HomeMy WebLinkAboutR-2007-057 Metric Engineering FM Construction Services Dania Beach Boulevard force main project RESOLUTION NO. 2007-057
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A WORK AUTHORIZATION FOR
METRIC ENGINEERING, INC. IN THE AMOUNT OF $24,985.00 FOR
ENGINEERING SERVICES RELATED TO CONSTRUCTION OF THE
DANIA BEACH BOULEVARD FORCE MAIN PROJECT; 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 City Commission adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan; and
WHEREAS, Dania Beach Boulevard Force Main improvements were identified in the
Water, Wastewater and Stormwater Facilities Plan; and
WHEREAS, the new force main (and water main) are being designed in conjunction
with the FDOT Dania Beach Boulevard roadway project using FDOT's engineer, Metric
Engineering, Inc.; and
WHEREAS, on January 26, 2007 the City received bids for construction of the Dania
Beach Boulevard Force Main Project; and
WHEREAS, the City solicited a proposal from Metric Engineering to perform
engineering services during construction at a cost not to exceed $24,985.00; and
WHEREAS,the source of funds for the project is anticipated to be SRF funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing WHEREAS clauses are true and correct and are
incorporated by this reference.
Section 2. That the City Commission approves a Work Authorization for Metric
Engineering to perform engineering services during construction at a cost not to exceed
$24,985.00 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 SRF funds.
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 loan 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provisions of this Resolution are repealed.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 this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on March 14, 2007.
r� A OL,
PATRICIA FLURY
MAYOR—COMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T�FORM AND CORRECTNESS
BY:
Ti4oMAs i ANSBRO
CITY ATTORNEY
2 RESOLUTION 42007-057
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on JYJ�}/�C�{ c� , 2007,
between: the City of Dania Beach, Florida, a municipal corporation, (the "City") and Metric
Engineering, 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 onl)MR d -19 7 20y lnd that that date is the effective date and commencement
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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,a not to exceed amount of Twenty Four Thousand,Nine Hundred Eighty Five
Dollars($24,985.00) (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).
Page 2 of 8
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 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 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, 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 andother
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
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Roland A. Rodriguez, P.E.
S. Florida CEI Client Manager
Metric Engineering, Inc.
13940 SW 136 Street, Suite 107
Miami, FL 33186
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 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 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
Page 5 of 8
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).
Page 6 of 8
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
year first above written.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST: y
LOUISE STILSON, CMC PATRICIA FLURY
CITY CLERK MAYOR-COMMISSIO
IVAN P T , CITY MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTNESS: SERVICES"
THOMAS . AI SBRO bOMINIC ORLANDO, P.E.
CITY A ORNEY PUBLIC SERVICES DIRECTOR
Page 7 of 8
CONSULTANT:
Signed, sealed and delivered Metric Engineering, Inc.
in the presence of:
f 1.�By:
W mess r
CARLOS A. DUART
Witness Print Name
PRESIDENT
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on 2007, by
0A,4?-L06 Lzt'lAET as z?4&65iDEna7- of Metric Engineering,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.
NARY PUBLIC. State of Florida
i
My commission expires:
Morella Gui6an
=s FLN� Ccvoissioo#DD353547
1',- E�ires SEP. 08, 2008
Bonded 7'hru
Atlantic Bcadiog Co.,Isc.
Page 8 of 8
METRIC
ENGINEERING
February 15, 2007
Dominic F. Orlando, P.E.
Director of Public Services
City of Dania Beach
P.O. Box 1708 Via Fax: E-mail &Regular Mail
Dania Beach, FL 33004
RE: SR AIA (Dania Beach Blvd.) 16" Force Main
Subject: Scope of Services and Fee proposal
Dear Mr. Orlando:
Metric Engineering, Inc. (Metric) is pleased to provide this Scope of Services and Fee proposal
for the SR AIA (Dania Beach Blvd.) 16" Force Main Construction project.
Scope of Services
Metric will provide post design services and necessary periodic inspection for the construction of
a 16" force main, along SR AIA (Dania Beach Boulevard) from SE 2nd Ave. to SE 51h Ave., a
total distance of approximately 2100 LF. These services will include periodic inspection for the
16" force main, review shop drawings, and respond to R.F.I.
This proposal does not include utility survey or permit fees.
Fee Proposal Summary
16 "FM Construction Inspection (263 hrs x $95/hr) $ 24,985.00
TOTAL $ 24,985.00
Any work additional to the scope of services will be negotiated with the client at the unit rates
established by this contract.
Mr. Dominic F. Orlando, P.E. February 15, 2007 Page two
If you find this proposal acceptable, please sign the original of this Agreement in spaces
provided below and return one (I) fully executed copy for our files which will serve as your
formal authorization for our services.
If you should have questions or need additional information please do not hesitate to contact me
at (305) 235-5098.
Sincerely,
Metric Engineering, Inc.
J
Roland A. Rodri uez, P.E.
S. FL. CEI Client Manager
ACCEPTED AND AGREED:
Client: City of Dania Beac
By: ,
Ivan Pat&, City Manaaer
litle:
Date: 5 'E�i�/
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