HomeMy WebLinkAboutR-2013-100 Execute an Addendum with EDSA, Inc. for Additional Services relating to the City Beach Waterfront Revitalization Plan RESOLUTION NO. 2013-100
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PROVIDING FOR FUNDING OF ADDITIONAL
SERVICES FOR THE EXISTING CONTRACT BETWEEN THE CITY OF
DANIA BEACH, FLORIDA, AND EDSA, INC. FOR THE CITY BEACH
WATERFRONT REVITALIZATION PLAN; AUTHORIZING THE PROPER
CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE AGREEMENT
WITH EDSA, INC. FOR SUCH ADDITIONAL SERVICES; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 30, 2012, the City of Dania Beach published a Request for
Proposals ("RFP")No. 12-007 for the Dania Beach Waterfront Revitalization Plan; and
WHEREAS,on March 9, 2012,the City Commission received responses to the RFP; and
WHEREAS, the City's Staff Review Committee reviewed the RFP responses on March
15, 2012; and
WHEREAS, on May 22, 2012, the City Commission approved an Agreement (pursuant
to Resolution No. 2012-064) to be executed with EDSA, Inc. ("EDSA") for the Dania Beach
Waterfront Revitalization Plan; and
WHEREAS, the previously approved Agreement entered into on June 19, 2012, with
EDSA, Inc. totaled $103,500.00, funded by a $30,000.00 NOAA Coastal Zone Management
Grant and$73,500.00 provided from the City's Parking Fund; and
WHEREAS, after amending and finalizing the Revitalization Plan ("Plan"), additional
professional services were needed from EDSA to provide additional analysis to the Plan, and to
conduct additional meetings with City officials and the public; and
WHEREAS, funding for such additional services are available and may be funded by
transfer of available resources from the City's Parking Fund in an amount not to exceed
$9,500.00;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the City Commission approves and authorizes the proper City
officials' execution of an Addendum to the existing Agreement between the City of Dania Beach
and EDSA, Inc. in an amount not to exceed $9,500.00; a copy of the Addendum outlining the
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scope of the additional services is attached as Exhibit "A", which is made a part of and is
incorporated into this Resolution by this reference.
Section 2. That funding for such additional services shall be appropriated by a
transfer of available resources from the City Parking Fund, Contingency Account, Account
Number 404-45-02-545-99-10, and transferred to the Capital Project Fund, Beach Waterfront
Revitalization Project Account,Account Number 301-72-53-572-31-10.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on September 10, 2013.
ATTEST:
LOUISE STILSON, CMC WALTER B. DUKE III
CITY CLERK MAYOR
APPROVED AS TO FO AND RRECTNESS:
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CITY ATTORN
2 RESOLUTION#2013-100
ADDITIONAL SERVICES ADDENDUM
City of Dania Beach—Dania Beach Waterfront Revitalization Plan—RFP# 12-007
Dania Beach, Florida
June 26, 2013
ADDENDUM TO THE ORIGINAL AGREEMENT DATED MAY 4, 2012 BETWEEN EDSA, INC. (EDSA)AND
CITY OF DANIA BEACH (OWNER)HEREBY AGREE AS FOLLOWS:
SCOPE OF SERVICES
EDSA will provide professional design services to review and revise the phasing aspect of the Ocean Park
Revitalization Plan, as well as review the existing marina plans for refinement based on the Ocean Park Plan as
requested.The intent of this effort is primarily to assist the City with the phasing of the master plan to make sure that
the implementation is feasible and fiscally adoptable to the City's needs and responsibilities. Also, this AN include
adding a section describing beach re-nourishment initiatives. Below we outlined our tasks including design
refinements, review and recommendations,and attendance of up to 6 meetings with City personnel and officials.We
estimate the proposed tasks All be completed within 2 months.
DELIVERABLES
The following will be provided in response to the City request for design review services:
o Refinements of Ocean Park Plan phasing, budget costs,and beach re-nourishment sections
o Submit Refined Master Plan booklet
o Attend meetings and presentations
COMPENSATION
EDSA will provide the above outlined services on an hourly basis not to exceed$9,500. The reimbursable expenses !
All be additional and billed as outlined in the General Terms and Conditions of the Original Agreement.
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If this addendum meets with your needs and expectations, receipt of a signed copy will serve as our authorization to
proceed. Please let us know if you have any questions or require adjustments to better suit your needs.
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APPROVED and ACCEPTED this day of , 2013
City of Dania Beach EDSA, Inc.
By: By: Kona Gray.ASLA
Signature: Signature:
Title: Title: Principal
Attachments:General terms and conditions,Rate schedule
cc:Kristin Dion,Jack Garcia,File
GAProjects%MProposed Projecta\Urban Deskin\pty of Dania Beach WaterirardWdd Services\PR-Dena Beech Wateftnt Revilalizetion Plan-Add services
062613.doc
1512 E BROWARD BOULEVARD,SUITE 110,FORT LAUDERDALE,FLORIDA 33301 USA TEL:954.524.3330 FAX:954.524.01 T7 www.edsaplan.com
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GENERAL TERMS AND CONDITIONS JMUWY2012
1. The General Terms and Conditions outlined below are part of the attached letter agreement and are hereby
incorporated by reference.If EDSA does not receive a response to the letter agreement within ninety(90)days,
the fees and conditions for the design services will be subject to change. Please read these General Terns and
Conditions carefully. Your acceptance of this agreement constitutes your acceptance of the foregoing terms
and conditions.
2. The standard of care for all professional services performed or fumWied by EDSA under this agreement will be
the skill and care used by landscape architects practicing under similar circumstances at the same time and in
the same locality. EDSA makes no warranties, either express or implied, under this agreement or otherwise, in
connection with EDSA's services.
3.. The Client shall provide EDSA with a development program and site information regarding the requirements
and objectives for the Project.Additionally, EDSA shall be entitled to rely upon the accuracy and completeness
of any information, reports and/or site surveys/base information supplied by the Client or by others authorized
by Client.
4. If EDSA's services under this letter agreement do not include services during the construction phase of the
project, then Client assumes all responsibility for the application and interpretation of EDSA's drawings,
specifications and other instruments of service; the observation and evaluation of Contractor's work and the
performance of any other necessary construction phase landscape architectural or professional services; and
Client waives any claims against EDSA that may be connected in any way thereto.
5. Unless otherwise stated in the attached letter agreement, the Client shall pay all out-of-pocket expenses, in
addition to professional fees. Out-of-pocket expenses are defined as actual expenditures made by EDSA, their-
employees,and/or professional consultants in the interest of the project and include, but are not limited to the
folkouing expenses:
a. Air Travel, including departure taxes (Business Class for flights scheduled for three [31 hours or greater) I
and related airline/agency fees
b. Hotel accommodations
c. Meals
d. Ground transportation, i.e.,rental cars and taxis
e. Postage,freight,telephone,facsimile,overnight express mail and courier services
f. Blueprinting, photocopying, reproductions and printing
g. Photographic supplies and processing
h. Study model materials
i. Special renderings, models,photographs and special consultants,when authorized by Client
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The above listed items will be billed at the actual cost incurred plus a 10%Administrative Fee.
6. AN documents prepared or furnished by EDSA pursuant to this agreement are instruments of EDSA's
professional service. Upon payment in full for these professional services, EDSA shall grant joint ownership of
such documents. Reuse, reproduction, modification of such documents by Client, without EDSA's written
permission, shall be at Client's sole risk and Client agrees to indemnify and hold EDSA harmless from all
claims, damages, and expenses, including attorney's fees, arising out of such reuse by Client or others acting
through Client.
7. If special drawing modifications are requested when transferring electronic media, i.e., CAD format, special
blocks,drawings,setting up special layering for files, etc.,the associated time with the requested modifications
WENT'S UNTIALS
FORT LAUDERDALE•ORLANDO•MANG,BALTFAORE
GENERAL TERMS AND CoNomoNs
PACE 2 of 3
will be billed at cost plus 10%. Prior to the preparation of transfer media, both parties will agree upon the
special modifications.
8• Client acknowledges that the information and data delivered to Client in machine editable copies of the
documents, such as CAD files, may vary from that contained on paper copies of the documents and/or read-
only digital media files, such as PDF files.Variances may be due to the use of different software, hardware, or
output devices by Client or others from those used by EDSA for original preparation and printing of the
documents. The provided hard copies and/or read-only digital media shall govern in the event of any
inconsistency or discrepancy between the two.
Client acknowledges that the conversion of machine editable documents from the system or format employed
by EDSA to that of Client or others cannot be accomplished without the introduction of inexactitude,
abnormalities, and errors. In the event documents provided to Client in machine-readable form are so
converted, Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to
hold harmless and indemnify EDSA and EDSA's professional associates and consultants from and against all
arising claims,liabilities,losses,and expenses including attorney fees.
9. AN fees and reimbursable expenses will be invoiced monthly and shall be payable in net U.S. Dollars drawn
upon a U.S. Bank unless otherwise stated in this letter agreement. The Client understands and acknowledges
that these fees are net of any non-U.S. taxes and/or tariffs. If a retainer is received by EDSA, it will be applied
to the final payment due unless otherwise stated in this letter agreement.
10. In the event the Client should use a foreign bank as its payment bank, the Client shall wire the funds in U.S.
Dollars, net of any transaction fees,to EDSA's local bank using the following information:
BANK: SunTnat Bank
515 Esd Las Olas Blvd.
Fort Lauderdale,FL 33301
ABA NUMBER: 001000104
SWIFT NUMBER: SNTRUS3A
CREDIT: EDSA,Inc.
ACCOUNT NUMBER: 1000114180770
Plows,kmftafo prre>ywt na m and/or number to be cr+sdNed
11. All invoices are payable upon receipt. In the event payment is not received within thirty (30) days of invoice
date, the past due balance may be assessed an interest penally of one and one-half percent (1 lh%) per
month.
In the event EDSA does not receive payment within sixty (60) days, EDSA may stop work on the project until
payment is received. Stoppage of work by EDSA due to non-payment of invoices beyond sixty(60)days will
not be deemed as a default under the terms of this letter agreement. An additional fee may be required to stop
and restart work due to nonpayment.
12. In the event that the project is suspended for more than forty-five (45) days, through no fault of EDSA, EDSA
shall be entitled to payment for services on a percentage of completion basis for all completed work.
13. The Client agrees that this letter agreement shall be interpreted according to the laws of the state where the
contracting EDSA office is located,and agrees to reimburse EDSA for reasonable attorney's fees, court costs,
and all expenses including without limitation, all such fees, costs, and expenses incidental to arbitration,
appeals, and post-judgment proceedings that it may expend in enforcing this letter agreement. In the event of
any such dispute,Gient agrees that the court venue will be located in Broward County, Florida.
CUENT'S INMALS
FORT LAUDERDALE•ORLANDO•BEUING-BALTIMORE
GENERAL TERMS AND CONDMONS
PAGE 3 of 3
14. Signature of the attached letter agreement will signify the Client's acceptance of all the Terms and Conditions
outlined herein. Accordingly, the Client warrants that the necessary funds are available to pay EDSA for the
services and expenses outlined in this letter agreement and that these funds are not encumbered nor
contingent upon subsequent approvals,permits or financing commitments.
15. The Client may terminate this Agreement without cause with ten days written notice and may terminate with
cause upon seven days written notice by certified mail, facsimile, or private courier. The Client may direct
EDSA to immediately stop work in the event of a termination with cause.
EDSA shall give the Client ten days written notice of EDSA's intention to terminate or suspend provision of
services. This notice shall specify EDSA's reason(s)for the intended termination or suspension and shall state
with specificity the means by which the Ment may cure the asserted grievance. If the Client,through no fault
of EDSA,fails to cure the asserted grievance within seven days thereafter,this Agreement may be immediately
terminated by EDSA.
In the event of termination, EDSA shall be compensated for all services fully and satisfactorily performed until
such termination date,together with Reimbursable Expenses incurred.
16. This letter agreement will be valid for the duration of the project.
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CLIENT'S INMALS
FORT LAUDERDALE•ORLANDO•BEUING•BALTIMORE
RATE SCHEDULE
EFFECTIVE MAY 1,2011
Principal $300 per hour
Associate Principal $240 per hour
Vice President $180 per hour
Senior Associate $150 per hour
Associates $120 per hour
Design Staff II $110 per hour
Design Staff 1 $90 per hour
Draftsperson II $55 per hour
Draftsperson 1 $50 per hour
Clerical Staff $60 per hour
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Client's Initials:
1512 E BROWARD BOUT EVARD,FORT I.AIIDERDAI.E FLORIDA 33-01 USA TEL,95'1-521-3330 NlWW EDSAPI AN CODA