HomeMy WebLinkAboutR-2007-037 Chen Neighborhood Improvement Project RESOLUTION NO. 2007-037
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND
ASSOCIATES RELATING TO THE NEIGHBORHOOD IMPROVEMENT
PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL
NOT EXCEED TWO HUNDRED THIRTY-EIGHT THOUSAND TWO
HUNDRED NINETY TWO DOLLARS ($238,292.00); 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 certain agreement with Chen and Associates, Inc. in an amount not to
exceed Two Hundred Thirty-Eight Thousand Two Hundred Ninety Two Dollars ($238,292.00)for
services relating to neighborhood improvements throughout the City,as such services are identified
in the proposal in substantial form as Exhibit "A", attached, is approved and the appropriate city
officials are authorized to execute it to be funded from the General Obligation(G.O.)Bond proceeds.
Section 2. That the Finance Director is authorized to appropriate funding from the G.O.
Bond Fund for such service.
Section 3. That the City Manager and the 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 4.. That all Resolutions in conflict with this Resolution are repealed to the
extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 14, 2007.
PATRICIA FLURY
MAYOR-COMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS F+ RM AND CORRECTNESS:
BY: l ,
TH M S l . SBRO
CITY ATTORNEY
2 RESOLUTION #2007-037
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on February , 2007,
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:
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 apart of this Agretment by this reference. The Parties acknowledge and agree that services are
to commence on Tmr 2~ 2411d 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 Two Hundred Thirty Eight Thousand
Two Hundred Ninety Two Dollars ($238,292.00) (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.
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).
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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 Oscar R. Bello,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
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
Page 3 of 8
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
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:
Page 4 of 8
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
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Chen and Associates Consulting Engineers, Inc.
Attention: Ben H. Chen, P.E., D.E.E.
500 West Cypress Creek Rd Suite 410
Fort 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
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.
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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.
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CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
CA
LOUISE STILS*CM, PATRICIA FLURY
CITY CLERK MAYOR f
I%NN PAT061
CITY MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTNESS: SERVICES"
THOMAS J. -B b DOMINIC F. OkLANDO, P.E.
CITY ATTORNEY PUBLIC SERVICES DIRECTOR
Page 7 of 8
CONSULTANT:
Signed, sealed and delivered
in the p e
Wi s
Oscar R. Bello
Wi ess Print Name
Project Manager
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on ' �Uc�� ,2007,
by Oscar R. Bello as Project Manager of Chen and Associates Consulting Engineers,Inc.,a Florida
corporation, on behalf of the corporation. He is periaTry known'[a- me or produced
as identification and-didrd-mrtj-ta an oath.
ARY PUBLIC, State of Florida
My commission expires: 4e"0K, Jason Mcciair
MY Commission DD238655
?orti Expires November 16,2007
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
for
Chen and Associates,Inc
Proposal for
NEIGHBORHOOD IMPROVEMENT PROGRAM (NIP)
February 2007
I. BACKGROUND
In March 2005, voters in the City of Dania Beach approved the bond referendum. The Dania
Beach City Commission created the Neighborhood Improvement Advisory Board. The
board was given the task to prepare a final report identifying projects and initiatives which
address the neighborhood needs. The scope of the projects under the Neighborhood
Improvement Program will cover sidewalks, traffic calming, and street lighting.
Chen and Associates was selected by the City of Dania Beach to provide professional
engineering services for its' Neighborhood Improvement Program. The general scope of
services includes the following:
e Street Lighting Layout and Design;
® Sidewalk Layout and Design;
® Traffic Calming Study and Design;
m Bidding Services;
® Construction Observation; and
® Public Awareness
Based on the NIAB recommendation, the projects should be completed by June 2008.
However, the City requested that the projects be expedited. Chen and Associates anticipates
completing the design of all the listed projects within 5 months and 9 months for
construction. This approach will have the last project completed ahead of schedule.
II. BASIS OF SCOPE
1. This scope does not cover survey or geotechnical investigation. Although we do not
anticipate the need of a survey, if a survey is required to identify the private property
lines, obstructions, and encroachments, Chen and Associates will request a proposal at
the City's expense.
2. This scope does not include permitting.
III. SCOPE OF SERVICES
Please refer to the list of identified projects.
Page 1 of 3
February 2007
PROJECT
NO. NEIGHBORHOOD STREET PROJECT SCOPE
1 LeBea„u Acres'' SW,24 Ave Sidewalk§,1raffic calmirig;'and;lighting
2 Le eau Acres SW 58 Manor Sidewalks, traffic calming, and lighting
3`: 'CeBeauAcres ' SW,�54`Ave Sidewalks,trafficcaimrng'dnd ligltrng
4 Meli Park Area SW 28 Terr Sidewalks, traffic calming, and lighting
5 David Isles HOA w. SW_39 Ave Sidewalk
6 Gold Coast Twin Villas SW 4 ._
3 Terr Sidewalks traffic calming, and lighting
1o0dland Lana , Woodland Lane Lighting
m. .
8 Avon Heights SW 46 Court Lighting
9 Avon He hts SW 26 Terr>> Traffic calming'and lighting';
10 Avon Isles SW 33 Ave Sidewalks, traffic calming, and lighting
„SW 40,Ave SW u40 Ave Sidewalks,traffic calming;and lighting.. :
12 Melaleuca Gardens NW 7 Ave Sidewalks and Lighting
13„ Melaleur a Gardens NW 10 Ave Sidewalks,traffic calming',and lig_,ing ,
14 College Gardens Phippen-Waiters Rd Traffic calming
15 Royal Palm Vista NE 3 St Sidewalks .traffic calmrrrg,`and hghtrng :"
Task LLighting Plans and Specifications
Consultant shall prepare lighting plans and specifications for the identified street light
projects. The construction documents will include location, type, and height of proposed
lighting. The services involve site visits by Consultant to assure location with minimal
obstruction and conflicts. The scope does not include preparing a photometric plan.
Task 2.Sidewalk Plans and Specifications
Consultant shall prepare concrete sidewalk plans and specifications for the identified
sidewalk projects. The construction documents will include location, thickness, and
coordination with residents. The services involve site visits by Consultant to assure location
with minimal obstruction and conflicts with encroachments.
Task 3.Traffiic Calming Plans and Specifications
Request speed and volume studies: Chen and Associates will meet with Broward County
Traffic Engineering to describe the purpose and scope of the traffic calming projects to be
conducted in Dania Beach. We will request that Broward County conduct speed and volume
studies on the identified local streets to create a database for determining the locations and
appropriate treatments for traffic calming. It is assumed that these studies will be conducted
at no cost to the City of Dania Beach or Chen and Associates.
Data Analysis: Chen and Associates will summarize and evaluate the speed and volume
measurements on the identified local streets as provided by Broward County. We will use
guidelines provided by Broward County and by local Cities who have developed Traffic
Calming programs to identify the streets where Traffic calming Treatments should be
installed. We will prepare a tentative set of recommendations to summarize these findings.
Page 2 of 3
February 2007
Upon justification of traffic calming devices, Consultant shall prepare traffic calming plans
and specifications. The construction documents will include location, dimensions, and
coordination with residents. The services involve site visits by Consultant to assure location
with minimal conflicts with encroachments and obstructions with driveways.
Task 4. Cost Estimate
Consultant shall prepare a cost estimate of each project. The cost estimate shall consist of
MOT, complete installation, and material.
Task 5. Construction Administration
Consultant shall provide construction services as follows: preparation of post-approval bid
documents, assistance in contractor bidding and selection, pre-construction conference
attendance, general observation of the work (up to 6 hours per week), review of material shop
drawings, review of contractor pay requests, and statement of work completion, and review
and submittal of "as-built" drawings prepared by a registered land surveyor. It is estimated
that all construction will last approximately 36 weeks.
Task 6. Reimbursables
Consultant shall provide services, as necessary, to assist the City in the preparing plans,
coordination or other requested tasks to facilitate successful completion of the Project. Costs
incurred in providing these services shall be reimbursed.
IV. DELIVERABLES
Deliverables are described in the Scope of Services.
V. FEE AND SCHEDULE
From the Notice to Proceed and receipt of all documents requested from the City, Chen and
Associates will complete the design phase of all the projects within 150 Calendar Days.
FEE SUMMARY
TASK LUMP
NUMBER TASK SUM FEE
Task 1 Lighting Plans and Specifications $45,740
Task 2 Sidewalk Plans and Specifications $61,040
Task 3 Traffic Calming Plans and Specifications $52,280
Task 4 Cost Estimates $25,680
Task 5 Construction Administration (9 months) $51,552
Task 6 Reimbursables $2,000
TOTAL FEE
$ 238,292
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February 2007