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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