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HomeMy WebLinkAboutR-2021-035 Chen Moore and Associates Engineering Services for SW 34 Terrace Drainage Improvement ProjectRESOLUTION NO.2021-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS BY THE PUBLIC SERVICES DEPARTMENT FOR PROFESSIONAL ENGINEERING SERVICES TO BE PURCHASED FROM CHEN MOORE AND ASSOCIATES FOR DESIGN, BIDDING ASSISTANCE AND CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($127,280.00) FOR THE SOUTHWEST 34h TERRACE DRAINAGE IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertising for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold at Twenty -Five Thousand Dollars ($25,000.00) for a vendor each fiscal year; and WHEREAS, Chen Moore and Associates (CMA) was chosen as one of fifteen firms approved as an engineering consultant for continuing contract services by the City Commission on January 26, 2021 under RFQ No. 20-005 pursuant to Resolution No. 2021-007: and WHEREAS, the City has determined that the SW 34th Terrace area is in need of drainage improvements and the Public Services Department Director has determined that CMA is best able to provide professional engineering services to design the needed drainage improvements; and WHEREAS, CMA has provided the Public Services Department a proposal for professional planning, design, bid assistance, and construction management services for the SW 30' Terrace Drainage Improvements at the cost of $127,280.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the purchases of professional engineering and planning services from CMA in the amount of One Hundred Twenty -Seven Thousand Two Hundred Eighty Dollars ($127,280.00) to design the SW 34th Court Drainage Improvement Project and that funds are available in the Stormwater Capital Projects Account No. 403-38-31-538-63-10. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall become effective upon its passage and adoption. PASSED and ADOPTED on March 23, 2021. ATTEST: (_ v y THOMAS SCHNEIDER, CMC CITY CLERK HE� APPROVED AS TOIFORM AND CORRECTNESS: r� _� THOM S J. CITY ATTC 4JA"L -J f Y) TAMARA JA S MAYOR 2 RESOLUTION #2021-035 f chen moore and associates February 2, 2021 City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 ATTN: Dincer Ozaydin Subject: SW 34tb Terrace Stormwater Improvements Scope of Services for Professional Planning and Design Services Dear Mr. Ozaydin: Chen Moore and Associates (CMA) is pleased to submit the attached Agreement for Professional Services and Scope of Services to provide professional services on the SW 340' Terrace Stormwater Improvements. CMA will provide site investigation, engineering design services, regulatory permitting, bidding assistance and construction engineering services for this stormwater improvement project. PROJECT INTRODUCTION The general boundaries of the project area is along SW 34th Terrace from Griffin Road north to the end of the roadway, displayed in Figure 1 — Location Map. The neighborhood is composed of residential single-family homes with limited existing drainage infrastructure that discharge to the Dania Cut-off Canal via two existing outfalls. Portions of the roadway are low lying and are not interconnected to the existing drainage system. City has received resident complaints of flooding along this roadway. CMA will prepare construction documents for recommended improvements for this SW 34t" Terrace, which is displayed in Figure 2 — Recommended Improvements. CMA will proceed with the detailed design, regulatory permitting, bidding assistance and construction engineering services for the recommended stormwater improvements according to the scope of services outlined within the following sections. SCOPE OF SERVICES Task 1: Site Investigation Task Task 1.1 Tonoaranhic Surve CMA shall retain a licensed surveyor to complete the topographic survey of the project limits within SW 34 b Terrace Stormwater Improvements. The surveyor will be responsible for providing the topographic survey of the project limits in PDF and CAD formats along with any signed and sealed surveys required during the permitting process. CMA shall coordinate directly with the surveyor to ensure all appropriate data is gathered during the completion of the topographic survey. CMA shall review topographic data upon completion of the survey and provide any comments to the surveyor if necessary. CMA shall update the CAD settings of the topographic survey as necessary and incorporate survey information into the base plans for the project. CMA shall complete this task within 30 calendar days from the issuance of the Notice to Proceed by the City. All work under this task will be billed on a lump sum basis. Task 1.2 Subsurface Utility Verification CMA shall retain a subsurface utility engineering consultant to conduct up to 10 utility testholes to confirm the location of any existing underground utilities within the project limits. The completion of utility testholes will be necessary to avoid conflicts between the proposed underground improvements and any existing underground utility infrastructure within the public right of way. CMA shall review the utility testhole report upon completion and provide any comments to the subsurface utility engineering consultant if necessary. CMA shall incorporate the existing underground utilities into the base plans for the project based on the information included within the utility testhole reports. CMA shall complete this task within 30 calendar days from the issuance of the Notice to Proceed by the City. All work under this task will be billed on a lump sum basis. Task 1.3 Geotechnical Investigation CMA shall retain a geotechnical engineering firm to acquire the relevant soils information required to estimate subsurface soil conditions, soil infiltration rates, and soil permeability, which is necessary to properly design the proposed improvements within SW 34t' Terrace Stormwater Improvements. This task includes the completion of two Standard Penetration Test (SPT) soil borings to verify the subsurface soil conditions within SW 34`h Terrace Stormwater Improvements. CMA shall complete this task within 30 calendar days from the issuance of the Notice to Proceed by the City. All work under this task will be billed on a lump sum basis. Task 1.4 Document Research/Review CMA shall review all available topographic surveys, atlases, design drawings, record drawings, shop drawings, permit documents, reports and/or master plans relevant to the SW 34 h Terrace project limits. CMA will use this information to determine and verify the configuration of existing conditions along with any limitations on the proposed improvements. CMA will also review all plat maps for the project areas to confirm the presence of any utility easements. CMA shall contact the Sunshine State One Call Service to determine the existing utilities which are located in the project area. As necessary, CMA will coordinate directly with all utility providers with existing infrastructure within the project area to obtain any available system maps. CMA shall incorporate the approximate location of all existing underground utilities into the design plans based on any available drawings. CMA shall complete this task within 30 calendar days from the issuance of the Notice to Proceed by the City. All work under this task will be billed on a lump sum basis. Task 1.5 Project Site Visits CMA shall perform necessary site visits to the project area to verify the impact of the existing conditions on the configuration of the proposed improvements. CMA shall walk the entire site within the SW 34 h Terrace project limits and obtain photographs of all potential obstructions and encroachments that may impact the proposed improvements. CMA will conduct site visits to confirm the accuracy of the topographic survey and to identify any potential impacts on the proposed improvements. As necessary, CMA shall conduct site visits throughout the design process to confirm and inspect the existing conditions from the issuance of Notice to Proceed by the City until the completion of the 100% Design Submittal. All work under this task will be billed on a lump sum basis. Task 2: 60% Design Submittal Task CMA will prepare and submit 60% design project documents for SW 34 h Terrace Stormwater Improvements to the City for review and approval. All work under this task will be billed on a lump sum basis. The project documents for this task shall include the following items: • Design Plans — CMA will prepare 60% design drawings, which will consist of the existing condition plans, stormwater plans (plan view only), paving and grading plans, pavement markings and signage plans and any relevant detail drawings. • Cost Estimate — CMA will prepare a preliminary cost estimate of the probable construction costs which will reflect the proposed work included within the 60% Design Submittal. In addition to plan development, CMA shall develop an updated ICPR4 stormwater model to conduct a more detailed analysis of the project area. CMA will subdivide the project area into multiple drainage basins to allow for the more detailed analysis of the project area. CMA will tabulate the model parameters of the relevant nodes and links within the stormwater model to reflect the basin boundaries within the project area. CMA will run the updated stormwater model to obtain peak flood stages, flood durations, and peak discharges for the existing conditions within the project area. CMA will also use the stormwater model to assess the effectiveness of the potential system improvement. CMA will utilize this stormwater model during the permitting phase of the project. CMA shall be responsible for all civil engineering design services necessary to prepare the 60% Design Submittal. CMA shall be responsible for the preparation of existing conditions plans, stormwater plans, paving and grading plans, and pavement markings and signage plans within the 60% Design Submittal. CMA shall submit 60% design plans to the City for review within 30 calendar days from the completion of Task 1 — Site Investigation. Task 3: 90% Design Submittal Task CMA will prepare and submit 90% design project documents for SW 34 h Terrace Stormwater Improvements to the City for review and approval. All work under this task will be billed on a lump sum basis. The project documents for this task shall include the following items: Design Plans — CMA will prepare these 90% design drawings, which will consist of the existing condition plans, stormwater plans, paving and grading plans, pavement markings and signage plans, landscape restoration and any relevant detail drawings. Technical Specifications — CMA will prepare technical specifications for the proposed work included within the 90% Design Submittal. Cost Estimate — CMA will prepare a cost estimate of the probable construction costs which will reflect the proposed work included within the 90% Design Submittal. CMA shall be responsible for all civil engineering design services necessary to prepare the 90% Design Submittal. CMA shall be responsible for the preparation of existing conditions plans, stormwater plans, paving and grading plans, and pavement markings and signage plans within the 90% Design Submittal. CMA shall submit 90% design plans to the City for review within 30 calendar days upon the receipt of the City review comments on the 60% Design Submittal. Task 4: Regulatory Permitting Task CMA will obtain, review, and complete permit applications and will prepare backup documentation required by the regulatory permitting agencies. CMA will be responsible for coordination with all regulatory agencies during the permitting process. Upon the receipt of City review comments on the 90% Design Submittal, CMA will send the application forms to the City for signature along with requesting check(s) for all permit and application fees. CMA shall submit all required permit applications to the relevant regulatory agencies. The regulatory agencies typically complete their initial review within 30 calendar days after the permit submittal. Upon obtaining review comments from the regulatory agencies, CMA will revise applications, plans, and technical specifications as per comments from these regulatory agencies and re -submit to the regulatory agencies for permit approval. The permit approvals can be expected within 60 days of submittal to the regulatory agencies. All required permit approvals must be obtained from the regulatory agencies prior to submitting the 100% Design Submittal to the City. All work under this task will be billed on a lump sum basis. CMA shall obtain the relevant surface water permits required for the proposed stormwater improvements within the project area. CMA shall submit permit application packages to the South Florida Water Management District (SFWMD) for an Environmental Resource Permit and to Broward County Environmental Protection and Growth Management (BCEPGM) for a Surface Water License as necessary. CMA shall also coordinate with Broward County Traffic Engineering Division for pavement marking and signage approval and SFWMD/BCEPGM for water use dewatering approval. CMA shall also coordinate with BC EPGM for any associated impacts to the existing trees. CMA shall update the stormwater plans based on any review comments received during the permitting process. Task 5: 100% Design Submittal Task CMA will prepare and submit 100% design documents for SW 346 Terrace Stormwater Improvements to the City for review and approval. All work under this task will be billed on a lump sum basis. The project documents for this task shall include the following items: • Design Plans — CMA will prepare these final design drawings, which will consist of the existing condition plans, stormwater plans, paving and grading plans, pavement markings and signage plans, landscape restoration and any relevant detail drawings. • Technical Specifications — CMA will prepare the final technical specifications, which will include each discipline of the proposed work defined within the 100% Design Submittal. • Cost Estimate — CMA will prepare a final cost estimate of the probable construction costs, which will reflect the proposed work defined within the 100% Design Submittal. • Bid Schedule — CMA will prepare a final bid schedule, which will include all line items for the proposed work defined within the 100% Design Submittal. CMA shall be responsible for all civil engineering design services necessary to prepare the 100% Design Submittal. CMA shall be responsible for the preparation of existing conditions plans, stormwater plans, paving and grading plans, and pavement markings and signage plans within the 100% Design Submittal. CMA shall submit 100% design plans to the City for incorporation into the bidding documents within 30 calendar days from the receipt of all permit approvals. Task 6: Bidding Assistance CMA will assist the City with the preparation of the bid advertisement and bid documents for SW 34t' Terrace Stormwater Improvements. CMA will attend the Pre -Bid Meeting and will answer all questions and clarifications from potential bidders that are technical in nature. CMA will respond to all written questions requesting clarification of the technical documents for this project. The City shall be responsible for bid advertisement, distribution of bid documents to interested bidders, processing all bid submittals, and verification that each bid submittal meets all Purchasing related requirements. CMA shall complete this task according to the schedule defined by the City for the bidding process. CMA will review the final bid results and make a recommendation for bid award. CMA shall evaluate the qualifications and prior project performance of the low bidder. CMA shall prepare and submit a bid recommendation letter to the City. CMA shall complete this task according to the schedule defined by the City for the bidding process. Task 7: Construction Engineering Services Task 7.1 Shop Drawing Review CMA will review all shop drawings submitted by the contractor prior to commencement of construction. CMA shall review and respond to each shop drawings within 5 work days of the submittal by the contractor. Upon review of each shop drawing, CMA will submit the shop drawings to City staff for their review and approval. CMA shall complete this task according to the schedule established for the contractor. All work under this task will be billed on a hourly not to exceed basis. Task 7.2 Construction Meeting Attendance CMA will attend one preconstruction meeting and up to 10 construction progress meetings with the contractor, City staff, and other project stakeholders over the construction duration. CMA will attend a walk-through inspection meeting to prepare a punch list at the substantial completion stage. CMA will attend a final inspection meeting to review the punch list for completion prior to final acceptance of the project. CMA shall complete this task according to the schedule established for the contractor. All work under this task will be billed on a hourly not to exceed basis. Task 7.3 Respond to Reauests for Information CMA will review and respond to Requests For Information (RFI) from the contractor during construction operations. CMA shall review and respond to each RFI within 3 work days of the submittal by the contractor. As necessary, CMA shall prepare any documentation required to clarify issues included within a RFI from the contractor. CMA will review all pay applications from the contractor to verify the accuracy of their progress. CMA shall complete this task according to the schedule established for the contractor. All work under this task will be billed on a hourly not to exceed basis. Task 7.4 Construction Inspections CMA shall assist the City with the inspection of the project implementation during construction operations. CMA will be available to conduct site inspections of the work during construction operations throughout the construction duration. Construction inspection services defined within this task were estimated based on a construction inspector on -site approximately 200 total hours, estimated to 10 hours per week times 20 weeks for the project. The fees for this task will be paid on an hourly not to exceed basis. Task 7.5 Certification and Contract Closeout CMA shall assist the CITY with the closeout of the contractor's contract. CMA shall review and approve all final documents submitted by the contractor, which will include the project as -built drawings. CMA shall update the Stormwater GIS Atlas based on the as -built drawings for the proposed stormwater improvements constructed under this project. CMA shall submit project certifications to the relevant regulatory agencies per permit requirements. CMA shall submit a project certification letter to the City upon the final acceptance of the project. All work under this task will be billed on a hourly not to exceed basis. Task 8: Reimbursable Expenses Task 8.1 Document Reproduction CMA shall provide all document reproduction required for each project deliverable to the City and regulatory agencies as defined within the scope. All printing costs for deliverable will be reimbursed by the City at cost. Task 9: Miscellaneous Services Task 9.1 Additional Services Additional services as requested by the City outside of the items defined within scope above, including but not limited to additional engineering services, geotechnical services, environmental services, permitting and construction services. All work under this task will be billed on a hourly not to exceed basis. DELIVERABLES CMA will provide the following deliverables at each submittal: Design Plans: • 3 half size sets (11 "xl 7") at each submittal • 1 digital copy (CAD format) at each submittal • 1 digital copy (PDF format) at each submittal Technical Specifications: • 1 hard copy at each submittal • 1 digital copy (PDF format) at each phase submittal SCOPE ASSUMPTIONS • The City will provide all available topographic surveys, atlases, design drawings, record drawings, shop drawings, permit documents, reports and/or master plans relevant to the project area. • This scope does not include any services required for easement or right-of-way acquisitions. • The City shall provide all required permit fees. • The selected contractor will be responsible for obtaining any City Building Permit required for this project along with all related coordination and preparation of any backup documentation required for the City Building Permit. CMA will only be responsible for any revisions to the design plans required by the City of Dania Beach Building Department. • The City will provide timely responses to information included within each submittal. • The City shall be responsible for bid advertisement, distribution of bid documents to interested bidders, processing all bid submittals, and verification that each bid submittal meets all Purchasing related requirements. • CMA will submit monthly invoices, which will be payable by Client within 30 days. • The City will reimburse CMA for any document reproduction costs for all submittals to Client and to regulatory agencies. Reimbursable expenses for mileage for any site visits have been included in the lump sum fees. Additional reimbursable expenses requested by the City outside of the items defined within scope, such as additional land surveying, geotechnical testing, utility testholes, laboratory testing, permit fees, additional document reproduction, or express delivery of documents, shall be invoiced at cost as defined in our contract agreement with the City. Any additional engineering services from CMA requested by the City outside of the items defined within scope will be billed at hourly rates according the attached Rate Schedule. PROJECT SCHEDULE CMA shall start work immediately upon receipt of Notice to Proceed and official authorization from the City of Dania Beach. Task Task Description Duration 1 Site Investigation 30 days 2 60% Design Submittal 30 days 3 90% Design Submittal 30 days 4 Regulatory Permitting 60 days 5 100% Design Submittal 30 days 6 Bidding Assistance N/A 7 Construction Engineering Services N/A 8 Reimbursable Expenses N/A 9 Miscellaneous Services N/A PROJECT FEES CMA has prepared this proposal for the professional services necessary to accomplish this scope of services on this project. The total fees for this project are $127,280, which are summarized within the table below: Task Task Description Lump Sum Fees Hourly NTE Fees 1 Site Investigation $26,510 N/A 2 60% Design Submittal $18,080 N/A 3 90% Design Submittal $12,010 N/A 4 Regulatory Permitting $6,950 N/A 5 100% Design Submittal $5,480 N/A 6 Bidding Assistance $3,560 N/A 7 Construction Engineering Services N/A $44,190 8 Reimbursable Expenses $500 N/A 9 Miscellaneous Services N/A $10,000 Total: $73,090 $54,190 Should you have any questions, please do not hesitate to contact me at my office at (954) 730-0707 — Extension 1030 or on my cell phone at (954) 818-5804 or send me an electronic message at jsmith ,chenmoore.com Respectfully submitted, �y CHEN MOORE AND ASSOCIATES Jennifer Smith, PE Senior Engineer EXHIBIT A GENERAL CONDITIONS/PROVISIONS These general conditions are attached and made part of proposals and Agreements for services rendered by Chen Moore and Associates (CMA), the Consultant. 1.0 Standard of Care Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care and skill exercised by members of the same profession under similar current circumstances. The Consultant cannot and does not warrant or guarantee that the Client's project will comply with all interpretations of the Americans with Disabilities Act (ADA) requirements. 2.0 Basic Services Consultant shall provide the mutually agreed -upon services outlined in this Agreement. Any services not specifically outlined in this Agreement are specifically excluded from the scope of Consultant's services. Consultant assumes no responsibility to perform any services not specifically addressed in the Agreement. 3.0 Additional Services If mutually agreed to in writing by the parties, in advance, Consultant will provide additional services, which shall be documented and appended hereto. Additional services are not included as part of the basic scope of services and shall be paid for by Client in addition to the payment for basic services. Payment for additional services shall be as mutually agreed to by the parties. 4.0 Client Responsibilities Unless otherwise designated in writing, the Client's representative with respect to the services to be rendered under the Agreement shall be the individual designated for the authorized signature. Client shall provide all criteria and information required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for Consultant to enter upon public and private property as required to perform services under the Agreement. 5.0 Compensation a) Monthly progress invoices for basic services and additional services shall be submitted to the Client by Consultant based on percentage complete for each project task. Hourly services shall be invoiced based on applicable hourly rates in accordance with the Rate Schedule which is subject to semi-annual adjustment. b) These invoices are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days. c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall have a fourteen (14) day review period to request clarification or additional information regarding an invoice. If no request is made during the review period, the invoice is deemed approved and payment shall be made in the full amount of the invoice. d) If Client fails to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of services with seven (7) days written notice to Client. Consultant shall have no liability whatsoever to Client for any costs or damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full by Client, Consultant may, upon written agreement of both parties, resume services under the Agreement and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Consultant to resume performance. e) Payment of invoices is in no case subject to unilateral discounting or setoffs by Client and payment is due regardless of suspension or termination of the Agreement by either party. 6.0 Permit, Agency and Application Fees Client shall be responsible for and pay all project -related fees including, but not limited to, permitting, filing, recording, inspection, plan review, DRI, PUD, rezoning and other related fees. 7.0 Collection Costs In the event that any invoice or portion thereof remains unpaid for more than thirty (30) days following the invoice date, Consultant may initiate legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect any judgment or settlement sums due, reasonable attorney fees, court costs, interest and expenses incurred by Consultant in connection with the collection of any amount due under the Agreement. 8.0 Reimbursables Project -related expenses such as travel, lodging, per diem, long distance communications, postage, shipping, reproductions, approved subcontracted services and other necessary and customary costs shall be paid to Consultant by Client. These reimbursables shall be compensated at: • Unit prices per Consultant's Rate Schedule. • Out-of-pocket expenses billed at a multiplier of 1.15 to cover processing costs. 9.0 Taxes Any government -imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the Agreement. 10.0 Indemnification a) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, employees and independent subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or connected with the Agreement or performance by any of the parties above -named, of the services performed under the Agreement, except (i) those damages, liabilities or costs attributed to the negligent acts or negligent failures to act by Consultant specifically in the performance of the Agreement, or (ii) those liabilities or costs attributed to grossly negligent or intentional acts by Consultant occurring other than in the specific performance of the Agreement. b) Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a Florida corporation, and not against any of Consultant's employees, officers or directors, and specifically waives the bringing of any such claims against said individuals. c) In the event that any third party, whether or not such third party is a party to this Agreement, should bring an action, assert a claim, or have imposed upon Consultant, its officers, directors, employees and independent subconsultants any judgment, damages or liability where such claim is, in any way whatsoever, asserted due to the existence of this Agreement or any services rendered or performed by Consultant, its officers, employees and independent subconsultants in connection therewith, Client agrees to indemnify and hold Consultant, its officers, employees and independent subconsultants harmless of and from any and all claims, liabilities, damages, costs, judgment or other amounts which may be awarded against Consultant, its officers, directors, employees and independent subconsultants, or any of the foregoing. 11.0 Limitation of Liability In recognition of the relative risks and benefits of the project to both Client and Consultant, Client agrees to the fullest extent permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs, damages or claim's expenses from any cause or causes, including, but not limited to, attorney fees and costs resulting from Consultant's negligent acts, errors and/or omissions. The total liability of Consultant to Client shall in no event exceed $100,000. 12.0 Instruments of Service Ownership a) All reports, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by Consultant as the Agreement's instruments of service shall remain the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto. b) Instruments of service by Consultant are for the sole use of Client and are not to be copied or distributed, in any manner, to a third party, without the express written permission of Consultant. Electronic information or files are for informational purposes only. It is the responsibility of Client to verify the accuracy of the information therein and to hold Consultant harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible for validating any and all electronic information provided. 13.0 Governing Law Client and Consultant agree that the Agreement and any legal actions concerning said Agreement shall be governed by the laws of the State of Florida. 14.0 Mediation/Dispute Resolution a) To resolve any conflict which might arise during the performance of the Consultant's services under the Agreement, or during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that all disputes, pertaining to the performance of services by Consultant, shall be first submitted to non -binding mediation. Failure by any party to fully comply with the pre -suit mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees and/or costs of mediation shall be equally home by the parties to the Agreement. b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida County in which the Project is located under the Agreement. The prevailing party in such litigation shall be entitled to recover from the non -prevailing party all reasonable attorney fees, taxable court costs, expert witness fees and costs, demonstrative evidence costs, and such other reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post -trial, by the court. c) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with person(s) and/or entity(ies) not specifically named herein, Consultant shall not be obligated to participate in, nor be a named party in, any arbitration proceeding without the express written consent of Consultant. 15.0 Delays a) In the event the project under the Agreement is delayed by any act or omission by Client or any other causes beyond Consultant's exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or indirectly from such delays. If the delays resulting from any such causes are fifteen (15) days or more, or increase the cost or time required by Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation prior to re -commencing work on the project. a) Client recognizes and agrees that factors both within and without Consultant's control may delay the work performance, permit issuance, design and construction of the project. Client agrees that it shall not be entitled to any claim for damages due to hindrances or delays from any cause whatsoever including, but not limited to: the production of contract documents; review of documents by any government agency; issuance of permits from any government agency, beginning of completion of construction; or performance of any task of the work pursuant to the Agreement. Permitting is a regulatory function and Consultant does not guarantee issuance of any permit. Agency reviews and permitting are deemed `factors' outside of the Consultant's control. 16.0 Termination The Agreement and the obligation to provide further services under the Agreement may be terminated by either parry upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Consultant shall have the right to terminate this Agreement for Consultant's convenience and without cause upon giving the Client seven (7) days written notice. In the event of termination of the Agreement by either party, Client shall within fifteen (15) calendar days of termination, pay Consultant for all services rendered to date, all reimbursable costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions of the Agreement. 17.011enegotiation of Fees Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period when services are rendered. 18.00onstruction Phase a) Consultant shall not, during any site visits or as a result of observing Contractor's work in progress, supervise, manage, direct or have control over Contractor's work. Nor shall Consultant have any authority or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume any responsibility for Contractor's failure to finish and perform its work in accordance with the contract documents. b) If construction phase services including project observation or review of the Contractor's performance are not part of this Agreement, such services shall be provided for by the Client. The Client assumes all responsibility for interpretations of the Contract Documents and for construction observation; and the Client waives any claims against the Consultant that may be in any way connected thereto. 19.0 Signage Client agrees to provide Consultant with a location for Consultant's temporary construction signage on the project site before and during construction activities. 20.0 Notice That, whenever either party desires to give notice unto the other, 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 place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit. FOR CMA Peter Moore P.E., President Chen Moore and Associates 500 W. Cypress Creek Road„ Suite 630 Fort Lauderdale, FL33309 21.0 Successors and Assigns Neither party to the Agreement shall transfer, sublet or assign any rights under or interest in the Agreement (including, but without limitation, monies that may become due or monies that are due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes of the Agreement. EXHIBIT B AGREEMENT FOR PROFESSIONAL SERVICES - WORK A UTHORIZA TION CMA Project Name: SW 34" Terrace Stormwater Improvements Client Name: City of Dania Beach Client Contact: Dincer Ozaydin Client Address: 100 West Dania Beach Boulevard Client Phone/Fax: (954) 924-6808 Client E-mail: dozaydin@daniabeachfl.gov CMA Project No. 090.039 Agreement Date: Approval Date FEE: $127,280 RETAINER: N/A The undersigned agree to the attached General Conditions/Provisions which are incorporated and made a part of this Agreement. Any additional requested services will be addressed in a separate agreement. CHEN MOORE AND ASSOCIATES D/B/A CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. (CONSULTANT) g444�� '-smz� A orized ignature Jennifer Smith / Senior Engineer Print Name/Title 2/2/2021 Date CITY OF DANIA BEACH (CLIENT) Authorized Signature Print Name/Title Date KH I I BID chen moore and associates 2020 Labor Rate Schedule Title Hourly Rate Principal $330.00 Project Director $250.00 Senior Project Manager $210.00 Project Manager $195.00 Senior Engineer $165.00 Project Engineer $125.00 Associate Engineer $115.00 Engineer $100.00 Senior Landscape Architect $205.00 Project Landscape Architect $125.00 Associate Landscape Architect $95.00 Senior Designer $135.00 Designer $110.00 Senior Technician $90.00 Technician $80.00 Senior Construction Specialist $125.00 Construction Specialist $95.00 Clerical $65.00 Engineering Intern $50.00 SW 34TH TERRACE STORMWATER IMPROVEMENTS EXHIBIT D - FEE PROPOSAL _ N ~ rr F o W w W w F =Z Z 9 Q Z R' w Q rr Z U ( Z Q TASK NO. DESCRIPTION U a. sTASK Z Lu Z aH J TOTALQ TOTAL COST a z g ' ga w w� LuU z UHOURS z r0 Z O FO w a zZ yvi U w w ---- --- 1.0 ----- - ------ ---- - - - - - - - - - -- -- --- Site Investigation Task-- 1.1 Topographic Survey-------- - --- -- $12,500.00 4 - — - --- - - - - - — 6 - ---- -- 10 $13,570 1.2 Subsurface Utditiy Verification $ 4,500.00 4 12 $5,800 1.3 -- — Geotechnical Investigation $ 2,000.00 _ 4 _8_ - - 4 _ $2,620 1.4 Document Research/Review_ 4 8 20_ 32 1.5 _ - Project Site Visits ---------- —� - —� tS - - $ — _ - - — — 16 —$2,600 $1_920 - -- -- — TOTAL - TASK 1 - - - - - -- -- - $26,510 2.6 en. Design Submittal Task 2 4 20 4 80 100 210 $18,080 ----- TOTAL _TASK 2 -------------- _ $18,080 -- --- — — --- - — - 3.0 90% Design Submittal Task 1 2 14 2 60 60 139 $12,010 ------- TOTAL - TASK 3 ----- ---- _ 4_0 Regulatory Permitting Task - --- --- - --- - -- 20 30 20 70 - $6,950 TOTAL - TASK 4 -- - - ---- — - -- ---- - - -- - $6,950 ------- -- - 5.0 ---- --- ---- --- -------------- --- --- - ----- ---- - ------------- ---- -- 1- ------------------- 00% Design Submittal Task _ --------- --------- - - ----- - -- _ __ -------- 1 ----- ----- 4 - - 10_ 20 55 $5,480 TOTAL -TASKS _2_0_ -- 6.0 Bidding Assistance - --- -- - - 12 - -- --- 20 ---- - -- - — - — -- 32 -- - $3,560 — TOTAL _TASK 6 -- — $3,660 — - — 7.0 Construction Engineering Services -- --- - --- - --- - -- - - -- - — - - - - - - - 7.1 Shop Drawing Review_ — 4 20_ 10 $3,176 7.2 -- - -_ Construction Meeting Attendance ___ — — _ 25 - 25 — - _34 50 _ $6,000 7.3 Respond to Requests for Information 40 40 80 $9,600 7.4 Construction Inspections _ 20 20 _ 200 _ _ _ 0 _ $21,806 7.5 _ CertFication and Contract Closeout - -- — --- ------ -- - --- --- 4 - - -- -- - 20 - - 20 -- - — -2444 $3,620 TOTAL - TASK 7 - ------ $44,190 - --- - - - -- -- -- -- - -- -- - - - -- 8.0 -Reimbursable — -TOTAL Expenses -- --- $ 500.00 0 $500 - TASK 8 - - - - - -- --- - --- --- - - - - — $500 9.0 - -- - Miscellaneous Services ------------ - - - $10,000.00 - - - - - - - - -- - - - - - - - - --- - - - - - 0 _ TOTAL - TASK 8- - - -- --- - - — - -- - - -- -- -- -- — - --- $10,000 SUBTOTAL HOURS 4 10 193 0 6 334 6 240 235 0 1,028 - - - - -. --- ---- -- - - - -- -- -- TOTALFEEESTIMATE------- ---- - -- — ---- — t -- — -------1--- L - --- —F-- - — -� ---J---- -- -- — — h-- -- - --------- L------ - - $127,280 Dania Beach Hourly Rates $250.00 $170.00 $1M.0 $140.00 $125.00 $85.00 1 $75.00 1 $65.00 60.00 1 $85.0 $0 i *4 -�. City of Dania Beach SW 34th Terrace che°m°ureand associates Figure 1 - Project Location N W E DANIA BEACH S SEA IT. LIVE IT. LOVE IT W LO e ' PR Legend Project Limits :- _' n Existing Outfalls r ry Existing Inlets • Existing Manholes Existing Stormwater Pipes ■ Proposed Inlets GRIFFIN RD • Proposed Manholes Proposed Stormwater Pipes' ° 250 500 Fee a, N City of Dania Beach I[Eai' Ok SW 34th Terrace w E chenmoore and associates Figure 2 - Proposed Drainage DANIA BEACH SEA IT. LIVE IT. LOVE IT. O