shall pay the Consultant for work performed subject to the specifications of the job and
subject to any additions and deductions by subsequent change order provided in the
contract documents. All payments shall be governed by the Local Government Prompt
Payment Act, F.S., Part VII, Chapter 218.
_._-- _ __ Andem-nification
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 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, religion, color,
city of Tamarac Purchasing & Contracts Division
gender, national origin, sex, age, 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, religion,
color, gender, national origin, sex, age, 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.
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:
of Tamarac
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 & Fzrol; P:A:
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
_QQNSULTANT
Corzo Castella Carballo Thompson Salman, P.A.
901 Ponce De Leon Blvd.
Suite 900
Coral Gables, FL 33134
(954) 565-2113
12) Termination
& Contracts Division
12.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the terminating
party to the other party 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 Farces" 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.
of Tamarac
& Contracts Division
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) Agreenent Subjeet 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 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
6
o/ Tamarac
involving this Agreement.
& 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.
CITY OF TAMA C
Beth Flansbaum-Talabisco, Mayor
ATTEST:
Marion Swenson,'CMC
City Clerk
-7 h
Date
IIfc� Ir J�
�D tie
Jeffrey . Miller, City Manager
L -
D te.
Approved as to form and legal sufficiency:
ATTEST: Corzo Castella Carballo Thompson
Salman, P.A.
Company Name
��� (�� C14W
(Corpor a S e c- re -tW Signature of Vice Presi nt/Owner
T. Carballo
int Name of Corporate Secy.
Ramon Castella, Vice President
TypeiPrint Name of President/Owner
.,avKt�r 1 Zoo (a
(CORPORATE SEAL) Date
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF E(g f � Gib
:SS
COUNTY OF.9PJ nU7&LQ
& Contracts Division
....I _HEREBY CERTIFY that -on this day, before mean :Officerduly authorized in the State -
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Ramon Castella, Vice President, of Corzo Castella Carballo Thompson Salman, P.A., a
Florida Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of 122� M .Pf, 20_P6
4Z..
s PWAIE I U INNo" PW* - SWW of FW0My cammiselon B,cpkea j 2r, zoosCaaanis" 0 DO 455363Bonded By National Notary Assn.
17
SlgAore of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
16 Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
[] DID NOT take an oath.
ATTACHMENT B
November 17, 2009
Revised Date: May 26, 2010
City of Tamarac
6011 Nob Hill Road
Tamarac, FL 33321
Attention: Mr. John Doherty, P.E.
ARCHITECTS City Engineer
ENGINEERS
PLANNERS
PtJBWRILAT04 Reference, Professional Design Services for
Multipurpose Center - Modification of Building Envelope
C3TS Proposal No. P2009-129
Task Authorization No, 10-04E
Dear Mr. Doherty:
The firm of Corzo Castella Carballo Thompson Salman, P.A. (C3TS) is pleased
to submit this price proposal for the above referenced project for your review and
consideration. We look forward to the opportunity of working with The City of
Tamarac (City). It is our understanding that the City would like to perform
improvements to the Tamarac Community Center.
00 214Scope p2 AAC00214Sa of Services
AA
Our Professional Architectural/Engineering Services will be provided in connection
with the replacement of the existing Kalwall translucent wall panels and roof panels
with the Sure -Board wall system or equal. The mansard roof translucent panels will
also be replaced with a standing seam metal roof system with perimeter overhang.
The proposed wall system and roof system will utilize the existing steel framing
which may require minor modification to accommodate the new wall system and
roof system. This scope is based on the assumption that the existing roof and
foundation systems are adequate to support the new wall system and all
subsequent loading conditions. The wall finish will be specified to match existing
stucco wall. Impact windows shall be provided to allow natural light into the
gymnasium.
To properly evaluate the gym structure, its condition will require investigation. The
condition of the existing structure will be examined during the investigation phase
and any deficiencies will be identified and discussed with the City. Should the roof
and foundation systems be found to be inadequate for the renovations upon
completion of our evaluation, it is understood that the City can terminate the
remainder of the services should the City decide that they cannot move forward
with the project under the terms of this scope at no additional compensation.
The scope of work includes the following:
• The investigation and evaluation of the existing building structure to
adequately accommodate current code wind load (ASCE 7-05).
• The investigation of the existing condition of the building structure to safely
accommodate required FBC loads.
3996 NW 9th Avenue. Fort Lauderdale, FL 33309 954.565.2113 800.448.0227 Fax 954.567.4079
www.Ots,com Eaual 4poortunlly Emplover
Professional Design Services for
Tamarac Community Center- Modification of Building Envelope
Page 2 of 3
• Structural Drawings and Calculations for the Strengthening and Repair of
the existing building structure's wall system to safely accommodate the
required FBC loads.
• Architectural & Structural Drawings, Calculations and Specifications to
accommodate and support the proposed new wall system and new metal
deck roof system to the existing building steel framing, including
modifications to the existing framing to accommodate the new systems.
• - C3TS shall address all City of Tamarac Building Departmentcomments
throughout the permitting process and conduct a minimum of two
meeting with the Building Department, as directed, to address potential
Building Department comments with regard to permitting.
For the abovee services, the following limitation and conditions shall apply:
• Current survey of site (signed and sealed) if required for permit.
• The City shall provide all existing construction documents, any reports (i.e.
soil, percolation, bearing, testing) prepared or required for completion of the
above services.
C3TS shall provide construction administration services on a limited basis during
construction as approved by the City. These services shall include shop drawing
review, response to RFI's during bidding and construction, minimal site inspections
during construction (typically one to two), and a final inspection upon completion.
Logs for, shop drawings and RFI's shall be maintained as part of these services.
The City shall be responsible for all correspondence to and from the Contractor but
C3TS shall provide the necessary responses and technical support to the City for
issues regarding RFI's and such. C3TS shall review the final as -built drawings
submitted by the Contractor, provide a punch list inspection report for each project
and issue a letter of substantial conformance upon completion.
Compensation and proposed service/do I Ive rabies schedule for basic
services shall be as indicated below per Phase:
1. I NVESTIGATIONIEVALUATION
Completion Time 15 calendar days SUBTOTAL: $ 4.500.00
2. 60% DESIGN DOCUMENTS
Completion Time 45 calendar days SUBTOTAL: $ 24,390
3. 90% CONSTRUCTION DOCUMENTS
Completion Time 300 calendar days SUBTOTAL: $ 11,700.00
4. 100% CONSTRUCTION DOCUMENTS
Completion Time 21 calendar days SUBTOTAL: $ 4,500. 0
CONTRACT TOTAL BASIC SERVICES: $ 46,000.00
5. CONSTRUCTION ADMINISTRATION SUBTOTAL: $ 15,000.
Professional Design Services for
Tamarac Community Center- Modification of Building Envelope
Page 3 of 3
CONTRACT GRAND TOTAL; $ 60,000..00
6. REIMBURSABLE ALLOWANCE (NTE) $ 5§400.00
We will bill you monthly for the percentage of services or hours of service
rendered and for any Reimbursable expenses including backup documentation.
Reimbursables expense will only be paid as necessary with supporting backup
documentation. Any request for printing will be billed as a reimbursable expense
as allowed in the contract. It is not anticipated that any permits shall be required
beyond the mandatory City and County permits needed for construction, but
should permitting fees be required, the City of Tamarac shall provide all costs
associated with the permit fees.
Deliverables and Schedule
60% Document Submittal.....................................................45 days
90% Document Submittal . ........................................................30 days
100% Construction Documents...............................................21 days
The 60% and 90% will include three (3) copies for review. Review period is not
included above. Upon the City's approval of the 100% plans, six (6) original sets of
plans will be signed and sealed and submitted to the City.
We look forward to the opportunity of working with the City of Tamarac. Should
you have any questions, please feel free to contact me at (964) 565-2113 or by e-
mail at t Iq_untQ-c3ts.com.
Respectfully Submitted
Corzo Castella Carballo Thompson Salman, P.A. (C3TS)
rrance iv, Gl unt, P.E.
rincipal Associate
Vice President
Cc: Javier Salman, R.A., C3TS
Matilde Reyes, R.A., C3TS
file