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HomeMy WebLinkAboutR-2012-171 - Executed an Agreement with Metric Engineering, Inc., to provide Landscape Planning, Inspection & Grant Services not to Exceed $29,000.00 RESOLUTION NO. 2012-171 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 the established monetary threshold 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 Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection(a), sets the monetary threshold or limitation at$25,000.00; 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, was awarded an Urban and Community Forestry grant in November, 2011 for $10,000.00 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 an 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; 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; 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 an 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 was planned and is available in the approved 2012/13 General Fund budget of the General Fund, Community Development Department, Professional Services Account #001-15-01-515-31-10 and in Landscape Review Recovery Account#001-15-01-515-31-36. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. # -2 RESOLUTION 2012 171 Section 4. That this Resolution shall be in full force and take effect retroactively on October 1, 2012 with the start of the new City fiscal year approved budget. PASSED and ADOPTED on December 11, 2012. ATTEST: LOUISE STILSON, C IC WALTER B. DUKE, III CITY CLERK MAYOR S FIRST r��Y APPROVED AS T O D CORRECTNESS: 0�0 THOMA J. SBR gyp, CITY ATTO Y 3 RESOLUTION#2012-171 AGREEMENT THIS IS AN AGREEMENT (the"Agreement") entered into on , 2C_, between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Metric Engineering, Inc., a Florida corporation (the "Consultant"), with an address of 13940 S.W. 136t' Street, Suite 200, Miami, Florida 33186. 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 November 20, 2012, for landscape planning, inspection and grant services; 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 Exhibit"A". 2. Subcontracts. It is expressly agreed to by the parties, that the City shall approve in advance in writing any sub-consultants and the fees to be paid them by Consultant,prior to any such sub-consultant 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. 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. 4 RESOLUTION#2012-171 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 Licenses,Permits and Fees a In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee, Consultant will have to pay the City before or during the Work, items or services to be provided or the percentage method or unit method of all licenses, permits and fees required by the City and payable to the City by virtue of the Work, items or services as part of this Agreement are as follows: b. Consultant shall have and maintain during the term of this Agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. There will not be any percentage reduction or waiving of City licenses, fees (or business tax receipts, if applicable). C. During the performance of this Agreement, there may be times when Consultant will be required to obtain a City permit for such Work, or in connection with the items or services. It is the responsibility of Consultant to insure that it has the appropriate City permits as may become necessary during the performance of this Agreement. Any fees related to the City required permits in connection with the Contract will be the responsibility of Consultant. 5. Indemnification of City. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses(including economic losses), or costs arising out of any actual or alleged: a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of its use or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable in the performance of the work; b. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Consultant in the performance of the work; C. liens, claims, actions made by the Consultant or other party performing the work; d. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to Contract or in an attempt to collect monies due or claimed to be due to the City. 5 RESOLUTION#2012-171 6. 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) in addition to assure the City of coverage of the indemnification specified in this Agreement. The City shall be included as a "named" insured under this policy, and Owner shall be provided a certificate of insurance evidencing coverage and named insured status on the policy. 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 or its employees, and Employers' Liability with a minimum limit of One Hundred Thousand Dollars ($100,000.00)each accident per employee. 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 shall be included as a "named" insured under this policy, and Owner shall be provided a certificate of insurance evidencing coverage and named insured status on the policy. d. Comprehensive Automobile Liability insurance shall be maintained with not less than One Million Dollars ($1,000,000.00) per person, per accident, and coverage is to include coverage for hired, owned, and non- owned vehicles. The City shall be a "named" insured under this policy, and Owner shall be provided a certificate of insurance evidencing coverage and a named insured status on the policy. e. If Consultant hires a sub-consultant for any portion of any work, then such sub-consultant shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). The City is to be a "named" insured with respect to any claims arising out of this Agreement, and Owner shall be provided a certificate of insurance evidencing coverage and a named insured status on the policy. 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. All certificates must clearly identify the 6 RESOLUTION#2012-171 contract to which they pertain, including a brief description of the subject matter of the contract. 7. 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. 8. 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 pertaining to this Agreement, and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 9. 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. 7 RESOLUTION#2012-171 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. 10. 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 sub-consultants or sub-consultants) 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 sub-consultants. 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. 11. 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, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach, Florida 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 8 RESOLUTION#2012-171 12. 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. 13. Governing. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 14. 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. 15. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 16. 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. 17. 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. 18. 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 concerningthe subject matter of this Agreement that are not �' g J t�' 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. 19. Consultant and its employees and agents shall be and remain independent Consultants 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 sub-consultants of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 20. 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 9 RESOLUTION#2012-171 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. 21. 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. 22. 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. 23. 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 first above written. CITY: ATTEST: CITY OF DANIA BEACH,FLORIDA a Florida Municipal Corporation LOUISE STILSON, CMC WALTER B. DUKE, III CITY CLERK MAYOR 10 RESOLUTION#2012-171 ROBERT BALDWIN CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 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 20_, 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 11 RESOLUTION#2012-171 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 11, 2012 ; TO: Robert Baldwin, City Manager VIA: Marc LaFerrier, AICP, Direc r ;/ FROM: Corinne Lajoie,AICP, LEED Green Associate, Principal Planner aW REQUEST: CD-61-12: The Community Development Department is requesting approval of an agreement between the City and Metric Engineering for landscape planning and inspection consulting services for Code Compliance, Building and Planning Divisions in an amount not to exceed $29,000 without competitive bidding. The City of Dania Beach's City Charter authorizes the City Manager to purchase supplies, services, equipment and material 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. Staff has determined that it is likely that landscape and inspection consulting services from Metric Engineering, Inc. will likely exceed $25,000 in the coming year to various Departments within the City, predominantly for services provided to Community Development Department. Recent fee restructuring has changed the method by which we contract and pay for consulting services. As such, what was previously collected as and paid for from a cost recoverable account is now budgeted as planning revenue and landscape consulting expenses. The City Commission approved budgeted amounts in the Community Development Departments Professional and Consulting Service accounts 31-36 and 31-10 totaling $29,000 for landscape consulting services. The Community Development Department has existing, on-going City grants that require the use of landscape consulting services in order to meet a combination of timing and compliance requirements. As such, the Community Development Department is requesting approval of an agreement between the City and Metric Engineering for Landscape Planning and Inspection consulting services for the Code Compliance, Building and Planning Divisions in an amount not to exceed $29,000, without competitive bidding. STAFF RECOMMENDATION Approve. METRIC ENGINEERING November 20,2012 Corinne LaJoie,Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Subject: Proposal for Landscape Consultant Services Ms.Laloie: 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 request for this proposal. Scope of Work Metric proposes to provide landscape consultant services to the City, through various departments, under three 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 timeframes. 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 dsca p 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. 1AFTRIC PLAZA- CORPORATE HEADG7Lf AR7ERS 13940 S.W.136 Street,Miami,FL 33186 Design:Suite 200-CEI:Suite i 07 Phone:(-0£)235-50W-Fax(305)251-5894 Actt.&Personnel Fa;-.(305)235-5271 www metmt-ng.com November 20, 2012 Landscape Consultant Services page 2 of 2 City of Dania Beach 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. Deliverables Metric will provide copies of all plan review findings and other required documentation whip will format unless otherwise requested,with the exception of Tree Removal License applications, be returned to the City in original hard copy form. Fee d scope of services on a hourly basis,with the following loaded Metric will perform the above reference 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. Michael McCoy Director, Environmental Services