The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2008-1371 Temp. Reso# 11478 September 10, 2008 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE TASK AUTHORIZATION NO. # 08-03E WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A.(C3TS) TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PHASE II OF THE CITYWIDE CANAL CULVERT IMPROVEMENT PROJECT, IN ACCORDANCE WITH THE CITY'S CONTINUING SERVICE AGREEMENT AS AUTHORIZED BY RESOLUTION #R- 2006-131; AUTHORIZING AN EXPENDITURE FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $41,800.00; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS , PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents a better stormwater drainage system throughout the City; and WHEREAS, City personnel has examined various canal crossing locations throughout the City and determine four (4) locations that require immediate restoration by utilizing a design that incorporates an aluminum headwall system with possible culvert pipe extension; and WHEREAS, the improvements are necessary due to excessive erosion and undermining of sidewalks along the edge of the roadway at the canal crossings which has created unsafe conditions for residents and pedestrians; and WHEREAS, the City requires the services of a consultant firm knowledgeable in Temp. Reso# 11478 September 10, 2008 Page 2 of 4 the area of aluminum headwall system design; and WHEREAS, Corzo Castella Carballo Thompson Salman, P.A. possesses the required knowledge and experience to provide professional engineering services for the design of Phase II of the Citywide Canal Culvert Improvement Project and has submitted detailed proposal in the amount of not to exceed $41,800.00 (attached hereto as Exhibit 1); and WHEREAS, the proposal for this work describes all tasks to be performed in accordance with Article I, "Scope of Work", of the City of Tamarac Continuing Engineering Services Agreement as authorized by Resolution R-2006-131 dated July 12, 2006, a copy of which is on file in the office of the City Clerk ; and WHEREAS, Corzo Castella Carballo Thompson Salman, P.A., has been pre - qualified to provide professional engineering services by the City of Tamarac as authorized by Resolution R-2006-131 and the associated Continuing Engineering Services Agreement dated July 12, 2006; and WHEREAS, adequate funding exists for this work in the Stormwater Capital Improvement Project Budget; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing Contracts Manager that Task Authorization No. 08-03E from Corzo Castella Carballo Thompson Salman, P.A. be approved, executed and funded; 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 accept and execute Task Authorization No. 08-03E with Corzo Castella Carballo Thompson Salman, P.A., to provide professional engineering services for the design of Phase 11 of Temp. Reso# 11478 September 10, 2008 Page 3 of 4 the Citywide Canal Culvert Improvement Project for a proposed amount not to exceed $41,800.00 and to provide funding from the appropriate budgeted Public Works account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute Task Authorization No. 08-03E with Corzo Castella Carballo Thompson Salman, P.A. (Attached hereto as Exhibit 2) to provide professional engineering services for the design of Phase II of the Citywide Canal Culvert Improvement Project in accordance with the City Consultant Engineering Agreement as authorized by Resolution R-2006-131 on July 12, 2006. SECTION 3: An expenditure in an amount not to exceed $41,800.00 for said purpose is hereby approved. SECTION 4: 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 5: All budget amendments for proper accounting purposes are hereby approved SECTION 6: If any clause, section, other part or application of this Temp. Reso# 11478 September 10, 2008 Page 4of4 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-G DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 1 1�1 City of Tamarac AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TAMARAC and Contracts Division CORZO CASTELLA CARBALLO THOMPSON JALMAN, P.A. THIS AGREEMENT made and entered into this �2 �I_ day of , 20LK, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "City", and Corzo Castella Carballo Thompson Salman P.A. (C3TS), a Florida Corporation, with principal offices located at 901 Ponce De Leon Blvd., Suite 900, Coral Gables, FL 33134, hereinafter referred to as "Consultant": WHEREAS, the City requires certain professional services in connection with Professional Design Services for Canal Culvert Bulkhead Improvements under Task Authorization No. 08-03E; and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be after appropriate City approval and after Purchase Order and Notice to Proceed issuance. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in Consultant's Proposal to the City dated July 31, 2008, attached hereto as Exhibit "A", and incorporated herein as if set forth in full and in accordance with Continuing Services Agreement, 06-06R, R-2006-131, attached as Exhibit "B", approved by the Commission on July 13, 2006. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. ARTICLE 3 - COMPENSATION The City shall pay Consultant a not to exceed amount of Forty One Thousand Eight Hundred Dollars and no cents, ($41,800.00), in accordance with the provisions contained in the which is attached hereto as Exhibit "A", and incorporated herein as if set forth in full. of Tamarac I Purchasing and Contracts Division ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and Consultant shall, at no additional cost to the City, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION 5.1. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 5.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 5.5. 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. City of Tamarac I Purchasing and Contracts Division ARTICLE 6 — NON-DISCRIMINATION AND 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. ARTICLE 7 - INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 8 PAYMENTS 8.1 The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Article 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work 3 of Tamarac I Purchasina and Contracts Division performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 8.2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218, ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 —INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. of Tamarac and Contracts Division 10.2 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 10.3 The City must be named as an additional insured unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.4 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATION OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such 5 City of Tamarac IPurchasing and Contracts Division neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - UNCONTROLLABLE FORCES 14.1 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. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 1S -GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 16 - MISCELLANEOUS 16.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect of Tamarac Purchasing and Contracts Division the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severability: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger; Amendment: This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 16.5 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. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 7 of Tamarac I Purchasing and Contracts Division ARTICLE 19 - TRUTH -IN -NEGOTIATION CERTIFICATE 19.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 19.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all work products, documents, records, disks, original drawings, specifications or other information developed as a result of this Agreement shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this Agreement shall be used only in connection with the services provided the City. ARTICLE 21 - 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. ARTICLE 22 - NOTICE 22.1 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: 16311'1 City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to City_Attorney at the following address: of Tamarac Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT: Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce De Leon Blvd. Suite 900 Coral Gables, FL 33134 Purchasing and Contracts Division 22.2 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 22.4 Consultant shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. Remainder of Page Intentionally Blank of Tamarac and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its Vice President, duly authorized to execute same. CITY OF TAMARAC Aa&o(*�t - r4m- Beth lansbaum-Talabisco, Mayo Date ATTEST: _ I rey . Mi er, City Manager I Le.e 11 Marion Swenson, �Cl City Clerk Date ATTEST: 01, Signat re of Corpo to Secreta J v%eR 54In,gn Type/Print Name of Corporate Secy. q . 41 c5b Date (CORPORATE- SEAL) Date: Approv a of and legal sufficiency: City Att ney Date Corzo Castella Salman, P.A. Company Name .y Carballo Thompson Signature of Vice President Ramon Castella, Vice President Type/Print Name cif President/Owner 6 Date 10 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OFP116-41/- 0.4MC- : 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 Ramon Castella, Vice President of Corzo Castella Carbello 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 46Lt , 2021 Signature of Notary Pultv State of F(.0-,1-,(VA- at Large . rGA •; AURQRA ELENA ROORIGUEZ r . 0 66G5G9 Expif�°�to �N0'r,*mp F blic Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 11 EXHIBIT A July 31, 2008 City of Tamarac 6011 Nob Hill Road Tamarac, FL 33321 Fnylneers Attention: Mr. John Doherty, P.E. ec P I a n ners s; City Engineer Pan Reference: Professional Design Services for Canal Culvert Bulkhead Improvements C3TS Proposal No. 2008-140 Dear Mr. Doherty: The firm of Corso 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 E80005022 (City). It is our understanding that the City would like to perform improvements to canal AAC0021 42 pipe culvert crossings at various locations throughout the City. The improvements are necessary due to erosion along the edge of roadway at the culvert crossings that is now undermining sidewalks and creating potentially unsafe conditions along the roadway guardrail. The City also desires to perform the improvements utilizing a design that Incorporates an aluminum bulkhead wall system with a small pipe culvert extension. Consultant Scope C3TS proposes to provide design and plans for the following four (4) locations: NW 780 Street just west of University Drive — south side — Canal 5S NW 77th Street just east of Nob Hill Road — north side — Canal 3F NW 77 h Street just east of Nab Hill Road — south side — Canal 3G NW 801h Street just west of Nob Hill Road — north side --- Canal 1 B Each location will be evaluated individually with respect to geotechnical conditions, hydraulic gradient, roadway and canal bank geometrics in sufficient detail to support the design of the aluminum seawall system. Plans shall be produced for each project location showing the plan view, profiles and elevations, cut sections, notes and details for the purpose of advertising and bidding all of the projects for construction either as a package or individually. During design, plans shall be submitted to the City for review at 30%, 60%, 90% and final plan production phases. Upon completion, a final set of plans, along with a digital copy of the plans and technical specifications specific to each location, shall be submitted to the City for reproduction during the bidding process. A written engineer's cost estimate shall also be provided upon completion. It is understood that the City shall provide the geotechnical data for each location through a geotechnical consultant contracted directly to the City. C3TS shall be responsible for providing the survey needed to produce the base sheets and geometry for the plans and 21301 Powerilne Rood. Suite 311, Boca Raton. Floada 33433 561.487.3379 Facsimile 561.487.3466 web Site: www.c3ts.com Equal Opportunity Employer Professional Design Services for Canal Culvert Bulkhead Improvements July 31, 2008 Page 2 of 3 shall perform the necessary utility locates so that all utility lines can be shown in sufficient detail on the plan sheets. C3TS shall also provide any permitting services that may be required as part of the design process. It is not anticipated that any other services such as electrical design, soft dig utility locates or landscape architecture will be needed for this work. C3TS shall provide construction administration services on a limited basis to assist the City during construction. These services shall include shop drawing review, response to RR'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 issue 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. Fees The fees for our services will consist of a not to exceed contract amount of Forty One Thousand Eight Hundred Dollars ($41,800.00) broken down as follows. Field Data Collection (Survey) $ 5,800.00 Design and Plan Production $ 28,000.00 Construction Administration $ 6,000.00 R imbursabl Ex enses (Allowance) 2 0.00 TOTAL FEE $ 41,800.00 We will bill you monthly for the percentage of services or hours of service rendered and for any Reimbursable expenses. Any request for printing above the indicated amount 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 C3TS will deliver 60% complete plans to the City to review within 45 days of Notice to Proceed. 90% plans and specifications will be delivered to the City to review after 30 days of the City's approval of 60% plans at which time C3TS will have addressed 60% review comments. The 100% plans and specifications will be delivered to the City to review after 21 days of the City's approval of 90% plans at which time C3TS will have addressed 90% review comments. The 60% and 90% will include three (3) copies. 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. Corzo Castella Carballo Thompson Salman, P.A. (C3TS) Engineers `Architects * Planners * Acceptance of Proposal The above fees, terms, conditions and specifications are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. Corzo Castella Carballo Thompson Salman, P.A. City of Tamarac Name & Title Date Corzo Castella Carballo Thompson Salman, P.A. (C3TS) 3996 NW a Avenue, Ft. Lauderdale, FL 33309 Tel (054) 566-2113 FAX (954) 567-4079 wwwc3ts.com No Text EXHIBIT B of Tamarac Purchasing & Contracts Division N AGREEMENT BETWEEN THE CITY OF TAMARAC AND, , CORZO CASTELLA CARBALLO THOMPSON ikLMAN, P.A. 'I THIS AGREEMENT is made and entered into this UNay of 20.0_� by and between the City of Tamarac, a municipal corporation with princi al 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. 06-06R, 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 6 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 City of Tamarac Purchasing & Contracts Division supervisor on the job site to enforce these policied 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 anq prior to any schedule change with the excepti8n of. charges ce sed 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 beginningiany work.under this Agreement. The Consultant will ensVre 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 any 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 & Contracts 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 )ob and subject to any additions and deductions by subsequent chgpge order provigeo in the contract documents. All payments shall be governed by the Local 0overnment 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. 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, farilial 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 mustf include, but not beylimited 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 iti 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: 4 of Tamarac I City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City_Att-orney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 KO,L`RAL` Corzo Castella Carballo Thompson Salman, P.A. 901 Ponce De Leon Blvd. Suite 900 Coral Gables, FL 33134 (954) 565-2113 12) Termination i & 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. il 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. 13) Uncontrollable Forces 13.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results In the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. of Tamarac Purchasing & 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, glVe 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. 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 of Tamarac involving this Agreement. Purchasing & Contracts Division 9 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY -OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its President, duly authorized to execute same. ATTEST: i Marion Swenson, MC City Clerk _ -1h -) G Date CITY OF TAMA C �. Beth Flansbaum-Talabisco, Mayor D to Jeffrey . Miller, City Manager D te: as to form and legal sufficiency: ATTEST: Corzo Castella Carballo Thompson Salman P.A. Company Name (�:l (Corpor a Skr'etdry5 Signature of Vice Presi nt/owner T. Carballo ype/Print Name of Corporate Secy Ramon Castella Vice President Type/Print Name of President/Owner .1v1 r I t 2Aro(O (CORPORATE SEAL) Date AML City of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF a41 -- :SS r COUNTY OFRUWARJ.: ' 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 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 f Q±jU Pe- , 20 Sig re of Notary Public State of Florida at Large No" ft* - State of Fbft • IN commbdon Who JW V. M cortmb*nIDO455353 Print, Type or Stamp . .. •'' 8=W Br NaWfWNaWryAaan. 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. 8 City of Tamarac 141111 "91.210 NJITIT-ITS] AGREEMENT CHECKLIST and Contracts Division ❑ 1. Print out two (2) documents for execution by authorized signer. (usually an officer of the corporation or an agent of the company who is authorized to bind the company in contractual matters as evidenced by a Corporate Resolution). A fully executed original will be returned to you for your files. ❑ 2. Leave date on Page 1 blank. The date is entered upon City's execution. ❑ 3. Make sure the company's Corporate Secretary of record signs, dates and seals (with corporate seal, if available) in the spaces provided on the signature page. The City checks corporate information on-line via the State of Florida Division of Corporations at www.sunbiz.org. ❑ 4. Carefully review the Corporate Acknowledgement and make sure it is notarized and dated on the same day that the actual Agreement was signed. A discrepancy between the date of notarization and the agreement execution date may cause delays in processing. ❑ 5. The deadline to return executed documents for this Agreement is September 8. Return two copies of the executed documents to the attention of the Senior Procurement Specialist, 7525 NW 88th Avenue, Room 108, Tamarac Florida 33321. For telephone inquiries, contact the Purchasing Office at 954-597-3570. Email inquiries can be sent to 'imn tamarac.or or to keith tamarac.or . ❑ 6. Make sure executed documents are returned on or before the above deadline, preferably by a shipment method that allows tracking, i.e. US Postal Service Express Mail or Priority Mail with delivery confirmation, Fed Ex, UPS or DHL/Airborne. Failure to follow the above guidelines may require the City to return the documents for re-signing. C:Oocuments and SettingslTeryGlLocal SettingslTemporary Internet FilesIOLKBOGREEMENT CHECKLIST 0902081.doc 912120