HomeMy WebLinkAboutR-2011-110 - Authorized Officials to Execute an Agreement with Metric Engineering, Inc. not to exceed $29,000.00 for Landscape Planning, Inspection & Grant Services RESOLUTION NO. 2011-110
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH METRIC ENGINEERING, INC, TO
PROVIDE LANDSCAPE PLANNING, INSPECTION AND GRANT
SERVICES FOR AN AMOUNT NOT TO EXCEED $29,000.00, WITHOUT
COMPETITIVE BIDDING AND WITHOUT 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), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $25,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission; and
WHEREAS, the Administration has determined that it is likely that landscape and
inspection consulting services from Metric Engineering, Inc. will likely exceed $25,000.00 in the
coming year for services provided to the Community Development Department; and
WHEREAS, the Community Development Department on behalf of the City, has been
awarded an Urban and Community Forestry grant that requires the use of landscape consulting
services in order to meet a combination of timing and compliance requirements; and
WHEREAS, the Community Development Department is requesting a waiver of the
competitive bidding process and the approval of an Agreement between the City and Metric
Engineering, Inc. in an amount not to exceed $29,000.00, for the following activities:
1) Landscape plan review funded through fees collected in the general fund during the
development review application process outlined in the Dania Beach Land
Development Code Article 276. Landscaping Requirements; and
2) Landscape inspection and plan review funded through fees collected in the general
fund during the landscape / zoning permit process outlined in the Dania Beach Land
Development Code Article 276. Landscaping Requirements; and
3) Tree violation and removal inspections funded in part by fees collected in the general
fund associated with tree removal permits as outlined in the Dania Beach Land
Development Code Article 826. Tree Preservation; and
4) Professional consulting services associated with activities outlined in the Urban and
Community Forestry grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute the Agreement
between the City and Metric Engineering, Inc. for landscape planning and inspection consulting
services as outlined in the Agreement with its proposed scope of services, both of which are
attached to this Resolution and incorporated into it by this reference as composite Exhibit"A".
Section 2. That funding for this landscape consulting service agreement is available in
the City Manager's Recommended 2011/12 General Fund, Community Development Department
budget appropriation in Professional Services Account #3110 and in Landscape Review
Recovery Account#3136.
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 full force and take effect upon adoption and
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passage of the City General Fund 2011-12 approved budget.
PASSED and ADOPTED on September 27, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLUR
CITY CLERK MAYOR
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APPROVED AS TP FO AND CORRECTNESS:
THOMAS I SB O
CITY ATTO EY
ATE 1
2 RESOLUTION#2011-110
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on ,
2011, between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City")
and Metric Engineering, Inc., a Florida corporation (the "Consultant").
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and for 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 engineering consulting
services for the City of Dania Beach in accordance with the Scope of Services within its proposal
(the "Proposal") dated August 26, 2011, a copy of the Proposal and scope of services are
incorporated into and made a part of this Agreement by this reference and is attached as
composite Exhibit "A". The Parties acknowledge and agree that services are to commence or
will commence on 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 to 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 engineering consulting services provided
by Consultant, as described in Exhibit "A", an agreed upon sum in an amount not to exceed
Twenty-Nine Thousand Dollars ($29,000.00) (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, 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.
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shall submit its invoices in the format and with supporting
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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 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 Consultant, its agents, servants or employees in the performance
of services under this Agreement. If called upon by the City, the Consultant 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
Consultant. 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 Consultant's
responsibility to indemnify the City.
B. It is specifically understood and agreed that the consideration inuring to
the Consultant 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 Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
4 RESOLUTION#2011-110
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 named 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. The City is to be named as an
"additional insured" with respect to any claims arising out of this
Agreement.
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). The City is to
be named as an "additional insured" with respect to any claims arising out
of this Agreement.
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
5 RESOLUTION#2011-110
City may carry in its own name. All certificates (of insurance) must clearly
identify the contract to which they pertain, including a brief description of
the subject matter of the contract.
6. Assignment of Agreement. 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 (the "Supporting Consultants"). The Consultant agrees to
use its best efforts to coordinate its services with the services of the Supporting Consultants and
further agrees that in the event the rendition of any services of any of the Supporting Consultants
is delayed, such delay will not entitle the Consultant to any additional compensation or payment
of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or
be entitled to payment of any kind from the City, for damages or expenses incurred which are
direct, indirect or consequential or other costs and lost profits of any kind including, but not
limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other
delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether
such delay, disruption or interference be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,
bad faith or active malicious interference on the part of the City. The Consultant shall only be
entitled to extensions of time for performance as the exclusive and sole remedy for delay.
7. Examination of Records. Consultant shall maintain books, records, documents
and other evidence directly pertinent to performance of work under this Agreement in accordance
with generally accepted accounting principles and practices. The Consultant shall also maintain
the financial information and data used by the Consultant in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to
such books, records, documents and other evidence for inspection, audit and copying during
normal business hours. The Consultant will provide proper facilities for such access and
inspection. Audits conducted under this section shall observe generally accepted auditing
standards and established procedures and guidelines of the City. The Florida Public Records
Act, Chapter 119 of the Florida Statutes, may have application to records or documents
6 RESOLUTION#2011-110
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 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.
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
7 RESOLUTION#2011-110
independent professional subconsultants. If City alters any such documents, City will expressly
acknowledge same so that no third party will be in doubt as to the creation or origination of any
such document.
10. Notices. Except as provided above, whenever either party desires to give notice to
the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective persons and places for giving of notice:
City: Robert Baldwin, 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 Boulevard
Dania Beach, Florida 33004
Consultant: Metric Engineering, Inc.
Attn: Michael McCoy, Director of Environmental Services
13940 S.W. 136th Street
Miami, Florida 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 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 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.
8 RESOLUTION#2011-110
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this
reference.
16. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full
force and effect, and shall be enforced to the fullest extent permitted by law.
17. All Prior Agreements Superseded. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements and understandings applicable to
the matters contained in this Agreement and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, it is agreed that no deviation from the terms of this
Agreement shall be predicated upon any prior representations or agreements, whether oral or
written.
18. Consultant and its employees and agents shall be and remain independent
contractors and not employees of City with respect to all of the acts and services performed by
and under the terms of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking, enterprise or venture
between the parties to this Agreement. All agents, employees and subcontractors of the
Consultant retained to perform services pursuant to this Agreement shall comply with all laws of
the United States concerning work eligibility.
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
9 RESOLUTION#2011-110
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).
10 RESOLUTION#2011-110
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
ROBERT BALDWIN
CITY MANAGER
AS TO SCOPE OF WORK:
BOB DANIELS, DIRECTOR
OF COMMUNITY DEVELOPMENT
APPROVED FOR FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
11 RESOLUTION#2011-110
CONSULTANT:
METRIC ENGINEERING, INC.,
a Florida corporation
WITNESSES:
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on 2011, by
, as of Metric Engineering, Inc., a Florida corporation, on
behalf of the corporation. He/she is personally known to me or produced
as identification and did (did not)take an oath.
NOTARY PUBLIC
My Commission Expires: State of Florida
12 RESOLUTION#2011-110
0��METRIC
r;: ENGINEERING
August 26, 2011
Corinne Laloie, Principal Planner
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Subject: Proposal for Landscape Consultant Services
Ms. LaJoie:
Metric Engineering, Incorporated (Metric) is pleased to provide the following proposal to the City of
Dania beach (City) to provide continued landscape consultant services. Our understanding of this
project is based on our experience with this contract and your August 25,2011 request for this proposal.
Scope of Work
Metric proposes to provide landscape consultant services to the City, through various departments,
under two main activity types as follows:
1. Cost Recovery Services
This scope item includes landscape consulting services pertaining to the review of submittals
provided to the City through the site plan review process. Typical scope items include reviewing
and providing comments on proposed Landscape plans for compliance with the City code and
industry standards; reviewing and providing comments on proposed site plans and related
development plans for compliance with landscape codes; attending City Development
Committee Review Meetings; conducting inspections of newly installed landscaping(planted to
satisfy approved landscape plan requirements) in order to provide City approval, including pre-
construction meetings and interim inspections as needed. All reviews will be conducted in a
timely manner and in within City requested time#rames:
2. Non Cost Recovery Services
This scope item includes review and processing of tree removal license applications (including
field reviews), providing technical support on landscape issues for the City's Code Compliance
Unit, providing technical support on landscape issues on an as-needed basis for the Community
Development Department. Metric will accommodate the schedule of the City for these tasks
with availability for field of office meetings within two business days and emergency field
inspections within 24 hours.
In order to maintain high standards of service, Metric will maintain staff certifications as
Certified Florida Landscape Inspectors and Certified Arborists,for providing technical support as
needed.
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Landscape Consultant Services August 26, 2011
City of Dania Beach Page 2 of 2
Deliverables
Metric will provide copies of all plan review findings and other required documentation in electronic
format unless otherwise requested, with the exception of Tree Removal License applications, which will
be returned to the City in original hard copy form.
Fee
Metric will perform the above referenced scope of services on a hourly basis,with the following loaded
rates(all travel and overhead expenses included):
1, Cost Recovery Services:$100/Hour
2. Non Cost Recovery Services:$75/Hour
Authorization
Please provide a City authorization that incorporates this proposal in regards to scope and cost. If you
have any questions about this proposal please let me know.
Sincerely,
Metric Engineering,Inc.
_ o
t '
Michael McCoy
Director, Environmental Services
1