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R-2014-070 - Executed an Agreement with EDSA, Inc., for the Ocean Park Revitalization Plan-Phase 1 Project not to exceed $293,000.00
RESOLUTION NO. 2014-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A BID AWARD TO BE GRANTED TO EDSA, INC., RELATING TO THE DANIA BEACH OCEAN PARK REVITALIZATION PLAN-PHASE I PROJECT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH EDSA, INC., FOR A TOTAL AMOUNT NOT TO EXCEED $293,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 2, 2014, the City of Dania Beach advertised a Request for Qualifications ("RFQ")No. 14-010 for the Dania Beach Ocean Park Revitalization Plan-Phase I Project; and WHEREAS, on May 23, 2014, the City received responses to the RFQ; and WHEREAS, the Ci 's Staff Review Committee together with the City Commission t3' � g t3' , reviewed the RFQ responses and after careful analysis, EDSA, Inc. has been selected to be awarded the work for the Dania Beach Ocean Park Revitalization Plan-Phase I Project; and WHEREAS, the City agrees to pay EDSA (per its Letter of Proposal (specifying its "Scope of Services") dated August 8, 2014, an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00), relating only to Task Nos. 1 and 2 (schematic/design- development, and development of construction documents); both Task Nos. 3 and 4 (environmental permitting, bidding assistance, and construction permitting and construction observation) may be performed on an as needed basis as directed by the City and will be billed hourly, in an amount not to exceed One Hundred Thirteen Thousand Dollars($113,000.00); NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above "Whereas" clauses are ratified, made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves the work to be awarded to EDSA, Inc., relating to the Dania Beach Ocean Park Revitalization Plan-Phase I Project; a copy of the Agreement is attached as Exhibit "A", made a part of and incorporated into this Resolution by this reference, and the proper City officials are authorized to execute the Agreement. Section 3. The City agrees to pay EDSA, per its Letter of Proposal (specifying its "Scope of Services") dated August 8, 2014, only for Task Nos. 1 and 2, an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00); a copy of the Letter of Proposal is attached as Exhibit "A-1", which is made a part of and incorporated into this Resolution by this reference. Both Task Nos. 3 and 4 may be performed on an as needed basis as directed by the City and will be billed hourly at rates varying from sixty dollars ($60.00) per hour to three hundred dollars ($300.00) per hour, in a total amount not to exceed One Hundred Thirteen Thousand Dollars ($113,000.00). Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and proper and in the best interest of the City. Section 5. That funding for the above-referenced Project was planned and will be charged to the Capital Projects Fund, Recreation Beach-Phase I Project Account, Account No. 301-72-59-572-31-10. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 26, 2014. ATTEST: LOUISE STILSON, CMC WALTER B. DUKE, III CITY CLERK MAYOR APPROVED AS T FO AND CORRECTNESS: THOIVIAS J. MSBfRO CITY ATTORNEY 2 RESOLUTION#2014-070 AGREEMENT THIS IS AN AGREEMENT (the"Agreement") entered into on 12014, between the City of Dania Beach, Florida, a Florida 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 East 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 adequacy and receipt of which are acknowledged and agreed upon,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the Letter of Proposal (specifying its "Scope of Services") dated August 8, 2014, for Dania Beach Ocean Park Revitalization Plan-Phase I Project described in attached Exhibit"A-1",which is made a part of and incorporated into this Agreement by this reference. 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. The City agrees to pay EDSA (per its Letter of Proposal (specifying its "Scope of Services") dated August 8, 2014, an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00), relating only to Task Nos. 1 and 2 (schematic/design-development, and development of construction documents); both Task Nos. 3 and 4 (environmental permitting, bidding assistance, and construction permitting and construction observation) may be performed on an as needed basis as directed by the City and will be billed hourly, in an amount not to exceed One Hundred Thirteen Thousand Dollars ($113,000.00); a. 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 under the Letter of Proposal (specifying its "Scope of Services") 3 RESOLUTION#2014-070 described in the attached Exhibit"A-1", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. d. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each 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. The Consultant shall in addition to any other obligation to indemnify the Owner and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the Owner, 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 or its subcontractors, 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, copyright or trademark rights by Consultant or its subcontractors in the performance of the work; (c) liens, claims, actions made by the Consultant or its subcontractors or other party performing the work; (d) claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to Contract or in an attempt to collect monies 4 RESOLUTION#2014-070 due or claimed to be due to the Owner. 5. Insurance Coverage. The Consultant shall not commence Work under the Agreement until Consultant has obtained all insurance required under paragraph, and not until such time that the coverages are approved by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or any Subcontractor to commence Work on any subcontract until the Subcontractor and all Coverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In addition, Consultant shall be responsible for any and all policy deductibles and self-insured retentions. 5.1 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. If the"Official" certificates are not delivered before or on the fourteenth (14a') Business Day after the issuance by the City of the "Notice of Apparent Low Respondent", then the City has the right to consider the awarded Agreement to the successful Respondent as void and to negotiate a contract with the next lowest Respondent. "Special Provisions", as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the"Official" certificates. 5.2 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Consultant is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. 5.3 Coverages shall be in force until all Work required to be performed under the terms of this Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT AND ANY SUBCONTRACTOR OF THE CONSULTANT SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN 5 RESOLUTION#2014-070 COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS, WHICH DOCUMENTS ARE MADE A PART OF AND INCORPORATED INTO THIS AGREEMENT, CONCERNING CONSULTANT OR ITS CONTACTOR OR SUBCONTRACTOR'S DELAY. 5.4 Insurance Requirements. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Consultant shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Consultant shall be responsible for any deductible amounts. 5.5 Professional Liability Insurance covering any engineering, architectural design consulting or other licensed services related to the scope of the Work in an amount of no less than One Million Dollars($1,000,000.00). SPECIAL PROVISIONS AS TO PROFESSIONAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Consultant has responsibility for notification); and • Professional Liability coverage must apply to the job for a minimum of two (2) years following the Project's completion date by evidence of written acceptance of completion by the City. 5.6 General Liability Insurance to include bodily injury, broad form property damage, products completed operations, blanket contractual liability, and personal injury with limits of no less than Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars($4,000,000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • Annual Aggregate shall apply"Per Job"; • "The City of Dania Beach, Florida" is added as"Additional Named Insured"; • Additional Named Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion date of the Work or Project, as evidenced by a written acceptance of completion by the City; • Additional named insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); • Consultant's insurance shall be primary and non-contributory; 6 RESOLUTION#2014-070 • Waiver of Subrogation in favor of the City; • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Consultant has responsibility for notification); and • Copy of Additional Named Insured Endorsement or other endorsements may be attached to the Certificate. 5.7 Workers' Compensation Insurance shall be maintained by Consultant and any contractors or subcontractors during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Consultant (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant, its employees, and subcontractors. In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Consultant shall require any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor or Subcontractor, by furnishing statutory limits Part A, and no less than and One Million Dollars ($1,000,000.00) employers' liability limits Part B. In no event shall the consultant be permitted to utilize in the prosecution of the work, the following: i) any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from workers' compensation insurance coverage; or ii) any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days' Notice of Cancellation or modification to City(if not available on the insurance policies,then Consultant has responsibility for notification); and • Waiver of Subrogation in favor of the City. 5.8 Automobile Liability Insurance shall be maintained with combined single limits of no less than Two Million Dollars ($2,000,000.00), to include coverage for owned, hired, and non-owned vehicles. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • "The City of Dania Beach"is added as"Additional Named Insured"; • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies,then Consultant has responsibility for notification); and • Waiver of Subrogation in favor of the City. 7 RESOLUTION#2014-070 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 for this Project. 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 the 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 the 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. g RESOLUTION#2014-070 I 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents 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 RESOLUTION#2014-070 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 subcontractors) 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, 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 parry 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, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: 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 10 RESOLUTION#2014-070 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. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and such exhibit is 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, advertisement for bids, bid documents, any and all addendum, addenda, drawings, etc., to the bid documents, and any 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, subcontractors, 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 11 RESOLUTION#2014-070 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 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. 12 RESOLUTION#2014-070 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 Florida municipal Corporation LOUISE STILSON, CMC WALTER B. DUKE,III CITY CLERK MAYOR ROBERT BALDWIN CITY MANAGER DATED: AS TO SCOPE OF WORK: Marc LaFerrier, Director Community Development Department APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY i 13 RESOLUTION#2014-070 CONSULTANT: WITNESSES: EDSA,Inc.,a Florida corporation Signature Signature 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 2014, 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 14 RESOLUTION#2014-070 Exldbit A-L' August 8,2014 bCOPEOF889MCM ll _Bradt Casson Park Retdlatirasfion l'IeiQ,-la10 i14-ono The EDSA loam is very excited about the City of Dania Beach Ocean Park Revitalization Plan and thank you for the oppaumity to work t4gelhef, please see below our approach ante scope of 3ervictis as requested.The scope of services and deFnerables shall be oonsisterit with the RrQ.See page 48 and 49 of the master plan dated March 6, 2013.Phase 1 ink dune restoration and enharreemenit,beautillioMn of the entrance area at the pierAestaurani% pier shading devices modification to existing perking as necessary,relocation of FILL overhead wires,relocation or utl?y boxes. rwo ation of existing reWoorns,a beach portal.a water sports Wit*,north beach enhanc€merits. signage and landscape.We are certain ow team can develop a plat with the C11y that will achieve the future goads of Mania Beach p provide a waterfront llfat is dean.safe.and enviiorrttentalty iri�it , f. APPROACH A. Our approach would be fist to review goals and obiec vas set forth for phase 1 from the maw plan„We wcxukt dD this initial muting in ilia format of an on-site kids-cif rneet wo1*94op During which we would renew or exiWing ccnd0ons, project scope, orWing rriairna efforts and proposed master plan dernonts. We will also establish a sohBdule iher meets the objectives of the City of Dania Beach undarsa acing key renews end milestones. B. We would begin schematic design w[xk in conjunction with you to refine erdutaclural and kand pe elerriertts simultarteousty and eupiore all erwworwriental,landecapa archnecttire,engineering and architacttue reiateci aspects such as beach naurishments, dunce re-esiablishmerat, building character, style, messing, utility systems pfantings.paving metarials,fighdrig,sig<nage,wales,columns,water features.furniture,etc. We feel a strong theme needs be tD developed and integrated.We will base our approach to refining the character based an the approved Dania Bead,Ocean Pa*Rerculmlon Whaster Plan. C. After the sohernm designs nave heal estal]Ibhsd we vKxAd develop the ideas through fhs subsequent dmW stages.We will follow through with construction services to assure that he development to carried W to the expectations of the Oity and the design kun[_EDSA bellem that every prajarA is unique-The project should be true in the emm"nanz 4 shares.EDSA understands that the basic design philosophy of understanding the site, listening to the users and hViernmrtiig the ideas responsibly is essential to every elan[.Our appmach to Planning has been tested and suci eWul iri pro*ts ad all types. PROJECT METHODOLOGY ®SA understands that this assignment will be carried cut in s000ndanoo with the RFD and any subsequent deliverables as requasled by the City-The pro eselonai services wit include landscape arcxtitecture,en*o menNat engineering,architecture,rive enomer ng,surveying,cost estimating and eo©rrt miss services including schematic I design development. oon9tr=bn documents, environmental penrAlingL bidding, pwmltirg and owistmrfian observation for phase t of the Ocean Pak.We will also conduct regular design rnoetings and reviews so the Gty can be iMdrrrle cl of the progress.EDSA will inctude prokesiotal design ssrAms going forward for future phases to assure contiruuity and delver the best value for the Q&y of Danis Beach. Below we have ouUmed our understanding of;Fie scope bl work for professional services requested '5171-.RKWARD DCnAEARC.SJrtE-,-0.RAT tJ4-1)9d1ALr-,F1_C]aL7J.3=1,.134 rE_:G(A.$2t:= Mc 9U1124.6'.77 ••wr:961B31v�.ca-, 15 RESOLUTION#2014-070 Cry of Dania Basch Ooaen Park Rmbimm Plan-FW-Q r 14-016 F.uOW A Au1gLet 8.2014 RW2of4 I. St3DPE OF WvORK TASK 1: Schamemic I Design C*mk pnwrtt: ffG10%3dterillsAtslOYss�r�htlAistprnft►ft�d►tNaalovilla�AlM�r�FaryCanb�AprE}k+i�l 1. Survey,as-unlit drawing review and exalt Cme tiors verification 2 Overall site t]lan with calculations 3. Layout plan update and materials plan Showing dimertaonS.material label end p4alirg patterns 4. Phan enlergernents as appropriate for beach emy,arrival courts.etc.W to 4 tows 5- Character rations(up to 4 tat* 6- Grating plerm w?h contours and spat elevations 7. Plarttirrg plans with rnalark-&list sierrrativea 8. EnvRanrnental ergkreeri g plans for FDEP and FPNCC review and approval 9. Irrigation plans with mail rules and zones 10.ExGsrior lightig plans a hmeming locations W types and rmm 11.Prelknwnary ar&0wWre dernoiltion pL m 12-Preliminary ard*=Wm door piano 13.Preliminary ardAecfure reliected ceiling plans 14.Preliminary er ftecium sections and elevailorts 15- MEP and structural narative 16, Order of magnitude soli estimate-dew opinion of probable costs TASK 2: Conshmelion Docurftatta: an AarME/(1iAAcruQhigit l Conaauo6on Doamento slued be based on the apgr vW Design Development Docunrarns.EDSA Mall prepare C;ormaruction Docu rants ding of Drawings and Specilicattora snettitg forth in dotal fhe mquimnents for all construction of the prnjact for those arem within the Design Development page a*- These tlomrnalt9 stall consist of Ste PLam. Layout Plea.Grading Plans,Ptantkrg P1ars,Ervvirnnmentai Engihearig Plans and Detail¢.Irrigation Plans,Exierlor UgWng Plane, Ar hrre Demo Plans, Amhctecture Roor Plans. PAfteaad Ceryng Plans, Boar Plane: Sections and Elavatiorm MEP Plans.Sections and Details,Structural Rom,Sections and D Finish, Door end Window Schedule. Telecorn / Security Plans and Details and Mrs Detail at apprtlpriete scales.A194,an updated derail cost estirnm vv71 the prtrrided as part of that st>b Nossion. TASKS �6rruYL'fheb lily pig andraytaiatr�gperrch�eyl During the Tack#1 effort we veil begin she environmental pm nk process.The team will prepare and fin IM permit drawings and prepare applications for the pmpowd structures to be renovated and constructed east of the Coastal Construc*m Control Line(CCCL). Prepare responses to FDEF and FFW=fiayrasts for Additional trionnsticn(RAls)and revise purls and exhibits as necessary for peant approval TASK4: Bidding Aeeistettca.Pmmillino and Gonsbuman Obeervetlon:As_neectad mnoces fft7O K Camilmockm Dacrnrrarrls Stbnhftr lbrCwnhztbV Following*a City's approval of the Cnnem ctian Documents and of the istest approved project budget.EDSA shall asset*he City In obtaining bids or neget propossis and assist in awranxng and preparing contracts for consttuctlorn.Tt>ws eNor wA also Include a PWbid meeting to assist the City and Caitractor in avvarding bids to Sub-Cantramors.EDSA shel be voosbie to review s%p drawings, submi:;als. RFI's and construction pragnssa at appropriate ntervels to assure that the oontmctor is carrynrg t)Ut ft detaled designs of the documer*L We will also conduct conetr x on inspections of the dune restoration, building footprints, and lighting far consistency with permit conditions and approved pigs. Site visits wl be bi-rrnurifhby and for 2 days during final corsmuchm. 1.573!-.if pUW U uU t:WARD.SUIT°1 h0.;O"LFUCUUAL E-F OR17A=.l lSA TEL:95$-V4.31 FA%'9M.5V 0177 omwa sapikaftco rr 16 RESOLUTION#2014-070 City of❑m Boeth daosan Park RevEta zabon Mn-RM#14-010 Exhbe A August g,2014 Peps 3 d 4 AdbWonW Svnit19. w AddifdO W uSovoces wa be cansidered Hwse services requWW by Me City to add necessmy scope wVM tfra overall V-mV t of the project,Aba,s€Vaces rabffid to rtfak ng reviskm or ad*j=to&awi W,rawws or ostler doraum"s ovarad n#W such revrwons am ixowstenf with tnsfru tWS prsviveisk gdvem True spent to addteas ffmppr dro8rm or dew chwW by ft G!y wX be corrsddsrsdAdc krtW SeNOM and wdd be provid d if elWhortr�by the Cty.FDSA wdd't 0,*G1O'9afy wish the ON to track the prq=1 scope to assure A is conslstant mtYr the Uxfga P— bidizaWn due to pmfiV dMy by more 6—2 fnonths by City"necrssWe renegotiation of Am,StibsequoW oftsas wd r be negonsted with EDSA upon.aufhnrrMon by Cdy of 17aw Beech Gunn,;v". III. VJC RKLOAD SCHEDULE AND TIMEiJNE The requited bw duration w®ascute the scope of 9ervok g for phases 1-4 is 40 weeks(madWing the neQulred tuna far City epprovap starting from contram agnafuae accordance or notice to proceed. TASK D 11" M_ MONTH 1 TABK DURATION 1 2 S 14 15 1E 17 8 Wong, Task 91-Wwns6c/Damon Development 2 CRY Review Talc#2-Carraeujcnon Docu ffwtg 3 City Reasw Task 43-ft"olrtemgttsl FaerenNfing - 3 City%MW Task R4-6uddng,ftmit"and C nabucdon Tt ! Thrullm Tars 1:SE hs natie DesW 8 Design Developrner4 r,ty Commissian app Dvat of Setramatic Design) Duration:4 Io 6 weeks Tesk 2:Gonatr vion Documents Duration:10 to 12 weeks Task 3:Environmentsi Pamv snag Duation;2010 24 weeks(Task wiN commence dLinng ScinemeEic Deygn) Task 4: E lddng,Parmcing,and Construction Ad w**xation [khan:16 to 24 weeks EsWraW du illun#prnjact 40 weeks W.ME ETI GIS Dacron Taeke TASK#1-Meee:ing NI arm 42-Project Kick-Olf 8 City Cornrnission 2 meetings TASK k 2-Meeting 43,04 and#5-30%,GD%$90%Construction Docurrtertls 3 rneetinga TASK#3-Meeting K A T and#8-QXP,FFWCC and Hrvwerd County 3 meetings TASK 4 4-As needed not to exceed agreed amount TE3D i577fNIO&1ANDBUULEwpPD.5U1TE114.FORT LAUCMAU,FLOAOA733r LSA FAXAU.52AD171 www.adapWnm•n ! ! 17 RESOLUTION#2014-070 Qtv of l)enia Basch Oam Pads A9tidafirebw Ren-APO w14.01 C 144bit A S.2DU Page 4 of 4 W. COMPENSATION ttirld GENERAL TAUS Be.9ed on the scope of senicas outww in the Imo]. %ve have —laded Our seances fees W your COnsl0crdtiOn-We have also utked 9indar efforts as a bencunark of estirrnatad fees iar profeg#onal senioes.EDSA would suggest a lamp sum tee in the amount$18a=W 44 noMwe for the basic services outlined in Task#1- Task 42 Abo,we propose that Task#3 aid Taste#4 will be perlonnad as needed and blued on an horny bases in accordance wile the hourly raves identified on the attached spreedat",-o an am ant not to ewoeed$1140M.W W 000%The compensation is all-inclusive of labor and expenses to provide the pro arm services requesfetl. The abtwe fees incWde time in and out of the o0llce for rreebrigs and presentstions including travel time. We have estimded taxes. admnistra"costs, o0wws,technical m ance,accommodations,travel and other expenses which are Included in the tam above.This pr xaW Is valid for t30 days from issuance. F .AW&,Satrnlatt4 h reat 02 and 04 M to lady mt to mm d to sots►arulorrll sogd Sall B"M a&r achf/aaw of i OA%bmdllg=and*o dreallEb . Task# Phu*Doeftom PUM Faas TOW Task fkt Sdtamatic f Sw 000.00 $1.000.00 SM 000.00 sir Task#2 Conuctlon Documents $109 000.a0 $1.000.00 is 10 000.00 Task#3 EnvirohvraWall ,000.00 $1.000.00 $50 000.00 Task 04' &Cansbuc ion Obswallon $82 000.00 $1,000.00 000,00 TOTAL 000.00 AD 000.00 Teek# Ph=Rajoo pawrwd# Amowlt k"ftmo NMKZM&* 1 $5 000.00 Task rr1 Schematic/Design Develapmant 2 M 000.00 3 s95 000,00 Task#2 ¢ Construction Documents _' 5 39,000.00 6 $38 000.00 7 - $18.000.00 Task#3 Environmental Permitting 8 $18 OQQOp 9 - $ifi.000.00 t0 S110.5moo - 11 -- $10 .00 Task Bidding,PenrAW*and C,onstructi3nobaervation 12 $10 .00 I 13 $10".00 I 14 10 .00 TOTAL -- $=AM.00 GENERAL TERW AM COMMONS The EDSA team will adhere to the City general Term and conditions.On assignrnim of ttya W.we would require an initial maloW non deposit as slaw) in the Payment schedule. If this proposal priests with ya r needs and expectations, receipt of a signed copy at Thropood, standard c orwact and i*w psymarrt will seraa as our auttmrbaWn to prooead with the above outined scope. G:Wq at59c1Ca'PMPM d P+Mtclsti ktw r to.Dane BOW IW"- W of Dxw 3Mrph Otmn Pwk_l p�tr A Sam M Sara we laps h.l-41.do[ 1512 E.DFDV AF97 W t EVAFV.5UrTE 119,MT-IA:DEMAL6,FLOR=3='LJSA rt 85 M4.3330 W.,954MU177 wnwAd9x*m own 18 RESOLUTION#2014-070 ]is 11 \ . | ! . | ■@ sgs . . I ■a ' � , | � | [ � - !/ ! || . � 99 RESOLUTION#0140 0