Loading...
HomeMy WebLinkAboutR-2012-064 - Executed an Agreement with EDSA, Inc. for the Dania Beach Waterfront Revitalization Plan Project RESOLUTION NO. 2012-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT TO EDSA, INC. FOR THE DANIA BEACH WATERFRONT REVITALIZATION PLAN PROJECT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH EDSA, INC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 30, 2012, the City of Dania Beach published Request for Proposal ("RFP")No. 12-007 for the Dania Beach Waterfront Revitalization Plan; and WHEREAS,on March 9, 2012, the City received responses to the Request for Proposals; and WHEREAS, the City's Staff Review Committee, together with the City Commission reviewed the RFP responses on March 15 and 29, 2012, and after careful analysis by the City Commission, it recommended that EDSA, Inc. be awarded the contract for the Waterfront Revitalization Plan Project; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That EDSA, Inc. is awarded the contract for the Waterfront Revitalization Plan Project. Section 2. That the proper City officials are authorized to execute an Agreement with EDSA, Inc., in an amount not to exceed $103,500.00, a copy of such Agreement is attached as Exhibit "A", with attached Scope of Services (Exhibit "One"), which are made a part of and incorporated into this Resolution by this reference. Section 3. That funding for the agreement was planned and will be charged to the Capital Project Fund — Account No. 301-7253-572-31-10 which reflects a total budget appropriation of $110,000.00 (comprised of $80,000.00 contributed from City's Parking Fund and $30,000.00 in NOAA Coastal Zone Management Grant awards). 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 22, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR �pRp'S Flit APPROVED AS XO CORRECTNESS: THOMA J. CITY ATTORNEY 2 RESOLUTION#2012-064 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 2012, between the City of Dania Beach, Florida, a Municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (the "City"), and EDSA, Inc., a Florida corporation, having an address of 1512 E. Broward Boulevard., Suite 110, Fort Lauderdale, Florida 33301, (the"Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration the�' g 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 EDSA PR-052212 dated May 22, 2012, for Dania Beach Waterfront Revitalization Plan Project described in attached Exhibit "One", which is made a part of and incorporated into this Resolution by this reference. The Parties acknowledge and agree that services are to commence or will continence on , 2012, and 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 "One", an agreed upon sum in an amount not to exceed One Hundred and Three Thousand Five Hundred and no/100 Dollars ($103,500.00) (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"One", shall not be undertaken 3 RESOLUTION#2012-064 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 pp g 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 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 Citv. The selected 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 use resulting from, 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 any of them, or anyone for whose acts any of them 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; 4 RESOLUTION#2012-064 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. Insurance. Contractor shall provide, pay for and maintain in force at all times during the term of this Agreement,the following: a. Comprehensive General Liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an"additional insured"with respect to any claims arising out of this Agreement. b. Workers' Compensation insurance shall be maintained by Contractor and any Subcontractor during the life of this Agreement and provide coverage with statutory limits Part. A, and Five Hundred Thousand Dollars ($500,000.00) Part, B, Employer's Liability. Certificates of Insurance evidencing such coverage for Contractor and any Subcontractor(s)must be provided to the City,prior to commencement of any Work. C. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. d. 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 included as an "additional insured" with respect to any claims arising out of this Agreement. e. 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. 5 RESOLUTION#2012-064 6. Assignment of Agreement. a. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Kona Gray, ASLA, 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 6 RESOLUTION#2012-064 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. 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 sub-consultants or sub-contractors) 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 7 RESOLUTION#2012-064 statutory common law and other reserved rights, including copyright, when the Consultant is paid in full for services; 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. 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: EDSA, Inc. 1512 East Broward Boulevard Suite 110 Fort Lauderdale, Florida 33301 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. 8 RESOLUTION#2012-064 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including,but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Exhibits referred to in this Agreement forms an essential part of this Agreement and such exhibits are a part of and is incorporated into this Agreement 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. 9 RESOLUTION#2012-064 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a"purchasing agent" as defined in Chapter 112, Florida Statutes,nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 10 RESOLUTION#2012-064 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling(including,but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH,FLORIDA, a Municipal Corporation LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR ROBERT BALDWIN CITY MANAGER AS TO SCOPE OF WORK: Marc LaFerrier Interim Director of Community Development PRINT Name APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 11 RESOLUTION#2012-064 CONSULTANT: EDSA,Inc., a Florida Corporation WITNESSES: Signature Signature Kona Gray, ASLA PRINT Name PRINT Name Principal and Shareholder Signature Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 20_, by as of EDSA, 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#2012-064 Exhibit"One" May 22,2012 SCOPEOfSERYNES,4NOfEES Dania Beach Waterfront Revitalization Plan—RFP#12-007 The EDSA team is very excited about the City of Dania Beach Waterfront Revitalization Plan and thank you for the opportunity to work together.Please see below our approach and scope of services as requested.The scope of services and deliverables shall be consistent with the RFP and DEP grant that partially funded this project.We are certain our team can develop a plan with the City that will achieve the future goals of Dania Beach to provide a waterfront that is clean,safe,and envrinomentally friendly. I. APPROACH Phase#1-Stakeholder Coordination and Data Collection(Tasks 1-4):In order to initiate the project after the kick-off meeting and site tour,We will also photo document existing conditions and develop an image diary of property improvements.This effort will lead to an overall analysis of the opportunities and constraints that will identify the land areas that are suitable for development.Finally as part of the initial information forum we will develop with you"on the spot"revitalization alternatives for review and discussion.As a follow-up to this initial effort our team will continue to coordinate with the stakeholders including local residents and interest groups towards understanding and building consensus for the priorities.We will also coordinate with local agencies and consider recommendations from existing local County and Regional Planning Initiatives. Phase #2 -Feasibility Analysis (Tasks 5-6): After the first phase, we will review the input from the stakeholders, City, inventory/analysis/alternatives and develop preliminary revitalization plan alternatives for review of economic and engineering consideration.This will be the basis for the feasibility analysis phase.The supporting engineering work will also begin in this phase and will be produced in concert with the economic feasibility based on the initial concept plan. Once a preferred direction is established with a focus on the ecomomic feasibility, engineering, environment, budget and phasing the team will review with City, Staff, Regulatory Agencies and update Stakeholders based an comments.The outcome will establish economically viable solutions to be implemented as opportunities that will be enumerated as to how they contribute to the City of Dania Beach and adds benefits for the local population. Phase#3-Final Revitilization Plan(Task 7):Upon approval of Phase 2,the feasibility information will then be developed into a final revitlization plan that will begin with a design workshop.This plan will focus an creating a strong concept for the area that may be implemented in phases if necessary.The phases will be completed projects that will encourage momentum and leverage future opportunities.Based on the approved overall concept,a concept visioning booklet will be produced as a tool for you to share the vision of the area.The Vision Booklet will be a great marketing and development resource that can be used to gain political,financial,and local citizen support to implement the project.We believe the plan should be true to the environment it shares,preserve its unique characteristcs and provide opportunies for future generations. II. SCOPE OF WORK EDSA understands that this assignment will be carried out in accordance with the RFP and any subsequent deliverables as requested by the City. Our intent is to provide at a minimum the scope of work outlined in the RFP. However, in detail we understand that we have been requested to provide visioning,Revitilization planning,conceptual architecture and landscape,engineering and development regulations review,public outreach and consensus,and economic evaluation for development implementation opportunities.EDSA will also consider other elements that add value to the project. Below we have outlined our understanding of the professional services requested. PHASE#1-STAKEHOLDER COORDINATION AND DATA COLLECTION(TASKS 1-4) 13 RESOLUTION#2012-064 A. Upon approval,EDSA will begin pre-workshop studies in preparation for a design meeting in Dania Beach. The purpose of the meeting will be to meet all members of the team,City Officials,Staff and develop initial design concepts.It would also be an opportunity to review and share the development themes and ideas with City of Dania Beach representatives.In addition,we will become familiar with the local environmental issues and initial development program. I. Coordinating with stakeholders including City residents and local interest groups to articulate the priority design components of the site. Coordination will take the form of public involvement meetings with local residents and presentations at local interest group meetings. 2. Coordinating with regulatory agencies to identify likely permitting requirements and agency concerns. 3. Identifying opportunities to incorporate recommendations from existing local,County and regional planning initiatives including: a. The City's Comprehensive Plan b. Broward County Climate Change Action Plan c. Broward County Bicycle and Pedestrian Advisory Committee d. Broward County Greenways Plan e. Broward County Land Use Plan f. FDEP Statewide Comprehensive Outdoor Recreation Plan g. City of Dania Beach Parks and Recreation Plan h. City of Dania Beach Marina Revitilization Plan i. Other relevant information Al.Data Collection(City Staff,EOSAandfrayenThmusanAssaciates) EDSA will inventory the information received in GIS format and provide a list to the City of Dania Beach for any outstanding items.We 411 analyze existing conditions including,but not limited to,the following: a. Existing land uses and open space b. Existing zoning and planned land uses and any other recorded deeds in the City of Dania Beach's Clerk's Office related to this property C. Engineering and utilities maps d. Property boundary and Cityship map e. Topographic and Right of Way maps f. Assessed valuations,economic and demographic information g. Floodplain,wetland,and other sub watershed maps h. Other environmental information as may be required i. Local,citywide and regional transportation plans and related to existing transportation and multi-modal information that relate to the Area of Study j. Computer files of boundaries,footprint,streets etc k. Aerial and ground level photography. I. Review 2010 Census information if available M. Recreational programming,user data,traffic,parking,maintenance, budget and other relevant data n. Title search for coventants and restrictions A2.Project Kick-Off Meetino#1(411&flsoltants) EDSA will arrange,conduct and provide a project initiation meeting with City Staff for the purpose of: a. Establish a working group of key City Staff as a Resource Committee for the Revitilization Plan. b. Define the existing characteristics of the Area. c. Discuss key elements and recommendations noted in current plans and policies affecting this area including, but not necessarily limited to,those cited in the Appendices. d. Identify key issues,opportunities and constraints related to the Area planning and development(e.g.traffic,environment,and market conditions). e. Work with the Committee to develop the planning principles to be applied to the Area in order to advance an area wide pattern of growth and development that is physically coherent,adequately served by infrastructure,environmentally sound, fiscally achievable and exceptionally attractive. f. Identify key stakeholders. g. Clarify the scope and review process for the public,policy makers and other key stakeholders. 14 RESOLUTION#2012-064 h. Decide on the general style and content of the Plan,how it should be integrated into the City's policy framework and how it should be used by stakeholders. A3.On-Site Tour/Conditions Survey—#eetino#7(AllCvnsu/tants) EDSA will tour the study area with the Resource Committee,City Officials,and key stakeholders.Early in the process,one(1)on-site tour of the City of Dania Beach Waterfront and surrounding area will be coordinated and scheduled by EDSA with Resource Committee,Staff and major stakeholders,with the involvement of City Commission.This tour will serve as a vehicle for discussion of opportunities and constraints within the City of Dania Beach Waterfront.It would also be beneficial to visit nearby Cites to benchmark the comparable beaches. A4.Stakeholder Interviews—#eetino&(City SV and fOSA) The EDSA team,assisted by City staff,shall conduct interviews and/or small focus groups with key stakeholders including Elected Officials, concerned citizens, as defined by the Resource Committee to obtain, evaluate and record relevant facts, issue assessments and desired outcomes for consideration during the development of the Revitilization Plan. a. Up to Twenty(20) Stakeholder Interviews limited to forty five(45)minutes each b. In addition to interview meetings,no more than five(5) informal an site meetings of the various major stakeholders may be conducted. These can be either individual or a group interviews depending on the direction of the Community Development Department and City Staff. B. Deliverables: I. Deliverable 2.1 Summary report of agency corrdination,permitting requirements and concerns:This is a report that summarizes regulatory agency permitting requirements and concerns.Due on or before June 25,2012. 2. Deliverable 3.1 Summary report of planning coordination:This activity includes identification of issues and opportunities to base recommendations from existing local, County and regional planning initiatives, as well as a summary updating stakeholder and public input.Due on or before June 25,2012. 3. Deliverable 4.1 Summary report of design coordination:This activity includes coordinating with City and County staff on design principles.The coordination will include working with City Division of the Broward Sheriff's Office,the City Fire Department, City Public Services,City Parks and Recreation,and the Community Development Department.Due on or before June 25,2012. 4. Summary report of data collection: This activity includes coordinating with City staff to review and analyze the existing data provided for the palnning effort.Any additional information required for the plan will be identified in this deliverable and tracked to provided at a later date when the information becomes available.Due on or before July 1,2012. 5. *Deliverable 1.1 Summary report of stakeholder concerns: This report was previously completed by City staff and submitted. The due date was May I,2012 and as such has been removed from this scope. PHASE#2—FEASIBILITY ANALYSIS(TASKS 5-6) A. EDSA will prepare preliminary diagrams, documents and reports analyzing feasibiilty for presentation to the Resource Committee and the team. These documents will represent all program elements in a detail sufficient to depict their scale and relationship.The analysis will be prepared by EDSA using information developed and approved during Task I. Major areas of consideration will include: I. Coordinating with City and County staff on design principals.(fOSA,Chappe//andf/ynn) a. Working with City law enforcement to incorporate Crime Prevention Through Environmental Design measures into design concepts. b. Working with City Fire Department to identify fire protection and rescue needs. c. Working with City Public Services Department to identify maintenance concerns and preferences for access,facility layout, utility preferences. d. Working with the City Parks and Recreation Department to determine typical and anticipated use of the site including preferred amenities and needs to accommodate special events. e. Working with Community Development Department to identify code requirements and City preferences for lighting, landscaping and aesthetics. 15 RESOLUTION#2012-064 f. Develop alternatives preliminary options for review(up to 3 alternatives) 2. Preliminary economic feasibility analyses: (Lambert Including determining funding mechanisms and limits available for the projectes design, construction and maintenance, along with projected revenue from sources both direct (grants, parking, restaurant and other private vendor lease fees)and indirect(increased local tourism,increased use of adjacent City marina). S. Preliminary planning,engineering and feasibility analysis including:RfOSA,Chague//andf/ynn) a. Assess exsiting conditions and recommended suggested improvements b. Review opportunities for land utilization partnerships within adjacent State Park c. Identifying stormwater management requirements d. Identifying lighting requirements to protect sea turtles e. Identifying wildlife usage and native habitat f. Identifying parking requirements g. Identifying landscape requirements h. Identifying utility requirements including extensions and upgrades i. Performing storm event and sea level rise hydrodynamic modeling to assess potential effects j. Identifying potential storm and sea level rise resiliency measures to incorporate into the rehabilitation Al.Marine Advisory Board Review—Meeting#4((fOSA,Chappellandf/ynn) Based upon the physical analysis—including the area context,physical planning considerations,data collection and review,on-site tour and conditions survey, preliminary City of Dania Beach Resource Commiittee vision refinement, and input from the kick-off workshop and interviews;EDSA will present initial findings of the existing envrinomental constraints and attributes as well as gain input from key Staff.The Team will present this information to the City of Dania Beach Marine Advisory Board for review and comment. A2.Parks and Recreation Board Review—Meeting#50SA Chamaellandf/ynn) The EDSA team will present the preliminary draft Revitilization Plan to the Parks and Recreation Board to secure input prior to meeting with City Commission and the public.The intent of this review will be to insure that the Revitilization Plan proposal provide complementary parks and recreation opportunities and supports the future growth of the City of Dania Beach Waterfront.The Team will present this information to the City of Dania Beach Parks and Recreation Board for review and comment. A3.Informational Public Workshop— (Public Warkshar0(AllCansultants) The purpose of this workshop would be to update the interested citizens on the Revitilization plan process,findings and preliminary plan.The workshop will be conducted in conjunction with the EDSA team held at a comfortable location within close proximity to the project site.The goal of the sessions will be to provide info and gain public input on the plan prior to moving to the next phase. A4.City Commission Review—#eetina#8011 ansu/toots) The presentation and meeting will allow the City Commission to evaluate the preliminary Revitilization Plan draft.The Commission will be apprised of the process as the City Resource Committee will deliver updates to the City Staff for Commission input during the early stages of the process.The intent of this meeting would be to allow the City Commission to provide valuable input related to the plan prior to the final draft. B. Deliverables: I. Deliverable 5.1 Preliminary economic feasibility report:This is an economic feasibility analysis to determine funding mechanisms and limits available for the project's design,construction and maintenance.It also includes projected revenue from both direct and indirect sources,recommendations for marketing the revilized beach area and an economic impact analysis.Due on or before July 23,2012. a. Economic and Demographic Profile b. Preliminary Economic Feasibility Assessment c. Economic Impact Analysis 16 RESOLUTION#2012-064 d. Marketing Recommendations 2. Deliverable 6.1 Preliminary engineering feasibility report: This is an engineering study and feasibility analysis encompassing lighting,wildlife,parking,landscape and utility requirements and Storm Event and Sea Level Rise Report.Due on or before July 23,2012. a. Storm Water Management Review b. Sea Turtle Lighting Review c. Natural Resources Inventory Assessment Plan d. Parking and Circulation Plan e. Landscape Requirements Review f. Infrastructure/Utility Assessment Plan g. Storm Event and Sea Water Rise Review and Assessment 3. Deliverable 7.1 Preliminary Conceptual Design Plan:This activity involves conducting a design workshop with local residents, city staff,and elected officials.The input from stakeholders will be incorporated into design alternatives.The conceptual design effort will be a draft Revitalization Plan which includes a written narrative and a set of design plans depicting all of the major proposed site components(paving and grading,stormwater management,landscaping,lighting,structures and utilities).The conceptual plan components will include typical sections, details and designs, renderings and plan-view layouts. Due on or before August 20, 2012. a. Site Analysis/Opportunities and Constraints Plan b. Alternate Conceptual Plans(not to exceed 3 concepts) c. Preliminary Site Utilization Plan d. Character Image Board e. Preliminary Site Plan of preferred scheme from design workshop f. Preliminary Sections/Elevations of preferred scheme from design workshop(up to 3 total) g. Preliminary Perspective Sketches of preferred scheme from design workshop(up to 3 total) h. Design Workshop Report with Public Input(IIxl7 format) PHASE#3—FINAL REVITILIZATION PLAN(TASK 7) A. Once the Phase#2 work has been completed,approved and a final revitilization plan direction has been established,EDSA will proceed with the Final Revitlization Plan drawings. Based on the selected design concepts,EDSA shall: I. Develop conceptual designs that incorporate stakeholder interests, meet regulatory requirements and adequately address the design and site utilization of the waterfront. 2. Conducting design charettes for local residents, City staff and City elected officials to allow stakeholder input an initial design alternatives 3. Producing a final set of conceptual design plans that incorporate the following disciplines and components: a. Waterfront amenities and enhancement b. Parking access and traffic circulation c. Site programming,maintenance and utilization d. Paving and grading e. Drainage f. Utilities g. Structures including building,walkways and dune walkovers and signs h. Lighting i. Landscaping 4. Design work will depict conceptual layouts,typical sections and specifications for components such as turtle-friendly lighting. 5. Assisting the City with preparing for the development of bid documents to contract the development of final design and construction plan.The bid documents for final design is not included in this contract. Al.Draft Plan Workshop—(PublicWarkshaa#0(City StaffaadEDSA) 17 RESOLUTION#2012-064 The purpose of this workshop would be to update the interested citizens on the revitilization plan process and develop ideas towards the final concept plan.The workshop will be conducted in conjunction with the EDSA team,and held at a comfortable location within close proximity to the project site.The goal of the sessions will be to gain public consensus on the plan prior to the City Commission presentation. A2.City Commission Review-Meeting#7(CityStaffandfOSA) The presentation and meeting will allow the City Commission to evaluate the revitilization plan draft.The Commission will be apprised of the process as the Community Development Department will deliver updates to the City Staff for Commission input during the early stages of the process.The intent of this meeting would be to allow the City Commission to provide valuable input related to the plan prior to the final draft. A3.Final Plan Presentation and Adoption-Meetino#90&7toPub/ic)XityStaffaadfOSA) The presentation and meeting will allow the City Commission, Staff and Public to evaluate the final revitilization plan with inclusion of all previous comments.The revitilization plan documents will be provided to the City for future initiatives. It will then be utilized as a guide for future development opportunities. B. Deliverables: I. Deliverable 7.2 Summary of stakeholder input:This is a report that summarizes the stakeholder input from the draft revitalization plan workshop.Due on or before October 17,2012. 2. Deliverable 7.3 Final Revtilization Plan:This activity will incorporate the findings of the preliminary design alternative and charette input as well as staff comments to choose the preferred conceptual design alternative.Final drawings will be submitted to the City. Due on or before December ID,2012. a. Overall Site Key Plan identifying program elements b. Overall Visual Linkages Plan c. Final Conceptual Plan describing all design elements d. Final Site Utilization Plan and calculations e. Final Character plan f. Plan Enlargements of key areas(up to 4 total) g. Site Sections/Elevations showing changes in elevation and relationships(up to B total) h. Perspective Sketches of important project features(up to 4 total) i. Conceptual Paving and Grading Plan j. Conceptual Drainage and Utlity Plans k. Conceptual Architectural Structures Plans/Elevations(Buildings,Pavilions,Walkways,Dune Walkovers,and Signs I. Beach Activities and Events Plan m. Implementation/Phasing Plan(outlining priority developments and strategies) n. Final Report(IIxl7 format not to exceed 50 pages) AdditianafServicas Additional Services will be considered thase services related to making revisions or additions to drawings,reports or other documents outlined when such revisions are inconsistent with instructions previoas/ygiven,or those services which are in addition to the basic services outlinedin this agreement. Time spent to address major program or design changes by the City will be considered Additional Services and will be provided if authorizedby the City finallyremobilization due to project delay by mare than l months byCity willnescessitate renegotiation offees III. WORKLOAD SCHEDULE AND TIMELINE The required time duration to execute the scope of services for phases I- 3 is B months(excluding the required time for City approval)starting from contract signature accordance or notice to proceed. Workload Schedule TASK DESCRIPTION MONTH/TASK DURATION I 2 3 4 5 6 7 0 Meetings Phase#I-Stakeholder Coordination-Data Collection 3 18 RESOLUTION#2012-064 City Review Phase#2-Feasibility Analysis 3 City Review Phase#3-Conceptual Design 2 City Review Final Presentation Tkneline PHASE# PHASE DESCRIPTION Duration (Months) Phase#1 Stakeholder Coordination-Data Collection I month including 3 meetings Phase#2 Feasibility Analysis 2 months including 3 meetings Phase#3 Conceptual Design 3 months including 2 meetings IV. COMPENSATION and GENERAL TERMS Based on the scope of services outlined in the RFP,we have included our professional services fees for your consideration.We have also utilized similar efforts as a benchmark of estimated fees for professional services. In compensation for the services outlined in this proposal EDSA is suggesting a lump sum fee in the amount S1O3,50O.00OSBollks These fees are all inclusive of labor and expenses to provide the professional services requested. The above fees include time in and out of the office for meetings and presentations including travel time. Also, we have estimated taxes, administrative costs, couriers,technical assistance, accommodations,travel and other expenses which are included in the fees above.This proposal is valid for 90 days from issuance. Fee Schedule Phase# Phase Description Duration Amount Phase#1 Stakeholder Coordination-Data Collection I months $13,000.00 Phase#2 Feasibility Analysis 2 months $36,500.00 Phase#3 Conceptual Design 3 months $54,000.00 TOTAL G months S1D3,5DD.DD Payment Schedule The fee schedule is very critical to assure that the master plan stages will move smoothly.Payments are due every 30 days based an the%of completion per phase.The EDSA team will not move forward to the next phase if payment for the previously completed phase has not been funded. Phase# Phase Description Payment# Amount Initial Payment(Mobilization) 1 $5,000.00 Phase#1 Stakeholder Coordination-Data Collection 2 $6,500.00 3 $6,500.00 Phase#2 4 $10,000.00 Feasibility Analysis 5 $12,200.00 fi $14,300.00 Phase#3 Conceptual Design 7 $26,000.00 19 RESOLUTION#2012-064 s $Is,000.00 9 $5,OOO.G0 TOTAL 5103,5OO.00 GENERAL TERMS AND CONDITIONS On assignments of this type,we would require an initial mobilization deposit as stated in the payment schedule.If this proposal meets with your needs and expectations,receipt of a signed copy of proposal,standard contract and initial payment will serve as our authorization to proceed with the above outlined scope. Attachments:General Terms and Conditions,Rate Schedule G:\Projects\JE\Proposed Projects\City of Dania Beach Waterfront\Proposal\EDSA\PR City of Dania Beach Waterfront Exhibit A Scope or Services and Fees_05202-Revl.doc 20 RESOLUTION#2012-064