HomeMy WebLinkAboutReso 2004-635
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RESOLUTION NO. 2004-1035
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND
MILLER, LEGG & ASSOCIATES, FOR LANDSCAPE
ARCHITECTURAL SERVICES TO REDESIGN THE ACTIVE PARK
LOCATED AT NORTH BAY ROAD AND 181 ST DRIVE, IN AN AMOUNT
OF TWO HUNDRED EIGHTY-EIGHT THOUSAND TWO HUNDRED
TWENTY DOLLARS ($288,220.00), ATTACHED HERETO AS EXHIBIT
"A"; PROVIDING FOR EXECUTION BY THE MAYOR;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUA TE SAID AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City owns 2.0 acres of park land at North Bay Road and 181st Drive;
and
WHEREAS, the City wishes to redesign the Active Park before proceeding with
construction of a community center of approximately 12,000 square feet, including a 10,000
square foot gymnasium; and
WHEREAS, the City Commission has previously reviewed and commented on
conceptual park plans submitted by Miller, Legg and Associates, and adopted Resolution No.
2002-440 on May 7, 2002; and
WHEREAS, the designers have modified the plan, and City staff has reviewed said
plan, and the City Commission now wishes to enter into an agreement with Miller, Legg and
Associates, for professional landscape architectural services, in an amount not to exceed Two
Hundred Eighty-Eight Thousand Two Hundred Twenty Dollars ($288,220.00), attached hereto
as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Consultant Agreement between the City of Sunny
Isles Beach and Miller, Legg, and Associates, for redesign of the City's Active Park located at
North Bay Road and 181st Drive, in an amount not to exceed $288,220.00, attached hereto as
Exhibit "A", be, and the same is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate said Agreement.
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R2004- Miller Legg Active Park
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of February, 2004.
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APPROVED AS TO FORM
AND AL SUFFICIENCY:
Vote: 5-{)
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
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~(Y es)
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V(Yes)
R2002-Miller, Legg & Associates
Moved by: ~~:I2nL~S:1 ~
Seconded by: 0~ ~~J rv
_(No)
_(No)
_(No)
_(No)
_(No)
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CITY OF SUNNY ISLES BEACH
181st DRIVE ACTIVE PARK "PROJECT" CONSULTANT
SERVICES AGREEMENT CONTRACT NO. 04-~-O/ mL,tJ
THIS CONSULTANT AGREEMENT made and entered into this ICj'.)L day of
2004, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal c rporation of the State of Florida, (hereinafter referred as to "City") and MILLER
LEGG & ASSOCIATES, INC., a Florida corporation, authorized to do business in the State of
Florida, (hereinafter referred to as "Consultant"), whose Federal I.D.# is
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WHEREAS, Consultant is a qualified consultant firm; and
WHEREAS, the City wishes to employ Consultant to advise and assist with planning,
engineering and landscape architectural services related to the re-design of a +2 acre active park
located at 181st. Drive and North Bay Road and other services more particularly described in
shown in Exhibit "A" attached hereto and made a part hereof.
WHEREAS, the Consultant is qualified, willing and able to provide the desired services
on the terms and conditions set forth herein;
NOW THERFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Consultant shall perform the following services:
a. Planning, engineering and landscape architectural services performed for the 181 st. Drive
Active Park "Project" +2 acre active park located at 181st. and North Bay Road and other
services more particularly described in shown in Exhibit "A" attached hereto and made a
part hereof.
b. Consultant will prepare and present oral/written reports as needed or as requested on a
periodic basis while engaged in special projects. Consultant shall provide, on a monthly
basis, to the City Manager, a detailed narrative report delineating all services provided by
the Consultant in the previous month. The Consultant shall also provide quarterly,
written reports, detailing all of the Consultant's activities in the previous quarter and the
results of the Consultant's efforts. Each report required herein will be submitted to the
attention of the City Manager.
c. The total price for these services shall not exceed Two Hundred amI/Eighty-Eight
Thousand, Two Hundred and Twenty Dollars ($288,220.00) payable: rJ ~onthly 0 as
invoiced.
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the term of this Agreement shall be for Six Months (6) Months
from date of execution, and shall begin within ten (10) days after notification to proceed. Any
change in fee, terms or conditions shall be accomplished by written amendment to this contract.
4. COMPENSATION. Payment to Consultant for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any and other additional charges, if not properly included on
this final invoice are waived by the Consultant.
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.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon thirty (30) days written notice to Consultant. Vpon termination, the City may
re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed
conditions.
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an
independent Consultant 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 Consultant 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.
7. INSURANCE. Consultant 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 Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below:
(J Comprehensive General liability insurance -- including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with limits of One Million Dollars ($1,000,000) combined single limit
occurrence.
(J Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
(J Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage
for errors and omissions.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than $500,000 per occurrence,
Combined Single Limit or its equivalent.
Insurance required of the Consultant shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Consultant's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Before any work under this
Agreement is performed, and at any time upon request, Consultant shall furnish to the City
certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All 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 Management
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Department. All insurance policies and certificates of insurance shall provide that the policies
may not be canceled or altered without thirty (30) days prior written notice to the City. The City
reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Consultant hereunder.
Consultant shall also require and ensure that each of its sub-consultants providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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.
Consultant shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Consultant and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or purchased
under this Agreement for, or at the City's expense, shall be and remain the City's property and
may be reproduced and reused at the discretion of the City.
The City and Consultant shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including, but not limited to, any representations
made herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
officers, agents, and 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 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
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City of Sunny Isles Beach
17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
10. 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.
1. 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.
11. Notwithstanding the foregoing, the Consultant shall not be relieved of
liability 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.
111. After receipt of a Termination Notice and except as otherwise directed
by the City, the Consultant shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work.
3. Transfer all work in process, completed work and
other materials related to the terminated work to
the City.
4. Continue and complete all parts of that work that
have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed in the event the Consultant
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City a/Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit
of creditors.
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.
11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not
subcontract, assign or transfer any work under this agreement without 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 any person or entity acting under Consultant.
12. 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.
13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Consultant shall (1) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Consultant's ability to meet the completion dates or
schedules of this Agreement.
15. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be Christopher J. Russo, City Manager, telephone
number 305/947-0606. Consultant shall not respond to requests for services under this
Agreement unless the request is received directly from Christopher J. Russo, City Manager, or
designated personnel. Any requests received from other City departments/divisions shall be
referred to the City Manager's Department representative designated above. Services performed
without authorization by Christopher J. Russo, City Manager, shall be considered
unauthorized and shall not be compensated/paid by the City.
16. 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.
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties 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.
17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
ofthis 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 of the duties of the 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.
18. 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 to Christopher J. Russo, City Manager, with a copy to Lynn M.
Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250,
Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Miller,
Legg & Associates, Inc., 1800 North Douglas Road, Suite 200, Pembroke Pines, FL 33024,
Attention: Michael D. Kroll, R.L.A. Vice President. Telephone: 954/436-8664; Fax: 954/437-
2958.
19. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, in the State of Florida.
20. 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.
21. 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 I 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/family 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.
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
22. 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
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.
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance ofthe services.
23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document.
24. MISCELLANEOUS.
a. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform services including those
provided hereunder.
b. Consultant and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the services rendered by Consultant hereunder, or to the wages paid by Consultant to its
employees.
c. Consultant shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Consultant to render the service(s) required hereunder.
d. Consultant shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Consultant is not authorized to act as
the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Consultant's relations with sub-Consultants, or in any other manner
whatsoever.
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City of Sunny Isles Beach
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is
expressly incorporated herein by reference, shall constitute the entire agreement between the
parties with respect to the subject matter hereof, and it shall supersede all previous and
contemporaneous oral and written negotiations, commitments, agreements and understanding
relating hereto. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed bv the party
granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
C.
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ATTEST:
CITY OF SUNNY ISLES BEACH
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Miller, Legg & Associates Consultant Agreement
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EXHIBIT A - SCOPE OF SERVICES
181 st Drive Active Park
Additional Services No. 1
Revision February 11, 2004
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: the re-design
of a :t2 acre active park located at 181st Drive and North
Bay Road. The re-design will include planning, engineering
and landscape architectural services related to the
Recreation building second floor addition, new gymnasium
building and other proposed site improvements.
2.0 BASIS OF SCOPE
2.1 Planning:
. The 100% Plan submittal set dated June 9, 2003, shall
be revised to accommodate the additional architectural
improvements.
. The Recreation building second floor addition shall
require one (1) elevator and two (2) stairways.
. One (1) additional handicap parking space shall be
added along 181 st Drive.
. Architecture and structural engineering services shall be
provided through sub-consultants to MLA.
. All Public Notification process to be provided by Client.
. Architectural services are based upon a Client-
provided program of one (1) two-story recreation
building of approximately 12,000 s.f. of conditioned
space to include offices, multi-purpose rooms,
restrooms and storage. Also included will be a ::1:10,000
s.f. single level gymnasium building with storage and a
snack bar.
. Scope includes three (3) formal submittals. The 50%,
90%, and 100% submittals will receive formal reviews
by the Client. The 100% submittal package to the
Client will be for inclusion in the final bid/construction
package.
Page 1 of 11
Initial: MLA: ~ Client:
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. As requested by the Client, Consultant shall incorporate
locations of injection wells as required for the Client's
off-site drainage improvement project into this Project.
Consultant will not be responsible for design, permitting,
construction observation or contract administration
associated with the off-site drainage improvement
project. Consultant will assist and coordinate with the
Clients consulting engineer for this work.
. Scope is for a design/bid/build process. If Client follows
a design/build or CM type process, Consultant may
modify the fee and scope for additional coordination
and/or design services.
. Phase 22, (site/Engineering Construction Services) of
the approved scope of services dated September 5,
2001 is not under this Scope of Services and shall be .
billed under the original agreement.
3.0 INFORMATION TO BE PROVIDED BY CLIENT
3.1 Updated information regarding the adjacent roadway,
drainage, electric and other utilities may be required to
service the proposed park project.
3.2 All contracting and administrative direction in conjunction
with the new consultant for the off-site drainage
improvement portion of the Project.
3.3 Program elements for the Recreation building's first and
second floors and the gymnasium.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be divided into
twenty two (22) tasks as follows:
PLANNING TASKS
Task 1.
Site Plan Preparation and Processing
A. Preparation and Processing - Consultant shall
revise the 100% submittal site plan based on comments
and revisions generated after the 100% plan submittal
date. 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
Page 2 of 11 Initial: MLA\~ Client: ~
Task 2.
Task 3.
engineering and architectural plans. New 50%, 90%, and
100% submittal sets will be distributed for review by the
Client. Consultant shall attend the following regularly
scheduled meetings:
1 . Two (2) review submittal meetings.
FEE: Lump Sum of $4,600.
B. Additional Revisions - Revisions required by each
reviewing agency upon review of the new 50%, 90%, and
100% submittals are 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 task is estimated not to
exceed $1,000 without prior authorization from Client.
FEE: Hourly per the attached Rate Schedule.
Calculated Site Plan
A. Preparation - Consultant shall revise the previously
submitted 100% submittal horizontal control plan of the
project to reflect the proposed changes. 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 task 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 task is estimated
not to exceed $300 without prior authorization from Client.
FEE: Hourly per the attached Rate Schedule.
Preliminary Development Cost Estimate - Consultant
shall prepare a pre-development cost estimate of the
Project. The cost estimate shall consist of earthwork,
paving, drainage, water and sewer, architectural, lighting,
planting, irrigation, site amenities and fencing
improvements.
FEE: Lump Sum of $2,000.
Page 3 of 11
Initial: MLA:~Client: ~
Task 4.
Task 5.
Task 6.
LANDSCAPE ARCHITECTURE TASKS
Tree Removal/Relocation Plans
Document Preparation - Consultant shall review the tree
survey for the project and collect data on the existing site
conditions to prepare tree removal/relocation construction
documents for the Project. The documents will designate
existing trees to be preserved, removed, or relocated as
well as new trees necessary for replacement credits, if
required. The documents shall include plans, details, tree
credit and replacement charts, and notes for the proposed
tree preservation, removal, and relocation activities
meeting the minimum requirements of the City of Sunny
Isles Beach. The documents will be submitted to the City
of Sunny Isles Beach for review. Revisions required upon
review of the initial submittal, are included in this fee.
FEE: Lump Sum of $1,200.
Tree Removal/Relocation Permitting - Consultant shall
prepare a tree removal permit application and support
documentation that includes plans, location maps and
mitigation tables as required for permitting existing non-
invasive trees proposed for removal or relocation.
Consultant shall then submit the tree removal permit
application and support documents to Miami-Dade County
for removal/relocation activities associated with the existing
trees on-site. The fee below does not include the
application fee required for tree removal/relocation.
FEE: Lump Sum of $1,200.
Planting Design
A. Plan Preparation - Consultant shall revise the
previously submitted 100% planting construction
documents to reflect the proposed changes. The
documents will include plans, details, quantities, notes and
size specifications for the installation of the proposed
landscaping and will be submitted to the Client as part of
the site plan package. Revisions required by the Client
upon review of the new 50%, 90%, and 100% submittals
are included in this fee.
FEE: Lump Sum of $3,000.
B. Additional Revisions - Subsequent reVISions or
revisions required by concept, architectural, site plan, or
utility changes shall be provided as additional services and
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Task 7.
Task 8.
Task 9.
shall be invoiced on an hourly basis. The fee for this task
is estimated not to exceed $1,000 without prior
authorization from Client.
FEE: Hourly per the attached Rate Schedule.
Irrigation Design
A. Plan Preparation - Consultant shall revise the
previously submitted 100% irrigation construction
documents to reflect the changes to the Recreation
building. The irrigation 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 Client
upon review of the 50%, 90%, and 100% submittals are
included in this fee.
FEE: Lump Sum of $1,500.
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 task
is estimated not to exceed $300 without prior authorization
from Client.
FEE: Hourly per the attached Rate Schedule.
Little League Ball Field Lighting Design - Site lighting
plans and specifications for the little league baseball field
shall be prepared by Delta G Consulting Engineer's Inc., a
sub-consultant, and shall meet the minimum requirements
of the City of Sunny Isles Beach for submittal to the Client
as part of the site plan package. Lighting of the little league
baseball field was not included in the original scope of work
and added during the design and review process with the
Client. 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 Client for
approval. Lighting specifications and materials shall be
value-conscious and include notes and details sufficient for
competitive bidding.
FEE: Lump Sum of $1,500.
Site Lighting Design - Re-design of the site lighting plans
and specifications shall be prepared by Delta G
Consulting Engineer's Inc., a sub-consultant, and shall
Page 5 of 11 InHial: MLA~ Client: ~
Task 10.
Task 11.
Task 12.
meet the minimum requirements of the City of Sunny Isles
Beach for submittal to the Client as part of the site plan
package. Site lighting will include lighting of the little league
field. 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 Client for
approval. Lighting specifications and materials shall be
value conscious and include notes and details sufficient for
competitive bidding.
FEE: Lump Sum of $1,500.
Site Amenities Design - Consultant shall revise the
previously submitted 100% site amenities plans and details
to meet the minimum requirements of the City of Sunny
Isles Beach for submittal to the Client as part of the site
plan package. Site amenities revision will include
perimeter fence, multi-purpose court equipment, benches,
drinking fountains, trash receptacles, 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 $2,300.
ENGINEERING TASKS
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 Client as
part of the site plan package.
FEE: Lump Sum of $2,230.
B. 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.
Conceptual Water Management Plan - Consultant shall
prepare a conceptual water management plan for the
project which shall include construction details for a d~PJ _, A
Page 6 of 11 Initial: MLA: ~J~ Client: ~ r
Task 13.
Task 14.
Task 15.
well injection 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, the Florida Department of
Environmental Protection (FDEP), and the City of Sunny
Isles for approval and/or informational purposes as
appropriate.
FEE: Lump Sum of $3,640.
NOTE: The fee for this phase does not include
environmental services associated with the SFWMD
permitting process.
On-Site Engineering Revisions - Consultant shall revise
engineering plans and cross sections for on-site
improvements due to proposed modifications. Plan .
changes shall include paving, grading, storm drainage
system; water distribution system; and gravity sewage
collection system revisions. In addition, Consultant shall
coordinate changes as required by the Client, DERM and
WASD.
FEE: Lump Sum of $ 4,300.
Off-Site Drainage Coordination - Consultant shall
coordinate off-site drainage improvements with the Client
and BH&A Consulting Engineering. In addition, Consultant
shall prepare the on-site plans and cross sections to
address the off-site drainage coordination revisions and
include the applicable off-site drainage improvements with
the on-site engineering system. Revisions required by the
City upon review of the 50%, 90%, and 100% submittals
are included in this fee.
FEE: Lump Sum of $ 1,600.
Off-site Engineering Revisions - Consultant shall prepare
engineering plans and specifications for off-site
improvements as follows: 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 $2,300.
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Task 16.
Task 17.
ARCHITECTURAL TASKS
The Architectural tasks shall be provided by Borrelli &
Associates (B&A), a sub consultant.
Schematic/Design Development
. The B&A team will attend one (1) meeting with
representatives of the Owner (following Notice to
Proceed) to further verify the goals, objectives and
program for the project and to discuss budgetary
and implementation issues.
. B&A will prepare plans and sections/elevations to
illustrate a schematic design for the project. This
plan will indicate the type, size and configuration of
the proposed community center and enclosed
gymnasium.
. B&A will attend one (1) meeting with representatives'
of the Owner to present the schematic design
documents and to receive direction for proceeding
with the preparation of construction documents. In
addition if required, B&A will attend one (1) meeting
with the City of Sunny Isles Beach City Commission.
FEE: Lump Sum of $59,325.
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%, and 90% Construction Documents Phase:
a) Prepare cover, general information, indexes,
and symbol sheets
b) Prepare floor and reflected ceiling plan
c) Prepare MEP and Structural documents
d) Prepare architectural, MEP and Structural
outline specifications.
e) Coordinate project with MEP and Structural
engineers.
f) Prepare door schedule
g) Prepare an estimate of probable construction
costs
h) Address Client comments and design
modifications
B. 100% Construction Document Phase:
a) Complete cover, general information,
indexes, and symbol sheets
b) Compete floor and reflected ceiling plan,
including overall dimensions. , " ,~ lit
Page 8 of 11 Initial: MLA: ~Client: ~l l'
Task 18.
Task 19.
c) Complete MEP and Structural documents.
d) Complete Architectural, MEP, and Structural
specifications
e) Coordinate project with MEP and Structural
engineers
f) Complete door schedule
g) Prepare an estimate of probable construction
costs
h) Address Client comments and design
modifications
i) Building official's code review
j) Prepare and complete details
k) Finalize adjustments to specifications and
drawings
I) Incorporate code official's comments
m) Finalize bid documents
n) Sign and seal documents
0) Plot and distribute documents for bidding
purposes
FEE: Lump Sum of $149,499.
Bidding and Construction Administration Services:
A. Bidding Services: will include the preparation of or
processing of any related addendum or RFI's if
required.
B. Construction Administration: will include the review
of architectural shop drawings, responses to
architectural/engineering RFI's, conduct bi-weekly site
visits throughout the construction phase, inclusive of
one (1) substantial completion site visit/punch list and
one(1) final completion closeout site visit/punch list.
B&A will process RFI's and shop drawings.
FEE: Lump Sum of $28,476.
MISCELLANEOUS TASKS
Technical Specification Preparation - Consultant shall
prepare technical specification for the project to include
specifications for the site engineering, planting, irrigation,
lighting, fencing, site amenities specialty paving and other
site improvements, and add them together with the
specifications for the recreation Building and Gymnasium
to be provided by Borrelli & Associates. These technical
specifications shall be provided to the Client for
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Task 20.
Task 21.
Task 22.
incorporation with their front end documents for bidding
purposes.
FEE: Lump Sum of $3,000.
Geotechnical Investigation and Soils Engineering
Services - Geotechnical investigation and consultation
shall be prepared by a sub-consultant, and shall consist of
field investigation including 2-40 foot borings for the
proposed gymnasium. Investigation findings will be
presented in a bound report that includes
recommendations for site development and foundation
recommendations for deep or shallow foundations.
Engineering support services for design and construction
shall also be provided as part of the lump sum fee.
FEE: Lump Sum of $2,500.
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 tasks. The fee for this task is estimated not
to exceed $5,000 without prior authorization from Client.
FEE: Hourly per the attached Rate Schedule.
Recreation Building Coordination - Consultant shall
coordinate the Recreation building and gymnasium
revisions between the Client and Sub-Consultants during
the construction document preparation process.
FEE: Lump Sum of $ 2,700.
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FEE SUMMARY
TASK LUMP SUM HOURLY MAXIMUM
NUMBER TASK FEE NTE FEE HOURLY FEE
Task 1 Site Plan Preparation and
Processina $4,600.00 $1,000.00 $0.00 $5,600.00
Task 2 Calculated Site Plan $1,500.00 $300.00 $0.00 $1,800.00
Task 3 Preliminary Development Cost
Estimate $2,000.00 $0.00 $0.00 $2,000.00
Task 4 Tree Removal/Relocation Plans $1,200.00 $0.00 $0.00 $1,200.00
Task 5 Tree Removal/Relocation
Permittino $1,200.00 $0.00 $0.00 $1,200.00
Task 6 Plantino Desion $3,000.00 $1,000.00 $0.00 $4,000.00
Task 7 Irrioation Desion $1,500.00 $300.00 $0.00 $1,800.00
Task 8 Little League Baseball Field $1,500.00 $0.00 $0.00 $1,500.00
Liohtino Desion
Task 9 Site Liohtino Desion $1,500.00 $0.00 $0.00 $1,500.00
Task 10 Site Amenities Desian $2,300.00 $0.00 $0.00 $2,300.00
Task 11 Preliminarv Enoineerina $2,230.00 $750.00 $0.00 $2,980.00
Task 12 Conceptual Water Management $3,640.00 $0.00 $0.00 $3,640.00
Plan
Task 13 On-Site Enoineerina Revisions $4,300.00 $0.00 $0.00 $4,300.00
Task 14 Off-Site Drainaae Coordination $1,600.00 $0.00 $0.00 $1,600.00
Task 15 Off-site Enoineerina Revisions $2,300.00 $0.00 $0.00 $2,300.00
Task 16 Schematic/Desian Development $59,325.00 $0.00 $0.00 $59,325.00
Task 17 Construction Documents $149,499.00 $0.00 $0.00 $149,499.00
Task 18 Bidding and Construction $28,476.00 $0.00 $0.00 $28,476.00
Administration Services
Task 19 Technical Specification $3,000.00 $0.00 $0.00 $3,000.00
Preparation
Task 20 Geotechnical Investigation and $2,500.00 $0.00 $0.00 $2,500.00
Soils Enoineerino Services
Task 21 Meetino Attendance $0.00 $5,000.00 $0.00 $5,000.00
Task 22 Recreation Buildino Coordination $2,700.00 $0.00 $0.00 $2,700.00
TOTAL FEE $279,870.00 $8,350.00 $0.00 $288,220.00
V:\State\Florida\Dade\Sunny Isles Beach\3968\Sunnylsles ASA #1 rev 12-26-03.doc
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A A C () (l () 7 I I
EXHIBIT B.
BORRELLI & ASSOCIATES
Architecture. Planning
Landscape Design
Interior Design
4960 S,W 72nd Avenue, Suite 408
Miami, Florida 33155
(305) 665. 8852
Project Schedule - Sunny Isles Beach Active Park
PHASE
Notice to Proceed
Schematic Design
Review
Notice to Proceed
Design Development
Review
Notice to Proceed
50% Construction Documents
Review
Notice to Proceed
90% Construction Documents
Review
Notice to Proceed
100% Construction Documents
Bidding/ Award
Final Completion
TIME PERIOD
March I, 2004
March 1,2004 - April 13, 2004 (32 days)
April 13, 2004 - April 20, 2004 (6 days)
April 21, 2004
April 21, 2004 - May 18,2004 (20 days)
May 18,2004 - May 25,2004 (6 days)
May 26, 2004
May 26, 2004 - July 16,2004 (38 days)
July 16,2004 - July 23, 2004 (6 days)
July 26,2004
July 26, 2004 - Sept 13,2004 (36 days)
Sept 13,2004 - Sept 20,2004 (6 days)
Sept 21,2004
Sept 21,2004 - Oct 18,2004 (20 days)
Oct 18,2004 - Nov 16,2004 (22 days)
July 18,2004 (175 days)
Orlando. Florida
(407) 678.0888
2/1012004 ~
,.-~
~
===
Offices Located In:
.
Pembroke Pines
.
Wellington
.
Winter Park
AGREEMENT FOR PROFESSIONAL SERVICES
Client:
City of Sunny Isles Beach
Client Contact:
Christopher J. Russo
Address: 17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Address:
Same
Date: February 11 , 2004
Project No: 01-14122
T:
52 R: 42 S:
11
Project Name and Location: 181 st Drive Active Park "Projecf'
:t2 acre active park located at 181 st Drive and North Bay Road
Description of Services to be Provided: See Exhibit A Pages 1 - 11, Exhibit B
Fee:
Lump Sum of
See Exhibit A
AND
Hourly (Estimated Amount)
See Exhibit A
Retainer:
(Payable upon execution of this Agreement) $
Special Conditions:
The undersigned agree that these Additional Services shall be in compliance with the Agreement,
General Conditions and Special Provisions dated September 5, 2001. Any additional requested
services will be address d in a separate agreement.
. tes, c. (COnsult~a t) _
~.
Date::> 0
Date: 3,1/0/01
Michael D. Kroll, R.L.A. Vice President
Printed Namerritle
Christopher J. Russo/City Manager
Printed Namerritle
GP/js/js
Attachments: Exhibit A
Page 1 of2
Initial: MLA~~ient: ~
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~
~i:F=
Offices Located In:
.
Pembroke Pines . Wellington
2004 RATE SCHEDULE
Professional Services
Administrative
Technical Assistant
Field Representative
CAD Technician
GIS Data Processor
Irrigation Specialist
Senior CAD Technician/Landscape Designer
Environmental ScientisVRisk Management Specialist
Technician
Project Surveyor/Landscape ArchitecVDesigner
Senior Field Representative
Project Engineer/GIS Specialist
Licensed Surveyor/Senior Project Engineer
Survey Field Party (Portal to Portal)
Project Manager
GIS Coordinator
Senior Project Manager
GPS Field Party (Portal to Portal)
Principal/Senior Consultant
Expert Witness
Senior Principal
In-house Reimbursable Expenses
Courier Zone 1 (0 - 30 Miles)
Courier Zone 2 (31 - 60 Miles)
Courier Zone 3 (61 - 75 Miles)
Mileage (per mile)
Copies (::;; 11 "x17")
Color Copies (::;; 8W' x 11 ")
Color Copies (::;; 11 II x 17")
Blueprints (::;; 24"x36")
Mylars (~ 24"x36")
Postage
Vellums (~ 24"x36")
Fax Transmissions
Official Record Docs
Out-of-Pocket Expenses
NOTE: These rates are subject to change after January 1 J 2005
Page 2 of2
.
Winter Park
Hourlv Rate
$ 45
$ 55
$ 60
$ 65
$ 75
$ 75
$ 75
$ 75
$ 80
$ 95
$ 95
$ 95
$100
$105
$115
$140
$145
$185
$200
$250
$275
Rate
$ 20
$ 40
$ 50
$0.39
$0.15
$1.00
$2.00
$2.20
$7.00
$0.37
$5.50
$1.00
$1.00
Cost + 15%
Initial; MLA~lient:-t#f