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HomeMy WebLinkAboutR-2007-031 Kimley-Horn Roundabout-Dixie 2nd Ave RESOLUTION NO. 2007-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $20,000.00 FOR DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF DIXIE HIGHWAY AND SW 2ND AVENUE; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the attached Work Authorization was requested from Kimley-Horn and Associates for the design of a roundabout for the intersection of Dixie Highway and SW 2nd Avenue in Dania Beach; and WHEREAS, the intent of the roundabout is to slow traffic on SW 2°d Avenue as well as on Dixie Highway; and WHEREAS, this is a project requested from the neighborhood and the residents have indicated willingness to contribute easements if needed; and WHEREAS, the City solicited a proposal from Kimley Horn and Associates to complete the roundabout design at a cost not to exceed $20,000.00; and WHEREAS, the attached Work Authorization is for engineering design services as outlined in the detailed Scope of Work as attached in Exhibit "A" for services for the roundabout; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the City Commission approves a Work Authorization for Kimley- Horn and Associates to design a roundabout at the intersection of Dixie Highway and SW 2°d Avenue, at a cost not to exceed $20,000.00; provided, however, that no contract will become effective unless and until City officials complete execution of it. Section 3. That funding for the contract shall be derived from the Neighborhood Improvement General Obligation Bond fund. Section 4. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the agreement. Section 5. That all resolutions or part of Resolutions in conflict. with any of the provisions of this Resolution are repealed. Section 6. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 7. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on February 14, 2007. PATRICIA FL RY MAYOR—COMMISSIONER ATTEST: kLA LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F/ ND CORRECTNESS: BY: r ' I TH MAS J. ANI RO CITY ATTORNEY 2 RESOLUTION #2007-031 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on m�K CN , 2007, between:the City of Dania Beach, Florida, a municipal corporation, (the"City")and Kimley-Horn and Associates, 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: 1. Scope of Services. The Consultant agrees to perform consultant services for the 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 At=B O A,2 o?lv�o 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, as described in Section 1,an agreed upon lump sum amount of Twenty Thousand Dollars($20,000.00) (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 subject to 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 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 in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. 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. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. Page 2 of 8 E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages 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 policies and coverages 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 Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Joliette Woodson, P.E., one of Consultant's 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 Page 3 of 8 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. 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 City will not be neittled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums 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 Page 4 of 8 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 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: John J. McWilliams, P.E. Kimley-Horn and Associates, Inc. 5200 NW 33`d Avenue, Suite 109 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. Attorneys'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 Page 5 of 8 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. 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") eligibility to perform services as specified in 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). IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. Page 6 of 8 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: An�.,I� - LOUISE STILSON, CMC PATRICIA FL Y CITY CLERK MAYOR-COMMISSIONER IV PATGO; vY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" C THOMAS J. BRO DOMINIC ORLA O, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 7 of 8 CONSULTANT: Signed, sealed and delivered Kimley-Hor ciates, Inc. in the presence of: By: Wiitpess �' Witness Print Name Title STATE OF FLORIDA COUNTY OF BROWARD i The f r ing instrument was ackno d,ed bef e e on �Y 1 2007, by �r�� as I'Y I / Ili of Kimley-Horn and Associates, Inc., a Florida corporation, on behalf of the corporation. He (She) is personally known me or has produced as identification and did (did not) take an oath. A BLIC, State of Florida My commission expires: y %` SFL4NDA SMON LONE My COMMISSIO _ — ' ` s EXPIRES- N#DD 496474 f ^ ' !! tfi�ktuery� 4et�rters ----------- Page 8 of 8 Kimley-Horn and Associates, Inc. January 8, 2007 Suite 109 5200 N.W.33rd Avenue Mr. Dominic F. Orlando, P.E. Ft.Lauderdale,Florida City of Dania Beach 33309 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Proposal for Professional Consulting Services Roundabout Dear Mr. Orlando: Kimley-Horn and Associates, inc., (hereinafter referred to as "Consultant", "We" or"KHA"), is pleased to have the opportunity to submit this letter agreement for professional consulting services to the City of Dania Beach, (hereinafter referred to as "Client" or"City") to perform engineering services for the traffic calming project at the intersection of Dixie Highway and SW 2❑d Avenue in the City of Dania Beach, Florida, in accordance with the terms and conditions set forth herein. Our project understanding, scope of services, and fees follow: PROJECT UNDERSTANDING We understand that the City desires to construct a roundabout at the intersection of Dixie Highway and SW 2°d Avenue. Preliminary field investigations indicate that the existing right-of-way may not be adequate for the construction of a conventional roundabout. However, City staff has indicated that the affected property owners may be willing to provide additional easements to accommodate a roundabout des m ign. If a conventional roundabout cannot be accomodated within the ultimate right-of-way/easement area, the City desires that an alternative traffic calming feature be designed and constructed. SCOPE OF SERVICES Task 1- Schematic Design KHA will obtain readily available aerials and record drawings from the City for the right-of-way at the intersection location. Based on the record drawing infonnation, KHA will provide up to three (3) preliminary traffic calming concept sketches including the conventional roundabout design. KHA will attend one meeting with the City staff and one meeting where the adjacent property owners are invited to review the alternative sketches. Based upon these meetings, the City will direct KHA to prepare construction drawings for one (1) of the three (3) concepts presented. e TEL 954 535 5100 FAX 954 739 2247 Mr.Dominic Orlando,P.G.,January 8,2007,PageCM1 2 Kimley-Horn and Associates, Inc. Based upon the approved concept, KHA will define the limits for the right-of-way and ALTA survey requirements. It is our understanding that the City will obtain a right-of-way and ALTA survey for the intersection. This scope of services does not include a right-of-way or ALTA survey. Task 2-60% Plan Set We will develop a 60% plan set that will show the geometric layout over top of the survey. The Florida Department of Transportation's (FDOT) design standards as found in The Roadway and Traffic Design Standards will govern the standards of construction for the project. In general, the set of 60% plans may contain the following information: 2.1.1 Cover Sheet A cover sheet utilizing the standard City of Dania Beach cover sheet will be provided. 2.1.2 Survey Sheet 2.1.3 Typical Roadway Sections A typical section will be prepared, detailing the proposed work for mainline construction. 2.1.4 Horizontal Control Plan Sheet Horizontal alignments and geometric improvements will be detailed on the survey plan sheets. 2.1.5 Roadway Vertical Plan Sheet Proposed mainline and cross street vertical grades will be detailed on the survey plan sheet. 2.1.6 General Notes/SW3P Notes/Maintenance of Traffic Notes General notes defining the basis of design and construction requirements will be provided. Stormwater pollution prevention notes and maintenance of traffic notes will be included. 2.1.7 Existing Utilities Utility information, as obtained during survey data collection and the information provided by the respective utility owners will be added to the plans. 2.1.8 Signing and Pavement Marking Plan Signing and pavement marking plans will include signage required for traffic operations and safety. Any additional signs that would require structural design are considered additional services. 2.1.9 Xeriscape Plan and Details A Xeriscape layout will be provided. Kimley-Horn Mr.Dominic Orlando,P.E.,January 8,2007,Page 3 and Associates, Inc. 60% Plan set summary of estimated sheets: Cover Sheet 1 Survey Sheet 1 Typical Roadway Sections 1 Horizontal Control Plan Sheet 1 Vertical Control Plan Sheet 1 General Notes/SW3P Notes/MOT Notes 1 Signing and Pavement Marking Plan 1 Xeriscape Plan and Details 1 Approximate Number of Sheets 8 Ten (10) copies of the 60%plans set will be submitted to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with City staff to review the 60% plan set. The purpose of the meeting will be to review the 60% plan set comments, discuss revisions and design decisions, and solicit additional comments from City staff concluding the meeting with an approved 60% Plan. It is anticipated that there will be data collection efforts to obtain the existing available information for the site. Such data collection may include utility locations and as-built information. Listed below are the agencies that we may be obtaining existing data in relationship to the proposed improvements: Broward County Environmental Protection Department Broward County Traffic Engineering Broward County Utilities Southern Bell Gas Company Cable Company City of Dania Beach. Two (2)copies of the approved 60% plan set will be forwarded to each utility company known to operate in the vicinity of the project. Each utility company will be requested to return one set of redlined plans, identifying the horizontal and vertical location of their facilities, to the Engineer. The Engineer will log in each set of plans when returned by the utility companies. This information will be added to the plans. We will attend up to two (2) meetings with City staff and the utility companies to review the project and potential impacts to the utility owners. An Opinion of Probable Cost(OPC) organized by pay item according to FDOT standards and based on the preliminary plans will be provided at the completion of this task. The OPC will be based upon readily available information to the Consultant at the time of these services. The Consultant has no control over market fluctuations or construction costs and the OPC should be used for preliminary planning purposes only. 0:\jwood\01 04 07 orla do Itndoc Mr.Dominic Orlando,P.G.,January 8,2007,Page 4 Kimsey-Horn and Associates, Inc. Task 3 —Construction Documents Based upon the approved Design Development alignment (60% plan set), the Consultant will proceed with construction documents for the project. The construction document set will include the following: 3.1.1 Cover Sheet A cover sheet utilizing the standard City cover sheet will be provided. 3.1.2 Survey Sheet 3.1.3 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for the roadway construction. It is anticipated that two typical sections will be required. 3.1.4 Horizontal Control Plan Sheet Horizontal alignments and geometric improvements will be detailed on the plan sheets. 3.1. Vertical Control Plan Sheet Proposed mainline and cross street vertical grades will be provided. 3.1.6 General Notes/SW3P Notes/Maintenance of Traffic Notes General notes defining the basis of design and construction requirements will be provided. Stormwater pollution prevention notes and maintenance of traffic notes will be included. 3.1.7 Signing and Pavement Marking Plan Proposed signing and pavement markings will be noted on these plan sheets. Details such as the sign types, pavement marking colors and widths, and locations of pavement marking removals will be identified and detailed. 3.1.8 Xeriscape Plan and Details A Xeriscape layout will be provided as outlined within the approved 30% submittal. 3.1.9 Miscellaneous Construction Details This sheet will provide construction details, which are not included in the Florida Department of Transportation Standard Indexes or Broward County Details. The Consultant will provide ten (10) copies of the construction document plan sets to the City for distribution to the appropriate departments for their review. After sufficient review time, a meeting will be scheduled with City to review the final design plans. Task 4 - Specifications It is intended that the Florida Department of Transportation technical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are included but require modifications to make them project specific. These Supplemental Technical Specifications will be forwarded to the City for review and approval. o:ywood\oi 0407 orludo ltr.doc Kimley-Horn Mr.Dominic Orlando,P.E.,January 8,2007,Page 5 and Associates, Inc. Task 5 - Permit Submittals All permit fees will be paid directly by the City and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination will be considered as Additional Services. It is anticipated that the consultant will submit permit applications and supporting documentation for this phase of the improvements to the following agencies: 5.1.1 Broward County Environmental Protection Department 5.1.2 Broward County Traffic Engineering 5.1.3 City of Dania Beach Our coordination with Broward County Environmental Protection Department (DPEP) is limited to submitting plans for informational purposes. Therefore, any requirements from DPEP for permitting and water quality/quantity improvements or calculations will be treated as an additional service. ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 5. These services may include but are not limited to such items as the following: 1. Preparation of right of way acquisition sketches or descriptions 2. Surveying Services 3. Drainage Design 4. Traffic counts or undertaking other traffic related analysis 5. Hardscape design 6. Lighting design 7. Geotechnical Engineering 8. Utility Relocations 9. Construction Phase Services COMPENSATION KHA will perform the services described in the Scope of Services for a lump sum fee of$20,000. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. Payment will be due within 25 days of the date of the invoice. 0:\jwoad\01 04 07 orl:mdo Itr.doc Kimley-Horn Mr.Dom rk Orlando,P.G..January 8,2007,Page G and Associates, Inc. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to The City of Dania Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty(60) days after the date of this letter. Sincerely, KIMLIY AND ASSOCIATES, INC. - � FlRd�ussed 4iBarnes, III, P.E. Joliette Woodson, P.E. Principal Project Manager Attachments: Standard Provisions City if Dania Beach, A Florida Municipality Corporation A EST: ,, &) LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR IVAN 116d0// CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE AND CORRE TNESS OF SERVICES" THO AS JJ �4VR6 MINIC F. ORLANDO, P.E. PUBLIC SERVICES DIR. Official Seal: 0:\jwood\O1 04 07 orlando Itr.doc