HomeMy WebLinkAbout2023 AgreementNON-EXCLUSIVE AGREEMENT
For
RFQ 23-069 CONTINUING PROFESSIONAL PLANNING AND LANDSCAPE ARUba i ECT
CONSULTING SERVICES
THIS AGREEMENT entered into this 13TH day of July, 2023 between the City of Sebastian, a Florida municipal
corporation, hereinafter referred to as the "CITY", and Kimley-Horn and Associates, Incorporated, hereinafter
referred to as the "Planning and Landscape Architect Consultant."
WITNESSETH
The City and the Planning and Landscape Architect Consultant, in consideration of their mutual covenants, herein
agree with respect to the performance of professional planning and landscape architecture services by the
Planning and Landscape Architect Consultant, and the payment for those services by the City, as set forth below
and in the individual Consultant Service Agreements (CSA). This agreement shall be referred to as the
"MASTER AGREEMENT" under which future CSAs will apply.
The Planning and Landscape Architect Consultant shall provide the City with professional planning and
landscape architect services and such other related services as defined in each specific CSA, in all phases of each
project unless specified otherwise. The Planning and Landscape Architect Consultant shall serve as the City's
professional representative for the project(s) as set forth in each CSA, and shall provide professional advice to the
City during the performance of the services to be rendered and as to the fulfillment of project requirements. The
Planning and Landscape Architect Consultant is retained by the City to perform these consulting services under
this non-exclusive continuing agreement with the City.
SECTION 1— AGREEMENT DOCUMENTS
The Agreement Documents shall be made part of this Master Agreement as follows:
Exhibit A — Kimley-Horn Hourly Billing Rates
Exhibit B — Kimley-Horn Proposal
Exhibit C - City's RFQ 23-06 Proposal
SECTION 2 — SCOPE OF SERVICES
The Scope of Services shall be identified in each individual CSA prepared by the Planning and Landscape
Architect Consultant and approved by the City. Each CSA will be numbered to track the issuance of a project.
Example: (RFQ #23-06-Consultant-CSA#), i.e., 23-06-KH-CSA-01. Commencement of work is subsequent to
the execution of the CSA and a Notice to Proceed from the City for all or any designated portion of the CSA and
shall be Derformed and completed by the agreed upon and specified date within the CSA and anv allowed
closeout time frame.
NOTE: An added CSA shall be submitted for additional work (i.e., 23-06-KH-CSA-01-ADD1). Basic
services required of the Planning and Landscape Architect Consultant for the project will be described in other
appropriate sections of this Agreement and in individual CSAs.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
SECTION 3 - CITY OBLIGATIONS
The City agrees to provide the following material, data, and/or services as required in connection with the work to
be performed under this Agreement:
A. Provide the Planning and Landscape Architect Consultant with a copy of any pertinent preliminary data
or reports available to the City.
B. The City shall be responsible for obtaining only those permits delineated in the individual CSA or those
required to complete the project if such permit requirements are made into law and established by
regulatory agencies after the effective date of the CSA.
C. The City will promptly execute all completed permit applications required to expedite the acquisition of
any local, state or federal permits made necessary by the project.
D. The City shall make all provisions for the Planning and Landscape Architect Consultant to enter upon
public or private property as reasonably required for the Planning and Landscape Architect Consultant to
perform its services.
SECTION 4 - CITY'S ALLOTMENT OF PROJECT ASSIGNMENTS/WORKLOAD TO THE
SELECTED CONTINUING CONSULTING SERVICE FIRMS
The City, at its sole discretion, will assign projects to the selected Planning and Landscape Architect Consultants
as the City sees fit. The City's decision may be based on project type, project continuity, available man-hours
assigned to City projects by Planning and Landscape Architect Consultant, and/or special expertise or knowledge
possessed by one of the Consultants that may be pertinent to the particular project. Planning and Landscape
Architect Consultants shall have no right to appeal or challenge the City's decision(s) regarding distribution.
SECTION 5 - SCOPE OF SERVICES
The Planning and Landscape Architect Consultant agrees to perform all necessary professional consulting
services in connection with the assigned project(s) as required and as set forth in the following:
1. The Planning and Landscape Architect Consultant will endeavor not to duplicate any previous work done on
any project. Before issuance of a CSA and written authorization to proceed, the Planning and Landscape
Architect Consultant shall consult with the City to clarify and define the City's requirements for the project(s)
and review all available data.
2. In order to accomplish the work under the time frames and conditions set forth in this Agreement, the Planning
and Landscape Architect Consultant shall observe the following requirements:
a) The Planning and Landscape Architect Consultant shall complete its work on the project(s) within
the time allowed by maintaining an adequate staff of registered landscape architects, certified
planners, and other employees and/or sub -consultants on the project(s) at all times.
b) The Planning and Landscape Architect Consultant shall comply with all federal, state, and local
laws applicable to the project(s).
c) The Planning and Landscape Architect Consultant's work product shall conform with all federal,
state and local laws applicable to the project(s).
d) The Planning and Landscape Architect Consultant shall prepare and complete all necessary
sketches, permit application drawings, calculations, and application forms to accompany the
City's applications for any required federal, state, or local permits. The Planning and Landscape
Architect Consultant shall reply to all permitting agency's requests for additional information
related to a permit application.
e) The Planning and Landscape Architect Consultant shall cooperate fully with the City in order that
all phases of the work may be properly scheduled and coordinated.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
f) The Planning and Landscape Architect Consultant shall provide the appropriate quantities of
complete preliminary sets of plans to any city, county, state or federal regulatory agency from
which a permit or other approval is required, prior to final approval of the plan/design by the City
Manager or his/her designee, and shall coordinate the project with all agencies.
g) The Planning and Landscape Architect Consultant shall report the status of the project(s) to the
City Manager or his/her designee upon request and hold all drawings, calculations, and related
work open to the inspection of the City Manager or his/her authorized agent at any time, upon
reasonable request.
3. The Planning and Landscape Architect Consultant shall furnish additional copies of reports, drawings,
specifications, and other pertinent items as required by federal, state and local agencies from which approval
of the project(s) must be obtained, but may charge only for the actual cost of providing such copies. The
Planning and Landscape Architect Consultant shall furnish to the City the necessary number of sets of the
drawings, specifications, reports, and other pertinent items as set forth in individual CSA. The cost of these
sets of documents are not included in the basic compensation Daid to the Planning and Landscape Architect
Consultant, but will be paid as a direct expense. All original documents, including all items furnished to the
Planning and Landscape Architect Consultant by the City pursuant to this Agreement, shall remain the
property of the City, and shall be delivered to the City upon completion of the work or at any time upon
request. All items prepared by the Planning and Landscape Architect Consultant shall be created, maintained,
updated, and provided in the format as specified by the City.
4. The Planning and Landscape Architect Consultant acknowledges that preparation of all applicable permits for
the City's submittal to governmental regulatory agencies, and the Planning and Landscape Architect
Consultant's written responses to all regulatory agencies' questions, are included within the scope of basic
compensation in each particular CSA. Any additional work required by regulatory agencies which establish
such regulations after the effective date of the particular CSA, shall be an additional service, and the City
shall compensate the Planning and Landscape Architect Consultant in accordance with Section 9, "Additional
Work" of this Agreement, and in accordance with the fee schedule in an approved CSA. Approval by the City
shall be required prior to commencement of any additional work.
5. Compensation to the Planning and Landscape Architect Consultant for basic services shall be in accordance
with each CSA, as mutually agreed upon by the Planning and Landscape Architect Consultant and the City. A
schedule of approved hourlv billing rates is included in "Exhibit A" attached, and will be included as Dart of
each CSA when aDvroved.
SECTION 6 - TIME FOR COMPLETION
The time for completion of each project shall be defined in the CSA.
SECTION 7 — CHANGE ORDERS
City may at any time, as the need arises, order changes within the scope of the services without invalidating the
Agreement. If such changes result in an increase or decrease in the CSA total, or in the time required for performance
of the Services, an equitable adjustment shall be authorized by way of a Change Order (CO).
KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
SECTION 8 — COMPENSATION
The Citv agrees to nav, and the Planning and Landscape Architect Consultant agrees to accent, for services
rendered pursuant to this Agreement, fees in accordance with the following:
A. Professional Services Fee: The basic compensation shall be mutually agreed upon by the Planning and
Landscape Architect Consultant and the City prior to issuance of each CSA and the amount shall be
included in the CSA to be formally approved by the City, in accordance with the approved Professional
Fee Structure (Exhibit A).
B. Direct Payment for Additional Services: The City does not foresee nor intend paying the Planning and
Landscape Architect Consultant any travel expenses under this Agreement. Any such payment shall not be
made except as specifically authorized in extraordinary circumstances by prior approval of the City and, in
any such case, bills for any travel expenses shall be submitted in accordance with the City travel policy as
adopted by Resolution.
C. The CSA shall include the total compensation. City shall pay Consultant for the completion of the work, in
accordance with EXHIBIT A: Fee Schedule and EXHIBIT B: Proposal and EXHIBIT "C" the City's RFQ
23-06 Proposal (attached and made a part of this Agreement). In accordance with Florida Statutes Section
287.055, Consultants' Competitive Negotiation Act (CCNA), if the City and Consultant cannot come to an
agreement upon a CSA's negotiated total compensation for a project, then the City will end negotiations
and may move on to the next selected Planning and Landscape Architect Consultant that was solicited
from the Library based on their discipline.
SECTION 9 - ADDITIONAL WORK
Additional work occurs when the City requests changes after it has formally approved a CSA. Additional work
shall not commence until a further CSA for the additional work has been formally issued by the City, and the
additional work shall be performed in accordance with the Professional Fee Schedule set forth in that CSA.
SECTION 10 — PAYMENTS
10.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part
VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly
received payment request/invoice is recorded as received by City, for services completed to the
satisfaction of City.
10.2 Form of Request. If the payment request is not received in proper order, City may reject the payment
request within ten (10) business days after the date on which the payment request is recorded as received
by City. City shall provide Planning and Landscape Architect Consultant with a written notification of
the rejection specifying the deficiency and corrective measures necessary to make the payment request
proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in
accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act",
or reject the payment request, within ten (10) business days after the date on which the corrected and
proper payment request is recorded as received by City.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
10.3 Resolution of Payment Request Disputes. In the event of a dispute between Planning and Landscape
Architect Consultant and City concerning the full or partial payment of a payment request, such
disagreement shall be finally determined by City. If the dispute between Planning and Landscape
Architect Consultant and City involves a portion of a payment request, the undisputed portion shall be
paid by City in a timely manner, as long as the payment request for the undisputed portion is in proper
order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after
the date the payment request in dispute was recorded as being received by City. The proceedings may
include meetings between the parties, telephone conferences or such other measures to clarify the dispute
and attempt to resolve the problem; they will be concluded by a final written decision by City within
sixty (60) business days after the date on which the payment request was recorded as being received by
City. Such procedures do not constitute an administrative proceeding that prohibits a court from
deciding any action arising out of the dispute.
10.4 Payments to Sub -Consultants. When Planning and Landscape Architect Consultant receives from City
any payment for Services covered under the Agreement, Planning and Landscape Architect Consultant
must pay such moneys received to each sub -Consultant or supplier in proportion to the percentage of the
Services completed by each sub -Consultant or supplier within ten (10) business days after Planning and
Landscape Architect Consultant's receipt of the payment. If Planning and Landscape Architect
Consultant receives less than full payment, then Planning and Landscape Architect Consultant shall be
required to disburse only the funds received on a pro rata basis to its sub -Consultants and suppliers, each
receiving a prorated portion based on the amount due on the payment. If a sub -Consultant receives
payment from Planning and Landscape Architect Consultant for labor, services or materials furnished by
sub -Consultants or suppliers hired by the sub -Consultant, the sub -Consultant must remit payment due to
those sub -Consultants or suppliers within seven (7) business days after the sub -Consultant's receipt of
payment from Planning and Landscape Architect Consultant.
SECTION 11- RIGHT OF DECISIONS
All services shall be performed by the Planning and Landscape Architect Consultant to the satisfaction of the City
Manager or his/her designee who shall decide all questions, difficulties, and disputes of whatever nature which
may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service
hereunder, and the character, quality, amount and value thereof. The City Manager or his/her designee's decision
upon all claims, questions, and disputes shall be final, conclusive, and binding.
Adjustments of compensation and agreement time because of any major changes in the work that might become
necessary or be deemed desirable as the work progresses shall be reviewed by the City Manager or his/her
designee, and require that a Change Order (and an additional CSA) be processed in accordance with the City's
legal and administrative procedures. If the Planning and Landscape Architect Consultant does not concur in the
judgment of the City Manager or his/her designee as to any decisions made by him/her, it shall present written
objections to the City Manager, who shall make a decision, and the Planning and Landscape Architect Consultant
shall abide by the City Manager's decision.
City may at any time, as the need arises, order changes within the scope of the services without invalidating the
Agreement. If such changes result in an increase or decrease in the CSA total, or in the time required for
performance of the services, an equitable adjustment shall be authorized by way of a Change Order.
KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
SECTION 12 — DOCUMENTATION
Ownership and copyright subject to payment of all amounts owed or due to Planning and Landscape Architect
Consultant, all tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this
Agreement, as well as all data collected, together with summaries and charts derived thereof, will be considered
works made for hire and will become the property of City upon expiration or termination of the Agreement
without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the
custodian thereof in accordance with Chapter 119, Florida Statutes. Consultant shall not copyright any material
and products or patent any invention developed under this Agreement. Copies of these documents are not to be
sold or distributed to third parties without the written consent of City.
SECTION 13 - NOTICES
All notices between City and Planning and Landscape Architect Consultant, as required under the Agreement,
shall be by telephone, facsimile, e-mail, mail, or by personal delivery to the respective designated contact person.
Either designated recipient may notify the other, in writing, if someone else is designated to receive notice.
SECTION 14 — TERMINATION
Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party
defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting
party may, at its option, terminate this Agreement immediately by giving written notification thereof to the
defaulting party. In the event of termination, City will be responsible for compensating Consultant only for those
services satisfactorily completed or partially completed up to the date of termination. Consultant shall not be
entitled to compensation for loss of anticipated profit.
SECTION 15 - AUDIT RIGHTS
The City reserves the right to audit the records of the Planning and Landscape Architect Consultant related to this
Agreement at any time during the execution of the work included herein and for a period of three (3) years after
final payment is made.
SECTION 16 — SUBLETTING / OUTSOURCING / TRANSFER
The Planning and Landscape Architect Consultant shall not sublet, assign, outsource or transfer any work under
this Agreement without the written consent of the City. When applicable and upon receipt of such consent in
writing, the Planning and Landscape Architect Consultant shall cause the names of the firms responsible for the
major portions of each separate specialty of the work to be inserted on the reports or other data. Any such
assignment / outsourcing shall not release the designated Planning and Landscape Architect Consultant from its
role, duties, responsibilities, and obligations as Consultant -of -Record for the project work performed.
SECTION 17 — WARRANTY
17.1 Warranty of Ability to Perform. Planning and Landscape Architect Consultant warrants that, to the
best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any
other legal or financial conditions, that would in any way prohibit, restrain, or diminish Planning and
Landscape Architect Consultant's ability to satisfy its obligations under the Agreement.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
17.2 Warranty Against Defects in Workmanship. Planning and Landscape Architect Consultant shall warrant
its services against defects in materials and workmanship for a minimum period of one (1) year from
acceptance of the services by City. Should any defects in materials or workmanship appear during the
warranty period, Planning and Landscape Architect Consultant shall replace the materials or equipment, or
repair or redo the service, immediately upon receipt of written notice from City, at no additional expense
to City. Planning and Landscape Architect Consultant shall warrant such replaced materials or equipment,
or repaired or re -done services, for a period of one (1) year after acceptance of such by City.
17.3 Warranty of Standard Care. In the performance of professional services, Planning and Landscape
Architect Consultant will use that degree of care and skill ordinarily exercised by other similar
professionals in the field under similar conditions in similar localities. Planning and Landscape
Architect Consultant will use due care in performing its services and will have due regard for acceptable
professional standards and principles. Planning and Landscape Architect Consultant's standard of care
shall not be altered by the application, interpretation, or construction of any other provision of this
Agreement. If any of the services performed by Planning and Landscape Consultant do not comply with
the foregoing warranties and City notifies the Planning and Landscape Consultant of such, then Planning
and Landscape Architect Consultant shall (at its sole expense) promptly re -execute the nonconforming
services. All such re -performed services shall be performed on a mutually agreed schedule. Planning
and Landscape Architect Consultant shall and does hereby assign to City the benefits of any of Planning
and Landscape Architect Consultant's sub consultants, or sub -Consultant's warranties. Such assignment
shall not relieve Planning and Landscape Architect Consultant of its warranty obligations for
performance or standard of care to City under this Agreement.
17.4 Warranty of Title. Title to any work product furnished by Planning and Landscape Architect Consultant
under the Agreement shall pass to City to the extent of the payments made for such by City, or on the
date that City accepts the completed Services of Planning and Landscape Architect Consultant. When
title passes to City in accordance with the Agreement, Planning and Landscape Architect Consultant
warrants that the work product furnished will be free and clear of all security interests, liens and
encumbrances or claims of any party.
SECTION 18 — DURATION/TERM OF AGREEMENT
This Agreement shall remain in full force and effect for a period of three (3) years after the date of execution
thereof, or until completion of all project phases as defined by the City Manager or his/her designee, whichever
occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to
Section 14. This Agreement may be extended for a period of two (2) additional one (1) year periods at the
discretion of the City. Proposed changes to fees shall be communicated, in writing, to the City ninety (90) days
prior to agreement expiration. The intent to renew the agreement will be by written notification to the Consultant
by the Procurement Division sixty (60) days prior to agreement expiration. NOTE: The City, at its sole discretion
reserves the right to exercise this renewal option.
SECTION 19. MATERIALS. SERVICES. AND FACILITIES
It is understood that, except as otherwise specifically stated in the Agreement, Planning and Landscape Architect
Consultant shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation,
supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever
necessary to execute, complete, and deliver the Services within the specified time. The City will provide Planning and
Landscape Architect Consultant with access to the Facilities so as to permit Consultant to meet its obligations herein.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
SECTION 20. LICENSES AND CERTIFICATES
Planning and Landscape Architect Consultant, or its sub-Consultant(s), shall possess and maintain during the term
of this Agreement any and all licenses required to perform the services covered under this Agreement, as
stipulated by the State of Florida and the City of Sebastian.
SECTION 21— INSURANCE
During the term of the Agreement, Consultant, at its sole expense, shall provide insurance of such a type and with
such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material
obligation of Consultant. Consultant shall provide City a certificate(s) of insurance, evidencing such coverage. It
is the Consultant's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during
the duration of the agreement, including renewal terms.
Minimum Insurance Requirements. The coverages, limits or endorsements required herein protect the primary
interests of City, and these coverages, limits or endorsements shall in no way be required to be relied upon when
assessing the extent or determining ayr.r,r..ate types and limits of coverage to protect Consultant against any loss
exposures, whether as a result of the Project or otherwise. The requirements contained herein, as well as City's review
or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Consultant under this Agreement.
Comprehensive Liability
Not less than $1,000,000 Combined Single Limit per each occurrence.
Professional Liability Not less than $1,000,000, covering any damages caused by an error, omission
(Errors & Omissions) or any negligent acts.
Automobile Liability
Worker's Compensation
Not less than $500,000 Combined Single Limit
In accordance with Florida Statutes 440, maintain worker's compensation
insurance to the extent required by law for all their employees to be engaged in
work under this Agreement.
21.1 Other Insurance Provisions:
21.1.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an
Additional Named Insured on all policies except Worker's Compensation. The coverage shall
contain no special limitation on the scope of protection afforded to the City, its council members,
officers, employees and agents. Consultant shall provide a Certificate of Insurance to City with a
thirty (30) day notice of cancellation and/or changes in policy language, and ten (10) day notice
if cancellation is for nonpayment of premium. The certificate shall indicate if coverage is
provided under a "claims made" or "occurrence" form.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
21.1.2 Consultant has sole responsibility for all insurance premiums and shall be fully and solely
responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or
self -insured retention; including any loss not covered because of the operation of such deductible,
co-insurance penalty, self -insured retention, or coverage exclusion or limitation.
21.1.3 Consultant's insurance coverage shall be primary insurance as respects the City, its officials,
employees and volunteers. Any insurance or self-insurance maintained by the City, its officials,
employees or volunteers shall be in excess of Consultant's insurance and shall be non-contributory.
21.1.4 For all policies of insurance: Consultant and its insurance carrier waive all subrogation rights against
City for all losses or damages that occur during the agreement and for any events occurring during
the agreement period, whether the suit is brought during the agreement period or not. The City
requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of
Recovery against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to
Recover from Others for Workers Compensation coverage.
SECTION 22 — INDEMNIFICATION
The Planning and Landscape Architect Consultant shall indemnify, defend and hold harmless the City, and its
officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Planning and Landscape Architect Consultant and other persons employed or utilized by
the Planning and Landscape Architect Consultant in the performance of the agreement; regardless of the
negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall
not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct
of the indemnitee or its officers, directors, agents or employees. Upon request of the City, the Planning and
Landscape Architect Consultant shall, at no cost or expense to the City, indemnify and hold the City harmless of
any suit asserting a claim for any loss, damage or liability specified above, and Planning and Landscape Architect
Consultant shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed
as the City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. This provision shall survive termination of this agreement.
SECTION 23 — SAFETY
The Planning and Landscape Architect Consultant is responsible for safety training for the Planning and
Landscape Architect Consultant's employees and their activities on the City's property and construction sites.
However, in accordance with generally accepted practices, the Planning and Landscape Architect Consultant may
report any observed job site safety violations to the City.
SECTION 24 - CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either
party against the other party or otherwise arising out of this Contract Agreement shall be in Indian River County,
Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of
Florida. The parties hereto specifically waive any and all rights to trial by jury.
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KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
SECTION 25 - MODIFICATION OF AGREEMENT
The Agreement may only be modified or amended upon mutual written agreement of the City and the Planning
and Landscape Architect Consultant. No oral agreements or representations shall be valid or binding upon City or
Planning and Landscape Architect Consultant. No alteration or modification of the Agreement terms, including
substitution of product, shall be valid or binding against City. The Planning and Landscape Architect Consultant
may not unilaterally modify the terms of the Agreement by affixing additional terms and incorporating such terms
onto Planning and Landscape Architect Consultant's documents forwarded by Planning and Landscape Architect
Consultant to City for payment. City's acceptance of product or processing of documentation on forms furnished
by the Planning and Landscape Architect Consultant to City for approval or payment shall not constitute
acceptance of the proposed modification to terms and conditions.
SECTION 26 - E-VERIFY:
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive
Order 11-02; Certification of Employment Status), the Contractor must comply with the Employment Eligibility
Verification Program developed by the federal government to verify the eligibility of individuals to work in the
United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The Consultant shall (1)
enroll in the U.S. Department of Homeland Security's E-Verify system, (2) utilize E-Verify to verify the
employment eligibility of all new employees hired during the term of the Contract (3) utilize E-Verify to verify
the employment eligibility of all employees assigned to the Contract; and (4) shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize E-Verify to
verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.
SECTION 27 — SEVERABILITY
In the event any provision, section, or paragraph of this agreement is determined by a court of competent
jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or
unenforceable, shall remain in full force and effect.
SECTION 28 - PUBLIC RECORDS
Planning and Landscape Architect Consultant will keep and maintain public records required by the City to
perform the service. Upon request from the City's custodian of public records, the Planning and Landscape
Architect Consultant will provide the City with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119,
Florida Statues, or as otherwise provided by law. Upon completion of the Agreement, the Planning and Landscape
Architect Consultant will transfer, at no cost, to the City all public records in possession of the Planning and
Landscape Architect Consultant or keep and maintain public records required by the City to perform the service.
The Planning and Landscape Architect Consultant will ensure that the public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as authorized by
law for the duration of the term of the Agreement and following completion of the Agreement if the Planning and
Landscape Architect Consultant does not transfer the records to the City. If the Planning and Landscape Architect
Consultant keeps and maintains public records upon completion of the Agreement, the Planning and Landscape
Architect Consultant shall meet all applicable requirements for retaining public records. If the Planning and
Landscape Architect Consultant transfers all public records to City upon completion of the Agreement, the
Planning and Landscape Architect Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored electronically must be
provided to the City, upon request from the City's custodian of public records, in a format that is compatible with
the information technology system of the City. If the Planning and Landscape Architect Consultant does not
comply with the City's request for public records, the City shall enforce the provisions of the Agreement in
accordance with the terms of the Agreement and may cancel the Agreement. This provision shall survive
termination of this agreement.
10IPa uv
KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
DocuSign Envelope ID: C55OF797-6D2E4291-8478-AE195B17E584
Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the
respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted
above.
KIMLEY-HORN & ASSOCIATES, INCORPORATED: THE CITY OF SEBASTIAN, FLORIDA:
D«usl9netl by:
6/28/2023 1 11:19:22 AM E-
DATE: BY: DATE: 7�Id�aUd )
.L Y '
B. Kelley Klepper, AICP
VICE PRESIDENT
ATTEST (SEAL):
4Jeanefte*Wilhams, MMC
CITY CLERK
Brian Benton
INTERIM CITY MANAGER
Approved as to form and legality for
reliance by the City of Sebastian only:
enrlifer Cockcroft
CITY ATTORNEY
121Pagc
KMILEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
DocuSign Envelope ID: C550F797-6D2E4291-847B-AE195Bl7E584
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
SECTION 29 — FORCE MAJEURE EVENT
Neither party shall be considered to be in default in the performance of its obligations under this Agreement,
except obligations to make payments with respect to amounts already accrued, to the extent that performance of
any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable
control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party
is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall
immediately provide notice to the other party of the circumstances preventing or delaying performance and the
expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party
so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which
prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force
Majeure Event shall include, but not be limited to, acts of civil or military authority (including courts or regulatory
agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot, or insurrection,
inability to obtain required permits or licenses, hurricanes and severe floods.
SECTION 30 - PURSUANT TO SECTION 558.0035 FLORIDA STATUTES
THE CONSULTANT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL
SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL
EMPLOYEE, AGENT, DIRECTOR, OFFICER, OR PRINCIPAL SHALL BE INDIVIDUALLY LIABLE FOR
NEGLIGENCE ARISING OUT OF THIS CONTRACT.
111Page
KIMLEY-HORN AND ASSOCIATES, INCORPORATED
RFQ #23-06, CONTINUING PROFESSIONAL PLANNING AND ARCHITECTURE SERVICES
Continuing Professional Planning
Landscape Architect Services
2.8 KEY STAFF ROLES AND RATES
City of
Sebastian
The individual members of our project team were selected using two criteria: (1) their experience with a wide range of
municipal projects, and (2) their availability to assume major technical responsibilities within a contract timeframe. The staff
members selected for this team are available immediately to serve you and are in an excellent position to handle the workload
required to complete the various assignments that may be requested under this contract. The following is the requested a
position list for key staff, with hourly rates to be negotiated with the chosen firm(s) after award. Their availability to serve on
this contract is as follows:
Project Manager; Comprehensive Plan Amendments, Land Development
Kelley Klepper, AICP Code Amendments, Urban Design including Mixed Use and Urban Infill, Principal
Small Area Studies, Catalyst Site Economic Redevelopment Assistance
Principal -in -Charge, Complete Streets, Landscape, and Streetscape
Scott Mingonet, PLA, Design, Parks and Open Space Analysis and Design, Stormwater Principal
ASLA, AICP Implementation Plan, Capital Improvement Project Implementation,
Urban Design including Mixed Use and Urban Infill
Stormwater Implementation Plan (Green Infrastructure, LID's, BMP's),
Sara Battles, P.E.
Capital Improvement Project Implementation, Urban Design including
Senior Professional I
Mixed Use and Urban Infill, Catalyst Site Economic Redevelopment
Assistance
Monet Moore
Comprehensive Plan Amendments, Land Development Code
Professional
Amendments, Small Area Studies, Economic Analysis
Heather Glisson, AICP
Candidate
Comprehensive Plan Amendments, Grants and Alternative Funding
Professional
Jared Schneider, AICP,
Complete Streets, Landscape, and Streetscape Design, Small Area
Senior Professional I
CNU-A
Studies
Eliza Juliano, CNU-A
Land Development Code Amendments, Urban Design including Mixed
Senior Professional I
Use and Urban Infill
Ben Johnson, PLA,
Grants and Alternative Funding, Catalyst Site Economic Redevelopment
Senior Professional II
ASLA
Assistance
Allison Megrath, AICP,
Grants and Alternative Funding, Catalyst Site Economic Redevelopment
Senior Professional I
CNU-A
Assistance
Zach Hall
Parks and Open Space Analysis and Design, Way Finding
Professional
Sheema Laguerre
Complete Streets, Landscape, and Streetscape Design
Professional
Shelby Oenbrink, WPIT
Environmental Planning
Professional
Jessica Rossi, AICP
Economic Analysis
Senior Professional I
Nicole Galasso, CNU-A
Land Development Code Amendments
Analyst
Amber Crane
GIS, Land Development Code Amendments
Professional
The following individuals have
been identified for this assignment based on the following Classifications/Rates: Principal:
$255-$325, Senior Professional 1: $225-$265, Senior Professional II $165-$225, Professional $126-$165,
Technical Support
$100-$135, Support Staff 80-$110, Analyst $105-$135
KimleyoHorn 1
36
M11
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council MeetinL Date: July 12, 2023
Agenda Item Title: Award Consultant Service Agreements for Professional Planning and
Architect Services and Authorize the City Manager to Execute the Appropriate Documents
Recommendation: Staff recommends City Council approve the selection of the top five (5)
scoring Consultants for Professional Planning and Architect Services submitted under RFQ 23-06, and
authorize the City Manager to execute the individual agreements.
Baelwround: Community Development historically maintains three (3) to five (5)
Community Development Consultants for Professional Planning and Architect Services. The Consultants
provide advice/consultation, technical investigation/analysis, design, and other professional services
necessary in the implementation of City plans, projects, and initiatives. On February 22, 2023, Staff
posted a Request for Qualification (RFQ) for continuing Professional Planning and Landscape Architect
Services, RFQ #23-06, in accordance with the Consultants' Competitive Negotiation Act (CCNA,
FS287.055). The City received nine (9) responses from qualified firms. A Selection Committee was
formed to review and rank the firms in accordance with criteria outlined within the RFQ. The top five (5)
firms were ranked highly qualified and available to provide the posted services. Staff recommends
approval of continuing services Consultant Service Agreements with the following five (5) firms shown
in the attachments. The effective date of the contracts will be July 13, 2023, expiring on July 12, 2026,
with two (2) additional one (1) year terms.
If Agenda Item Reouires Exuenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments: 1. Ranking Summary
2. GAI Consultants, Inc., Agreement
3. Kimley-Horn and Associates, Inc., Agreement
4. LandDesign, Inc., Agreement
5. Inspire Placemaking Collective, Inc., Agreement
6. Coastal Wide, LLC, Agreement
Administrative Services
i t_
City Attorney
Procurement Division Review, if applicable:
City Manager Authorization: f�
Date: 76/D o a 3
CrIYOF
SE T tN
HOME OF PELICAN ISLAND
Administrative Services Department
Procurement Division
1225 Main Street
Sebastian, FL 32958
(772)388-8232
RFO #23-06, PROFESSIONAL PLANNING AND ARCHITECT SERVICES
RFO TABULATION
Company
Lisa Frazier
Darin LaGesse
Dori Bosworth
Total Score
GAI Consultants, Inc.
98
100
100
298***
Kimley-Horn and
98
100
95
293***
Associates, Inc.
Inspire Placemaking
94
95
95
284***
Collective, Inc.
LandDesign Inc.
93
100
77.5
270.5***
Coastal Wide, LLC
100
90
62.5
252.5***
Hitchcock Design Group
70
70
90
230
NUE Urban Concepts
60
85
82.5
227.5
Klavon Design Associates
65
87.5
72.5
225
Axis Infrastructure
75
85
62.5
222.5
Upon review of the proposals from the nine (9) submittals,
the Evaluation
Committee
recommends five (5) for
award.
The five (5) professional Dlamtina
and architect
services are as follows:
1)
GAI Consultants
2)
Kimley-Horn & Associates
3)
Inspire Placemaking Collective
4)
LandDesign, Inc.
5)
Coastal Wide
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