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HomeMy WebLinkAboutR-2004-041 Street lighting annexed area-Electrical Design Assoc RESOLUTION NO. 2004-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ELECTRICAL DESIGN ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE ADDITION OF STREET LIGHTING IN ANNEXED AREAS FOR A COST NOT TO EXCEED $22,180.00, SUCH SERVICES TO BE OBTAINED WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BIDS; 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), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to obtain professional engineering services for the "Annexed Area Additional Street Lighting Project"; and WHEREAS, the City Manager has determined that such services can best be obtained through a contract with Electrical Design Associates, 2101 N. Andrews Ave., Suite 100 Ft. Lauderdale, FL 33311; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That certain Engineering Proposal submitted by Electrical Design Associates dated February 27, 2004 for professional engineering services relating to the Annexed Area Additional Street Lighting Project, attached as Exhibit "A", is approved and the City is authorized to enter into a contract with that entity to obtain the services. 1 RESOLUTION NO. 2004-041 Section 2. That the City Manager and City Attorney are authorized to make . minor revisions to the Agreement to be prepared by the City Attorney as are deemed necessary and proper for the best interests of the City. Such Agreement shall not be deemed accepted by the City unless and until the City has completed its execution. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 9, 2004. C.K. CELY MAYOR-COMMISSIONER ATTEST: ROLL CALL: • COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES MIRIAM NASSER COMMISSIONER FLURY - YES ACTING CITY CLERK VICE MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AST FORM AND CORRECTNESS: BY: I- THOM S J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2004-041 V1W FLORIDA March 16, 2004 Ms. Lillian M. Reyes, P.E. Electrical Design Associates 2101 N. Andrews Avenue, Suite 100 Fort Lauderdale, FL 33311 RE: AGREEMENT BETWEEN ELECTRICAL DESIGN ASSOCIATES AND THE CITY OF DANIA BEACH RELATING TO THE ADDITION OF STREET LIGHTING IN ANNEXED AREAS Dear Ms. Reyes: On March 9, 2004, the Dania Beach City Commission adopted Resolution No. 2004-041 approving the above agreement. We enclose a copy of the resolution and two original agreements that have been executed by the City of Dania Beach. These agreements now require final execution by your company. Upon execution, please keep one original and return the other original to me for our records. If you have any questions regarding this agreement, please contact Fernando Vazquez, Director of Public Services, at 954-924-3740. Sincerely, . iriam Nasser Deputy City Clerk Enclosures • "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dani a-beach.fl.LIS AGREEMENT • THIS IS AN AGREEMENT (the "Agreement") entered into on ,2004, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the"City") and Electrical Design Associates, Inc., a Florida corporation (the "Contractor"). 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: 1. Scope of Services. See Exhibit A, consisting of three (3) pages a copy of which is attached and incorporated by this reference. 2. Subcontracts. Contractor 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 prior to any such subcontractor proceeding with any such work. In no case, however, shall any subcontractor fees be paid which would have the effect of exceeding the agreed upon maximum payment specified below. 3. Payment for Services. A. City agrees to pay Contractor for services provided by Contractor, as • described in Section 1, hourly fees, as specified in Exhibit"A", not to exceed the upper limit amount of Twenty Two Thousand One Hundred Eighty Dollars ($22,180.00) (the"Fee"). The Fee includes full payment, including all labor, overhead, other costs, Contractor fees and profit. Documentation as to expenditures for such costs must be submitted to City in sufficient detail to clearly evidence each such item and its cost. No travel and meal costs are reimbursable. B. Any necessary additional work, as determined by City, which is not covered by the scope of work 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. Contractor shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Contractor 50% at the beginning of contract, 25% on June 30, 2004, provided that contract services are ongoing and 25% upon completion of the services. • Page 1 of 7 4. Indemnification of City. • A. Contractor agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to,judgments and attorneys'fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Contractor, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Contractor shall assume and defend not only itself, but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Contractor. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Contractor's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Contractor for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Contractor 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 liability 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 insurance to apply for all employees (including employees of any subcontractors in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. C. Comprehensive general liability insurance, including contractual,with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. If Contractor hires a subcontractor for any portion of any work, then such subcontractor shall provide professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). E. The Contractor shall provide the Risk Manager of the City Certificates of Insurance for coverage and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such Page 2 of 7 policies and coverage shall not be affected by any other policy of insurance which the City may carry in its own name. ® 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 Contractor without the prior written consent of City. 7. Examination of Records. Contractor 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 Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of- pocket expense or cost not included in the Fee. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Contractor 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 Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. 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 Contractor notice by certified mail, return receipt requested, directed to the principal office of the Contractor, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Contractor shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the termination date. Such compensation shall be based on the fee percentage of work completed, as fairly and reasonably determined by City after conferring with Contractor. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Contractor five (5) days' advance written notice. If Contractor 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 Contractor 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. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Contractor (and Contractor's independent • Page 3 of 7 professional subcontractors) 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 Contractor to be suitable for reuse by City on extensions of the Project or on any other project. Any such reuse, modification or adaptation of such document without written verification or permission by Contractorfor the specific purpose intended will be at City's sole risk and without liability or legal exposure to Contractor or to Contractor's independent professional subcontractors. 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 With a copy to: Thomas J. Ansbro, City Attorney Weiss, Serota, et al. 3107 Stirling Road, Suite 300 Dania Beach, Florida 33312 Contractor: Electrical Design Associates 2101 N. Andrews Ave Suite 100 Fort Lauderdale, Florida 33311 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 of 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. Attorneys' Fees and Costs. If City or Contractor 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. Page 4 of 7 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 itto 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 PriorAgreements 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. Contractor 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. 19. The Contractor 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. Contractor shall not proceed with services under this Agreement without City's written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Contractor 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 Page 5 of 7 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 Contractor 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 Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. 21. Contractor shall comply with all federal, state and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") and the Florida Building Code. The Contractor is required to fully comply with all provisions of all laws and the City reserves the right to verify the Contractor'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 Exhibit "A", the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). 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: B y: X C.K. MCELY A,-;, MIRIAM NASSER y MAYOR- O ISSIONER ACTING CITY CLERK '� By: IVAN/PATO CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: APPR D AS T "SCOPE OF SE ICES" By: 1 6y. THOMAS J. AN'SBR , ESQ € VAZQUEZ, CITY ATTORNEY PU ERVICES DIRECTOR Page 6 of 7 CONTRACTOR: • Signed, sealed and delivered Electrical Design Associates Inc. g 9 in the presence of: a Florida corporation By: Witness Witness Print Name Title STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 12004, by . Such person is personally known to me or has produced as identification and did (did not)take an oath. NOTARY PUBLIC, State of Florida • Print, Type or Stamp Commissioned Name of Notary Public and Expiration Date: Page 7 of 7 s Efectrical Des�qn Associates ❑ Broward County February 27, 2004 2101 N.Andrews Ave. Suite 100 Fort Lauderdale Florida 33311 Telephone: Mr. Fernando A. Vazquez, P.E. 954.564.4012 Director of Public Services Facsimile: 100 W. Dania Beach Blvd. 954.564.3040 City of Dania Beach, FL 33004 ❑ Duval County Re: City Annexation Area- Roadway Lighting Improvements Phase I 8384 Baymeadows Road Dania Beach, Florida Suite 14 Jacksonville Florida 32256 Dear Mr. Fernandez: Telephone: 904.739.0707 We are pleased to submit our proposal for electrical engineering services for the Facsimile: above project. Our services shall include the completed of drawings for the 904.739.0708 work, covering all phases of our work scope, in accordance with a format determined by you. Our scope of work shall include: Prange County 1. Site investigation in order to "as-built" all existing pole mounted 2020 E. Robinson St. fixtures, including the approximate locations, fixture type, lamp type and Orlando Florida 32803 wattage and pole type. Our services shall not include a detailed survey Telephone: of the area. EDA shall utilize the dxf file provided by the County 407895.8300 Property Appraisers office. It is also our understanding that the County Facsimile: may have existing survey information that may facilitate the process. 407.895.8411 2. EDA shall complete light level readings for the annexation areas in order ❑ Palm Beach County to provide the City a baseline for comparison purposes. Our services 6124 Sand Hills Circle shall also include light level readings following the proposed upgrades. Lake Worth Florida 33463 3. Coordination with Mr. Charlie Webb from FPL in our effort to upgrade Telephone: the existinglight fixture assemblies. It is our understanding that under 561.649.8103 g g Facsimile: this phase of the project, our efforts shall only include the coordination 561.649.8104 and documentation required to replace the existing fixtures in kind in their current locations. 4. EDA shall complete light level readings following the improvements within the annexation area. Our area of work shall include the communities directly north and south of SW 53ra Court, originating at Ravenswood Road and extending to SW 3 1" Avenue. 91WBE CERTIFIED www.goeda.com EXHIBIT 010a Mr. Fernando A. Vazquez, P.E. Page 2 February 28, 2004 • Attached please find our estimate of work effort for the first phase of the proposed lighting upgrades for the annex area as per our discussions. Services not specifically outlined above are excluded. Our fee for this work shall be billed hourly with a not to exceed upper limit of $22,180.00. Very truly yours,,,, Lill n M. Re P. L� y ACCEPTED r DATE ; `2 DB-04-OO I D rnando.,4�Va�Xuez, P.E. Direr fc Services • 0 0 0 0 0 0 O O o 0 0 O 0 0 0 0 0 0 et rn (0 N O v DD CO Cti M h N N N f9 o N U) ~ N o e» F» fii9 ffl 69 6H d (Q E L Cb M N N 0 O O O O O O O O O O O 0 L N O Cl) LO LO O N H U rn v> _ � L N O CDO co O O O O O O O O N (O O co 1l. fM h r- N O N to c O (0 C m 00 O W U 69 69 60 ff3 (a 69 W > i C d = E D co (° N 0 m 0L L t 06 -� ,0 o 0 0 0 0 0 d Y ` d O M N N N fn O rn O 7o .0 W N R I V U G) 0 _N m w W cc `o •E •C 69 fig 69 u3 fA fA M ++ m W o 0 co N m 0 �t 00 L M N N. C . f0 � O 0) O 76 ca i- U 0 3 o a m m m c > N U U X x m f0 O C W W V) L a c `) 3 3 00 \\ aaV`` L m V V N C U > ° a uxi tu a c m � N 0 CD N w o _o N v v c .3 E m w O N O m O)L '2 N N En - o f O C C 07 (D U O 0) > > a a N G (0 � C C L N 0) N (30 -0 'Ocl Y N N Q J (0 00 a' 0 in 0 U _ Agenda Request Form City of Dania Beach Agenda ltelrn:�;O 7 Date of Commission meeting: 3/9/2004 Description of Agenda Item: ENGINEERING PROPOSAL FOR STREET LIGHTING Commission action being requested: r Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(Please explain) � � Summar dw ex lanation and back round r Y p g �,- ENGINEERING SERVICES TO IMPROVE EXISTING LIGHTING CONDITIONS FOR ANNEXED AREAS RAVENSWOOD AND LAUDERDALE ESTATES. E /3.' r ? �►ttached exhibits andatlditional backup materials (Please list); it Electrical Design Associates (EDA) PROPOSAL Memo to City Manager Agreement between City of Dania Beach and EDA For purchasing requests ONLY Department: Public Works Amount: $22,180.00 Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Professional Services Account Number: 001-1800-519.31-10 Submitted by: FVAZQUEZ Date: 3/3/2004 Department Director: fvazquez Date: 3/3/2004 Admin. Services Director: Date: r Finance Director: Patricia Varney Date: 3/3/2004 City Manager: Ivan Pato Date: 3/3/2004 yFGv4 A PRY L^ Y CITY OF DANIA BEACH PUBLIC SERVICES MEMORANDUM DATE: 3/1/04 TO: Ivan Pato, City Manager FROM: Fernando A. Vazquez, P.E. — Public Services Director SUBJECT: Lighting Improvements — City Annexation Areas — Ravenswood and Lauderdale Estates On February 3rd, 2004, City Officials met with representatives of the Ravenswood Management association to address community concerns regarding police protection and inadequate street hting. The purpose of this meeting was to follow up with a letter to the community by former City Manager, Michael W. Smith dated November 1, 2000. During this meeting, City officials expressed to the Ravenswood Management Association, that the former City Manager's letter, although written with the best intents, unfortunately issued an immediate plan of action for infrastructure improvements which imposed a substantial financial burden on existing city funds. Nevertheless, the City of Dania Beach, in its continued commitment to make its communities safer through better infrastructure, would move forward with a fiscally responsible roadway lighting improvement program that would address these immediate concerns. As a first step to engage into a formal assessment, City Manager, Ivan Pato, solicited, via a formal street lighting survey, the opinion of the residents regarding the adequacy of the existing street lighting. An overwhelming response by the residents resulted in a greater majority expressing concerns about poor street lighting in the area. The Public Services Department, in response to this survey, proceeded with requesting services for a preliminary site investigation that narrows down to a scope which best suits the immediate needs of the community as well as the budgetary limitations at hand. The study will focus on increasing the respective wattage range of fixtures up to acceptable municipal illuminary standards. The initial phase of this program will assess the existing pole mounted fixtures, their approximate locations, fixture types, lamp types, wattage and pole types. Light level readings of sting mounted features will provide the City with the existing foot candle levels. The consultant will Oxi l en coordinate the required improvements with FPL and document the locations and requirements. The consultant will then complete light level readings following the improvements within the Wnexation area and advise the city whether additional infrastructure improvements are required. The sheer size of the area in study coupled with the necessity to expeditiously move forward with these improvements triggered the necessity to delineate a clear scope of work that would establish a planning activity with fees for professional services not exceeding the threshold amount provided in s. 287.017. Although in the best interest of fair competition, three (3) consultants where solicited; Bailey and Associates, Inc; Winningham, Bundy and Tice Architects, P.A; and Electrical Design Associates, all these companies have demonstrated solid experience in street lighting programs. Unfortunately Bailey and Associates was non-responsive and discussions with Winningham Bundy Tice and Associates, could not embrace a fee within the desired threshold amount. Electrical Design and Associates, and MWBE firm was the only responsive firm that provided an acceptable scope within the financial limitations for this study. The Public Services Department recommends City Commission approval of this Task Order to Electrical Design Associates for engineering services associated Roadway Lighting Improvements- Phase 1 for annexation areas Ravenswood and Lauderdale Estate at a total cost not to exceed $22,180. This study will be funded from the General Administration professional services of which two studies were budgeted for FY 2004.