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
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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.
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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
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MAYOR SCHREIBER
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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 .
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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.
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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.
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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
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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.
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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
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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.
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ti$ fY. ��*'Commission # CC 737192
Expires JUN. 6, 2002
THRU
ATLAN-nnC BONDING CO., INC.
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(type of identification) as identification and did (did not)
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Signature of Notary Public — State of
Florida
Print, Type or Stamp Name of Notary
Public