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Flagler Park Master Plan (Scope & Fee Proposal)�.. . �� � �� �� '� � �� � _. Civil Engineering/Roadway & Highway Design Coastal Engineering Code Enforcement Construction Engineering & Inspection (CEI) Construction Services Contract Government Services Data Technologies & Development Electrical Engineering Emergency Management Engineering Environmental Services Facilities Management Geographic Information Systems (GIS) Indoor Air �uality Land Development Landscape Architecture Municipal Engineering Planning Redevelopment Surveying & Mapping Traffic Engineering Transportation Planning Urban Design Water/Wastewater Treatment Facilities Website Development/ Computer Graphics GSA Contract Holder 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 954.921.7781 phone 954.921.8807 fax www.cgasolutions.com FOR7 LAUf]ERDALE Calvin, Giordano � Associates, Inc. E X C E P T I O N A L 5 C1 L U T I O N S"" April 9, 2021 Marcos Montes De Oca, P.E. City Manager City of Okeechobee 55 SE 3�d Avenue Okeechobee, Florida 34974 RE: Flagler Park Master Plan and CD's for Cattle Drive Sculpture Park CGA Proposal No. 20-4018.1 Dear Mr. Montes De Oca: We are pleased to submit this scope and fee proposal for your consideration for the design ofthe Flagler Park project. The scope of services to be furnished under this contract includes Landscape Architecture, Electrical Engineering and Surveying. No civil, structural or geotechnical engineering or construction phase services are included in this proposal. SCOPE OF WORK CGA is pleased to provide this proposal for review and approvaL We appreciate the opportunity to serve the City of Okeechobee. The following Scope of Services is proposed by Calvin, Giordano & Associates, Inc. (CGA) as requested by the City of Okeechobee. This proposal, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City and CGA, hereafter referred to as the Agreement. PROPOSAL ORGANIZATION Included are the essential and necessary tasks to complete the desired work. Tasks organized in a task-format and sequenced to illustrate the workflow upon which they will be executed. All services excluded from this contract are provided at the end of the document. WESTPALMREACH PORTST.LUCIE HOMESTEA� TAMPA/CLEARWATER .IACKSONVILLE April 9, 2021 Page 2 of 13 1. General Services — Services needed to administer the project and deliver it to the client. These include general project management services, Quality Assurance and Quality Controls processes, coordinating with sub-consultants, etc. 2. Foundation Data-Collection Phase - Collecting all necessary background and foundational data needed to provide the services and generate a design. This phase shall also include tree valuations by a Certified Arborist for the existing trees at the City Hall site and all of the Flagler Parks. 3. Visioning Master Plan & Park Conceptual Design Phase — Working closely with City Staff (specifcally those responsible for steering and guiding the design and development decisions), CGA will develop a conceptual design for the collection of parks and a vision for their inter-relationship to the business district and frontages to their south. This will be comprised 2 components: a. A Visioning Master Plan: The development of a vision for the entire area, incorporating previously adopted design visions and recommendations for design that could positively impact the economic sustainability of the business district and commercial corridor as a destination that will feel seamless with the parks system. This will include the areas between SW 7th Avenue and SE 3�a Ave and from the southern right-of-way line of SW and SE Park Street to the southern right-of-way line of SR70. While this will exclude any impacts to the FDOT ROW's, it will include streetscape design considerations for SW and SE Park Street and also the North/South roads which bisect each park block, excluding South Parrott Avenue; b. Cattle Drive Park - Conceptual Design Phase: Specific to the urban block between SW 6th and SW St" Avenues, the conceptual design will identify the size, location and metrics of the many components that need to be included. The basis of design for the conceptual plan will the pre-concept sketches provided by the Okeechobee Arts Alliance. The objective of the conceptual plan will be to adapt the vision's layout to scale on a surveyed base, identifying the programming and uses of the future amenities, and developing them further. All subsequent tasks beyond this point will be limited to the specific design of the urban block between SW6th and SW St" Avenues. 4. Cattle Drive Park - Schematic Design Phase — Based on the approvals and directives of the Conceptual Design, CGA will further develop the design under Staff direction to the point that it meets the criteria for submission to the City for site plan approval for the specific urban block in question. 5. Public Outreach Process — Once the schematic design is approved by City, CGA will engage in a public engagement process comprised of an open-house meeting. For April 9, 2021 Page 3 of 13 purposes of estimating the cost of the investment, we are assuming that the same graphic and illustrative materials that will be utilized to obtain the approval by the City will suffice for the public engagement process. We are also assuming that the public outreach process will be limited to communicating to the community the decision of the Commission and to describe in detail what has been approved as a directive. 6. Cattle Drive Park - Design Development Phase — Development of construction plans and detailing to a level of completion consistent with 60% up to a 90% completion of the final construction plans. This phase will require the sign-off and approval at both the 60% and 90% completion levels by City Staf£ Sign-off will serve to memorialize consistency with the design intent. 7. Cattle Drive Park - Biddable Documents Preparation Phase — Development of construction plans, construction detailing, and specifications beyond the 90% completion level to 100% completion level and the preparation of technical specifcations, where needed, to provide to the City in preparation of the City's bidding process. 8. Cattle Drive Park - Final Bid Construction Documents Phase — Development of construction plans, construction detailing, and specifications beyond the 90% completion level to 100% completion level and the preparation of technical specifications, where needed, to provide to the City in preparation of the City's bidding process. SCOPE OF WORK — ITEMIZED GENERAL SERVICES (GS) • Task 1: Project Management • Task 2: Quality Assurance / Quality Control (QA/QC) • Task 3: Status Update and Design Progress Meetings to City's PM FOUNDATION DATA-COLLECTION (FD) PHASE • Task 1: Project Kick-off Meeting • Task 2: Survey o Topographic survey of all above ground improvements within the project limits from the South right-of-way line of S.R. 70 to the front of the building fa�ade along the South right-of-way line of S.W. Park Street. o Horizontal locations and vertical elevations being provided for asphalt pavement, concrete curb, concrete sidewalks, park appurtenances, front of buildings and above ground utilities. Visible above ground utilities refer to the visible structures (e.g., manholes, valve boxes, inlets, etc.) typically associated with storm drainage, sanitary sewer, potable water, electric, gas, telephone and cable television. April 9, 2021 Page4of13 o Miscellaneous survey locations to include the threshold\finish floor elevations for buildings adjacent to S.W. Park Street. o Location of any trees with a breast diameter of 3 inches or larger. o Recover right-of-way and property corners to establish Right-of-Way Lines throughout limits of project. o Horizontal control will be referenced to the State Plane Coordinate System, Florida East Zone North American Datum NAD83/90 and elevations referenced to North American Vertical Datum of 1988 (NAVD88). o All survey work will comply with the Standards and Practice requirements for Surveying and Mapping in the State of Florida, according to Chapter 51- 17.052 of Florida Administrative Code, as adopted by the Board of Professional Surveyors, Chapter 472, Florida Statutes. • Task 3: Tree Survey and ISA Tree Valuation Report • Task 4: Design-relevant Data Collection, Ordinance Review, and Review of Available Inforination • Task 5: Electrical Engineering Preliminary Services • City shall provide information regarding circuitry of existing light poles and service panels prior to field visit. • Conduct a field visit to obtain visual electrical information of existing conditions. If available, verify existing conditions with as-built documents during field visit. • Coordinate meeting with FPL representative for the proposed scope of work. • Task 6: Final Base-map Development � Task 7: Conference with City Staff on Preliminary Observations CONCEPTUAL DESIGN (CD) PHASE • Task 1: Development of Design Brief Memorandum • Task 2: Site Utilization and Programming Strategy • Task 3: Conceptual Design Phase Review and Feedback • Task 4: Conceptual Design Feedback Follow-up and Directive SCHEMATIC DESIGN (SD) PHASE • Task 1: Public Outreach Process • Task 2: Draft Schematic Design • Task 3: Final Schematic Design • Task 4: Presentation to City Commission DESIGN DEVELOPMENT (DD) PHASE • Task 1: Post-Approval and Design Directive Meeting • Task 2: Pre-Application Meetings with Permitting Agencies • Task 3: Development of 30%-level Development of Construction Plans • Task 4: Final 30% Plans Approval • Task 5: Sign-off of 30% Plans • Task 6: Development of 60% Design Development Plans • Planting Plans, Details and Specifications April 9, 2021 Page 5 of 13 Irrigation Plans, Details and Specifications Hardscape Plans, Details and Specifications Written technical specifcations to be added to City's front end documents • Electrical Engineering Services • Provide up-lighting for the Cattle Drive Sculpture/artwork and evaluate the existing sidewalk lighting. • Evaluate existing electrical infrastructure. • Provide electrical service evaluation and FPL coordination. • Provide empty conduits and pull boxes for future amenities that may be included in the master plan. • Provide electrical cost estimate. • Task 7: Preliminary Permitting which includes a building department dry run (note that Civil Engineering services are not included in this contract) • Task 8: Development of 90% Design Development Plans • Task 9: Final Permitting • Task 10: Sign-off of Design Development Plans FINAL BID CONSTRUCTION DOCUMENTS (BD) PHASE • Task 1: 100% Construction Drawings • Task 2: Provide Bid Documents ASSUMPTIONS AND EXCLUSIONS Assumptions o The only services included in this contract are those identifies above. No other Services are included in this contract. o No offsite improvements within any rights of ways are included in this scope. o It is assumed that the existing offsite water, sewer, and drainage systems can accommodate the proposed park improvements therefore no upsizing of existing offsite utilities is included in this scope. No sanitary sewer lift stations are included. o CGA assumes no responsibility for the accuracy of the information provided by the City, County or other entities at the behest of the City. o CGA will include proportional mark-ups, expressed as contingencies, in the provision of all cost estimates. Fluctuations in market costs for unit values will occur and are expected. Where fluctuations in unit costs for labor, materials or components exceed a 10% increase for any direct or indirect reason beyond CGA's control, they shall not constitute grounds for requiring a redesign at CGA's expense. • Exclusions • Bidding or Bidding Assistance Services. • Geotechnical services. • Sub-surface utility explorations or soft-digs. • Utility coordination. � Construction phase services. April 9, 2021 Page 6 of 13 • Traffic study or data collection services. • Offsite work on Parrott Avenue (441) or NW Park Street (US 70). • Environmental services associated with or related to the existing well-field or coordinating with the City's environmental consultant. � Coordination through FDOT's electronic review process or obtaining FDOT permits. • Coordination or processing through any agency other than the City for funding purposes. • Presentation materials beyond those listed in the scope. CGA will prepare presentation materials for required approvals and will share work-in-progress with the Client during project coordination meetings. • Meetings and presentations beyond those listed in the scope. • Physical models or 3d models. • Professional Renderings or Animations. • Operations and Maintenance Planning, other than those included as part of project Close-out. • Art and programing planning and curation. • Security design and consulting. • Waterproofing engineering. � Construction As-built drawing preparation. Consultant to review As-built drawings prepared by others. • Design mock-ups Consultant to review and approve design mockups by others if conducted. • Client initiated changes necessitated by a change on a previous instruction or approval given by the Client or a material change in the Project including, but not limited to size, quality, complexity, schedule, budget of work resulting on an increase of the scope, or procurement or delivery method. CGA and their Subconsultant's are responsible for revisions associated with authorized Change Orders in response to errors and omissions by CGA and their Subconsultant's or Change Orders related to minor changes in work that are consistent with the intent of the Contract Documents. Change Orders will not be stand-alone packages. Where appropriate, Change Orders can be submitted as official sketches without revising official Contract Documents. • Any work that extends beyond the schedule and timeframe for delays beyond the control of the Consultant, not including delays resulting from "Acts of God". • Any work that is incurred because of Client directed changes in decisions once prior approvals have been made during the Design Phases of the project. • Lighting design assumes market available off-the-shelf fixtures or off-the- shelf fixtures with some custom features. The design and engineering of custom fixtures is excluded. � Any related design for the water features. Water feature designs by others. CGA will provide water, drainage and electrical connections as directed by water feature consultant only. • Archeological evaluations. April 9, 2021 Page 7 of 13 • Environmental contamination evaluations. Any work associated with LEED certification or Sustainable SITES. Electrical and utilities connections design for buildings affected by the undergrounding of the existing overhead utilities. (FPL, Comcast, AT&T, etc.) BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano & Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Any outside engineering services, studies, or laboratory testing not specifcally mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Certificates will be paid by the CLIENT. • Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. • Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT's other professional consultants. • Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor's schedules or failure to carry out the construction in accordance with the construction documents. Calvin, Giordano & Associates, Inc. shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons perfonning portions of the construction. • Calvin, Giordano & Associates, Inc. will require that all consultants carryproper insurance, including professional liability insurance, if appropriate. • Permit construction certification will include one partial and one final inspection. ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: • Civil Engineering has not been included in this proposal but can be added as an additional service to this contract if requested. • Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, gas, telephone, cable television, site lighting services. • Calculations for needed fire flow for site demands, based on building type use and size, if required. • Calculations of off-site flood stages. Apri19, 2021 Page 8 of 13 • Construction quality control inspections. • Off-site engineering and negotiations for off-site easements, if required (other than as specified in the Scope of Services). • Permit application or negotiation with permitting authorities other than those specifcally listed herein. • Preparation of construction contract documents, other than drawings and technical specifications (e.g., bid schedule, project manual); • Professional land surveying not included in the scope of services (i.e., buried utility investigation, easement research, condominium documents, project stake- out and as- built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. • Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants (e.g., architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced. • Re-review of rejected shop drawings. • Review and approval of Contractor pay requests. • Review of Data supplied by the CLIENT (i.e. GIS data sets, databases, aerial images, etc.) required for integration into this project. • Review of shop drawings for contractor or Client selected alternatives, materials, products, etc. • Special shop drawing annotation and modification to expedite shop drawing approval process. • Updated boundary survey, site evaluation or closing assistance work, unless specified above. I N�1 lu I:�I13.Y�.3_A DS D►:� ��1►6y DT.`! Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models and mock-ups required by CLIENT, as reyuired. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of ineetings, no meetings other than those listed above, are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. April 9, 2021 Page 9 of 13 SCHEDULE OF FEES Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown in the proposed Schedule of Fees: PROPOSED SCHEDULE OF FEES FOR PURCHASE ORDER O1 ONLY I. SCOPE OF WORK BY TASK PHASE A. General Services Phase B. Foundation Data Collection Phase Route Survey $19,700.00 Topographic Survey $3,880.00 Landscape Architecture $5,000.00 Electrical Engineering $1,160.00 C. Visioning Master Plan and Conceptual Design Phase D. Schematic Design Phase Landscape Architecture $8,000.00 Electrical Engineer $6,545.00 E. Design Development Phase Landscape Architecture $6,000.00 Electrical Engineering $6,545.00 F. Final Bid Construction Documents Phase II. MEETINGS (Not included in I: A-J) TOTAL Lump Sum (Plus Hourly Services) TOTAL AMOUNT NOT TO EXC��D $ 8,750.00 $ 29,740.00 $ 25,750.00 $ 14,545.00 $ 12,545.00 $ 1,850.00 Hourly � 93,180.00 $ 93,180.00 April 9, 2021 Page 10 of 13 TERMS OF THE AGREEMENT • Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. • Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications and other documents as outlined in the scope of services for this Agreement for use in the construction of this project, based upon design and construction criteria prepared and provided by others, including but not limited to the CLIENT and CLIENT's consultants. Calvin, Giordano & Associates, Inc. is not responsible for any errors and omissions in the aforesaid design and construction criteria provided by others. • CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. • CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.'s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano & Associates, Inc., pursuant to this Agreement. • Drawings, specifications, and other documents and electronic data furnished by Calvin, Giordano & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. • Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. • PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY April 9, 2021 Page 11 of 13 CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. • The CLIENT or their representative shall be available to meet with Calvin, Giordano & Associates, Inc. and provide decisions in a timely manner throughout the course of the project. The CLIENT will provide all plans and other pertinent information, which are necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in this contract. • The terms of Agreement shall be valid for the Client's acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates,Inc. after which time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. • This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. MISCELLANEOUS PROVISIONS CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement without written consent of the other. • This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Calvin, Giordano & Associates, Inc. and the CLIENT. • Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. TERMINATION OF THE AGREEMENT This Agreement may be terininated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. April 9, 2021 Page 12 of 13 shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization. Our personnel are committed to completing the project in a timely manner. Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office. We look forward to working with you in making this project a success. Sincerely, CALVIN, G DANO & ASSOCIATES, INC. Chris Giordano Vice President April 9, 2021 Page 13 of 13 Cost of these services are $93,180.00 plus hourly as noted in fee breakdown. ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: Name: Chris Giordano Title: Vice President CITY OF OKEECHOBEE By: � �� Nam : Dowling R. Watford, Jr Title: Mayor " ATTE T: ,�� /T 6� ���' " � 'l� � ', .� ��',��� Lane Gamiotea, CM , City Clerk _:� ; REVIEWED '�L AL SU CY: � � , John J. Fumero, City Attorney Date: � � I Date: `�" �' ��