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Home My WebLink AboutR-1994-047RESOLUTTON NO. 47 -94 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND ROBERT H. MILLER AND ASSOCIATES, FOR ENGINEERING SERVICES RELATED TO NW 5 AVENUE IMPROVEMENTS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain agreement between the City of Dania and Robert H. Miller and Associates, copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 2 2 n d day of March ,1994. Mayor ommrssroner ATTEST: City Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS By:4,-z c a Frank C. Adler, City Attorney ' ' lr*Lhzlti I{AR- t. -7 -9ZT THU L6ret7 ROBERT H- r.r I L[-ER & qSSO-P-@2 AGREETIENT FOR PROFESSIOIIAL SERVICES THIS AGREEMENT Eade and enterd into this - day of 1994. by and between Robert H. Miller & Associates, lnc., a Fhrida corpoftltion, 1800 North Douglas Road, #200, Pembroke Pines, Florida, hereinafter called the 'CONSULTANT', and tha City of Danh, a Florida municipal corporation, acting through ils CITY MAMGER, hereinafter called the rc[Y'. WHEREAS, the CIIY desires to engage a consulting engineedng firm to provide englneering plans and speoifications for N.W. 5th Avenue lmprovemenls. WHEREAS. ths CITY has follo.t ed and complied with the seledbn ard negotiation pfooess in accordance wfth the Florida consultants' competitive Negotiation Act of 1973 (Chapter 287.ffi5, Florida Statutes) as amended; and NOW THEREFORE, for and in consideration of B|€ premaseg, the mutual corrvenants hereinafier reCited. anct br other good, valuable and suffcient consideratiols, lhe receipt of which k hereby acknowledged, the parfies hereto agree as fiollols: ARTICLE 1. INCORPORANON OF WHEREAS The foregoing WHEREAS dauses are hereby ratified and confirmed as belng true and conecl and are hereby made a specific part of this Agreement upon ereculirn hereof. ARTICLE 2. DEF]NITIONS AND IOENTIFICATIONS 2a. THE CITY: The City of Danla, an incorporated rnunichality in the State of Florida. I'IAR-1?-1994 17: A4 EXHIBIT "A"P.A2 t"taR - 17-9zt ASSO -.THU L6ZE'E RSBERT H. ]NILLER &P. 95 CONSULTANT Robert H. Miller & Aesociates, lnc., a profussional organization, incoporeted under the laws of tie State of Florida, which is the CONSULTANT selected to perform the eervices pursuant to this Agreement, in acrardance with the Consultants' Competitive Negotietion Act, as contained in Sedion 287.055, Florida Statutes. The City Commission of the City of Dania, wlrich is lte goveming body of the CITY. CITY IITANAGER: Whenever the term CITY MANAGER is used herein it is intend€d to mean the CITY MAi{AGER of lhe City of Dania, his deputy, or his designee. lt is noted that the CITY MAMGER is the administratiue head of all departnents and divisions of the City of Dania. ln the administration of this contact as contrasted with maEers of poliry, all parties may rely upon instuctions or debrminalions made by the CITY MAMGER or hb Designee, th€ coNTRAgT ADMINI$TRATOR. ARNCLE 3. AUTHORIZATIOT{ OF WORK 3a. AB work lo be performed by the CONSULTANT under this Agrecner* shatl be authorized or in writing by the CITY ffi requated through the CITYg representative aPpointed in accordance with Artide 5b below- 3b. Subconsultards - The CONSULTANT may use subconsufiar s to perfoIm any of the services purcuant to this Agreement sublect to prior appro/al of the clTY. ARTICLE4. SCOPE OF SERVICE 2b 2c. 2d. A. GENERALSCOPEOFSERVICES coNSULrAi.lT servics shall consist of engineering. design sefvices, permit processing gnd construction monitoring to produce construction ptans and documents ior improGments to N.W. Sth Avenue. Tha NW. Sth Avenue lmprwenrents invotue the relurfaCing Of a lrvoJane roadway Secffon with the addition sf sidenaalks, curb and guter, and parement rnarkings. The CoNSULTANT will revbw dminage requiremente for tre road and provide additional drainage struc1ur6 on the plang where rcogssaty, CoNSULTANT shall also prcvide aSSigtance in the bidding procedure and monitBr onshuctioo and contractor performance. The proiec't area begins at s.w. 1st street north to the south rbtrt-of{,ay at Gnffin Road- l'6R_1?_19Er4 17; EE P. A3 l.lAR-17-94 rHaJ a5:8 8 ROfTEI?T H- avr I Li-ER & .ISSO-P-g4 B. PHASES OF ENGINEERING SERVICES Perlodlc revieuG wlll be made at approxlmatev 70% and 100% clrnpletion stages; the€e reviews will be done by representatives of CITY, af,ecied utilities and where approp.iate, permiting agencies. Phase ll, BID AND AWARD SEFIVIGES. This includes prodwthn of suficient numbeE of bH documents, atendance at Pre-Bid Meeting, eYaluation of bils receivcd and production of sufficient sats of docunrents for the successful bidder. Phase lll. CONSTRUCTION MONITORING. Th'xs indudes the review of shop drawings and obscrvation of lhe constructlon by a field representative. Subrnit progress repods and docurnents as required urder the rules of lhe Boward County Connnunity Development Division and the U.S. Departnent of Housing aM Urban Development (HUD). C. DESIGN CR]TERIAAND SIANDAROS Phrs and tecfrnical specifications produced under this Agreement stiall conform to grood engineering practce, and specifically meet the oiteria and standads listed belonr, The version in effect at the time of design shall appry. FDOT Roadway and Traffc Design Stardards FDOT Plans Preparation Manual FI'MIA Manual on Unilorm Traffic Contol Devices FDOT Standard Specfications for Road and Bn?ge Construction Bronrard County Mhimum Standards Any variatbn from these staodards shall be stated with reason and approred by the CITY. 3 mnR-1?-1994 1?: @5 P.@4 Phase l. ENGINEERING AND FI}'IAL DESIGN. This includes the preparation of c,onslruction plans and documenls sufncier* ior bidding and construction. tvraR- l7-?zl -THIJ L6 'A9 ROBERT H - ]'I I I-LER g ASSg- D. PHASE I WORK TASKS . ENGINEERING AND DES]GN PHASE Task D-l Scheduling The CONSULTANT shall provide to GITY the TIme Schedule indicating t}re times when major mileslones will be meL This Scfteduh may be amended by CONSULTANT, with the approval of the Contad Adminiskator, provided the time limit set out in the Agreement is not changed. CONSULTANT, through the Conhact Administrator, may reguest the CITY to extend the dme llmit if reviil timcs arc excc€d€d or permit applications unduly delayed or other unerpected events oocur. Task F2 - Roadway Resudacing Plans and Specfications Durirg this Phase CONSULTANT shall peilorm all engineerirg and deslgn work, the prBparation of conlract docum€fite surficient for biddang and constuction. This Phase of the Agreement includes all wo* for resurfacing, sidewalk and cilrb designing, road signing and marking, utlllty adiustments, obtainlng permiq bee removal and any other work necessary to cornplete the design, Task D-3 - Review Sbges CONSULTANT shall submit plans at approxlmately 70% and 100% comphtion stages fur review by representatives of CIIY, affected municipa[ties, utilities and, where apprppriate, permitting agencles- The 100% review stage will cover the iEms dealt wih a the 70% stage (amended as necessary) plus signing ard marking, Preliminary quantities, final resolutions of utility conficts and e6tiTlate of constudion co€ls, All revlew submittals shall be deady dated, and marked wrlh the stage they represent Task D4 - Subconsultanls CONSULTAI.IT shall be responsible for ltre coordination of its subconsultants' work' ensuring that there is no conflict between the varkrus subconsultanE, Task D-5 - Permitting CONSULTANT shalt prepare and submit apPlications for permits as required, by varirrus agencies. Permit fees, hourever, vril bc paid by the CITY. CONSULTANT shall provile tire CONTRACI ADMINISTRATOR a list of permits obtained and their expiration datcs. + tlpR=L?-tgg4 t?l P. A5 P. G5 llAR-.-17-94 ra4lJ ',5:I.4 RgBERT ii- Plrl-l-EFa lt Assu- Task D6 - other Services CONSULTANT and GONTRACT ADMINISTRATOR will jointty direct utility ou,ners to 'polhole' or otherwise determine the vertixl and horizontal location of potential utility corrflicts. CONSULTANT shall be able to prove, if asked, that the des[n ie constructibb; Maintenance of Traffc withln the scope set out by the technical specifications, shall be the responsibility of Contraclor. Task D-7 - Deliverables At each review stage CONSULTATJT shall deliver suffrcierit se{s of documenE to enable CONTRACT ADMINISTRATOR and other agencies to review the work done. The final deliverable shall be 10 compleE sels of bH document$. CONSULTANT shall aho deliver lo CONTMCT ADMINISTRATOR a set of Project Plans in a reprodudble fomat (e.9, Mylar). E PHASE II WORK TASKS - BID AND AWARD PTIASE fask E-1 - Pre-Bid Meeting CONSULTANT sha[ atend the Pre'Bid Meeting to an$1fler bchnical questions, As a resutt of discussions at this Meeting, or for any other reason, CONSULTANT shall prEparE any Addendum to the Bid Package deemed necessary by the CffY. Task E-2 - Preparation of Bid Documents CONSULTANT shall produce sutfcient copics of bid docurirenh lor dlstrlbutiofl to bidders. The reprodustion fee br thb work shall be agreed wtth CONTRACT ADMINISTMTOR in the iorm of a norrefundable fee per set to be collected by tfie CONSULTANT from eacfi potenlial bidder requesting sels of docilmenb. Task E-3 - Bid Evaluation CONSULTANT shall assist CONTRACT ADMINISTRATOR in the evaluation of bils received. This work may involve investtgatlng tfie experiene, qualifications and capabilities of the appaent lor bidderc. F. PIIASE III WORK TASKS - CONSTRUGTION MONITORING PII.ASE CONSULTANT shall review shop drawings as submitted by fie selected contactor CONSULTANT will also attend preconstructron meeting and observe construdion of the wprk, 5 mAR-1?-1994 17r @6 P. I'rAR- l7-9zr THU 16 : 1g ROBERT H - m r r-LER A. ASSO -P. q7 Task F-1 - Preconstruction Meeting CONSULTANT shall atlend the pre-.rnstruction meeting to answer technkal questions. Task F-2 - CorBtudion Monitodng CONSULTANT shall monitor construction and cofltractor performance, submit progress reports and all docr:ments as required urder the rules of the Broward County Community Development Div'sion, and the U.S. Department of Housing and Urban Development (HUD). ARTICLE 5. COVENANTS BY THE CITY DrawingB, specificationE, desk ns, models, photographs, reports, sunruys and the data providetl in connection with this Agreement are and shall remairt $e Property ot the City of Dania whether the project fo. which they ate made is completed or not Any reuse of docr.rnenls by City of Dania without writbn verificatiot or adaptaton by CONSULTANT fur the specific purpose intended will be without liability to CONSULTANT. The CITY hereby c,ovenanls and agrees: 5a. To promptly pay the fees to the CONSULTANT in the amounts and Et the tlmes specified herein. 5b. To appoint a single Epresentative, the CONTRACT,ADMINISTRATOR or a substitute in writing with respect to work lo be performed under this Agreement This representalive shall have authority b transmit instructions, receive information, inbrpret and define the CITYs policy . and decisirns pefinent to thc work covered by lhb Agreement. End of Phase I. wi[ be up to 50% of total agreement End of Phase ll,wall be upto 10o/o of lotal agreement less 1st payment" End of Fhase lll, 30% of total agleemenl less lst and 2nd payments. ARTICLE 6, OWNERSH]P OF DOCUMENTS G. METHODOFPAYMENT Task G-1 Lump Sum Compensation CITY agrees to pay CONSULTANT as compensation for performance of all services or related to above phases required under the terms of this aglcement a total lump sum of $15,000. The srnount ol the lump sum payable for each phase is limited to the arrpunts shoun below: Lump Sum Compensation: rFR-1?-1994 1?: A7 P .A? ttAR-l-7-94 TH!.J 16:11 ROEERT H- 11 rl-1-EFl & ASSO-P-@A Additional Servies: Services other than those contained in Artides 4A thru 4F, above, may be determined by $e parties lo be desirable at a fufure date. Such Additional Services sh€ll be defned as to Scopc of SErvices, Img Schedule, Deliverable Products, and Compensalion by rneans of an approved Work Authodeation urder lhis Agreement authorized and concrrred in by the parties- Task G-2 Paymertwill be made to CONSULTANT at 1800 North Douglas Road, #200 Pembroke Pines, FL 33024 ARTICLE 7. PAYMENT FOR SERVICES The CONSULTANT shall submlt to the CITY rnonthly invoice(s) detailing alt Ges and expenses. Upon approval by the CI[Y, lhe CITY agrees to cornpenEate the CONSULTANT for all eeMces authorized ard perforned in accordance with approved Work Authorizations subject to the upper limil or lump sum fee set out in eacfi woft Au0rorization. CITY shall make its best efiort lo pay CONSULTANT within 30 days of receipt of c,omplete invoices. ARTICLE 8. WAERANTIES AND ATTORNEY'S FEES The CONSULTANT wanants that ib service6 are to be performed within the limits prescribed by the CITY with lhe usual lhoroughness ard competenc€ of the Enginearing Profussion. No othEr warranty or representation either expressed or lmplied, is includad or antcndcd utder lhe ternB of thls Agrccrnent. ln the event it becomes necessary for either party herein to s4k hgal rneans to enforce the terms ql the Agreenrent the prevailing party shall be entided to its reasonable attomey Ges ard court costs, at both the tial and appelhte levels. ARTICLE 9. INDEMNIFICATION The coNSULfANT shall, at atl times hereafler, intbmnifo and hold harmless the CITY, its agents, senanls and employees from and against any claim, demand or caulie of action arising sut of negligent ac't. eror or omis6k2n of CONSULTANT, its agents, servanE, or cmployees in the performance of serulces under this Agreement. 7 I'FR-1?-1994 17r AE P. AA ],IAR- I 7_94 TPIU 16 : 1 t. ROBERT H. ]"t I LLEFI & ASSO -P-A9 ARTICLE,I(l. INSURANCE The CONSULTANT sha[ provide and maintain in force at all times during the Agreement wilh the CITY, such insurance, induding Workers' Compensation and Employe/s Liability lnsurance, Comprehensive General Liability lnsurance, Automobite Liability lnsurance and Professaonal Liability lruUrance as will assure to the CITY lhe protec'tion contained in the foregoing indemnifrcation undertaken by the CONSULTANT. lOa. Warkersr Compensation Statutory limits with t100,000 Employers Liability. 10b. Commercial Gencral Liability lnsurance with limits of no less than $1,O0O,OOO.O0. Botlily iniury shall indude operations and prembes liability, prcducts and completed operations, owners and contractors protecnive liability and personal injury fability. 10c. Business Auto Liability coverEge is tLo include bodily injury and property damage arising out of operatbn, maintenance or use of any auto, including owned, non-owned, and hired automobiles and employea non- oflnership use with limils of not less than $500.000.00. l0d. A Certificatc of Inzurance acceptance to *re CITY shall be provlded listing the above coverages and prouding wriften notice to the CITY of Dania in the case of cancellation' 10e. Professionel Liability lnsurance limits of liability provided by sucft policy shall be no less lhan one Million Dollars ($1'000,000.00) to assurc thr C|TYthe indemnification specifcd in Article 9. ARTICLE 11. OPINIONS OF COST Slnce the CONSULTANT has no conlml over the cost of laboc materials equlpment or services fumbhed by othcls, or over the Conbacto(s| ncthods of determining prices, or over competitive bidding or market conditions, his ophions of probable Prclied cost and constructim cost Provid€d fof herein arc lo be made on the basiJ d his experience and quamcatior* and repres€nt his bcat judgment as an expefienced and qualified profussional engineer. familiar with ihe construaion induety btrt thc CONSULTANT oannot ard dos not guaEntee thet propoeals, bids or actral Project or constructbn cost will not vary from opinions of probabte cost prepared by him. lf Prbr to the Blddlng Phase, the crrY wistres greaier asgurance as lo Proiect or construc'tion cet it shall ernploy, or authorize the CONSULTANT b employ, an independent cost estirator. o I'fF-L?-L9EA| LT\OE P. B9 FtaR- r'7-94 THa)L6, 12 FIOBERl- l.l - I'l I r-LEFr & HSSO -P- ta ARTICLE 1 2. TRUTH.IN-NEGOTI,ATION CERTIFICATE SignatureofthisAgreernentbytheCONSULTANTshallat,tssth€exeqJtionof a tMtFan-nelotiarrn Lnin."G sta$ng lhat wagc ratea and other fastual unit c*t" srpporttrg tt" *rp"n."tion of tni" ngr""t"nt are accurate' comphte' ana currcnt at-ttre time 'of contraaing. The original contrac{ price and any additiops thereto snan be adjusted to eielude any significant sums by which the Ctry OAetmines the oontrac-t price was increased due to inaccurate' incomplete. o, *n*uir"ttt'*age iates. and ottrer fadual unit costs' At such contract aajustments stratt be inade within one ('l) year follovring the end of eactr authortsed service' ARNCLE t3. NOTICES \Mtenever either party desires to give notic€ u-nto the other' it must be given by written notice, s€il'bt registerEa Unitect States mail' with relum receipt requected, addressed io UE party fur *lo"t i! is lntended' at he place last "-f,En"o i, uV tcsimile transfLr with conformation Otereof' Ttre phce for giving sf no6ce sfratl rernain suctr until it shalt have been changed by writlel noticc in .orpii"*e with the provrs'rcns of tris paragraph' For the presen! thc parties O"ilg""t" tE f"llowing as tfre respective place for giving of notice' to-wit For GONSULTANT: l/Vith Copies To: City of Dania Attention: Director of Community Derrelogrrent 100 Weet tlania Beach Boulevard Dania, FL 33004 City Atomey Attn: Frank C. Adler 100 West Dania Beach Boulevatd Dania, FL 33004 9 IGR-1?-1994 1?: Etg P.LA For CITY: Robert H. Mlller & Associates, lnc. Attention: Robert H. Miller, P'E. 1EOO Nodh Doughs Road, #200 Pembroke Pines, FL 33024 rTAR..,- 1 -7-94 THU T.6 : A 5 ROBER-T H. l"T I I-LER & ASScl -P- ,. I ARTICLE 14. MISCELLANEOUS 14a. Law Govemino: This Agreement shall be govemed by and conslrued in accordancc with the laws of the State of Florida' l4b.severability:lfanyportionsofthisAgreementshallbeheldinvalidor unenforceible, suttr invalidity or unenfurccability shall not afiect any otherprov.cionehereof.andthisAgreementshallbeconstruedand enforced as if such provkbns had not been included' ,l4c.ErrtireAgreementThisAgreemerrt,indudingaltexhibitsandwork authorizations which are refdned fo herein, is the entire understanding of the parties hereto with respect to this Agreenr,ent and subsequent ltorl( authorizations. Said Agreement rnay not be modified' amended or terminatedbyeitherpartyexceptuywritteninstrurnentexedjtedbyboth parties or trlir tawtrt representatives, -succ€sso's, or asgigns' No oral iepresentations made by the coNsuLTANf or its employees or ag€nts shallbebindingontlecoNsuLTANTunless$uchlepresentationsare redued to wtitlng. ARTICLE 15. TERMI]{ATION TheobligationtoprovidefurtherservicesunderthisAgreementmaybe terminated by either pao upon 30 calendar days' written notice by eitircr party. ln the eveni of arry termination, CONSULTANT wilt be paid for all services rendered to the date of termination, all reimbursable expenses' It 15 further agreed in the event no work is authorized by Ere clTY for a period of twelve insec,tlve months, this Agreement should be consldered terminated. fnR-17-19 1?:14 l0 P. 11 rttAR- 1?-94 -r!au 16;14 ROBERT H- ]jlIl-l-EFa & a€;s;o-? - t2 lN wlTNESs IITHEREOF, the parties hereto have affixed their hands and seals the day and )rear fltst above written- Robert & Associates, lnq H. Miller, P.E., President (seal) CffY OF DANIA. a Muniq?al corporation of the State of FloriJa By: Bobble Grace, MaYor By: Robert F. Flatley, CitY Manager ATTEST: Wanda Mullikin, CitY CIed< APPROVED AS TO FORM: Frank C. Adler, CityAttromey 4Pdanla.3l0 By tlAR-1?-1994 17r 18 u P.t2 Date: =..-.-.- FtaR- t 7-94 rHaJ 16 : 14 ROEERT H - l't r r-LEFa g A=;SO - IBIT 1 {99d HOURLY RATE SCHEDULE FOR PERSONhIEL TITLE HOURIJ,BAIE Senior Principal $14o Prinoipal $120 Senior Environrnental Project Manager $110 Senior Project Manager $10o senior Planner $ 90 Project Manager $ 80 Projest Engineet $ 6t Engineeting Assistant $ 50 Senior CAD Technhian (dcornputer) $ 65 CAD Tecfinician (w/comPubr) $ 50 Drafier $ 35 Biologist $ 60 Environnrental Technician t 55 Fielct Representatfue $ 55 Administrati,e $ 35 P.13 I'IFR-1?-1994 1?:11 t2 P.13 lnaR-l-7-94 'tHtJ ,.,6: r. z1 ROBERT H- rtll-L-EF! ExHrBlr_F" ofltERqHARCES A. Govemment leview and processing bes- B. Reproductions (For Permit Submittals) 1. BluepdntirE -2. Mylars - Delivery and courier seryices - (For Pemit Submittals) Sketches and descriptions for fum lane easements NoTE: These rates are subject to change after January 1' '1995 l/94 4P.rrnirJlO & flsSiC' -P - l.+ 1 c. D. g6el+,t0% $1.2s/sheet $7.00/sheet Cost + 10% $275 each mnR-1?-1994 1?:11 ,l P.14 {n I { I (o(oA :.1 N PROPOSALNO. 1363 RESPONSIBILITY CHART . EXHIBIT'CI City ofllania IMPROVEMI NTS TO N.W. slh AVENUE .,1I I I( + ; c 0 U x ctr I I 3 tr T T [] T D a 0 o ) NOTA}PLICABLE ) T UI ITEM CONS1JLTANT MILLER/I,.EGG CITYOF DANIA I. SOIL SURVEYS.2:.msuRvEYS x_3;-TEilAIS x7:-MAm NCEMAFS x s:-ffim5rs[rMTtPs x Z. - RIEET-OF:WAY DESCRIPIIONS x 7. RIGITTOF.W YDOCS(DEEDS)x x& lrrLEsEARcH9. AFPEAISALS x IO. PARCBL SXETCHES x FPUBLICMESrINcs x MASTCN.x l3. DR^[NA6E MAP xI{ DM TNA0EEESION x-r5. GEoffiEstcN I6Io^DWAYEINS x I?. STRUCTURES &x ]f,-mtmEroSfif{ENTPf,AN x-r9. stcifiNc?PLAN x-16.-SI6NALTZATIoN PLCN x ,. MATNTSNANCE OF TRAFFIC 22. rNmffiis x 23. LIGiIrN-TLANS x 24. LAND$CAPE PLA S x 2' IRNTGATION PIANS x-L-cRoss sEmloNs x 2?. PSRMT SKETCHES x zr. Tffi n REsPo-NsrBt Lrfl Es x 29. SFECIFICATIONS x ,0. COST ESTIMATE x-rI.ffimcrnffirs x X2. BIDDING x-r-di.xsTnItqroN MoNlroiJNo xf UI