HomeMy WebLinkAboutR-2005-071 Chen CPTED Study RESOLUTION NO. 2005-071
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND
ASSOCIATES RELATING TO THE "OPTED" AND NEEDS ASSESSMENT
STUDIES PROJECT,UNDER THE 30TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; PROVIDING THAT THE COST FOR SUCH
SERVICES SHALL NOT EXCEED TWO HUNDRED TWENTY-TWO
THOUSAND FIVE HUNDRED DOLLARS ($222,500.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That that certain agreement with Chen and Associates,Inc. in an amount not
to exceed Two Hundred Twenty-Two Thousand Five Hundred Dollars ($222,500.00) for services
relating to the "OPTED" and Needs Assessment Studies, under the 30'h Year Community
Development Block Grant Program, in substantial form as Exhibit"A",attached,is approved and the
'® appropriate city officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such agreement which are deemed necessary and in the best interest of the City of
Dania Beach.
Section 3. That all resolutions in conflict with this Resolution are repealed to the
extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 10, 2005. `r
0""
ANNE CASTRO
MAYOR— COMMISSIONER
i ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO -YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: NL
TH M S J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2005-071
_ Agenda Request Form
City of Dania Beach
Agenda Item:
Date of Commission meeting: 5/10/2005
Description of Agenda Item: Resolution awarding CPTED and Needs Assessment Studies to Chen&Associates
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other Please ez lam ����
Si�mmaryexplanaition and background
Under the 30th Year CDBG, the City advertised for proposals to conduct CPTED and Needs Assessment studies
in seven areas. A committee consisting of Fred Bloetscher, Leo Wit 1§2,and Bennie Temchuk reviewed the three
submitted proposals. The committee ranked Chen and Associates as number 1 and have received approval for this
ranking from our CDBG municipal associate in Broward County. We now seek approval from the Commission to
award Chen and Associates and enter into an agreement to conduct the CPTED and Needs Assessment studies.
Attached exhibits antl additional backup materials (Please list):
Resolution - paper attachment
Exhibit A-Agreement- paper attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: 0 Capital: ❑
Account Name: Account Number:
Submitted by: btemchuk Date: 4/29/2005
Department Director: btemchuk Date: 4/29/2005
Admin. Services Director: Date:
Finance Director:
Date:
® City Manager.' / Date:
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on i/ Imo% 2005,
between: the City of Dania Beach, Florida, a municipal corporation, (the "City") and Chen and
Associates Consulting Engineers, Inc. (the "Consultant").
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the
parties agree as follows:
l. Scope of Services. The Consultant agrees to perform consultant services forthe City
in accordance with the scope of services described in Exhibit"A", a copy of which is attached and
made a part of this Agreement by this reference. The Parties acknowledge and agree that services are
to commence on
2005 and that that date is the effective date and commencement date
of the services.
2 Subcontracts. Consultant may subcontract certain items of work. It is expressly
agreed by the parties,however,that the City shall approve in advance in writing any subcontractors
and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such
work.
® 3. Payment for Services.
A. City agrees to pay Consultant for services provided by Consultant(inclusive of
any subcontractor services), as described in Section 1, an agreed upon lump sum amount of Two
Hundred Twenty Two Thousand Five Hundred Dollars(S222,500.00)(the"Fee"). The Fee includes
full payment, including all labor, overhead and other costs. No travel and meal costs are
reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and
approved in writing in advance by the City. Any such costs are payable at the City reimbursement
rate.
B. Any necessary additional work, as determined by City, which is not covered
by the scope of services described in the attached Exhibit "A", shall not be undertaken without a
written amendment to this Agreement to that effect, executed in advance by both parties.
C. Consultant shall submit its invoices in the format and with supporting
documentation as may be required by City.
D. City shall pay Consultant monthly for services rendered within thirty (30)
calendar days from date of approval of each of Consultant's invoices by the City Manager. If any
errors or omissions are discovered in any invoice, City will inform Consultant and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an invoice,
City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring
to resolve the disputed portion.
E. Any invoice which is not timely paid as prescribed above will be subjectto the
accrual of interest at the statutory rate prescribed by applicable Florida law.
4. Indemnification of City.
A. Consultant shall indemnify and hold harmless City, its officers, employees and
agents (collectively, the "City"), from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of Consultant and persons employed or utilized by Consultant in the performance of this
Agreement, including any Subconsultant and Subcontractor.
B. To the extent considered necessary by City any sums due Consultant under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to
payment of interest by City.
C. To the extent this indemnification clause does not comply with Florida law this
provision and all aspects of this Agreement shall be interpreted as the parties' intention for the
indemnification provisions and this Agreement to comply with Florida law applicable to indemnification.
• 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during
the term of this Agreement, such insurance, including professional liability insurance, Workers'
Compensation insurance and comprehensive general liability insurance as stated below:
A. Professional Iiability insurance with minimum limits of liability of One
Million Dollars ($1,000,000.00) to assure the City of coverage of the
indemnification specified in this Agreement.
B. Workers' Compensation
Statutory Limits Part A, and $1,000,000.00, Part B, Employer's Liability,
coverage.
C. General Liability
Commercial General Liability insurance with limits of not less than
$1,000,000.00 per occurrence, $2,000,000.00 aggregate(and the same limits
for any Subcontractors).
Page 2 of 9
D. Automobile Liability
Comprehensive or Business Automobile Liability insurance with limits not
less than S1,000,000.00 each occurrence combined single limit for Bodily
Injury and Property Damage including coverage for owned, hired, and non-
owned vehicles, equipment or both as applicable. This policy of insurance
shall be written in an "occurrence"based format.
E. General
Should any required insurance lapse during the Contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
Agreement, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option,terminate this Agreement effective on the dateof such
lapse of insurance.
Liability policies shall be endorsed to provide the following:
a) Name as additional insureds the City of Dania Beach and its
officers, agents, employees and City Commission members.
b) That such insurance is primary to any other insurance
available to the City with respect to claims covered under the
policy and that such insurance applies separately to each
insured against whom claims are made or suit is brought,but
the inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
All policies shall be endorsed to provide thirty(30)days'prior written notice
of cancellation, non-renewal or reduction in coverage or limits to:
City of Dania Beach
Attention: Risk Manager
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
The issuing agency shall include its full name,address and telephone number
in each insurance certificate issued.
Certificates of Insurance, evidencing all required insurance and
endorsements, shall be submitted with the executed Agreement.
Page 3 of 9
6. Assignment of Agreement.
A. It is understood and agreed by both parties that this Agreement, in whole or in
part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of
City. The City is relying upon the apparent qualifications and expertise of Dr. Ben H. Chen, P.E.,
D.E.E.,President of Chen&Associates, and such person's familiarity with the City's circumstances
and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant
shall tender one or more substitutes acceptable to City. In the event the City is not,for any reason or
no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this
Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by
Consultant and City may, at its discretion,terminate this Agreement for cause and all rights,title and
interest of Consultant in this Agreement shall then cease and terminate.
B. The Consultant acknowledges, understands and agrees that its performance
under this Agreement is or may be contingent upon the City receiving timely services from other
consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the
"Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services
with the services of the Supporting Consultants and further agrees that in the event the rendition of
any services of any of the Supporting Consultants is delayed, such delay will not entitle the
Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant
shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the
City,for damages or expenses incurred which are direct,indirect or consequential or other costs and
lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended
• overhead, arising because of any other delay, disruption, interruption,interference or hindrance from
any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision
shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by
fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be
entitled to extensions of time for performance as the exclusive and sole remedy for delay.
7. Examination of Records. Consultant shall maintain books,records, documents and
other evidence directly pertinent to performance of work under this Agreement in accordance with
generally accepted accounting principles and practices. The Consultant shall also maintain the
financial information and data used by the Consultant in the preparation of support of any claim for
reimbursement for any out-of-pocket expense or cost. The City shall have access to such books,
records, documents and other evidence for inspection, audit and copying during normal business
hours. The Consultant will provide proper facilities for such access and inspection. Audits
conducted under this section shall observe generally accepted auditing standards and established
procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida
Statutes,may have application to records or documents pertaining to this Agreement and Consultant
acknowledges that such laws have possible application and agrees to comply with all such laws.
Page 4 of 9
8. Termination.
A. Termination of Agreement for Convenience. It is expressly understood and
agreed that the City may terminate this Agreement at any time for any reason or no reason at all by
giving the Consultant written notice by certified mail, return receipt requested, directed to the
principal office of the Consultant, thirty(30) days in advance of the termination date. In the event
that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agreement up to
the date of receipt of Notice of termination. Such compensation shall be based on the percentage of
work completed, as fairly and reasonably determined by City after conferring with Consultant.
B. Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant five (5) days' advance written notice. If
Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall
continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant
for work completed less any costs, expenses and damages incurred by City as a result of such
termination. If a court of competent jurisdiction determines that the termination was not authorized
under the circumstances then the termination shall be deemed to be a termination for convenience
and the Consultant will not be entitled to any additional costs, expenses and damages as a result of
termination.
9. Ownership of Documents. All correspondence, studies, data, analyses, documents,
instruments, applications,memoranda and the like,including drawings and specifications prepared
or furnished by Consultant (and Consultant's independent professional subcontractors or
subconsultants)pursuant to this Agreement shall become owned by and be the property of the City
and the City shall consequently obtain ownership of them by any statutory common law and other
reserved rights, including copyright; however, such documents are not intended or represented by
Consultant to be suitable for reuse by City on extensions of the work or on any other work or project.
Any such reuse, modification or adaptation of such document without written verification or
permission by Consultant for the specific purpose intended will be at City's sole risk and without
liability or legal exposure to Consultant or to Consultant's independent professional subconsultants.
If City alters any such documents, City will expressly acknowledge same so that no third party will
be in doubt as to the creation or origination of any such document.
10. Notices. Except as provided above,whenever either party desires to give notice to the
other, it must be given by written notice, sent by certified U.S. 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 in compliance with the provisions of this paragraph. For the present,the parties designate the
following as the respective persons and places for giving of notice:
City: Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Page 5 of 9
With a copy to: Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Chen & Associates
Attention: Ben H. Chen,P.E., D.E.E.
5100 NW 33 Avenue, Suite 250
Ft. Lauderdale, FL 33309
11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action
arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial
Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of
the United States. Each party further agrees that venue for any action to enforce this Agreement shall
be in Broward County, Florida.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. Attomevs' Fees and Costs. If City or Consultant incurs any expense in enforcing the
terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and
expenses including, but not limited to, court costs and reasonable attorneys' fees.
14. Headings. Headings in this document are for convenience of reference only and are
not to be considered in any interpretation of this Agreement.
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference.
16. Severability. If any provision of this Agreement or the application of it to any person
or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable,shall not be affected,shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
17. All Prior Agreements Superseded. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments,agreements
or understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written.
18. Consultant and its employees and agents shall be and remain independent contractors
and not employees of City with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the parties to this
Agreement.
Page 6 of 9
19. The Consultant understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year and that any contract, verbal or written,made in violation of this subsection is
null and void and that consequently, no money may be paid on such contract beyond such limits.
Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one
(1)year,but any contract so made shall be executory only for the value of the services to be rendered
or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under
this Agreement without City's written verification that the funds necessary for Consultant
compensation and other necessary expenditures are budgeted as available within the appropriate
fiscal year budget.
20. Consultant warrants and represents that no elected official,officer,agent or employee
of the City has a financial interest,directly or indirectly, in this Agreement or the compensation to be
paid under it and, further, that no City employee who acts in the City of Dania Beach as a
"purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer
of the City of Dania Beach, nor any spouse or child of such purchasing agent,employee or elected or
appointed officer, is a partner, officer, director or proprietor of the Consultant and, further,that no
such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any
of them, alone or in combination, has a material interest in the Consultant. Material interest means
direct or indirect ownership of more than five percent(5%) of the total assets or capital stock of the
Consultant.
21. Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment,the Americans
With Disabilities Act("ADA")the Florida Public Entity Crime law and the Florida Building Code.
The Consultant is expected to fully comply with all provisions of all laws and the City reserves the
right to verify the Consultant's compliance with them. Failure to comply with any laws will be
grounds for termination of the Agreement for cause.
22. In the event of any conflict between any provisions of this Agreement and any
provision in any attached Exhibit, the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
Page 7 of 9
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
year fist above written.
• CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
17
LOUISE STILSON ANNE CASTRO /
CITY CLERK MAYOR ;
IVAN P/AfO, TY MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTNESS: SERVICES"
• THOM -S J. NSBRO ONNIE TEMCHUK
CITY ATTORNEY ASSISTANT TO THE CITY MANAGER
Page 8 of 9
CONSULTANT:
Signed, sealed and delivered Chen and Associates Consulting Engineers, Inc.
in the presence of:
y:
Wit ess.
v
Witness Print Name
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on 2005, by
and / as
and _�— , respectively, of Chen and Associates
Consulting Engineers, Inc., a Florida corporation, on behalf of the corporation. They are personally
known to me or have produced O,5[ — �(� - �-! Q�aGI-(� as
identification and did (did not) take an oath.
UB C, tat of F o
My commission expires:
SUZPN YIIUNDERS`
COMMISSION NUMBER
D0085621
71 a! coMMISSION EXPIRES
FOF F =EB.12,2006
•
Page 9 of 9
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s
INA
FLORIDA
May 20, 2005
Ben H. Chen, P.E., D.E.E.
President
Chen & Associates
5100 NW 33 Avenue, Suite 250
Fort Lauderdale, FL 33309
RE: AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND CHEN AND
ASSOCIATES RELATING TO THE "CPTED" AND NEEDS ASSESSMENT
STUDIES PROJECT, UNDER THE 30TH YEAR CDBG
Dear Mr.. Chen:
• On May 10, 2005, the Dania Beach City Commission adopted Resolution No.
2005-071, authorizing the proper City officials to execute the above agreement. We
have enclosed for your records, one (1) fully executed original of the agreement as well
as a copy of the Resolution.
If you have any questions regarding this agreement, please contact City Attorney
Thomas J. Ansbro, at 954-924-3635.
Sincerely,
l
Miriam Nasser
Deputy City Clerk
Enclosures
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us