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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-153May 24, 2000 - Temp. Reso. #9030 1 Revision No. 1 - June 1, 2000 Revision No. 2 - June 5, 2000 Revision No. 3 - June 6, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- I S3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HBI PLANNING SERVICES, INC. FOR THE PREPARATION AND COMPLETION OF TRANSPORTATION CORRIDOR PLANS FOR SEGMENTS OF UNIVERSITY DRIVE AND COMMERCIAL BOULEVARD IN ACCORDANCE WITH LOI 00-11 L TAMARAC TRANSPORTATION CORRIDOR PLANS PROJECT; CASE NO. 15-MI- 00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 11 WHEREAS, the City of Tamarac, Florida, pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and in accordance with all its terms and provisions, has prepared and adopted a comprehensive plan which has been submitted to and reviewed by the South Florida Regional Planning Council (SFRPC) and the State Department of Community Affairs (DCA); and WHEREAS, Policy 1.6 of the future Land Use Element of the City's Comprehensive Plan states that the City will continue to promote "quality development" through establishment of design criteria and development standards which promote the highest standards of urban development and community aesthetics; and WHEREAS, the City of Tamarac desires to create higher quality of development standards to preserve the existing businesses located in the area and attract new May 24, 2000 - Temp. Reso. #9030 2 Revision No. 1 - June 1, 2000 Revision No. 2 - June 5, 2000 Revision No. 3 - June 6, 2000 businesses to the area; and WHEREAS, the City of Tamarac desires to increase the City's Tax base through the attraction of new businesses to the City of Tamarac; and WHEREAS, University Drive and Commercial Boulevard are two (2) major Transportation Corridors within the City of Tamarac; and WHEREAS, the City of Tamarac published LOI 00-11 L for the preparation and completion of Transportation Corridor Plans for segments of University Drive and Commercial Boulevard on January 9, 2000 and January 16, 2000; and WHEREAS, six (6) proposals were submitted, reviewed by an Evaluation Committee based on knowledge, experience, and responsiveness, which resulted in the following short list; and 1. HBI Planning Services, Inc. 2. Rhon Ernest -Jones Consulting Engineers, Inc. 3. Keith & Schnars, P.A. WHEREAS, upon serious review and consideration the Evaluation Committee determined HBI Planning Services, Inc. to be the most responsible and responsive proposer; and WHEREAS, the City of Tamarac has negotiated an agreement with HBI Planning Services, Inc. for a sum not to exceed Forty-nine Thousand Four -Hundred and Fifty Dollars ($49,450.00); and WHEREAS, available funds exist in the General Fund (Community Development 1 May 24, 2000 - Temp. Reso. #9030 3 Revision No. 1 — June 1, 2000 Revision No. 2 — June 5, 2000 Revision No. 3 — June 6, 2000 Planning and Zoning Division Land Development Services Account #31-14) for said purpose; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager that the LOI 00-11 L be awarded to and an agreement executed with HBI Planning Services, Inc.; and WHEREAS, the City Commission of the City of Tamarac wishes to complete the Transportation Corridor Plans for segments of University Drive and Commercial Boulevard in accordance with L01 00-1 1 L Tamarac Transportation Corridor Plans Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an agreement with HBI Consulting Services, Inc. for the preparation and completion of Transportation Corridor Plans for segments of University Drive and Commercial Boulevard in accordance with LOI 00-11 L Tamarac Transportation Corridor Plans 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. 1 C 1 May 24, 2000 - Temp. Reso. #9030 4 Revision No. 1 -- June 1, 2000 Revision No. 2 - June 5, 2000 Revision No. 3 - June 6, 2000 SECTION 2: That the Letter of Interest (LOI 00-11 L) be awarded to HBI Planning Services, Inc. and the Mayor and the City Manager, or his designee, are hereby authorized to execute the Agreement between the City of Tamarac and HBI Planning Services, Inc. for preparation and completion of Transportation Corridor Plans for segments of University Drive and Commercial Boulevard in accordance with LOI 00-11 L Tamarac Transportation Corridor Plans Project (attached hereto as Exhibit "1 ") for a cost not to exceed Forty -Nine Thousand Four -Hundred and Fifty Dollars ($49,450.00). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. May 24, 2000 - Temp. Reso. #9030 5 Revision No. 1 - June 1, 2000 Revision No. 2 --- June 5, 2000 Revision No. 3 - June 6, 2000 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �� day of - i. x-�__.-. , 2000. JOE SCHREIBER MAYOR ATTEST: MARION SWE SON, CIVIC INTERIM CITY CLERK Y'RTIFY that I I HP RECORD OF COMMISSION VOTE ' e ap r ed "s MAYOR SCHREIBER SOL a to DIST 1: COMM. PARTNER DIST 2: COMM. MISHKIN�..;rx M CHELL S. KRAF DIST 3: COMM. SULTANOF �- CITY ATTORNEY DIST 4: VIM ROBERTS �w commdev\u: \pats\use rd ata\wpd ata\res\9030reso 1 EXHIBIT 111" TEMP RESO #9030 AGREEMENT BETWEEN THE CITY OF TAMARAC HBI PLANNING SERVICES, INC. THIS AGREEMENT is made and entered into this day of , 20176 by and between the City of Tamarac, a municipal corporation with principal ices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and HBI Planning Services, Inc., a Florida corporation with principal offices located at 1191 US Highway One, Suite 201, North Palm Beach, Florida 33408 (the "Contractor") to prepare, review and design a Transportation Corridor Plans for two (2) major arterial segments of University Drive and Commercial Boulevard in the City of Tamarac. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to prepare, review and design a Transportation Corridor Plans for two (2) major arterial segments of University Drive and Commercial Boulevard in the City of Tamarac. b) CONTRACTOR shall prepare, review and design a Transportation Corridor Plan as outlined in the City of Tamarac's Request for Letters of Interest LOI 00-11 L and the CONTRACTOR agrees to perform the services described in Exhibit A attached hereto and incorporated herein as if set forth in full . 1 • • c) CONTRACTOR 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 CONTRACTOR, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than fifteen (15) days after the date that Contractor receives Purchase Order. The work shall be substantially completed no later than November 15, 2000. 5) Contract Sum The Contract Sum for the above work is Forty Nine Thousand, Four Hundred and Fifty Dollars and no cents ($49,450.00) . The Contract sum is determined by the cost of labor and materials for the preparation, review and design of Transportation Corridor Plans for two (2) major arterial segments of University Drive and Commercial Boulevard in the City of Tamarac. 2 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the CONTRACTOR 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. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty CONTRACTOR warrants that all specifications, documents, or drawings prepared by CONTRACTOR, or on CONTRACTOR'S behalf, are accurate, capable of being implemented and may be relied upon by any Contractor retained by the CITY. 9) Indemnification The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the CITY or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. 3 The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12) Assignment and Subcontracting Contractor 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. 0 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. \1 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Henry B. Iler, AICP Principal HBI Planning Services, Inc. 11911 US Highway One, Suite 201 North Palm Beach, FL 33408 4 0 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY should the CONTRACTOR 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 CONTRACTOR of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentation evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement. 1 S) 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 nonenforcement 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. 5 19) Merger; Amendment This Agreement constitutes the entire Agreement between the CONTRACTOR 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 CONTRACTOR and the CITY. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and HBI Planning Services, Inc., signing by and through its Principal duly authorized to execute same. ATTEST: Marion Swenson, CIVIC Interim City Clerk Date: LA ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CI OF TAM, RAC 4,90,Schreiber, Mayor Date: - a - Bb Jeffr ler, City Manager arl Date: - 0 `" � pr*e j 4s to form and legal S Mito ell Draft, City A (NAME OF COMPANY) (Name of resident) Z&61 )5. -j5c rx Type/Print ame of President Date: d o 4 6 • CORPORATE ACKNOWLEDGEMENT v � STATE OF r COUNTY OF The foregoing instrument was acknowledged before me this day of 2Q�6_by. /�, (name of officer or agent, title of officer or agent) of C '57T a-C-2 (name of corporation acknowledging), a 4(state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me take an oath. • a�tieR PV' Edith Pap p ti$ fY. ��*'Commission # CC 737192 Expires JUN. 6, 2002 THRU ATLAN-nnC BONDING CO., INC. LJ (type of identification) as identification and did (did not) 7 4�4z �-' 2� Signature of Notary Public — State of Florida Print, Type or Stamp Name of Notary Public