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HomeMy WebLinkAboutFEMA Hazard Mitigation ;/P OJ-_ ~s--g-too PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND POST, BUCKLEY, SCHUH & JERNIGAN, INC. FOR PROFESSIONAL SERVICES IN THE PREPARATION AND SUBMITTAL OF THE FEMA HAZARD MITIGATION GRANT APPLICATION FOR FISCAL YEAR (FY) 2005-6 THIS AGREEMENT made and entered into this 10 Ti the day of April, 2005, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and POST, BUCKLEY, SCHUH & JERNIGAN, INC. (herein referred to as Consultant), whose address is 1616 East Millbrook Road, Suite 310, Raleigh, NC 27609. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant. City Manager: The Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent Consultant, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2 and Exhibit "A". Fee: Amount paid to the Consultant to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. 1 SECTION 2 SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled "Scope of Service~" (Services). SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall be compensated for the Services, as set forth in Section 2 and Exhibit A, as follows: $23,950.00 (twenty-three thousand nine hundred fifty dollars) and a not to exceed amount of $1 ,000 (one thousand dollars) for Reimbursable Expenses. Compensation shall be paid after the completion and submittal of the grant application, to the Florida Division of Emergency Management by the Consultant, on or before the deadline of May 2, 2005. 3.2 INVOICING Consultant shall submit an invoice, which includes the purchase order number and a detailed description of the Services provided. 3.3 METHOD OF PAYMENT Payment shall be made for services satisfactorily rendered within thirty (30) days of the date of invoice, in a manner satisfactory to, and as approved and received by, the City. Consultant shall mail invoice to: City of Miami Beach Accounts Payable 1700 Convention Center Drive 3rd Floor Miami, Florida 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 2 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3) (a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The duration of this Agreement shall last until the completed grant application is submitted to Federal Emergency Management Agency, which shall be done on or before the May 2, 2005 deadline (and a copy which shall be submitted application provided to the City). The Services to be rendered by the Consultant shall be commenced upon execution of this Agreement and shall be satisfactorily completed no later than May 2, 2005. Consultant acknowledges that the Consultant is required to submit the grant application to Federal Emergency Management Agency, which shall be done on or before the May 2, 2005 deadline; therefore time is of the essence in the performance and completion of the services herein. 4.4 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, from and against any and all actions, liabilities, losses, and expenses, including, but not limited to, reasonable attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, to the extent caused by the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 3 4.5 TERMINATION, SUSPENSION AND SANCTIONS 4.5.1 Termination for Cause If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days' notice to Consultant, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.5.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.5.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE,-TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT "A", SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL HAVE DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY. AS REQUIRED HEREIN. 4.5.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an 4 assignmentfor the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.5.2. 4.5.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami-Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.5.2. 4.6 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Consultant. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City. 4.7 OWNERSHIP OF DOCUMENTS All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse distribution, or dissemination of same by Consultant, other than to the City, shall first be approved in writing by the City. 4.8 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement the following insurance: 1. Consultant General Liability in the amount of $1 ,000,000. 2. Consultant Professional Liability in the amount of $200,000. 3. Workers Compensation & Employers Liability as required pursuant to Florida statute. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is solely responsible for obtaining and submitting all insurance 5 certificates for its sub-consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.9 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.10 SUB-CONTRACTORS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Consultant. All sub-contractors must be approved in writing by the City prior to their engagement by Consultant. 4.11 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during 6 their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.12 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.13 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or sub-contractors, without the prior written consent of the City. 4.14 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: POST, BUCKLEY, SCHUH & JERNIGAN, INC. 1616 East Millbrook Road Suite 310 7 Raleigh, NC 27609 TO CITY: City of Miami Beach Attn: Office of Budget and Performance Improvement 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7010 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.15 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.16 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. 4.17 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $5,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in 8 this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: ~~~_ ..ft/ City Clerk b Robert Parcher J~Q~ City ManaQer Jorge Gonz~lez FOR CONSULTANT: POST, BUCKLEY, SCHUH & JERNIGAN, INC. ATTEST: Secretary ~~~~ \J'ke- Presi e t By: Print Name Ev-""\ c:... L _ \. eo tbeA Print Name .'. ==::. .". &FORI)CECU11ON 'fr';.". . ij;~i;Q$ ,,\[j. 10 EXHIBIT "A" SCOPE OF SERVICES: A. Grant Services: Grant Application to be prepared and submitted prior to the May 2, 2005 deadline, to the FEMA: Hazard Mitigation Grant Program, Fiscal Year 2005-6. The scope of the work consists of the following: A. Conduct an initial review of the existing City of Miami Beach HMGP project list located in the December 31 5\ 2004 Miami-Dade County Local Mitigation Strategy to determine potential project eligibility. The review will focus on stormwater management projects. The initial analysis will involve an assessment of project eligibility to include programmatic, environmental, technical feasibility and cost effectiveness. Preliminary analysis may require the use of FEMA's Limited Data Module to determine if the proposed project merits further consideration. B. Based on these findings, PBS&J staff will recommend to the City of Miami Beach which projects merit the development of a complete HMGP project application. Following a notice to proceed, PBS&J staff will develop four (4) HMGP applications. a. PBS&J staff will develop four (4) HMGP applications. POST, BUCKLEY, SCHUH & JERNIGAN, INC. will notify the City of the additional applications that merit completion. The HMGP application development will be comprised of five primary sub tasks: 1) Data collection and assimilation 2) Design and cost estimation 3) Benefit cost analysis 4) Environmental review 5) Writing HMGP applications Task One -- Data Collection and Assimilation The City of Miami Beach or its contractors will provide all available stormwater plans, the CH2MHILL Storm Water Master Plan (which include 160 drainage basins of which 34 are priority), drawings, calculations, maps, flood history and other information that they may possess that is relevant to any HMGP stormwater management application proposed by the City,of Miami Beach. Post, Buckley, Schuh & Jernigan, Inc. will coordinate with the City of Miami Beach to obtain this data in a timely manner considering the quick turnaround required for the development of HMGP applications. Specific data needed to review each project's eligibility and, if deemed potentially eligible, develop a complete HMGP application 11 includes: A. Detailed description of the problem and the proposed solution. . Description of the problem should include flood history in the project area and a general description of flood-related impacts. . The City will provide the Consultant with the CH2MHILL Stormwater Master Plan for review. . The City and/or its contractor Hazen & Sawyer will provide the following: 1) drawings for storm water design at current level; 2) a detailed description of the proposed action and a line-item cost estimate associated with these drawings; 3) the level of protection, and the magnitude of the event that the completed scope of work will mitigate (including a statement that all projects are being designed to South Florida Water Management District standards); and, 4) Project drawings, which are at the following level of completion: Nautilus Drainage Improvements 60% Biscayne Point Drainage Improvements Basis of Design Report Bayshore Drainage Improvements 30% Normandy Shores Drainage Improvement 90% Belle Isle/Belle Park Drainage Improvements 60% Jefferson Avenue Drainage Improvements 30% Lakeview Drainage Improvements 60% Lake Pancoast Area Drainage Improvements 30% Palm/Hibiscus Area Drainage Improvements Basis of Design Report West Avenue Drainage Improvements Basis of Design Report Flamingo / Lummus Drainage Improvements 60% La Gorce Drainage Improvements 60% B. If homes, commercial or other buildings were flooded, provide the following information: . Number, type and size of buildings . Replacement costs . Historical damages . Flood depths (in buildings) and return periods (frequency) of storms or provide frequency, water surface elevation and elevations of the buildings . For commercial buildings, provide income loss orthe daily/weekly income and the duration that the flood impacts the owner and/or public service c. If roads were flooded, provided the following information: . Signed statement with estimate of number of vehicles (ordinary traffic) that use the road per day . Signed statement with estimate of number of emergency response vehicles that use the road per day . Signed statement with estimate of hours or days impacted by flooding (Le. duration of flood) 12 . Frequency of flood event and length of time the road was impassable (e.g. 1 O-year event, 2 feet of water over road for a period of 6 hours) . Time that it takes vehicles to be rerouted, including a description of detour route . Road damage repair costs. D. If utilities were impacted, provide the following information: . Type of utility . Value per unit of service . Duration of loss of utility services . Number of customers impacted E. If public buildings were impacted, provide the following information: . Building use (e.g. police, hospital, library or museum, etc.) . Annual budget of public service provided from the impacted building . Provide cost breakdown and fully describe how the project will mitigate damages to buildings, utilities and/or roads . Duration building is impacted and the frequency of the event Post, Buckley, Schuh & Jernigan, Inc. will assimilate the data provided and incorporate it into HMGP applications, as necessary. Task Two -- Benefit Cost Analysis Post, Buckley, Schuh & Jernigan, Inc. staff will conduct benefit cost analyses for the proposed stormwater management projects using the FEMA Flood Module and document the data used in performing such analyses. Task Three -- Environmental Considerations Environmental and historic preservation issues must be considered. Tasks include: . Documentation of project site, to include taking photos and locating proposed project sites on topographic map and FIRM . Floodplain management issues, including how the project may impact adjacent areas . Identification of historic areas, if impacted by the proposed project . Description and budget for at least one alternative to the proposed project Task Four -- Writing HMGP applications Post, Buckley, Schuh & Jernigan, Inc. staff will write four (4) HMGP applications as described below: . Complete Florida Emergency Management Agency's HMGP application forms . Attach Benefit Cost Analyses results and supporting documentation 13 . Complete environmental review and provide supporting documents, as necessary . Submit cost estimation and design specifications, as provided by the City of Miami Beach 14 Budget Preliminary project review $7,000 Task 1. Data Collection and Assimilation $4,000 Task 2. Benefit Cost Analysis $5,000 Task 3. Environmental Review $1,000 Task 4. HMGP Application Write-up $6,950 Project Timeline By 5pm on March 30, 2005: POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will make recommendation to the City of Miami Beach outlining which projects identified in the local LMS merit the development of a complete HMGP project application. By 5pm on April 4, 2005: The City of Miami Beach will review the recommendations made by POST, BUCKLEY, SCHUH, & JERNIGAN, INC. and provide a Notice to Proceed to POST, BUCKLEY, SCHUH, & JERNIGAN, INC. outlining four (4) applications to be completed by POST, BUCKLEY, SCHUH, & JERNIGAN, INC. on behalf of the City. Any information, data or maps readily available to the City regarding these projects should be forwarded to POST, BUCKLEY, SCHUH, & JERNIGAN, INC. with the Notice to Proceed. (Note: Any delay in the Notice to Proceed must NOT delay other milestones in this process in order to ensure that the applications be completed and submitted before the state deadline.) Upon receipt of the Notice to Proceed and information, POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will begin developing the applications and will notify the City if any additional information is needed. By 5pm on April 14, 2005: A majority of the requested information is to be provided by the City of Miami Beach and its contractors as detailed in the Scope of Work must be provided to POST, BUCKLEY, SCHUH, & JERNIGAN, INC. for incorporation into the HMGP application(s). POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will incorporate this information into the application as required and will begin benefit-cost analysis for the projects. If additional information is needed to complete these tasks, POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will notify the City to request such information. By 5 pm on April 15, 2005: LMS Prioritization Matrix to be submitted to Frank J> Reddish, Emergency Management Coordinator, Miami-Dade Office of Emergency Management by POST, BUCKLEY, SCHUH & JERNIGAN, INC. Judy Hoanshelt, 15 Grants Manager to be copied on correspondence. By 5pm on April 21 ,2005: POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will provide draft applications to the City for review and comment. By Noon on April 25, 2005: The City will provide any comments regarding the draft applications to POST, BUCKLEY, SCHUH, & JERNIGAN, INC. for incorporation into the applications. By 5pm on April 27, 2005: POST, BUCKLEY, SCHUH, & JERNIGAN, INC. will ship all applications on behalf of the City to the Florida Division of Emergency Management so that it is received before the May 2 state deadline. 16