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Res No 093-18-15126RESOLUTION NO: 093-18-15126 A Resolution authorizing the City Manager to amend the contract with Calvin Giordano & Associates, Inc. for additional professional services related to the "Comprehensive Plan and Land Development Code Revision". WHEREAS, the City of South Miami entered into a contract with Calvin Giordano & Associates, Inc. (CGA) in 2016 for professional services related to the updating of the Comprehensive Plan and Land Development Code; and WHEREAS, the Mayor and City Commission and the South Miami Community Redevelopment Agency desire to proceed with amendments to the Comprehensive Plan and Land Development Code forthe area bounded by SW 71 st Street, SW 70 th Street, SW 59 th Place, and SW 61 st Court; and WHEREAS, the Mayor and City Commission also desire to undertake amendments to the Comprehensive Plan and Land Development Code to increase the allowable density and intensity of the industrial area along Commerce Lane and Progress Road; and WHEREAS, neither of these initiatives were specifically identified in the Request for Proposals (RFP) that resulted in the contract with CGA in 2016, but the knowledge, experience and services required by these amendments are comparable to those called for in the RFP; and WHEREAS, CGA submitted proposals for the SW 70 th Street area and the industrial area that totaled $17,370 and $27,615, respectively; and WHEREAS, the funds to support this engagement are available in the annual fiscal year budget (account 001-1620-524-3450 which has a current balance of $85,771.85. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to amend the professional services agreement with Calvin Giordano & Associates, Inc. for additional services related to updating the Comprehensive Plan and Land Development Code for the SW 70th Street area and the industrial area for a total of $44,985, which will be charged to 001-1620-524-3450; the account has a current balance of $85,771.85. Copies of the proposals are attached hereto. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity ofthe remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 15th day of May, 2018 Page 1 of2 Res. No. 093-18-15126 APPROVED: ~ MAff!fb COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Page 2 of2 City Commission Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: RESOLUTION(S) Subject: Agenda Item No:5. A Resolution authorizing the City Manager to amend the contract with Calvin Giordano & Associates, Inc. for additional professional services related to the "Comprehensive Plan and Land Development Code Revision". 3/5 (City Manager-Planning) Suggested Action: Attachments: Cover_Memo_CGA_Additional_Services.docx Resolution_Amending PSA wiith_CalvinGiordano.docx 18-11545 Miami Comp Plan -Zoning Amendments (signed CG).pdf 18-11555 Miami Comp Plan (signed CG).pdf 60 THE CflY' OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven J. Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director Date: May 15, 2018 SUBJECT: A Resolution authorizing the City Manager to amend the contract with Calvin Giordano & Associates, Inc. for additional professional services related to the "Comprehensive Plan and Land Development Code Revision". BACKGROUND: In 2016, the City entered into a professional services agreement with Calvin Giordano & Associates, Inc. to update the Land Development Code (LDC) and the Comprehensive Plan in accordance with State requirements. The scope of services for that agreement did not include the analysis of text and map amendments for specific land use categories or geographic areas. The South Miami Community Redevelopment Agency and the City Commission now desire to proceed with amendments for the area bounded by SW 71 5t Street, SW 70 th Street, SW 59th Place, and SW 6pt Court. In addition, the Commission wishes to undertake amendments to increase the density and intensity of the industrial area along Commerce Lane and Progress Road beyond what is currently permitted by the Plan and LDC. The work needed to complete these amendments includes analyzi"ng the potential and appropriate densities and intensities for the area (Le., determining the appropriate maximum height limits, units per acre, etc.) and conducting a traffic analysis to comply with Miami-Dade County's requirements. Such work requires knowledge, skills and resources not available within the City. That fact, coupled with the time demands of other complicated projects and limited staff resources, supports hiring outside assistance to complete these amendments. AMOUNT: $44,985 ACCOUNT: 001-1620-524-3450 which has a balance of $82,534.35 Attachments: • Draft Resolution • Calvin Giordano & Associates, Inc. proposals 61 ADDENDUM TO CONTRACT TIle City of South Miami. a municipal corporation of State of Florida (hereinafter referred to as Owner) by and through its City Manager (hereinafter referred to as City) and Calvin. Giordano & Associates. Inc. (eGA). a corporation authorized to do business in the State of Florida (hereinafter referred to as the "CONSULTANT") entered into a Professional Service Agreement on July 15.2016 for revisions to the Comprehensive Plan and Land Development Code of the City of South Miami (hereinafter referred to as the "Stated Contract"). WHEREAS, the parties wish to modify the terms of the original Stated Contra<et as set forth herein. NOW THEREFORE. in consideration of the mutual promises set forth herein, the parties, intend to be legaHy bound and hereby agree that the following shall constitute additional terms and conditions to the Stated Contract. Modificationiltem 1 ~ The scope and comoensation of the Stated Contract shall be eXDanded to include the following attachments with a total contract price not to exceed $44,985. (I) eGA Proposal No. 18-1 J 54 dated 5/8118 regarding South Miami Comp Plan and Zoning District Amendmems for TODD 4+4+4. (2) CGA Proposal No. 18-t 155 dated S/S/I 8 regarding South Miami Comp Plan and Zoning Map Amendments for SW 70th , Street and SW 61st Court; and The parties reaffinn the other terms or conditions of the above mentioned original Stated Contract not hereby otherwise modified or amended and nothing contained herein shall negate or changed the other terms of the Stated Contract as a result of this addendum. :t?,' IN WITNESS WHEREOF, the parties, have executed this Contract, on this /6 ttay of June, 20 18, with fuJI knowledge of its content and significance and intending to be legally bound by the terms hereof. Calvin, qiordano & Associates, Inc. By:-O,-Z_~~....::_._.c " -(~ni :;J::1~ :!! ,;~;'al~~T:--:' ~.' ... ', . ~TED: CITY OF SOl.rn rrvHAI'vll ~Y:~~1'?'7U{P( ____ -By:~-----. '-... aria Me~,··· 7/ eve Alexander -city Clerk l ., . ..-' City Manager Read and Approved as to Fonn, Llnguage, Legality and Execution Thereof: By: ~~----------------City Attorney Building Code Services Civil Engineering I Roadway & Highway Design Coastal Engineering Codil Enforcement Construction Engineering & Inspection (CEI) Construction Services Data Technologies & Development Electrical Engineering Engineering Environmental Services Facilities Management Geographic Information Systems (GIS) Governmental Services Indoor Air Quality landscape Architecture Planning Project Management Redevelopment & Urban Design Surveying & Mapping Traffic Engineering Transportation Planning Water I Utilities Engineering Website Development 1800 Bier Drive Suite 600 Fort Lauderdale, FL 33316 954.921.7781 phone 954.921.8807 fax www.cgasolutions.com Calvin, Giordano & Associates, Inc. E x C E P T ION A L SOL UTI 0 N S'· May 8,2018 Mr. Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: South Miami Comp Plan and Zoning District Amendments for TODD 4+4+4 CGA Proposal No. 18-1154 Dear Mr. Alexander, The City of South Miami desires to create opportunities for increased intensity and density in the vicinity ofConunerce and Progress Streets within the TODD Land Use Category. To achieve this goal the City would like to create a new land use category and zoning district. In addition, the City desires the new land use category and zoning district to include provisions for affordable housing bonuses. Calvin, Giordano & Associates, Inc. will perform the following services based on our understanding of the project Scope of Services provided by the City. The project is proposed to have two (2) parts: Part 1 is an analysis ofthe potential densities and intensities of the various uses (residential, commercial, office) which includes the work outlined below from the Landscape Architecture and Planning Divisions; Part 2 is the preparation of the Comprehensive Plan Text and Map Amendments and Zoning District Amendments to the City's LDC which includes the work outlined below from the Traffic Engineering and Planning Divisions. I. Professional Engineering Services A. Traffic Engineering 1. Land Use Plan Amendment Traffic Analysis FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATERfTAMPA ESTERO PORT 5T. LUCIE 64 May 8, 2018 Page 2 of 11 o eGA traffic engineers will complete the LVP A traffic analysis for the expansion of the existing Transit Oriented Development District (TODD) area in the City of South Miami. CGA traffic engineers will provide the necessary traffic analysis per the requirements of anlendments to the Miami Dade County's Comprehensive Development Master Plan. Traffic Analysis for a small scale amendment including Trip Generation for the expanded TODD area will include the proposed maxinmm allowable development per code. A full traffic impact study is not anticipated and if required will be an additional service. II Note: This scope of work is based on receiving the land use table for the maximum allowable development for the existing land use/Zoning as well as the land use table for the maximum allowable development for the future land uselzoning. • Note: This scope of work includes up to one revision to the LVP A traffic analysis based on review comments from Miami Dade County. This scope of work does not include attendance by CGA traffic engineers at any public hearings. If any of these services are required an additional service agreement will be provided. • Note: This scope of work does not include traffic data collection. This scope of work assumes the LUPA traffic analysis will utilize the available LR TP traffic data from the Miami Dade TPO for the short (5 year) and long range (2035) analysis. If additional traffic data collection is necessary, an additional service agreement will be provided for this scope of work. II. Professional Planning Services A. Part 1: Analysis of the TODD area to determine the existing and potential densities and intensities. 1. Assist in the analysis of the existing TODD land use category and potential new TODD land use category to determine intensities/densities. 2. Assist in the procurement of an economic advisor that would determine the best mix ofland uses and appropriate affordable housing bonus options. 65 May8,2018 Page 3 of II B. Part 2: Preparation of the Comprehensive Plan Text and Map Amendments (LUPA) and the Zoning District Amendments 1. Prepare appropriate Comprehensive Plan amendments and Future Land Use Map Amendments (LUP A) as required. Attend staff level coordination meetings with City staff as needed. 2. Prepare appropriate Land Development Code amendments and Zoning District Map amendments as required. Attend staff level coordination meetings with City staff as needed. 3. Assist staff with the preparation of informational memos for the public, Planning Board, and City Commission. 4. Attend up to four (4) public meetings (Workshop, LP A, and City Commission). 5. Assist staff with transmittal to State agencies for review and Comprehensive Plan and FLUM Amendments and respond to ORC Report comments as necessary. Amendments will be complete when adopted by City Commission and found fIn Compliance' by State Planning Agency. III. Professional Landscape Architecture Senrices A. Task Description: Development Scenario Visualization 1. The objective is to illustrate the relationship of building massing to open space. The intent is to utilize the massing model as a development scenario study to illustrate the resultant quality that the targeted density will provide. CGA will prepare a 3-dimensional model of the maxinlum development potential allowable via the targeted development regulations to a degree of quality that illustrates a conceptual building massing and a non-specific public realm. The work product being delivered will be of a conceptual nature and will not be developed to the degree of photo-realism. B. Task 1: Planning and Preparation: Create a CAD base map of the existing surrounding context using a high-resolution aerial image to understand existing development within the TODD study area and include sUlTounding roadways and contextual buildings along the periphery of the TODD study area's bo undary. 66 May 8. 2018 Page 4 of II C. Task 2: Analysis and Schematic Modeling: Prepare a preliminary schematic block massing model to serve as a guide for the ultimate building massing model that will be developed. This will take into consideration existing buildings as well as potential redevelopment. Potential development massing will be based on LDC regulation limitations such as height, setbacks and parking requirements. 1. (Note that the distribution and intensities of the land uses and their mL-xes will be perfonned based on best design judgment and may not reflect the actual anl0unts of built-out area that the market may economically sustain. If a development scenario is desired that reflects what the current market can bear, then it is highly recommended that the City engage in the creation of an Economic Development Analysis -either amended to this contract via an ASA or under a separate contract -to serve as a guide for determining the qualities of each different land use to include. Appropriate affordable housing bonus options could also be determined in an economic development analysis.) D. Task 3: Final Intensity and Density Determination: Develop one (1) schematic intensity and density scenarios for the TODD areas. Final scenario to be determined and utilized for the Comprehensive Plan amendment. If the City conducts an Economic Development Analysis and additional scenarios are needed, these shall be developed via an ASA.) E. Exclusions to this Scope of Work: 1. No attendance of meetings by the Urban Design Team is included in this proposal. If attendance to meetings are requested by the City or required, they will be billed on an hourly basis per the adopted fee schedule. 2. The scope provided herein is for the development of one (1) development scenario. Additional scenarios may be developed but shall be subject to Additional Services Agreements. 67 BASIS OF PROPOSAL May 8, 2018 Page 5 of II • 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. o Any outside engineering services, studies, or laboratory testing not specifically 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 Ollt 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 performing portions of the construction. • Calvin, Giordano & Associates, Inc. will require that all consultants carry proper insurance, including professional liability insurance, if appropriate. " Permit construction certification will include one partial and one fmal inspection. ADDITIONAL FEES The folloVving 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: " 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. 68 • Calculations of off-site flood stages. • Construction quality contTol inspections. May 8.2018 Page 6 ofll • 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 specifically 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 (Le. GIS data sets, databases, aerial linages, 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. G Updated boundary survey, site evaluation or closing assistance work, unless specified above. REIMBURSABLE EXPENSES 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 requli·ed. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. 69 MEETING ATTENDANCE May 8, 2018 Page 7 of II Due to the difficulties of predicting the number or duration of meetings, 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. SCHEDULE OF FEES Calvin, Giordano & Associates, Inc. will perfOlID the Scope of Services tor a lump sum fee as shown in the proposed Schedule of Fees: . PROPOSED SCHEDULE OF FEES I Professional Engineering Services A Professional Traffic Engineering Services T rafflc Impact Analysis II Professional Planning Services Other Planning Work Activity III Professional Landscape Architecture Services Urban Master Planning IV Meetings not included in I thru III TOTAL (Plus Hourly Services) TERMS OF THE AGREEMENT $6,490.00 $6,490.00 $13,650.00 $13,650.00 $7,475.00 $7,475.00 Hourly $27,615.00 o 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. 70 MayS.20IS Page 8 of I J • 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 tIus 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 vvithout prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event oftermination 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 perfonned prior to receipt of notice oftennination, 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. Ifwork is stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. 71 • • • e May 8, 2018 Page 9 of II 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 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 infonnation, 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 ifnot accepted fomlally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shaH be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. Tllis 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 telms 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 nonperfom1ance and cause for ternlination. MISCELLANEOUS PROVISIONS o CLIENT and Calvin, Giordano & Associates, Inc., respec6vely, 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. 72 TERMINA TION OF THE AGREEMENT May 8, 2018 Page 10 of II • This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perfonn in accordance with the terms ofthis 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 nonperfonnance and cause for termination. • In the event of termination in accordance with this Agreement or tennination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly perfonned prior to receipt of notice of termination, together with Reimbursable Expenses then due. We appreciate the opportunity to submit tills 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 tinlely manner. Please indicate your acceptance of this proposal by signing below and retunling one executed copy ofthe contract to this . office. We look forward to working with you in making this project a success. Sincerely, CAL IORDANO & ASSOCiATES, INC. >~C~) Vice President 73 Cost of these services are $27,615.00 plus hourly as noted in fee breakdown. ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: Name .. -.. ....... ' Title: Vice President By: Name: Title: Mr. Steven Alexander City Manager Date: Date: May 8.2018 Page II of 1 I 74 Building Code Services Civil Engineering I Roadway & Highway Design Coastal Engineering Code Enforcement Construction Engineering & Inspection (CEI) Construction Services Data Technologies & Development Electrical Engineering Engineering Environmental Services Facilities Management Geographic Information Systems (GIS) Governmental Services Indoor Air Quality Landscape Architecture Planning Project Management Redevelopment & Urban Design Surveying & Mapping Traffic Engineering Transportation Planning Water I Utilities Engineering Website Development 1800 E"er Drive Suite 600 Fort Lauderdale, FL 33316 954.921.7781 phone 954.921.8807 fax www.cgasolutions.com Calvin, Giordano & Associates, Inc. E x C E P T ION A L 5 0 L UTI 0 N 5'· May 8, 2018 Mr. Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: South Miami Comp Plan and Zoning Map Amendments for SW 70th Street and SW 61st Court eGA Proposal No. 18-1155 Dear Mr. Alexander, The City of South Miami desires assistance in the preparation of a Comprehensive Plan LUPA in the area ofthe City bounded by SW 71st Street, SW 70th Street, SW 59th Place, and SW 61 st Court. The land use category change is from Mixed Use Commercial Residential to Transit Oriented Development District (TODD). Associated Zoning District Map amendments are need as well. Calvin, Giordano & Associates, Inc. will perform the following services based on the Scope of Services provided by the City: I. Professional Engineering Sen-ices A. Traffic Engineering 1. Land Use Plan Amendment Traffic Analysis o CGA traffic engineers will complete the LUPA traffic analysis for the expansion of the existing Transit Oriented Development District (TODD) area in the City of South Miami. CGA traffic engineers will provide the necessary traffic analysis per the requirements of anlendments to the Miami Dade County's Comprehensive Development Master Plan. Traffic Analysis for a small scale amendment including Trip Generation for the expanded TODD area will include the proposed maximum allowable development per code. A full traffic impact study is not anticipated and if required will be an additional service. FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATERITAMPA ESTERO PORT ST. LUCIE 75 May 8. 201R Page 2 of9 II Note: This scope of work is based on receiving the land use table for the maximum allowable development for the existing land use/zoning as well as the land use table for the maximum allowable development for the future land uselzoning. II Note: This scope of work includes up to one revision to the LUPA traffic analysis based on review comments from Mianu Dade County. TIus scope of work does not include attendance by CGA traffic engineers at any public hearings. Ifany of these services are required an additional service agreement will be provided. • Note: This scope of work does not include traffic data collection. This scope of work assumes the LUPA traffic analysis will utilize the available LRTP traffic data from the Mianu Dade TPO for the short (5 year) and long range (2035) analysis. Ifadditional traffic data collection is necessary, an additional service agreement will be provided for this scope of work. U. Professional Planning Senrices A. Preparation of Comprehensive Plan Text and Future Land Use Map Amendments (LUPA) and Zoning District Amendments 1. Prepare appropriate Comprehensive Plan amendments and Future Land Use Map Amendments to change the Future Land Use designation to TODD for parcels ofland bounded by SW 71 st Street, SW 70th Street, SW 59th Place and SW 61 st Court. Attend stafflevel coordination meetings with City staff as needed. 2. Assist staff with the preparation of informational memos for the public, Planning Board, and City Comnussion. 3. Attend up to four (4) public meetings (Workshop, LPA, and City Commission). 4. Assist staiT vvith transnuttal to State agencies for review of Comprehensive Plan and FLUM Amendments and respond to ORC Report comments as necessary. Amendments will be complete when adopted by City Commission and found 'In Compliance' by State Planning Agency. 76 May 8.2018 Page 3 of9 5. Prepare appropriate Land Development Code amendments and Zoning District Map amendments as required. Amendments will be complete when adopted by City Conmussion. BASIS OF PROPOSAL CI 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 specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Celtificates will be paid by the CLIENT. • Basic services outlined within tlus proposal shall be considered complete when tlle project plans are subnlitted to the regulatory agencies for Celtification. o Calvin, Giordano & Associates, Inc. is performing the consultant services set 10rth 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. e 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 onlissions of the contractor, subcontractors, or their agents or employees, or of any other persons perfornling pOliions of the construction. • Calvin, Giordano & Associates, Inc. will require' that all consultants cany proper 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 linuted Lo: co Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotecImical and testing, environmental assessment, power, gas, telephone, cable television, site lighting services. 77 May 8, 2018 Page 4 uf9 • Calculations for needed fire flow for site demands, based on building type use and size, if required. • Calculations of off-site flood stages. • 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 specifically listed herein. • Preparation of construction contract documents, other than drawings and teclmical 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. oRe-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 tor contractor or Client selected altematives, 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. REIMBURSABLE EXPENSES 78 May 8. 2018 Page 5 of9 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 required. 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 meetings, 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. 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 I Professional Engineering Services A . Professional Traffic Engineering Services Traffic Impact Analysis II Professional Planning Services Other Planning Work Activity III Meetings not included in I thru II TOTAL (Plus Hourly Services) TERMS OF THE AGREEMENT $5,540.00 $5,540.00 $11,830.00 $11,830.00 Hourly $17,370.00 G Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this document that each paIty will not hire or attempt to hire any staff from the other party while under contract together. 79 May 8. 2018 Page 6 of9 o Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications and other documents as outlined in the scope of sen~ces 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 ~d omissions in the aforesaid design and construction criteria provided by others. o 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 appelJate 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 alJ claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to clainlS 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 copYTight, in those lllStruments. This information provided in the lllStruments 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. o 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. Ifwork is stopped for thiI·ty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. 80 May 8, 2018 Page 7 of9 o 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 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 ifnot 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. G 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 ofthe 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 o 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 ofthe other. o 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. 81 TERMINATION OF THE AGREEMENT May 8, 2018 Page 8 of9 .. This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party tail 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 nonperfom1ance 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. 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 tllls 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, GIORDANO & ASSOCIATES, INC. r§l;<.: .. ~~.~=~=/ Chris Giordano Vice President 82 Cost of these services are $17,370.00 plus hourly as noted in fee breakdown. ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: Name: Chris Giordano Title: Vice President By: Date: May 8,2018 Page 9 01'9 ----------------- Name: Mr. Steven Alexander Title: City Manager 83