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HomeMy WebLinkAboutR-2011-035 - Agreement with Craven Thompson & Associates for Civil Marine Engineering Services for City Marina RESOLUTION NO. 2011-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES WITH CRAVEN THOMPSON & ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES ASSOCIATED WITH THE RE-DESIGN OF THE CITY OF DANIA BEACH MARINA FOR AN AMOUNT OF $469,543.00; 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 that certain Agreement with Craven Thompson & Associates, Inc., attached in substantial form as Exhibit "A" is approved, in connection with the re-design of the Dania Beach Marina and the proper City officials are authorized to execute such Agreement in an amount of$469,543.00. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That City has already secured other project funding from: 1)the Florida Inland Navigation District in the amount of$96,000.00;2)Broward County Boating Improvement District in the amount of$96,250.00;and 3)City Capital Improvement Fund appropriations in the amount of $96,000.00 and will appropriate $181,293.00 from City General Fund unreserved fund balance. Section 4. That all Resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 April 12, 2011. ATTEST: " � �o�ARn s LOUISE STILSON, CMC 0 = � PATRICIA A. FLURY CITY CLERK MAYOR-COMMISSIONER 1 A'IEO 1� APPROVED AS TO F RM AND CORRECTNESS: a,,� / THO S J. A RO CITY A ORNEY 2 RESOLUTION#2011-035 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 Craven Thompson&Associates, Inc., a Florida corporation(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 within the Proposal Number 2010-130.386(Revised)dated March 15, 2011, for the Civil Marine Engineering Services for Feasibility Study, Planning and Construction of Dania Beach Municipal Marina Project,described in Exhibit"A",a copy of which is attached, incorporated in and made a part of this Agreement by this reference. 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 services provided by Consultant, as described in Exhibit"A",an agreed upon sum in an amount not to exceed Four Hundred Sixty Nine Thousand Five Hundred Forty Three Dollars ($469,543.00) (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. 3 RESOLUTION#2011-035 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 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. 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' 4 RESOLUTION#2011-035 Compensation insurance, Comprehensive General liability and Automobile insurances 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. The City shall be included as a "named insured" under this 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'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 a"named 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). 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 (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. 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 5 RESOLUTION#2011-035 City. The City is relying upon the apparent qualifications and expertise of , one of Consultant's principals, 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 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 (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 RESOLUTION#2011-035 hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records,or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant 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 P p P g 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. Ownershin 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 7 RESOLUTION#2011-035 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: City: Ro bert obert 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: Craven Thompson&Associates, Inc. Attn: Thomas McDonald, President 3563 NW 53 d Street Fort Lauderdale, Florida 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 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#2011-035 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 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 9 RESOLUTION#2011-035 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#2011-035 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-COMMISSIONER ROBERT BALDWIN CITY MANAGER AS TO SCOPE OF WORK: COLIN DONNELLY ASSISTANT CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 11 RESOLUTION#2011-035 CONSULTANT: CRAVEN THOMPSON & ASSOCIATES, 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 Craven Thompson & Associates, 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#2011-035 March 15, 2011 - LbMLTM (GAF' E, �3�t Mr. Colin Donnelly Assistant City Manager By_ City of Dania Beach 100 Dania Beach Boulevard Dania Beach, Florida 33004 RE: DANIA BEACH MARINA CIVIL MARINE ENGINEERING SERVICES FOR FEASIBILITY STUDY, PLANNING AND CONSTRUCTION OF DANIA BEACH MUNICIPAL MARINA CRAVEN 1HOMPSON DANIA BEACH, FLORIDA CT&A PROPOSAL NO. 2010-130.386(REVISED) Dear Mr. Donnelly: The firm of Craven Thompson & Associates, Inc. is pleased to provide the following proposal for Professional Surveying, Engineering, Landscape Architectural, Geotechnical, Architectural, and Environmental Services for the proposed improvements to the Dania Beach Marina. &ASSOCIATES INC. I. SURVEYING SERVICES Engineers Planners Surveyors 1.1 Prepare Marina Topographic Survey (CTA Task No. 11210) Prepare a Topographic Survey to include the uplands, marina basin and portion of Intracoastal Waterway as depicted on the attached Exhibit'A'to include the following: • Prepare calculations covering the project area based on plats, right of way maps, tiff deeds, coastal construction control line. Prepare boundary calculations based on legal description and previous surveys to be provided by client. Recover boundary/government survey control points and establish a survey baseline along the southerly and easterly boundaries of the marina in a convenient location that will be used for the initial topographic data collection, survey stakeout of the proposed facilities and as-built data collection during the construction phase of the project. Baseline reference points will be set outside the limits of construction for ease in replacement of the baseline. • Establish site benchmarks along the baseline at a minimum 3563 N.W.53rd Street of 500-foot stations for topographic data collection, Fort Lauderdale,FL 33309-6311 stakeout and as-built control purposes. (954)739-6400 Fax(954)739-6409 West Palm Beach Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 2 • Location and elevations of all aboveground visible improvements within the project limits as described above, including buildings, driveways, pavement, walkways, fences, signs, etc. • Location of all aboveground and visible utility features, water meters, valves, fire hydrants; storm or sanitary sewer structures in, or adjacent to the site, which will include the rim, invert elevations, pipe sizes and direction of flow, if visible, and not obstructed. • Obtain topography (elevations) and cross-sections at 50-foot stations, high and low points to depict existing conditions. • Locate all trees larger than three (3) inches in diameter at breast height, indicating size and species within the project limits. • Engage the services of a Hydrographic Survey sub-contractor to perform soundings in a 20-foot grid pattern of the Marina basin, the channel from the basin to the Intracoastal Waterway and that portion of the waterway as depicted on the attached Exhibit `A'. Perform supplemental topographic surveying to support the Hydrographic Survey in shallow areas and within the dock areas. • Utilize a Leica 3D laser scanner to capture topographic details of the underside of the existing bridge at the entrance to John Lloyd State Park to determine heights above the bulkheads and the water, and also to capture details of the existing floating docks and pilings. • The survey will be prepared in AutoCAD Version 2006 or higher, drawing file format, and will be delivered digitally and on 24" x 36" hard copies. LumpSum.................................................................................$21,600.00 Approximate time to complete:four (4) to six (6) weeks (weather permitting). Work will commence approximately one(1) week after the Notice to Proceed. II. GEOTECHNICAL SERVICES 2.1 Geotechnical Services (CTA Task No. 31006) Subsurface exploration for design / evaluation for the proposed seawall. In particular, the scope contains the following: • Fourteen (14) Standard Penetration Test (SPT) borings to a depth of 20 feet. • Two (2) SPT borings to a depth of 40 feet. CRAVEN 1HOMPSON&ASSOCIMES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 3 • Two (2) bore hole permeability tests (BHP) in accordance with South Florida Water Management Districts standards. • Upon completion of the field exploration, some laboratory testing and visual classifications will be performed on selected samples. The results of all drilling and laboratory testing will be evaluated by a geotechnical engineer. A report will be issued that contains the exploration data, soil parameters for the seawall design, and foundation recommendations for any buildings, and general construction recommendations. LumpSum.................................................................................$13,580.00 III. ENGINEERING SERVICES • Review proposed project development site to determine improvements for access to the Harbormaster's office as well as the parking and dock facilities. Review existing compliance with ADA requirements. • Obtain construction drawings and "As Builts" (if possible) for original seawall or bulkhead, marina dockage facilities, and Harbormaster's office to be incorporated in the proposed list of improvements within the project development site. • Prepare a preliminary design utilizing specified size limitations as determined during the initial review of the project, and provide additional recommendations including the following: a. ADA access along all public property and/or right-of-ways b. Decorative improvements along seawall for pedestrian access. • Review and meet with City staff regarding the appropriate ADA requirements required to integrate the operation of floating dockage with the landside and ancillary facilities including required signage. • Based on meetings with City staff, prepare a preliminary design concept to upgrade and improve facilities items. Along with preliminary design also prepare cost estimates for the associated work as follows: a. Streetsca e p b. Parking facilities • Attend four (4) presentations for the proposed improvements which are envisioned not necessarily in the following order: CRAVEN 1HOMPSON&ASSOCKES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 4 o City staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broword County Marine Advisory Committee • Prepare a schedule to perform the work for the following: a. Construction Documents b. Environmental Permits C. Bidding d. Construction Administration I. Construction Documents Based on the selections established during the conceptual design phase prepare drawings and technical specifications for the required work. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 100% completion. Construction documents shall include at least the following information: a. Design specifications including cross-sectional analysis. b. Hardscape/streetscape improvements for pedestrian or modifications and alterations to access to public property from dock and pier sites. C. Parking lot improvements/modifications as necessary. d. Water and sewer service for the proposed marine facilities. e. Erosion control analysis and plan preparation f. Preparation of written specifications. 2. Environmental Resource Permitting Based on the final approved construction documents specified in item No.1 above, provide a narrative description, time-table, and cost for required environmental permits. Reviews on progress with appropriate staff will be required at 60%completion, 90% completion, and 100% completion. Prepare and process engineering permits through the following agencies: a. U.S. Army Corps of Engineers CRKNEN 1HOMPSON &ASSOCIATES INC. Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 5 b. Florida Department of Environmental Regulation C. Broward County Environmental Protection Department d. City of Dania Beach Community Development Department e. South Florida Water Management District 3. Bidding a. Assist in preparation of bids b. Participate in pre-bid meeting C. Based on "City Standard Instructions to Bidders and General Conditions, etc., prepare front end documents. d. Issue agenda and clarifications as required e. Advise as to selection of contractor Lump Sum.................................................................................$95,000.00 IV. ENVIRONMENTAL SERVICES • Review proposed project development site to determine size limitations for each floating dock and/or pier. • Prepare environmental assessment, seagrass survey, sediment analysis, water quality analysis and flashing analysis. • Prepare a preliminary design utilizing specified size limitations as determined during the initial review of the project, and provide additional recommendations including the following: a. Selection of supplier for floating dock facility b. Selection of supplier for gangways C. Assist with the Lighting bollard concepts for floating dockage d. Website page for management of marina • Review and meet with City staff regarding the appropriate ADA requirements required to integrate the operation of floating dockage with the landside and ancillary facilities including required signage. CRKNEN IROMPSON&ASSOC119ES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 6 • Based on meeting with City staff prepare a preliminary design concept to upgrade and improve facilities items. Along with preliminary design also prepare cost estimates for the associated work as follows: a. Floating dockage b. Gangway C. Other ancillary facilities consistent with the scope of marina services • Present and attend the design concept using Photoshop AutoCAD or similar software. Hand renderings and/or PowerPoint may also be presented. Four (4) presentations are envisioned not necessarily in the following order: o City Staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broward County Marine Advisory Committee • Prepare environmental resource permit applications based on the 60% plans and City staff input for submittal to regulatory agencies for approval including the necessary exhibits, plans, and cross sections. • Process environmental resource permit applications with agencies including responses to Requests for Additional Information (RAls), revisions to plans, and based on the comments provided by city staff and agency staff. • All permit application fees to be provided by the City of Dania Beach. LumpSum.................................................................................$95,000.00 V. LANDSCAPE ARCHITECTURAL SERVICES • Prepare a conceptual design utilizing specified size limitations as determined during the initial review of the project, and provide additional recommendations including the following: a. Lighting bollard concepts for floating dockage in conjunction with Environmental consultant. b. Landscape design concepts including lighting CRKNEN IROMPSON&ASSOCIMES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 7 C. Hardscape/streetscape design concepts including ADA access along all public property and/or right-of-ways • Based on meeting with City staff to review the conceptual design, prepare a preliminary design to upgrade and improve facility items. Along with preliminary design prepare cost estimates for the associated work as follows: a. Site Plan b. Landscaping C. Streetscape d. Assist the Electrical Engineer with the Lighting concepts e. Assist the Architect with the signage concepts • The preliminary design will be presented using Photoshop AutoCAD or similar software. Assist with and attend presentation by providing the necessary landscape; and hardscape renderings as well as an entry signage feature to the marina. Hand renderings and/or PowerPoint may also be presented. Four (4) presentations are envisioned not necessarily in the following order: o City Staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broword County Marine Advisory Committee 1. Construction Documents Based on the approval of the preliminary design established in during the conceptual design, prepare construction drawings and technical specifications for the required work. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 1009/p completion. Construction documents shall include at least the following information: a. Site Plan for City review and approval b. Design specifications C. Hardscape/streetscape improvements for pedestrian access or modifications and alterations to access to public property from dock and pier sites. d. Landscaping improvements. CWNEN 1HOMPSON &ASSOCIPJES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 8 e. Irrigation improvements. f. Tree removal/relocation 2. Site Plan Approval Based on the final approved construction documents specified in item No.1 above, prepare applications and process a site plan through the City of Dania Beach including DRC, Planning and Zoning Board and City Commission approval. a. City of Dania Beach Community Development Department for Site Plan Approval 3 Permitting Following Site Plan approval, provide a narrative description, time-table, and cost for required permits. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 100% completion. Prepare and process permits through the following agencies: a. City of Dania Beach Zoning Division for Tree Removal Permit 4. Bidding a. Participate in pre-bid meeting b. Respond to bidder's questions LumpSum.................................................................................$34,600.00 VI. ARCHITECTURAL SERVICES • Review proposed project development site to review potential improvements to Harbormaster's Office, restroom and shower facilities, and available access for compliancy with ADA requirements. • Based on meeting with City staff to review the conceptual design, prepare a preliminary design to upgrade and improve facility items. Along with preliminary design prepare cost estimates for the associated work as follows: a. Harbormaster restroom design/ renovation. b. Harbormaster office building renovation. C. Entry features for dock facilities (Kiosks). CRAVEN 1ROMPSON &ASSOCIMES INC. Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 9 d. Schematic drawings for a new building containing restroom, locker and laundry facilities. • Assist with the presentation of the design concept will be presented using Photoshop AutoCAD or similar software. Prepare renderings for the proposed improvements including Harbormaster building, Kiosks at dock entrances, and potential restroom- laundry-locker facility. Hand renderings and/or PowerPoint may also be presented. Four(4) presentations are envisioned not necessarily in the following order: o City staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broword County Marine Advisory Committee 1. Construction Documents Based on the selections established in during the conceptual design prepare drawings and technical specifications for the required work. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 100% completion. Construction document shall include at least the following information: a. Design specifications. b. Kiosk Design C. Harbormaster renovation/improvements d. New Restroom/ Laundry/ Locker Room Facility e. New Monument Entry Feature 2. Permitting Based on the final approved construction documents specified in item No.1 above, provide a narrative description, time-table, and cost for required environmental permits. Reviews on progress with appropriate staff will be required at 60%completion, 90% completion, and 100% completion. Prepare and process permits through the following agencies: a. City of Dania Beach Building Department CRAVEN IROMPSON &ASSOCNES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 10 3. Bidding a. Participate in pre-bid meeting b. Advise as to selection of contractor Kiosk Design-Lumps Sum.........................................................$16,575.00 Harbormaster Building Modifications/Improvements............$21,110.00 New Laundry/Locker Room/Restroom Facility......................$35,280.00 New Entry Signage....................................................................$14,800.00 Permitting...................................................................................$7,400.00 Bidding........................................................................................$5,960.00 Presentations.............................................................................$3,600.00 TOTAL......................................................................................$104,725.00 VI1. STRUCTURAL SERVICES • Prepare a wall survey evaluating the existing condition of the seawall and bulkhead. This task includes a dive survey of the wall and an analysis of the existing conditions. • Prepare a report that will outline a recommendation for seawall replacement, or repair. 1. Construction Documents Based on the selections established after the initial report, prepare drawings and technical specifications for the required work. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 100% completion. Construction documents shall include at least the following information: a. Design specifications. b. Structural Design Plans for the Seawall Replacement or Repair. LumpSum.................................................................................$44,887.51 CRKNEN 1HOMPSON &ASSOCKES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 11 Vill. MECHANICAL SERVICES • Prepare a preliminary design utilizing specified size limitations as determined during the initial review of the project, and provide additional recommendations including the following: a. Lighting bollard concepts for floating dockage in conjunction with Environmental consultant. b. Selection of supplier for utilities for floating dockage (power modules, fire hose boxes, pump out facilities, etc.) C. Preparation of a Photometric Plan and Lighting Plan, as necessary. • Based on meeting with City staff prepare preliminary design concept to upgrade and improve facilities items. Along with preliminary design also prepare cost estimates for the associated work as follows: a. Power modules for dock slips b. Fire hose attenuation for docks C. Marine pump out system for dock slips d. Other ancillary facilities consistent with the scope of marina services • Attend four(4) presentations regarding the proposed facilities. The presentations envisioned for this project include: o City Staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broward County Marine Advisory Committee 1. Construction Documents Based on the selections established during the conceptual design, prepare drawings and technical specifications for the required work. Reviews on progress with appropriate staff will be required at 60% completion, 90% completion, and 100% completion. Construction document shall include at least the following information: a. Design specifications. b. Dock lighting(bollards) CRKNEN 1ROMPSON&ASSOCIATES INC. Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 12 C. Power modules for dock slips d. Fire Hose Boxes e. Pump out system for dock slips f. Dock Boxes (if required) 2. Environmental Resource Permitting Based on the final approved construction documents specified in item No.1 above, provide a narrative description, time-table, and cost for required environmental permits. Reviews on progress with appropriate staff will be required at 60%completion, 90%completion, and 100%completion. Process permit through the following agencies: a. Florida Department of Environmental Regulation b. Broward County Environmental Protection Department C. City of Dania Beach Community Development Department 3. Bidding a. Assist in preparation of bids b. Participate in pre-bid meeting C. Issue clarifications as required LumpSum.................................................................................$20,150.00 IX. MANAGEMENT SERVICES • Assist with preparing a preliminary design utilizing specified size limitations as determined during the initial review of the project, and provide additional recommendations including the following: a. Assist with selection of supplier for floating dock facility in conjunction with Environmental consultant. b. Assist with selection of supplier for gangways in conjunction with Environmental consultant. C. Assist with selection of supplier for utilities for floating dockage (power modules, fire hose boxes, pump out facilities, etc.) in conjunction with Mechanical Consultant. CRAVEN 1ROMPSON&ASSOCIMES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 13 d. Develop marketing plan and dockage rate analysis for the facility. • Meeting attendance for four (4) presentations are envisioned not necessarily in the following order: o City Staff o Dania Beach City Commission o Dania Beach Marine Advisory Board o Broword County Marine Advisory Committee o Participate in Pre-Bid Meeting Lump Sum.................................................................................$20,000.00 X. REIMBURSABLES 10.1 Reimbursable Expenses (CTA Task No. 31140) Reimbursable expenses shall include printing, mylars, copying, postage, photographic services, long distance phone calls, Federal Express and courier services. Estimated Budget.....................................................................$20,000.00 1. SURVEYING SERVICES.................................................$21,600.00 ll. GEOTECHNICAL SERVICES............................................$13,580.00 111. CIVIL ENGINEERING SERVICES.....................................$95,000.00 IV. ENVIRONMENTAL SERVICES........................................$95,000.00 V. LANDSCAPE ARCHITECTURAL SERVICES.......................$34,600.00 V1. ARCHITECTURAL SERVICES........................................$104,725.00 VII. STRUCTURAL SERVICES...............................................$44,887.51 Vlll. MECHANICAL SERVICES...............................................$20,150.00 IX. MANAGEMENT SERVICES............................................$20,000.00 X. REIMBURSABLE EXPENSES..........................................$20,000.00 TOTAL .................................................................................$469,542.51 CRKNEN 1ROMPSON&ASSOCKES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 14 The following items are not included as part of this proposal: 1. Traffic studies and analysis. 2. Off-site engineering improvements such as turn lanes, median improvements, or off-site utility improvements. 3. Construction Services. The following is a list of items which are to be provided by Client: 1. All engineering permit fees and bonds. Scope of Services The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein, no other service will be provided except as"extra work",subject to the fees hereinafter set forth. The terms hereof shall be construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm. In reviewing this proposal for professional services,it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scope of services required for the project. Rather,it represents our best effort to set forth those services which we believe to be those requested by you, the Client, and/or those we can determine to be needed to accomplish a particular objective. However,we recognize and we ask that the Client recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified. Several factors will cause this to happen: 1. Better understanding of the project and the Client's goals as progress on the project is made. 2. Additional requirements identified by the Client. 3. New laws or governmental agency requirements. As these influences occur and are identified,we will advise you of same and seek your direction as to how you wish to proceed. Work required as a result of the above will be"extra work"outside of the original scope of services. Upon your direction,we will perform the work under the"Hourly Fee Schedule"section of this proposal or we can provide you with a separate proposal should the scope so indicate. Hourly Fee Schedule Principal....................................................................................................................................................................................$220/Hour PrincipalEngineer.....................................................................................................................................................................$180/Hour Senior Supervising Engineer.....................................................................................................................................................$160/Hour Principal Surveyor/Landscape Architect/Planner.....................................................................................................................$145/Hour SeniorEngineer........................................................................................................................................................................$120/Hour Landscape Architect/Senior Planner.........................................................................................................................................$115/Hour Professional Land Surveyor......................................................................................................................................................$110/Hour Project Engineer/Surveyor/Planner/Biologist/landscape Designer.........................................................................................$105/Hour SeniorField Representative........................................................................................................................................................$90/Hour SeniorCADD Technician.............................................................................................................................................................$80/Hour FieldRepresentative...................................................................................................................................................................$80/Hour Clerical........................................................................................................................................................................................$65/Hour SurveyField Crew.....................................................................................................................................................................$115/Hour SurveyField Crew with GPS Equipment....................................................................................................................................$155/Hour ExpertWitness Testimony........................................................................................................................................................$275/Hour CourtAppearances...................................................................................................................................................................$300/Hour Hourly Charges Hourly work will be billed at our current prevailing rates; however,these are subject to change due to increasing labor and material costs. Hourly work performed outside of normal business hours will be billed at one and a half times the current rates for overtime. No notice of change in prevailing rates shall be required. The firm's normal business hours are from 8:00 a.m.to 5:00 p.m.,Monday through Friday. CRAVEN 1ROMPSON &ASSOCIATES INC, Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 15 Lump Sum Fees The Lump Sum Fees set forth above are applicable for a period of six(6) months from the date of this proposal. If the work on any item to which a lump sum fee shall apply is not commenced within said period,the firm reserves the right to terminate this Agreement as it relates to said item. If the work is initiated but not concluded within said period,regardless of the reason therefore,the balance of the fee due shall be increased at the rate of one percent(1%)per month for each month the work continues until the work is complete. No prior notice of such adjustment shall be required. A idavifs When an Affidavit,Surveyor's Report,or separate Surveyor's Certificate is requested,there will be a minimum fee of$150.00. In addition, all research and calculation time required in the preparation of this affidavit, report or certificate will be charged at our normal hourly rates for the individuals preparing the affidavit. Cost Estimates In that our firm does not have control over the cost of labor and materials,or over competitive bidding and marketing conditions,the estimates of construction costs provided by our firm will be made on the basis of our experience and qualifications,but our firm does not guarantee the accuracy of the estimates of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. Ownership of Documents All documents including,but not limited to,drawings and specifications prepared in connection with the project constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such documents and/or specifications constitute a portion of the integral services provided by the firm and, as such, are not intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your execution of this proposal,you agree to indemnify and hold the firm harmless from all claims,damages,losses and expenses including,but not limited to,attorney's fees arising out of or resulting from the reuse or extended use of such documents or specifications. Permits and Approvals The permits and agency approvals mentioned above are those known to us to be required for projects of this kind,and we will apply for them as indicated. However,our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may be required. Should this arise,we will notify you and respond promptly to the requirement. Construction Requirements At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by governmental agencies,the firm will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of the work, which performance will be rendered by others. It will be necessary,therefore,for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance"with the relevant contract documents. It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary inspections and observations. The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover,and in addition to the required site visits,the firm must also prepare and review the as-built drawings during and at the end of the construction period. All of the services described in this paragraph constitute "extra work", unless otherwise specifically set forth in the "Scope of Services". The cost of providing these services is not included in the Lump Sum fee, unless specifically indicated. The firm shall not be responsible for the quality or quantity of the work,the execution thereof,the techniques or sequences of construction, the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith. In performing the services required of it,the firm will use that degree of care and skill ordinarily exercised,under similar circumstances,by reputable members of its profession practicing in the same or similar locality. No other warranty,express or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder,the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County. CRKNEN 1HOMPSON &ASSOCIATES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 16 The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently provides a complete range of construction-related services which it will be happy to discuss with you at the time that your project is ready for construction. Permit Fees;Application Fees;Outside Consultant Fees The service fees set forth herein do not include the payment of governmental agency submittal fees,review fees or permit fees,or any other charges assessed by said agencies. Further,the service fees do not include the cost of services provided by others. These fees shall be paid for by the Client. Should our firm find it absolutely necessary to advance fees for the Client,said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. Direct Charges Unless otherwise specified,the above service fees do not include the following direct charges: 1. Blue prints,mylars and xeroxing will be billed at current price schedule per print copy. These prices are available upon request. 2. Postage,Federal Express,photographic services for enlargements,reductions,etc.:At Cost plus 10%handling charge. Assignment It should be expressly understood that this proposal is for the use of the executing Client and is not assignable or assumable by any third party. Invoicing and Payment Work will be invoiced at the end of each month based on a proration of work completed to date,with payment expected upon receipt of the invoice by the Client. Client shall notify firm within ten(10)days of receipt of invoice should invoice be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes of payment by Client. If payment is not received within 45 days of the invoice date,Consultant may terminate this agreement or suspend work under the agreement without further notice,and a late charge of one and one-half percent(1-1/2%)per month on outstanding balance shall accrue until delinquent balance is paid. Client agrees to pay all costs of collection,including reasonable Attorney fees,should such action be required. Client's Responsibilities 1. The Client shall provide full information regarding requirements for the project including a program,which shall set forth the design objectives,constraints and expendability,special equipment and systems and site requirements. 2. The Client shall furnish the services of soil engineers or other consultants when such services are deemed necessary. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3. The Client shall furnish structural,mechanical,chemical and other laboratory tests,inspections and reports as required by law or the Contract Documents. 4. The Client shall furnish a Legal Description of the property and the appropriate Title Information. 5. The Client shall execute all permit applications. As"Permittee",or"applicant"or"holder",Owner shall be responsible for complying with the conditions of all permits issued. In.particular, Client shall be responsible for the safety of the General Public during construction. CRKNEN 1HOMPSON&ASSOCIATES INC Mr. Colin Donnelly CT&A Proposal No. 2010-130.386 (Revised) March 15, 2011 Page 17 _ Acceptance This proposal and fee schedules are based on acceptance within 30 days of the date of preparation. If not accepted by you within that time period, we reserve the right to re-evaluate the terms and conditions contained herein. If the proposed work and fees contained herein are agreeable with you, please sign the enclosed copy of this letter and return same to our office. Should you have any questions regarding the above, please do not hesitate to call. Sincerely, CRAVEN THOMPSON &ASSOCIATES, INC. /R4ERT .COLE, 111, P.E. Executive Vice President RDC/tg ACCEPTANCE OF PROPOSAL: The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. THIS PROPOSAL ACCEPTED BY: Name &Title Firm Name Date Telephone Number Facsimile Number CRKNEN 1ROMPSON&ASSOCIMES INC PROPOSAL SUMMARY City of Dania Beach CTA Proposal No.2010-130.386(Revised) Dania Beach Marina Discipline/Company Total Fee 1.Surveying(Craven Thompson&Associates,Inc.) $21,600.00 11.Geotechnical(Tierra South Florida,Inc.) $13,580.00 III.Civil Engineering(Craven Thompson&Associates,Inc.) $95,000.00 IV.Environmental(The Chappell Group,Inc.) $95,000.00 V.Landscape Arch./Planning(Craven Thompson&Associates) $34,600.00 VI.Architectural(ACAI Associates,Inc.) $104,725.00 VII.Structural(EAC Consulting,Inc.) $44,887.51 Vlll.Mechanical Engineering(DeRose Design Consultants,Inc.) $20,150.00 IX.Management Services(Westrec Marina Management,Inc.) $20,000.00 X.Reimbursable Expenses $20,000.00 Total: $469,542.51 g o 0 0 NL0 c0j a F AA m 0 t- ate+ m 3 0000 H '^ _ 0 0 v 0 00 LL U .r N V = � u V1 0) 4 d 0 0 m N Q u u 0 LA tA Q oZf v O J j. 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