Loading...
HomeMy WebLinkAboutReso 2001-374 RESOLUTION NO. 2001-.31 Y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MILLER, LEGG & ASSOCIATES, FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE ACTIVE PARK, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach was in need of landscape architectural services for various landscape projects; and WHEREAS, the City noticed Request for Qualifications No. 01-05-01 for qualified Landscape Architectural Firm(s), which were opened on May 31, 2001, three firms responded and presented their proposals to a Selection Committee on June 11,2001; and WHEREAS, the Selection Committee heard the presentations, reviewed materials submitted and then, ranked the three respondents as follows: 1) O'Leary Design Associates, P.A.; 2) Miller Legg & Associates, Inc.; and 3) Bermello, Ajamil & Partners, Inc.; and WHEREAS, Resolution No. 2001-338 was adopted on June 21,2001, approving the rank ordering ofthe three firms and qualifying O'Leary Design Associates, P.A.; and WHEREAS, pursuant to Resolution No. 2001-360, adopted on September 13, 2001, the City Manager was provided with authority to negotiate with Miller Legg & Associates, Inc. and Bermello, Ajamil & Partners, Inc., to perform landscape architectural services for the City of Sunny Isles Beach, as needed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Apvrova1 of Agreement. The Agreement, between the City of Sunny Isles Beach and Miller, Legg & Associates, for landscape architectural services for the Active Park, attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute the Agreement with Miller Legg & Associates, Inc., for landscape architectural services for the Active Park, attached hereto as Exhibit "A", and do all things necessary to effectuate the Agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. R200 1- Agmt w/MiIler, Legg & Assoc, 6118/01 1:04 PM 1 ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY L Moved by: c..{)rt\N\ISs.:IO'V'tt'C. IGL<c.S11t;"' Seconded by: Vl c.t. rY\ A-YoR t(A-<1 F P MM Vote: 5-0 Mayor Samson Vice Mayor Kauffman Commissioner Edelcup Commissioner Goodman Commissioner Iglesias V(Yes) V (Yes) V (Yes) V (Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2001- Agmt wIMiller, Legg & Assoc, 6/18/011:04 PM 2 CITY OF SUNNY ISLES BEACH LANDSCAPE ARCHITECT CONSULTANT AGREEMENT THIS AGREEMENT, entered into this:z.a+h. day of ~p4t,W\\)t,\.; 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and MILLER, LEGG & ASSOCIATES, INC. (hereinafter referred to as the "Consultant"). RECIT ALS WHEREAS, the City is in need of certain consultant services for its Active Park; and WHEREAS, the Consultant represents that it has expertise in landscape architecture and .. . engmeenng servIces; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services advice in connection with the services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this agreement and shall end upon the completion of services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. As the entire compensation to the Consultant for its services to the City outlined in Attachment "A", under and during the term of this Agreement, the City shall pay Consultant fees outlined in Attachment "A" plus reimbursable expenses. For services provided by Consultant beyond those outlined in "Attachment A", under and during the term of this Agreement, the City shall pay Consultant a fee based on an hourly rate schedule plus reimbursable expenses. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Page 1 of6 Landscape Architect - Miller Legg 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: A) General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. B) Errors and omissions professional liability insurance policy to be in effect for term of contract and at least one (1) year beyond construction completion in an amount of at least One Million Dollars ($1,000,000). Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All general liability policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Manager. 7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Page 2 of6 Landscape Architect - Miller Legg Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control 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 have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved ofliability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. Page 3 of6 Landscape Architect - Miller Legg 11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge ofthe duties ofthe Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Michael D. Kroll, R. L.A., Director of Planning, Landscape Architecture, Environmental & GIS Services, Miller, Legg & Associates, Inc., 1800 North Douglas Road, Suite 200, Pembroke Pines, Florida 33024-3200, (954) 436-7600 Phone and (954) 436-8664 fax. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Page 4 of6 Landscape Architect - Miller Legg 17. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, 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. 20. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. Page 5 of6 Landscape Architect - Miller Legg IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. Michael D. Kroll, . . ., Director of Planning, Landscape Architecture, Environmental & GIS Services BY: ~ ttJ--gt~ ., '''. 1.....(.\,. 0. .~,~ CITY~F"~ISLESBEACH '-.J~..ft~"'~~~'-'-rJ\"~ BY:~~ , .- 2<)-0 J Christopher J. Russo, City Manager APPROVED AS TO FORM AND LEGAL City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 6 0[6 Landscape Architect - Miller Legg Proposal No. 3968 "ATTACHMENT A" Scope of Services This Scope of Services for professional services dated September 5, 2001 between City of Sunny Isles Beach (Client) 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 whose representative is Christopher J. Russo, City Manager and Miller, Legg & Associates, Inc. (MLA) (Consultant) is prepared in connection with 181st Drive Active Park (Project). 1.0 OVERVIEW 1.1 Client requests MLA, the Design Professional, to submit a proposal outlining the scope of services and associated fees for the Project. 1 .2 The Project is generally described as the design of a :t2 acre active park located at 181 st Drive and North Bay Road. The design will include planning, engineering, landscape architectural and surveying services. 2.0 ASSUMPTIONS - LIST OF BASIC ASSUMPTIONS 2.1 The design for the Project will be based upon the Concept Plan prepared by Albert Perez Associates, P .A. 2.2 The existing land use and zoning for the park parcel is conducive with the proposed recreational use. No rezoning or land use plan amendment will be necessary prior to the development of the proposed recreation project. Proposal No. 3968 2.3 The proposed Project site is exempt from all wetland or environmental issues. Consultant will however conduct an Environmental Phase I audit. 2.4 No public parking will be part of the design for the Project per the request of the client. The only parking to be provided will be parking required to meet ADA and accessibility requirements. 2.5 The survey provided to MLA by Client in hardcopy format is not available in a digital format and will require surveying activities to be provided under this scope of services. 2.6 An AL TA survey is not required. 2.7 As requested by Client, architecture, geotechnical and laboratory services will be provided through sub-consultants to MLA. 2.8 All Public Notification process to be provided by Client. 2.9 Architectural services are based upon an assumption of one (1) community center of 3,000-4,000 s.f. of conditioned space to include two (2) offices, multipurpose rooms, restrooms and storage. Also included with the facility is approximately 500 to 1,000 s.f. of trellised area, unconditioned. 2.10 As requested by Client, Consultant will coordinate the incorporation of a portion of the drainage improvement project designed by Nova Consulting into the Project. Nova Consulting, Inc. will be responsible for all design, permitting, construction observation or contract administration associated with the drainage improvement project. Consultant will assist and coordinate with Nova Consulting for this work. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 Client shall provide all available site information to MLA including any existing boundary and topographic survey, soil boring tests, Phase I reports and authorizations from Client as necessary to facilitate permitting and approval processes. 3.2 The park program for the various recreational components as well as the programming for the proposed recreational center building. All program elements shall be finalized prior to commencement of schematic design phase. 2 Proposal No. 3968 3.3 Information regarding the adjacent roadway, drainage, electric and other utilities may be required to service the proposed park project. 3.4 All contracting and administrative direction for Nova Consulting, Inc. in conjunction with the off-site drainage improvement portion of the Project. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be divided into twenty- three (23) phases as follows: Phase 1 Phase 2 FRDAP Grant Application Preparation and Submittal - Consultant will prepare a Florida Recreation Development Assistance Program (FRDAP) Grant Application package for submittal to FDEP. This application package will be submitted to the Client no later than October 10, 2001 for submittal by the Client to FDEP on or before October 12,2001. Consultant shall prepare one (1) original and four (4) copies of the application for Client. One (1) copy will serve as the Client's record copy. FEE: Lump sum of $6,000. Additional Revisions - Consultant shall address questions and requests for information from FDEP regarding the grant application submittal for the project. These additional revisions shall be provided as an additional service and will be invoiced per the attached hourly rate schedule. The fee for this phase is estimated not to exceed $3,500 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. Environmental Site Assessment - Consultant shall conduct an environmental site assessment, which complies with the processes prescribed by the American Society for Testing and Materials (ASTM) (E1527 -00), Standard Practice for Environmental Site Assessments (ESAs), Phase I ESA Process. The following items will be included as part of the assessment: · Aerial photographs will be reviewed to help evaluate past industrial activities and site features, such as above ground petroleum storage tanks and/or solid waste disposal areas; · Interviews with knowledgeable persons will be conducted to evaluate if portions of the property will require environmental sampling and to state the specific type of laboratory analyses that 3 Phase 3 Phase 4 Phase 5 Proposal No. 3968 may be appropriate. It will be necessary for Client to identify those people familiar with the Property who may assist Consultant with this assessment; . An Environmental Data Report will be obtained for a 1 .O-mile radius around the property to evaluate if the property is included on U.S. Environmental Protection Agency or State of Florida environmental regulatory lists as required by ASTM; and . An on-site inspection of the Property will be made to note any visual sign of contamination and record any activities at or near the site which involve suspect hazardous substances. Photographs will be taken during the inspection. It will be necessary for Client to assure unrestricted access for the on-site visual inspection. Upon completion of the assessment, Consultant shall provide Client with a written report of our findings. FEE: Lump sum of $2,400. Boundary & Topographic Survey - Consultant shall prepare a boundary and topographic survey of the Project establishing the perimeters of the property in accordance with the legal description provided by Client. The survey shall show above ground boundary encroachments, interior improvements, rights-of-way and easements of record as shown on applicable recorded plats adjoining or across the property. The survey shall show topographic elevations on a 100 foot grid for land areas and at 50 foot intervals along adjacent roadways from the property line to the centerline of pavement. Rim and invert elevations will be measured at all visible utility structures. FEE: Lump Sum of $3,300. Ownership/Encumbrance Report Review - Consultant shall obtain and review an ownership and encumbrance report and show survey pertinent encumbrances affecting the property on the drawing. FEE: Lump Sum of $1 ,500.00. Geotechnical Investigation and Soils Engineering Services - Geotechnical investigation and consultation shall be prepared by Geoverse Inc., a sub-consultant, and shall consist of field investigation including 2-40 foot borings for the proposed structure, 1 exfiltration test and 4-10 foot borings for general site conditions. Investigation findings will be presented in a bound report that includes recommendations for site development and foundation recommendations for deep or shallow foundations. Engineering 4 Phase 6 Phase 7 Proposal No. 3968 support services for design and construction shall also be provided as part of the lump sum fee. FEE: Lump Sum of $4,000. Conceptual Site Plan A. Design - Consultant shall prepare a conceptual site plan meeting the development requirements of the project. Consultant shall use approved conceptual site plan by others, as well as review development codes, zoning, existing utilities information and existing site conditions in order to determine development potential for the project. One (1) meeting with Client to review the conceptual site plan is included in this phase. Upon review and approval of a concept by the Client, Consultant shall proceed in preparation of the site plan package. FEE: Lump Sum of $3,000. B. Additional Revisions - Revisions required by the Client or other Consultants upon review of the initial conceptual site plan shall be included in this fee. Subsequent revisions to concept shall be provided as additional services and shall be invoiced on an hourly basis. The fee for this phase is estimated not to exceed $500 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. Site Plan Preparation and Processing A. Preparation and Processing - Consultant shall prepare a final site plan based on the conceptual site plan. Consultant shall coordinate the submittal of the site plan package to the City of Sunny Isles Beach, including the site plan, landscape plan, lighting plan, preliminary engineering and architectural plan. A 50%, 90% and 100% submittal will be made for review by the Client. Consultant shall attend each of the following regularly scheduled meetings: 1. Three (3) review submittal meetings. 2. One (1) Planning Advisory board Meeting. 3. One (1) City Commission Meeting. FEE: Lump Sum of $15,800. 5 Phase 8 Phase 9 Proposal No. 3968 B. Additional Revisions - Revisions required by each reviewing agency upon review of the 50% and 90% submittals shall be included in this fee. Subsequent revisions or revisions required by concept changes shall be provided as additional services and shall be invoiced on an hourly basis. The fee for this phase is estimated not to exceed $2,000 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. Colored Rendering - Consultant shall prepare one (1) colored rendering of the project site plan. Rendering shall be a board mounted planametric view depicting the buildings, paving, and landscaping for presentation at public hearings. FEE: Lump Sum of $ 1,500. Planting Design A. Plan Preparation - Consultant shall prepare planting construction documents meeting the minimum requirements for the City of Sunny Isles Beach. The documents will include plans, details, quantities, notes and size specifications for the installation of the proposed landscaping and will be submitted to the City as part of the site plan package. Revisions required by the City upon review of the 50% and 90% submittals are included in this fee. Fee: Lump Sum of $9,600. B. Additional Revisions - Subsequent reVISions or reVISions required by concept, architectural, site plan, or utility changes shall be provided as additional services and shall be invoiced on an hourly basis. The fee for this phase is estimated not to exceed $2,000 without prior authorization from Client. Fee: Hourly per the Hourly Rate Schedule. Phase 10 Irrigation Design A. Plan Preparation - Consultant will develop an irrigation design for the installation of irrigation within the landscaped areas of the project. The construction documents will include location, quantity and size of proposed irrigation materials for installation. The water source for the irrigation system will be potable water. Revisions required by the City upon review of the 50% and 90% submittals are included in this fee. 6 Proposal No. 3968 FEE: Lump Sum of $6,000. B. Additional Revisions - Subsequent revISions or revisions required by concept, architectural, site plan, or utility changes shall be provided as additional services and shall be invoiced on an hourly basis. The fee for this phase is estimated not to exceed $1,500 without prior authorization from Client. Fee: Hourly per the Hourly Rate Schedule. Phase 11 Site Lighting Design - Site lighting plans and specifications shall be prepared by Delta G Consulting Engineer's Inc., a subconsultant, and shall meet the minimum requirements of the City of Sunny Isles Beach for submittal to the City as part of the site plan package. Lighting will include lighting of the internal walkways, tot-lot and multi-purpose court, but not the multi-use field or the building. The plans shall indicate pole locations and fixture lumens and shall include details of lighting fixtures (foundations) and poles (and an isofootcandle drawing). Plans and specifications shall be submitted to the City of Sunny isles for approval and to FPL so that FPL can coordinate its distribution system with Consultant's lighting plan. Lighting specifications and materials shall be value conscious and include notes and details sufficient for competitive bidding. FEE: Lump Sum of $3,500. Phase 12 Site Amenities Design - Consultant shall prepare site amenities plans, details and specifications meeting the minimum requirements of the City of Sunny Isles Beach for submittal to the City as part of the site plan package. Site amenities will include perimeter fence, multi-purpose court equipment, tot-lot equipment, tot-lot shade structure, benches, drinking fountains, trash receptacles, dugout benches & shade structure and specialty paving. Site amenities specifications and materials shall be value conscious and include notes and details sufficient for competitive bidding. FEE: Lump Sum of $5,500. Phase 13 Preliminary Engineering A. Preparation - Consultant shall prepare conceptual plans for the drainage, water and sewer systems for the project. These plans shall be submitted to the City as part of the site plan package. FEE: Lump Sum of $2,500. 7 Proposal No. 3968 8. Additional Revisions - Revisions required by each reviewing agency upon review of the initial submittal shall be included in this fee. Subsequent revisions or revisions required by concept changes shall be provided as additional services and shall be invoiced on an hourly basis. The fee for this phase is estimated not to exceed $750 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. Phase 14 Conceptual Water Management Plan - Consultant shall prepare a conceptual water management plan for the project which shall include construction details for an exfiltration system. Engineering permit applications, plans, and support data shall be prepared for submittal to the South Florida Water Management District (SFWMD), Miami-Dade County, DERM, and the City of Sunny Isles for approval and/or informational purposes as appropriate. FEE: Lump Sum of $1 ,680. NOTE: The fee for this phase does not include environmental services associated with the SFWMD permitting process. Phase 15 Calculated Site Plan A. Preparation - Consultant shall prepare a horizontal control plan of the project based on the approved site plan. This plan shall show the bearings and distances of the property lines, center lines, right-of-way lines and easement lines and the dimensions of buildings, pavement, landscape areas and other site improvements. This phase does not include the preparation of a coordinate point map. FEE: Lump Sum of $1 ,500. B. Additional Revisions - Revisions required by minor/major architectural or other coordination needs shall be on an hourly basis. The fee for this phase is estimated not to exceed $500 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. Phase 16 On-site Engineering Plan - Consultant shall prepare engineering plans and specifications for on-site improvements including, grading, and storm drainage system; water distribution system; and gravity sewage collection system including a lift station and force main as required for development of the Project. Engineering permit 8 Proposal No. 3968 applications, plans, and support data shall be submitted to City of Sunny Isles, Miami-Dade Water and Sewer Department and Miami- Dade Department of Environmental Resources Management for approval. FEE: Lump Sum of $8,000. Phase 17 Off-site Engineering Plan - Consultant shall prepare engineering plans and specifications for off-site improvements as follows: Three drop-off/on-street parking areas, including drainage, grading and signing and marking modifications, sidewalk improvements and pedestrian walkway improvements. Engineering permit applications, plans and support data shall be submitted to the City of Sunny Isles Beach and Miami-Dade Highway Division for approval. FEE: Lump Sum of $2,500. Phase 18 Off-site Drainage Improvements - Consultant shall coordinate the inclusion of the Sunny Isles Beach Drainage Improvement project, designed by Nova Consulting, Inc. (dated November 2000) into the Project design and construction. The portion of the drainage project that will be included in the Project is the infrastructure including and located between structures: STM-3482, STM-8150, STM-8015, STM-8057, STM-8072 and CB-7077. Nova Consulting, Inc., will remain the engineer of record for these improvements and be responsible for all design and permitting, associated with the off-site drainage improvements. FEE: Lump Sum of $3,500. Phase 19 Architectural Schematic Design - The Architectural services as outlined in Phases 19, 20 & 21 shall be provided by Borrelli & Associates, a sub-consultant. A. Preliminary Meeting & Field Investigations - The B&A team will attend one (1) meeting with Client to define the goals, objectives and program for the project and to discuss budgetary and implementation issues. B&A will conduct one (1) field visit to verify and photograph existing site conditions and to determine architectural and engineering design opportunities and constraints. B. Schematic Design - B&A will prepare one (1) 24" x 36" rendered plan and section/elevation to illustrate a schematic design for the project. This design will indicate the type, size and configuration of the proposed community center. 9 Proposal No. 3968 C. Meetings/Presentations - B&A will attend one (1) meeting with Client to present the schematic design documents and to receive direction for proceeding with the preparation of construction documents. In addition, B&A will attend one (1) meeting with the City of Sunny Isles Beach City Commission and one (1) meeting of the Citizens Advisory Board to present the schematic design. FEE: Lump sum of $10,500. Phase 20 Architectural Construction Documents - The following sub-task descriptions refer to services which shall be provided to the Client in three (3) phased submittals representing 50%, 90% and 100% construction document completion levels. A. 50% & 90% Construction Documents Phase: a. Prepare cover, general information, indexes, and symbol sheets. b. Prepare floor and reflected ceiling plan. c. Prepare M.E.P. and Structural documents. d. Prepare architectural, M.E.P. and Structural outline specifications. e. Coordinate project with M.E.P. and Structural engineers. f. Prepare door schedule. g. Prepare an estimate of probable construction costs. h. Address Owner comments and design modifications. B. 100% Construction Document Phase - Complete tasks (a) through (h) as outlined in Phase 20 (A), and: i. Building official's code review. j. Prepare and complete details. C. Final Bid Construction Document Phase: a. Finalize adjustments to specifications and drawings. b. Incorporate code official's comments. c. Finalize bid documents. d. Sign and seal documents. e. Plot and distribute documents for bidding purposes. FEE: Lump sum of $25,800. Phase 21 Architectural Bidding and Construction Administration Services 10 Proposal No. 3968 A. Architectural Bidding Services - Bidding Services will include the preparation of or processing of any related addendum or RFI's if required. B. Architectural Construction Administration - Construction Administration will include the review of architectural shop drawings, responses to architectural/engineering RFl's, conduct a maximum of four (4) site visits to occur at various times throughout construction, inclusive of one (1) substantial completion site visit/punch list and one (1) final completion/closeout site visit/punch list. B&A will process all RFl's and shop drawings. B&A will distribute appropriate copies and maintain a shop drawing log. FEE: Lump sum of $5,775. Phase 22 Site/Engineering Construction Services A. Bidding Assistance/Contract Administration - Consultant shall assist Client in preparation of bid package, answering contractor RFl's, review of bids, preparation and negotiation of contract(s) and execution of contracts for the site development work on the project. The fee for this phase is estimated not to exceed $9,000 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. B. Preconstruction - Consultant shall attend preconstruction conference, review material shop drawings, and assist contractor prior to commencement of construction. FEE: Lump Sum of $2,000. C. Construction Observation Shall include general observation of the site work, review of contractor pay requests and verification of system testing. Services include up to ten (10) hours per week for Engineering/Landscape Architecture inspector and four (4) hours per week of Project Engineer/Project Manager time. FEE: Lump Sum of $40,000. D. Statements of Work Completion - Shall include statement of work completion, review and submittal of "as-built" drawings prepared by the Contractor's registered land surveyor and assistance in conveying utility systems to the City of Sunny Isles. FEE: Lump Sum of $2,000. 11 Phase 23 Proposal No. 3968 Meeting Attendance - Consultant shall attend meetings at the direction of the Client on an hourly basis. These meetings shall be above and beyond the meetings included in the previous phases. The fee for this phase is estimated not to exceed $5,000 without prior authorization from Client. FEE: Hourly per the attached Hourly Rate Schedule. F:\State\Florida\Dade\Sunny Isles Beach\3968\1LD181st Drive Active Park905,doc 12 2001 HOURLY RATE SCHEDULE TITLE Administrative Technical Assistant CAD Technician Field Representative Senior Field Representative Technician GIS Data Processor Senior CAD Technician/Landscape Designer Environmental Scientist/Risk Management Specialist Director of Field Services Project Engineer/Surveyor/Landscape Architect/Designer Regulatory Coordinator Survey Field Party (Portal to Portal) GIS Specialist Senior Project Engineer/Senior Environmental Scientist Project Manager/Licensed Surveyor Senior Project Manager/GIS Coordinator Engineering/Planning/Surveying Director GPS Field Party (Portal to Portal) Principal Senior Principal NOTE: These rates are subject to change after January 1, 2002 13 HOURLY RATE $ 45 $ 50 $ 60 $ 60 $ 70 $ 70 $ 75 $ 75 $ 75 $ 85 $ 85 $ 85 $ 95 $ 95 $ 95 $100 $125 $140 $150 $175 $215 MILLER, LEGG & ASSOCIATES, INC. Standard Reimbursable Expense Rates Effective January 1, 2001 In-house Expenses Courier Zone 1 (0 - 15 Miles) Courier Zone 2 (16 - 30) Courier Zone 3 (31 - 45) Courier Zone 4 (46 - 60) Courier Zone 5 (61 - 75) Mileage (per mile) Copies Blueprints Mylars Postage Vellums Fax Transmissions Official Record Docs $10.00 $20.00 $30,00 $40.00 $50.00 $0,39 $0.15 $2.20 $7.00 $0.34 $5.50 $1,00 $1.00 Outside Expenses Cost + 15% Page 14