HomeMy WebLinkAboutCSA #2 Park SurveyKIMLEY-HORN AND ASSOCIATES, INC.
445 24T Street, Suite 200
Work Authorization No: CSA - N2
Prolect Title: Riverview Park Event Complex Survey
IT IS AGREED to undertake the following work in accordance with the provisions of the Klmley-Horn and Associate's
Master Agreement entitled Non -Exclusive Engineering Consulting Services Agreement — Citywide, dated February 2,
2021.
Description of Assignment:
Kimley-Horn will prepare a Topographic Survey. The workliproject will include:
1. The Topographic Survey of the portion of Riverview Park lying east of US Highway 1, south of Sebastian
Blvd., north of Harrison St, and west of Indian River Drive. The Topographic survey will also Include the City
property lying east of Indian River Drive and south of the easterly extension of Sebastian Boulevard.
2. Aboveground improvements will be field located and shown on the survey. Rim and invert elevations of the
accessible storm and sanitary sewer structures will be obtained. Surface evidence of underground utilities
will be located. Elevations will be shown on an approximate 50' grid throughout the she. All elevations will be
referenced to the North American Vertical Datum of 1988 (NAVD 88).
The right of way lines for Sebastian Boulevard, Harrison Street and US Highway 1 will be shown. The edge of
water line along the west shore of the Indian River will be located. Locating the mean highwater line
establishing the eastern boundary to the lagoon, is not included in this scope.
The Topographic Survey will be performed in accordance with the Standards of Practice set forth In Chapter
5J-17 of the Flonda Administrative Code.
3. Pricing
Description Quantity ContrPrice
actetl Unit I $42.800.00 TOTALS
I T0000raohic Survev
4. Deliverables Provided to the City(sum s. clans. etc.l
I Des( Zon
I a. T0000raohic Survey
Quantity
Basic of CompensationlPeriod of Services:
The above referenced description for CSA fit will be performed for a fee in the amount of $42,800.00.
AGREED:
VENDO
Date:
Peter an ens, Senior Vce President
Kimley-Ho and Associates, Inc.
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CITY OF EBASTIAN:
C(/ Dater
/ Paul E. Ca' irl sle
City Manager
Approved as to Form and Conte elia
by the City only.
/MannipAflbn ,�rJ .,?ily Attorney
KimleyoHorn
August 18, 2021
Ms. Lisa Frazier
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Riverview Park Event Complex Survey
Sebastian, Florida
Dear Ms. Frazier.
Kimley-Hom and Associates, Inc. ('Kimley-Hom' or *the Consultant') is pleased to submit this letter
agreement (the *Agreement') to the City of Sebastian ('City' or'the Client') for consulting services
associated with the Riverview Park Event Complex ('the Projecr). Our project understanding, scope
of services, schedule, and fee estimate are provided below.
PROJECT UNDERSTANDING
It is our understanding the City of Sebastian requests survey information for a project at Riverview Park.
The city desires to establish a base map for future Riverview Park Event Complex improvements.
Riverview Park is located east of US Hwy 1 and west of the Indian river near the intersection of US
Hwy 1 and Harrison Street in the City of Sebastian.
Our scope of services defined below is based on this understanding:
SCOPE OF SERVICES
Task 1 — Boundary and T000araohic Survev
Kimley-Hom will prepare a Topographic Survey of the portion of Riverview Park lying east of US
Highway 1, south of Sebastian Blvd., north of Harrison St, and west of Indian River Drive. The
Topographic survey will also include the City property lying east of Indian River Drive and south of the
easterly extension of Sebastian Boulevard. (as shown on the attached exhibit)
Aboveground improvements will be field located and shown on the survey. Rim and invert elevations
of the accessible stone and sanitary sewer structures will be obtained. Surface evidence of
underground utilities will be located. Elevations will be shown on an approximate 50' grid throughout
the site. All elevations will be referenced to the North American Vertical Datum of 1988 (NAVD 88).
The right of way lines for Sebastian Boulevard, Harrison Street and US Highway 1 will be shown. The
edge of water line along the west shore of the Indian River will be located. Locating the mean high-
water line establishing the eastern boundary to the lagoon, is not included in this scope.
The Topographic Survey will be performed in accordance with the Standards of Practice set forth in
Chapter 5d-17 of the Florida Administrative Code.
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Kimley>>>Horn F�9e2
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope may be performed as additional services
and billed at our hourly rates per the Agreement and upon authorization from the City. Additional
services we can provide include, but are not limited to, the following:
• Site Planning
• Landscape Design
• Preparation of Civil Plans
• Permitting
• Construction Phase Services
• Opinions of Probably Cost
• Signage and wayfinding design and permitting
• Decorative fountains and / or water feature design and engineering
• Site visits
• 3-D modeling and visualization packages
• Arboricuhural services
• Traffic studies or tragic planning reports
• Roadway Engineering Services, Maintenance of Traffic Plans
• Structural and Electrical Engineering
• Value Engineering services
• Material testing services
• LEED certification services
• Planning assistance for variances, zoning, and ROW vacates
• Environmental Services and Geotechnical reports
• Design and engineering of overhead structures, playgrounds, or other structural elements
INFORMATION PROVIDED BY THE CLIENT
The following information, upon which the consultant may rely, will be provided to Kimley-Horn by the
Client or its representative:
• Existing plans and surveys on file at the City of Sebastian for Riverview Park
• Previous public comments, surveys, and feedback related to proposed site improvements
SCHEDULE
Consultant shall provide the services described in the above scope as expeditiously as practical to
meet a mutually agreed upon schedule with the Client.
FEE AND BILLING
Kimley-Hom will perform the services in Tasks 1 through 2 for a lump sum outlined below. In addition
to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, travel,
and other direct expenses will be billed at 1.15 times the cost. All permitting, application, and similar
project fees will be paid directly by the Client.
Task I........................................................Topographic Survey $42,800
445 24- Steel, Suite 200, Vero Beach, FL 32960
Kimley»)Horn Pace,
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services
completed or actual services performed, plus expenses incurred as of the invoice date. Payment will
be due within 25 days of your receipt of the invoice.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, offers its clients the option to
receive electronic invoices. These invoices come via email in an Adobe PDF format. We can also
provide a paper copy via regular mail if requested. Please select a billing method from the choices
below:
X Please email all invoices to lfrazier@cityofsebastian.org
X Please copy ismith@citvofsebastian.orr
CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the terns and conditions in the attached Standard Provisions, which are incorporated by reference.
As used in the Standard Provisions, the term "the Consultant' shall refer to Kimley-Horn and
Associates, Inc., and the term "the Client' shall refer to City of Sebastian.
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute both copies of this Agreement in the spaces provided below, retain one
copy, and return the other to our office for further processing. Fees and times stated in this Agreement
are valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please do not hesitate to contact me
if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Sara Battles, P.E. Scott Mingon L A, AICP
Project Manager Senior Vice Pr dent
Attachment —Standard Provisions
445 24- Street, Suite 200; Vero Beach, FL 32960
Kimley>>)Horn
Agreedtothis 8th dayof September ,2021.
CITY OF SEBASTIAN _
A Mun`iyJPality / By: City Manager
/ Paul E. Carlisle -
(Print or Type Name) -
pcarlisle@cityofsebastian.org = _
(Email Address) - -
Attest: Secretary/Assistant Secretary
Jeanette Williams, City Clerk
(Pnnl or Type Name)
ram"n"'"'a"71446 24- Sheet, Suite:200; Vera Beach, FL 32960
KimleyoHorn R,, 5
KIMLEY•HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consullanl's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these previsions. Unless otherwise agreed to in
writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's
than-curent hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be
billed at 1.15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
Instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
and all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as
surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(a) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto
within a reasonable time so as not to delay the Consultant
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary.
(g) Obtain any Independent amounting, legal, insurance, costestimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that
affects the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a property
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or
suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for
more then six months, Consultant's compensation shall be renegotiated.
(4) Method of Payment Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice
will be due within 60 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held
by the Consultant and applied against the final invoice. Interest will be added to amounts not paid within 60 days
at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement
within 60 days after the Consultant's transmiltal of its invoice, the Consultant may, after giving notice to the Client.
suspend services and withhold deliverables unfit all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay
Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure
payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of
receipt of the Invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due
and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due,
its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such
expenses shell include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such
proceedings by its employees.
(a) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The
Consultant may negotiate payment of any check tendered by the Client, even If the words "in full satisfaction' or
words intended to have similar effect appear on the check without such negotiation being an accord and
satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts
hour, the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used any if the Client has satisfied all of its obligations under this
Agreement, They are not intended or represented to be suitable for use or reuse by the Client or others on
extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's
documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's
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sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant
harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting
therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be
provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an
electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In
the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the
documents prepared by the Consultant, the hardcopy shall govern.
(6) Opinions of Cost Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions
rendered as to costs, including but not limited to the costs of construction and materials, are made solely based
on its judgment as a professional familiar with the Industry. The Consultant cannot and does not guarantee that
proposals, bids or actual costs will not vary from its opinions of cost If the Client wishes greater assurance as to
the amount of any cost, it shall employ an independent cost estimator. Consultants services required to bring costs
within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The
Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and
other reasonable expenses incurred by the Consultant as a result of such lamination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and
skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of
services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the
Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding
any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in
the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants
to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of or in any way related to the services under this Agreement from any causes, including
but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any
warranty, express or implied, of the Consultant or the Consultants officers, directors, employees, agents, and
subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement
or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is
intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing
in this Section 9 shall require the Client to indemnify the Consultant.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance
with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the
Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully -approved
plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision
until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third -party
reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The
Consultant shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate,
that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to
violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted
first to mediation in accordance with the Amencen Arbitration Association as a condition Precedent to IiUgation.
(14) Harerdaus Substances and Conditions. Consultant shall not be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultants services
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will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for
isolation, removal, or remedialion. The Consultant will notify the Client of unanticipated hazardous substances or
conditions of which the Consultant actually becomes aware. The Consultant may slop affected portions of its
services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site
visits, the Client assumes all responsibility for interpretation of the documents and for construction observation,
and the Client waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractors means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to slop or direct the work of any contractor. The Consultant's visits will be for the purpose of
endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will
generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors, nor assumes responsibility for any contractors failure to perform its work in
accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for lob site safety and its means and methods; that the contractor shall
indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the
Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(15) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or
benefits to anyone otherthan the Client and the Consultant, and all duties and responsibilities undertaken pursuant
to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assignor transfer
any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,
without the written consent of the Consultant. The Consultant reserves the right to augment its staff with
subconsultants as it deems appropriate due to pmjecl logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees, contract employees, or independent
subconsultents.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the
performance of its services. If, however, any facts, data or information are specifically identified in writing by the
Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This
Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and
contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except
as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed
by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and
are hereby expressly rejected by the Consultant Any provision in this Agreement that is unenforceable shall be
ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-
enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement
(19) PURSUANT TO FS 558.0035, EMPLOYEES OF
CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS
AGREEMENT.
Rev 10/20
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HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: August 25, 2021
Agenda Item Title: Approve Continuing Engineering Services from Kimley-Horn and Associates,
Inc. (KHA) for baseline survey of the Riverview Park Event Complex
Recommendation: The Community Development and Leisure Services Department recommend
approval of the KHA Consultant Services Agreement (CSA) #2.
Backoround: Riverview Park and the entire Riverfront Event Complex is an important
economic and community feature to the City of Sebastian. For many years the community has expressed
concern regarding preservation of the tree canopy within Riverview Park. Funding has been budgeted for
assessment and improvements to Riverview Park for the preservation of this canopy and the best utilization of
the entire Riverfront Event Complex. After careful study of this area, including an assessment of the tree
canopy and sidewalk improvements, staff has determined that a baseline survey of the complex should be
pursued in order to determine the best utilization of the entire area In order to alleviate future impacts to the
canopy including drainage, parking, and event layout.
Staff recommends consideration of the attached proposal from KHA, one of the Citys continuing services
engineers.
IF Agenda Item Requires Expenditure of Funds:
Budgeted Amount: $135,000
Total Cost: $42,800
Funds to Be Utilized for Appropriation: DST
Attachments:
1. GSA #2
2. KHA Proposal
Administrative Services Department Reviet w • t
City Attorney Review:
Procurement Division Review, !f a plicabl :/ 1 ✓ "hJ l
City Manager Authorization: '
Date: a//9l�1