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Home My WebLink AboutReso 2007-1080 RESOLUTION NO. 2007- J.Q..W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO AGREEMENT WITH MILLER LEGG & ASSOCIATES, FOR CONSTRUCTION OBSERVATION SERVICES RELATING TO THE 181sT DRIVE ACTIVE PARK PROJECT, BASED ON AN HOURLY RATE AND IN A TOTAL AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), AS OUTLINED IN EXHIBIT "A", ATTACHED HERETO; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. and WHEREAS, the City owns 2.0 acres of park land at North Bay Road and 18151 Drive; WHEREAS, on February 19, 2004, via Resolution No. 2004-635, the City Commission approved an agreement with Miller Legg and Associates for the redesign of the 18151 Drive Active Park, in the amount of Two Hundred Eighty-Eight Thousand Two Hundred Twenty Dollars ($288,220.00), based upon the conceptual plans submitted by Miller Legg and modified by the City Commission; and WHEREAS, on September 21, 2006, via Resolution 2006-986, the City Commission approved Change Order No.1, in the amount of Thirty-Three Thousand Five Hundred Dollars ($33,500.00), for certain changes requested by the Miami-Dade Fire Rescue on the final construction drawings; and WHEREAS, Miller Legg and Associates have modified the agreement for the Construction Observation phase including the review of non-extraordinary substitution requests by Contractor as a potential cost-savings measure due to increases in the cost of materials from storm activity last fall; and WHEREAS, Miller Legg and Associates has submitted Service Agreement No. 7 for Construction Observation Services Extension, and City staff has reviewed said agreement, and the City Commission now wishes to enter into a professional services agreement with Miller, Legg and Associates, based on an hourly rate and in a total amount not to exceed Seventy-Five Thousand Dollars ($75,000.00), as outlined in Exhibit "A", attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Aporoval of First Amendment to Agreement. The First Amendment to Agreement with Miller, Legg, and Associates, for Construction Observation Services for the 18151 Drive Active Park Project, based on an hourly rate and in a total amount not to exceed R2007- Miller Legg Active Park Modify Agrnt Seventy-Five Thousand Dollars ($75,000.00), as outlined in Exhibit "A", attached hereto, be, and the same is hereby approved. Section 2. Authorization of Mavor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization ofCitv Manager. The City Manager is hereby authorized to do all things necessary to effectuate said Agreement. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19th day of April 2007. ATTEST: ~J ~l~'~ Jane A. Hines, CM , CitY Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: ~~T6l...(tSIM Seconded by: Ce~ €> 'R. 't:Z...1V Vote: 4---0-\ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman -I\b5~ Commissioner Iglesias ~(Yes) _/..{Yes) _vtYcs) _(Yes) ~es) (No) _(No) _(No) (No) (No) R2002.MilJer, Legg & Associates 2 CITY OF SUNNY ISLES BEACH FmST AMENDMENT TO MILLER LEGG & ASSOCIATES, INC. CONSULTANT SERVICES AGREEMENT OATED FEBRUARY 19,2004 CONTRACT NO.: C0607-062 THIS AMENDMENT is made and entered into this Iq~ay of Avril 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and MILLER LEGG & ASSOCIATES, INC., a Florida corporation located at 1800 North Douglas Road, Suite 200, Pembroke Pines, Florida 33024, (hereinafter referred to as "Consultant"). WHEREAS, pursuant to Resolution No. 2001-374, adopted on September 20,2001, the City Commission approved an agreement with Consultant to perform Landscape Architectural Services for the Active Park; and WHEREAS, subsequently on February 19, 2004, the City Commission adopted Resolution No. 2004-635 and approved an agreement with Consultant for the redesign of the 181 st Drive Active Park, in the amount of Two Hundred Eighty-Eight Thousand Two Hundred Twenty Dollars ($288,220.00), a copy of these two agreements are attached hereto and made a part hereof as Composite Attachment "[3"; and WHEREAS, the Consultant has submitted a request for additional services: Additional Service Agreemcnt No. 7 - Construction Observation Extcnsion, to perform review of non- extraordinary substitution services as a potcntial cost saving measure, a copy of which is attached hereto and made a part hereof as Attachment "A", for a total fee not to cxceed Seventy- Five Thousand Dollars ($75,000.00). NOW THEREFORE, in consideration of the premises and thc mutual covcnants herein stated, the parties hcreto agree as set forth below: 1. AMENDMENT TO SCOPE OF SERVICES. Section 2 of the Miller Legg & Associates, Inc. Consultant Services Agreement titled "181" Drive Active Park 'Project' Consultant Serviccs Agreement Contract No. 04-98852-01" adopted on February 19, 2004 is amended as follows: 2. SERVICES TO BE PERFORMED. Consultant shall perform the following services: d. A Construction Observation phase including the review of non-extraordinary substitution requests by Consultant as a potcntial cost-savings measure due to increases in the cost of materials from storm activity in 2006 and in accordance with the schedulc of charges reflected in Attachment "A" of the I st Amendment to this Agreement. 2. REMAINING TERMS. All other terms and prOVISions of the Miller Legg & Associates, Inc. Consultant Services Agreement dated February 19, 2004 shall remain in full force and effect. Any modification of this Agreement shall be effective only if in writing and C0607~062 First Amendment to Consulting ^gr~cmcnt S i I:~ , 5 City of Sunny Isles Beach 18070 Collins A venue. Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 by the party granting such waiver. In the event of any conflict between the terms of this Agreement and any other agreement, this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto havc executed this Agreement in triplicate on the day and year first written above. WITNESS: By: Print Name: Print Name: ATTEST: BY:~ ~L Jane A. Hines, CMC, City Clerk C0607-062 First Amendment to Consulting Agreement 2 (\ \ n, ~1 t~ MtttE~EG-G RECEIVED April 1 0, 2007 APR 1 2 2007 Mr. John Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 City 01 Sunny 1.1es Efaach Olffc. 01 Ih. City Mansg., Re: 181st Drive Active Park Miller Legg Project No.: 01-14122 Additional Service Agreement No. 7 - Construction Observation Services Extension Dear Mr. Szerlag: Per our March 6, 2007 meeting and a follow up meeting with Rick Conner and Jorge Vera, we are resubmitting this Additional Service Agreement to request additional funding for the Construction Observation phase of the above-referenced project. This agreement includes services to be completed by Miller Legg and our subconsultants. The attached scope of services includes the review of non-extraordinary substitution requests by the Contractor. Although these substitution requests were to be made officially during the bid process, the Contractor is now requesting substitutions be made as a potential cost-savings measure due to increases in the cost of materials from storm activity last fall. Upon your review, please sign the two (2) attached Agreements and initial each sheet where indicated and return both originals for Miller Legg's execution. Should you have any questions, please do not hesitate to contact me at (954) 436-7000, Ext. 258 or rrollins@m illerle~~.com. er trUIYY~ onald B. Rollins, R.LA Landscape Architecture RBR/rr/ch/MDK~ Attachment V:\Twp-Rng-Sec\52.42-11\114122\DOCS\ContraclsiAS-AgreeiASA NO. 7rev . Construction Observation extension 4.1 a.Ol.doc IMP R 0 V I N G COM M U NIT I E S. eRE A TIN G EN V I RON MEN T S. South Florida Office: 1800 N Douglas Raad . Suite 200' Pembroke Pines, Florida' 33024-3200 (954) 436-7000' Fax: (954) 436-8664 www.millerlegg.com SIB Attachment nAil _._---~~.__.._--_.------_._--------_._-..-.__..~._~-~-._--,-~--_.,-_...__.._-----_._~._--.---~'-~--'--"."--~'-~--'--~"'--'-~'-'-'.- AGREEMENT FOR PROFESSIONAL SERVICES Client: City of Sunny Isles Beach Client Contact: Jorge Vera Assistant City Manager Address: Same Address: 18070 Collins Avenue Sunny Isles Beach, FL 33160 April 10, 2007 Project No: 01-14122 T: 52 R: 42 S: 11 Date: Project Name and Locatian: 181" Drive Active Park Project Additional Service Agreement NO.7 - Construction Observation Extension Description of Services to be Provided: See Exhibit A - Pages 1-3 Fee: Lump Sum of $0.00 And Hourly (Not -to-Exceed) per the $75,000.00 attached Rate Schedule Retainer: (Payable upon execution of this Agreement) N/A Special Conditions: Hourly Tasks will employ the current attached Rate Schedule. The undersigned agree that these Additianal Services shall be in compliance with the Agreement, General Conditions and Special Provisions dated September 29, 2001. Any additional requested services will be addressed in a separate agreement. Date: 4/lklo.L Miller, Legg & Associates, Inc. d/b/a Miller Legg (Consultant) Date: Signature _Michael D. Kroll, RLA, Vice President Printed NamelTitle John Szerlag, City Printed NamelTitle RBR/rr/ch Attachments: Rate Schedule Exhibit A - Scope of Services V:\Twp-Rng-Sec\52-42-11\114122\DOCS\Contracts\AS-Agree\ASA NO.7rev - Construction Observation extension 4.1Q.Q7.doc SlB lof3 ", ---.-.--.-- "~",,,,,. 2007-RATE-SCHEDULE Professional Services Administrative Assistant/Technical Assistant Project Administrator CAD Operator Technician Senior Technician Technical Specialist Senior Technical Specialist I Senior Technical Specialist II Designer Senior Designer I Senior Designer II Construction Specialist Senior Construction Specialist I Senior Construction Specialist II Engineer I Engineer II Engineer III Senior Engineer Biologist I Biologist II Project Biologist Senior Biologist Environmental Scientist Senior Environmental Scientist Landscape Designer I Landscape Designer II Senior Landscape Designer I Senior Landscape Designer II Landscape Architect II Planner I Landscape Architect II/Planner II Project Landscape Architect/Project Planner Senior Landscape Architect/Senior Planner Surveyor I Surveyor II Surveyor III Senior Surveyor 2-Person Survey Crew 3-Person Survey Crew 4-Person Survey Crew 2-Person Senior Survey Crew 3-Person Senior Survey Crew GIS Specialist Senior GIS Specialist I Senior GIS Specialist II Senior GIS Specialist III GIS Coordinator Director Principal Senior Principal Expert Witness Project No: 01-14122 20f3 Hourly Rate $ 55 $ 75 $ 60 $ 70 $ 80 $ 95 $ 105 $ 115 $ 100 $ 110 $ 140 $ 100 $ 115 $ 150 $ 110 $ 125 $ 170 $ 195 $ 80 $ 90 $ 115 $ 145 $ 100 $ 150 $ 85 $ 90 $ 95 $ 100 $ 105 $ 110 $ 130 $ 160 $ 90 $ 100 $ 110 $ 150 $ 135 $ 165 $ 195 $ 145 $ 175 $ 95 $ 105 $ 120 $ 140 $ 160 $ 200 $ 230 $ 300 SIB $ 300 ~_______II~~~I M=_____ Clicnl~______ "'~?""". In-house ReimbursableExpenses Courier Zone 1 (0 - 30 Miles) Courier Zone 2 (31 - 60 Miles) Courier Zone 3 (61 - 75 Miles) Mileage (per mile) Color Copies (<8 1/2" X 11 ") (per copy) Color Copies (<11" X 17") (per copy) Slackline Prints (<24" X 36") (per sheet) Mylars (<24" X 36") (per sheet) Vellums (<24" X 36") (per sheet) Official Record Docs (per page) Copies Postage Fax Transmissions Rate $ 25.00 $ 50.00 $ 60.00 $ 0.56 $ 1.00 $ 2.00 $ 2.20 $ 7.00 $ 5.50 $ 1.00 . , Out-of-Pocket Expenses Cost + 15% 'Charges for monthly copies, fax transmissions, postage, and long distance will be the greater of 0.5% of invoice amount or $25.00. NOTE: These rates are subject to change after September 30,2007. At that time they can be renegotiated by mutual consent, but shall not increase by more than 3%. 2007 SUBCONSUL T ANTS RATE SCHEDULE Professional Services Principal Construction Manager Technical Staff Hourly Rate $ 200.00 $ 150.00 $ 95.00 NOTE: These rates are subject to change after September 30, 2007. At that time they can be renegotiated by mutual consent, but shall not increase by more than 3%. SIB PrOject No: 01-14122 30f3 Initial: ML: Clicnt:__ ~ ~\ ;P ----~._-------_.._--_._..._._.__.__._._-_.._. ..-.--..-.------.--..---.- "~"" Project No: 01-14122 EXHIBIT A - SCOPE OF SERVICES 1815t Drive Active Park Project Additional Service No.7 - Construction Observation Services Extension 1.0 PROJECT DESCRIPTION The Project is generally described as follows: Consultant shall continue providing Construction Observation Services for the :t2-acre park known as the 18151 Drive Active Park project in Sunny Isles Beach in Dade County, Florida (the "Project"). 2.0 BASIS OF SCOPE . Outstanding invoices (January 31, 2007 and February 28, 2007) for Services provided under the current contract and per previous approval from Jorge Vera, Assistant City Manager, will be paid per the agreement general conditions. The construction observation services will be for construction activities under the current design. Design modifications or revisions may require additional design and/or constructian observation tasks and fees. The term for these construction observation services will cover the period from March 1, 2007 through September 30, 2007. Construction observation services required beyond this term can be provided as an additional service. Consultant's invoices for the construction observation services will be submitted to Jorge Vera, Assistant City Manager with a copy to Sabrina Baglieri, the City Program Manager Consultant. 3.0 SCOPE OF ADDITIONAL SERVICES AND FEE The scope for this additional services agreement to be provided by Consultant is as follows: Task 1. Site/Engineering Construction Observation Services - Consultant shall continue providing Construction Observation Services in accordance with the original agreement: a. Provide general observation of the site work, b. Review contractor pay requests and change orders, c. Review shop drawings of specified items per plans, Page 1 of 2 Initial: ML: Client: SIB Project No: 01-14122 d. Response to Contractor's RFI's e. Response to Contractor's substitution requests The fee for this task will be on an hourly basis and is not to exceed $35,000.00 without written authorization by the Client, and shall cover all costs through September 30th. FEE: Hourly per the attached Rate Schedule. Task 2. Architectural Construction Observation Services - Consultant shall continue providing Construction Observation Services for the buildings in accordance with the original agreement: a. Provide general observation of the building-related construction, b. Review Contractor pay requests and change orders relating to the architectural elements, c. Review shop drawings of architecturally specified items per plans, d. Response to Contractor's RFI's relating to the buildings, e. Review services will include MEP and structural sub-consultants. f. Response to Contractor's substitution requests The fee for this task will be on an hourly basis and is not to exceed $40,000.00 without written authorization by the Client, and shall cover all costs through September 30th FEE: Hourly per the attached Rate Schedule. ASA #7 FEE SUMMARY Lump Sum Hourly Task Description Fee Task 1 Site/Engineering Construction $0.00 $35,000.00 Observation Task 2 Architectural Construction Observation $0,00 $40,000.00 TOTAL $0.00 $75,000.00 Page 2 of 2 Initial: ML: Client: SIB CITY OF SUNNY ISLES BEACH 181s. DRIVE ACTIVE PARK "PROJECT" CONSULTANT SERVICES AGREEMENT CONTRACT NO. 04-~-O//i7L/-l THIS CONSULTANT AGREEMENT made and entered into this ICj'/I... 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 C?S ..0S ~~4(;1 . WHEREAS, Consultant is a qualified consultant finn; 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 181". 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 condi tions 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 181". 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 andl'Eighty-Eight Thousand, Two Hundred and Twenty Dollars ($288,220.00) payable: ri ~onthly 0 as invoiced. Compos Ite Mtt ' s.s I B~ .vi Attachment BIB ova ~ 181$\ Drive Active Park ProjcctIMillcr Legg Attorneyl Agrccmcntsljb City ofSUlI/IY Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 I3 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 execntion, 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. Pavment 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. Availabilitv 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 expcnses 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. Upon termination, the City may re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed condi tions. 2 M'lJ S, ~)\\~ Miller, Legg & Associales Consultant Agreement Attorney! Agrecmentsljb City of S"""y Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606phone (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 perfonning 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 detennines 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 perfonned 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: o Comprehensive General liability insurance -- including broad fonn 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. o 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. o 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 thc 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 tbis Agreement is performed, and at any time upon request, Consultant sball furnisb to the City certificates of insurance evidencing tbe minimum required coverage and sball 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 fOlms and issued by insurance companies acceptable to the City's Risk Management 3 Met 51 Bc:)\~ ,. Miller, Legg & Associates Consultant Agreement AUomey/Agreementsljb City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305)947~0606phone (305)949:311Hax 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 rrom 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 EOUlPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are iniended 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 supplicd 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 I 19, 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 rrom the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in cOlUlection 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 4 MilleT, Legg & Associates Consultant Agreement Attorney! Agreementsljb SIL~18 ~ City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305)947;0606phone (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 (I 0) 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[sJ) 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. ll. 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 Citv. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant 5 Miller, Legg & Associates Consultant Agreement Attorney/Agreementsljb SIB, nM?t :) I B~ City of Sunny Isles Beac/r 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. c. Termination for Inso1vencv. 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 Cbristopber 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 Cbristopber 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 witbout authorization by Christopber J. Russo, City Manager, shall be considered unautborized and sball not be compensated/paid by the City. 16. ARBITRATION. lt 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. 6 SIB ~ SIBtyv'Y Miller. Lcgg & Associates Consultant Agreement Attomey/Agrcements/jb City of SUI/I/Y 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 thc parties or, if neither party prevails on the whole, each party shall be rcsponsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by thc court on confirmation. 17. 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 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 addiiion 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 ]2086. 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, maritallfamily 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. 7 Miller, Legg & Associates CQnsuhant AgreemcnI Attorney! Agreernentsljb S",1~8 ~ City of SU/I/lY Isles Beach 17070 Collins Avenue, Suite 250, SUIUlY Isles Beacb, 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 V.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 2-1 I.I, 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 of the 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. 8 Miller, Legg & Associates Consultant Agreement Attomeyl Agreemcnlsljb ~~ SA B) ,,(,N ,) I U 'ifill City of Sunny Isles Beach ]7070 Collins Avenue. Suite 250, Swmy Isles Beach, Florida 33160 (305)947:b606phone (305)949:3] 13 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 by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agr.eement In duplicate on the day and year first written above. c. ATTEST: CITY OF SUNNY ISLES BEACH C'B~~':~ll~ Jane A. Hine~, City Clerk .,' APPROVED AS TO FORM AND LEGAL SUFFICIENCY " CJ_ ':~I \ l; , City Attorney 9 ~lIiJ SIB~ Miller, Legg & Associates Consuhant Agreement Atlorney/Agreemenlsljb EXHIBIT A - SCOPE OF SERVICES 1810' 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 1815t 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 1815' 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 SIB MLA:~client:C' I n A'oM v I ....... l1t~rj Initial: As requested by the Client, Consultant shall incoqJorate 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 lee 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, iandscape plan, lighting plan, preliminary Page 2 of 11 Initial: MLA\~ Client: ~ ~,\ '0 Task 2. Task 3. engineering and architectural plans. New 50%, 90%, and 100% subrTiillal sets will-be disiributed-for review bY-the Client. Consultant shall allend the following regularly scheduled meetings: 1. Two (2) review submillal 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% submillals 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 allached Rate Schedule. Calculated Site Plan A. Preparation - Consultant shall revise the previously submilled 100% submillal 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 allached 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:nCH.enl:.~ ~) \ v LANDSCAPE ARCHITECTURE TASKS Task 4. Tree Removal/Relocation Plans Task 5. Task 6. 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 10 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 Page 4 of 11 Initial: MLA:~Client: ~ '.")',0 Task 7. Task 8. Task 9. shall be invoiced on an hourly basis. The fee for this task is-estimated-not-to-exceed-$1 ;OOO-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 Initial: MLAn Client: ~ (,) \ u Task 10. Task 11. Task 12. meeUhe_minimum_ requirements_ of Jhe _City _otSu nny -'sles Beach for submittal ta the Client as part of the site plan package. Site lighting will include lighting of the lillle 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 submilled 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 submilled 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 submilled 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~e _ A Page 6 of 11 Initial: MLA: 1M . . Client: -.!.E r ~, 'I .) h Task 13. Task 14. Task 15. well injection system. EngineeriDg_permit aRl~lications, 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 andlor 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 oft-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-oftlon-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. Page 7 of 11 MLA:~Client:' '...' I~ Initial: 1.1 ARCHf(EP._IUfl~LIASKS Task 16. Task 17. 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 Compete floor and reflected including overall dimensions. b) ceiling plan, MLA:~Clienl:~ C: \ \1 ,) Page 8 of 11 Initial: 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 Task 18. Task 19. 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(l) 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 Page 9 of 11 MLAnJclient:~ ,/ ,') Q Initial: Task 20. Task 21. Task 22. incorporation_with_theiUront_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. Page 10 of 11 Initial: MLAtBclient: ~ oj FEE SUMMARY TASK LUMP SUM HOURLY MAXIMUM NUMBER TASK FEE NTE FEE HOURLY FEE Task 1 Site Plan Preparation and Processinn $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 Permittinn $1,200.00 $0.00 $0.00 $1,200.00 Task 6 Plantina Desian $3,000.00 $1,000.00 $0.00 $4,000.00 Task 7 Irriaation Desian $1,500.00 $300.00 $0.00 $l,BOO.OO Task 8 Little League Baseball Field $1,500.00 $0,00 $0.00 $1,500.00 Liahtina Desian Task 9 Site Liahtina Desian $1,500.00 $0.00 $Q.OO $1,500.00 , Site Amenities Desian $0.00 $0.00 $2,300.00 Task 10 $2,300.00 : Task 11 Preliminarv EnOfneerina $2,230.00 $750.00 $0.00 $2,980.00 I Conceptual Water Management $0,00 Task 12 $3,640.00 $0.00 $3,640.00 Plan Task 13 On-Site Enaineerina Revisions $4,300.00 $0.00 $0.00 $4,300.00 Task 14 Off-Site Drainacie Coordination $1,600.00 $0.00 $0.00 $1,600.00 Task 15 Off-site Enaineerina Revisions $2,300.00 $0.00 $0.00 $2,300.00 Task 16 Schematic/Desian Develooment $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 $2B,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 Preoaration Task 20 Geotechnical Investigation and $2,500.00 $0.00 $0,00 $2,500.00 Soils Ennineerina Services Task 21 Meetina Attendance .. $0.00 $5,000.00 $0.00 $5,000.00 Task 22 Recreation Sui/dina 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:\Slate\FloridalDade\Sunny Isles Beach\3968\Sunnylsles ASA #1 rev 12-26-03.doc Page 11 of 11 Initial: MLA: ~Client: /l.d. , i'-fr-'! ,) U I EXHIBIT B. i,1r:P~'~:N;;I:l':.'J":T:-:: ,f.:tt~i\J S If ~"}',o-~,'Y:':: J.' '~ :}<>:l-' f.~ "J! .:N ~t"i'f'''''''!'' A1' ~~-r II-,.",.jl ..... .!.I'~ iJi',j?;"t.,..1 ~ '~~~<''t~' .M~;{)~ir.,,~j<?,:<:~;!:.;:~ ^ A C O{I07 \ I BORRU.L1 & ASSOCIATES Archil~l.:llIrt: . Planning Landsl'.lpe Design InICri()r Design 4960 S.W. 72nd Avenue, SUlIe 408 Miami, Florida 3315S (305) 665. 8852 Orlando, Florida (4071 678. 0888 Project Schedule - Sunny Isles Beach Active Park PHASE Nolice to Proceed Schematic Design Review Notice /0 Proceed Design Development Review No/ice /0 Proceed 50% Construction Documents Review Notice /0 Proceed 90% Construction Documents Review No/ice /0 Proceed 100% Construction Documents Biddingl Award Final Completion TIME PERIOD March 1,2004 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) 2110/2004 t~ .) I fYVo ~ . J\'ll~-Offices Located In:-e-Pembroke Pines-e-Wellington-e-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 $I Drive Active Park "Projecf' :t2 acre active park located at181 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. ignature . tes, c. (COnsult.tJ ~ . Date: 71 0 each (Client) Date: 3/;0101 Michael D. Kroll, R.L.A. Vice President Printed Namerritle Christopher J. Russo/City Manager Printed NamelTitle GP~s~s Attachments: Exhibit A Page 1 012 Initial: MLA~ient:~ ..... C' \ \) j k~I!_Offices Localedln:_e_f'embroke f'ines_e_Wellington_e_Winter.f'ark rJIlt~ 2004 RATE SCHEDULE ~ ~.E-=: Professional Services Hourly Rate Administrative Technical Assistant Field Representative CAD Technician G IS 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 $ 45 $ 55 $ 60 $ 65 $ 75 $ 75 $ 75 $ 75 $ 80 $ 95 $ 95 $ 95 $100 $105 $115 $140 $145 $185 $200 $250 $275 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 (:5 11 "x 17") Color Copies (:5 8Y>" x 11 ") Color Copies (:5 11" x 17") Blueprints (:5 24 "x36") Mylars (:5 24"x36") Postage Vellums (:<; 24"x36") Fax Transmissions Official Record Docs Rate $ 20 $ 40 $ 50 $0.39 $0.15 $1.00 $2.00 $2.20 $7.00 $0.37 $5.50 $1.00 $1.00 Out-or-Pocket Expenses Cost + 15% NOTE: These rates are subject to change after January 1, 2005 Page 2 of2 Initial: MLA'IINf'V -lien!:.r#f .U..ll..{"""C I ~? .., \" ') .' E"'~.'>" . ',"" ';,.0 . , " ,"-I . ...,.';:, , . ", 's ';;~::_' : \:~::;:::::::.., CITY OF SUNNY ISLES BEACH LANDSCAPE-ARCHITECT CONSULTANT AGREEMENT ......' . THIS AGREEMENT, entered into this 2.()~1, dayof .::---;.f'.J..:....\)l.'- 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"). RECITALS 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 engineering 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: I. RECITALS. The Recitals set forth above are hereby incorparated into this agreement and made a part hereaf 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 Allachment "A", and may be extended as necessary, in writing by the parties hereto. --- --- 4. COMPENSA nON. 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 far 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 afthe City. If the City disputes any charges on the invoices, it may makc payment of the uncontested amounts and withhold payment an the contested amounts until they are resolved by agreement with Consultant. LmdscOJpr Architect - Miller lcgg Page lof6 ':J I n .' 5. INDEPENDENT CONTRACTOR- RELA TIONSHIrTheConsullant 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 consullant 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 perfonning 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 detennines 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 perfonned 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 fonn 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 tenn of contract and at least one (I) 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 fonns 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 perfonned, 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 fonns and issued by insurance companies acceptable to the City's Risk Manager. 7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consullant 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 hannless, 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 persanal, 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 ar other wrongful conduct of the l.~ndsnpt' A,rchflt'CI . MIII~r lcgg Page 20f6 (' n ,) U .. Consultant, agents or other personal entity acting under Consultant's control in connection with_ the_Consultant's-perfonnance-of-services-pursuanna-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 tennination 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 tenninate the services then remaining to be perfonned. Prior to the exercise of its option to tenninate for cause, the City shall notify the Consultant of its violation of the particular tenns of the agreement and grant Consultant ten (10) days ta cure such default. If the default remains uncured after ten (10) days the City may tenninate this agreement t (i.) In the event of tennination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultanl(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily perfonned prior to the date of tennination, as provided in Paragraph 4 herein. (ii.) 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 detennined. B. Tennination for Convenience of City. The City may. for its convenience and without cause tenninate the services then remaining to be perfonned at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The lenns of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Tennination for Insolvency. The City also reserves the right ta tenninate the remaining services to be perfonned 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. landscapr Archlltcl . Miller lcgg Page J of 6 I"\v .) ( II. TrME OF COMPLETION. The services to be rendered by the Consultant shall_be_ commenced-upon-execution-of-this-contract-and-shalrlJe 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 contral of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. W AlVER OF RIGHT TO JUR Y 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. r13. 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 jurisdictian. 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 nan-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 ecti ve attorneys' fees as may be determined by the court on confirmation. l.._.- , 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 ta that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any ~rson 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 c;quity for violating such provisions. f 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent pastage prepaid by registered or certified mail, return receipt requested and, if intended for City one to Christopber J. Russo, City Manager and one to Lynn M. Dannbeisser, City Attorney, at City of Sunny Isles Beacb, 17070 Collins Avenue, Suite 250, Sunny Isles Beacb, Florida 33160, and if intended for the Consultant, shall be addressed to Micbael D. Kroll, R. L.A., Director of Planning, Landscape Arcbitecture, Environmental & GIS Services, Miller, Legg & Associates, Inc., 1800 Nortb Douglas Road, Suite 200, Pembroke Pines, Florida 33024-3200, (954) 436-7600 Phone and (954) 436-8664 fax. 16. GOVERNTNG LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. l:mdscJpr ArchllC'cl . M IllI:r Legg Page 4 or6 .; I ~J 17. AUDIT. The Consultant shall make availableJa.the_City Of-its representative all required- financial records"associatea wiihlhe Agreement for a period of THREE (3) years. 18. NON-DlSCRlMINA TION. 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/familial status, or status with regard to public assistance. The Consultant will take affinnative action to insure that all emplayment practices are free from sllch discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment ar recruitment advertising, layoff, tennination, rates of payor other fonns 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 govemed 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 perfonnance of the services. The Consultant further covenants that in the perfonnance 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 tenns and conditions in this agreement supersede any other conflicting provisions that are contained in any other documenl. 21. ENTIRE AGREEMENT. This Agreement and AlIachment "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 saught. Landscape Archi!ecl. Miller lC'gg Page 5 of6 '\ n I ) IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and yearJirst wrillen above. WIT SSES: MILLER, LEGG & AS S, NC.: ./ BY: A~: , t f '-'(hJ C? 2')' -0 J Michael D. Kroll, . . ., Director of Planning, Landscape Architecture, Environmental & GIS Services , CJT~ISLES BEACH ~..l:BY: ~~ Christopher J. Russo, City Manager APPROVED LEGAL FORM AND BY: / Lynn r " City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Landscape Archllrcl - Miller legg Page 60f6 '"" ~) \ u 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 18151 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 :1:2 acre active park located at 18151 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. " ! "l , '.__J Proposal No. 3968 ", I 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 sJ. of conditioned space to include two (2) offices, multipurpose rooms, restrooms and storage. Also included with the facility is approximately 500 to 1,000 sJ. 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 i '-, .' I .j ( Proposal No. 3968 3.3-lnformation 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 pre'pare 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. I ':i";' ' " f.) I' - ~: l I ,'"j - " . - ., "C1 ~ J ;J;": . c '. .' ( , ,. " of'{ . . , . y .~. ..~' 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 estimat,ed 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 J ,; I d r' Proposal No. 3968 Phase 3 t Phase 4 Phase 5 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 1,0-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 c'ompletion 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 01 r) 1 {} Proposal No. 3968 / Phase 6 t'. Phase 7 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. J FEE: Lump Sum of $3,000. f'; _'" :'<1/( ,., , I 'Jt (It:> '00 I,:. ,. # ' 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 .'" " .\ \.) , , ' " Proposal No. 3968 r ~ e:----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. Phase 8 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. (J d, (Ii- 1/ f '. .~ (~- )' ( r'~~~ . Phase 9 Planting Design f 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 ? c~ , \ ',) , . " Proposal No. 3968 ( Phase 11 , '." Phase 12 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. Site lighting Design - Site lighting plans and specifications shall be prepared by Delta G Consulting Engineer's Inc., a subconsullant. 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 intemal walkways, tot-lot and multi-purpose court, but not the multi-use field or the building. The plans shall indicate pole locations and fix1ure lumens and shall include details of lighting fix1ures (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. 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 t' ~) I .. L) Proposal No. 3968 {' , 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. 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 indude 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 \:' I u' 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. 8. 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 , ! I') , ) 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"10 & 90% Construction Documents Phase: a. b. c. d. e. ,. ( f. g. h. Prepare cover, general information, indexes, and symbol sheets. Prepare floor and reflected ceiling plan. Prepare M.E.P. and Structural documents. Prepare architectural, M.E.P. and Structural outline specifications. Coordinate project with M.E.P. and Structural engineers. Prepare door schedule. Prepare an estimate of probable construction costs. 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 C I f.~.~ diU Proposal No. 3968 A. Architectural Bidding Services - Bidding Services will include Ihe preparation of or processing of any related addendum or RFI's ifrequired. ( B. Architectural Construction Administration _ Construction Administration will include the review of architectural shop drawings, responses to architectural/engineering RFI's, conduct a maximum of four (4) site visits to Occur at various times Ihroughout conslruction, inclusive of one (1) substantial completion site visiUpunch list and one (1) final completion/closeout site visiUpunch 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 t 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-buill" 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. II -, <:) \) Proposal No. 3968 r' ;, Phase 23 Meeting Attendance - ConsuUant 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:\slalelFloridalDadelSunny Isles Bead11J968l1L0181s1 Orille Actille Par1<905.doc f' ~ 12 .." .) 2001 HOURLY RATE SCHEDULE ( \ TITLE HOURl Y RA~ $ 45 $ 50 $ 60 $ 60 $ 70 $ 70 $ 75 $ 75 $ 75 $ 85 $ 85 $ 85 $ 95 $ 95 Administrative Technical Assistant CAD Technician Field Representative Senior Field Representative Technician GIS Data Processor Senior CAD Technician/Landscape Designer Environmental ScientisVRisk Management Specialist Director of Field Services Project Engineer/SurveYOr/Landscape ArchitecVDesigner /. , Regulatory Coordinator Survey Field Party (Portal 10 Portal) GIS Specialist Senior Project Engineer/Senior Environmental Scientist $ 95 Project Manager/Licensed Surveyor $100 Senior Project Manager/GIS Coordinator $125 Engineering/Planning/Surveying Director $140 GPS Field Party (Portal to Portal) $150 Principal $175 Senior Principal $215 NOTE: These rates are subjeclto change after January 1, 2002 IJ \ (' \ n ,', ( MILLER, LEGG & ASSOCIATES, INC. Standard Reimbursable Expense Rates Effective January 1, 2001 'n-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 Mytars Poslage 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 , \"6 \ City of Sunny Isles Beach ] 8070 Collins Avenue Sunny Isles Beach, Florida 33] 60 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. FAkkup. Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City AtJorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Com FROM: A. John Szerlag, City Mana r DATE: April 19, 2007 RE: Additional Service Agreement with Miller Legg for Construction Observation Services Extension; Pelican Park Project After a series of negotiations sessions with Miller, Legg & Associates relative to the Pelican Park Project, I recommend the City enter into the attached agreement for additional professional services. Succinctly, this agreement covers a Construction Observation Extension on an hourly basis not to exceed $75,000. This service is divided into two general categories; 1. Site/Engineering Construction Observation Services. 2. Architectural Construction Observation Services. Please know that we are still on scheduled to complete this facility by Fall, 2007. Funds are available in account number 20-600-5611 AJS/iw Attachment cc: Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager, Service Division Rick Conner, Engineer and Public Works Director Commission - Additional Sen~ces AgrL'e1Tlent Miller Legg For Pelican Park Memo Agenda Item ~ 0 K Y - \3 - 01 Date Cify Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net April 24, 2007 Michael D. Kroll, RLA Vice President Miller Legg & Associates, Inc. 1800 N. Douglas Road, Suite 200 Pembroke Pines, FL 33024-3200 Re: First Amendment to Miller Legg & Associates, Inc. Agreement for 181st Drive Active Park Observation Services Dear Mr. Kroll: At its regular meeting of April 19, 2007, the City Commission adopted Resolution No. 2006-1080, which approved the above-referenced Amendment. Enclosed are a copy of the approving resolution and an original agreement for your files. Thank you. Very truly yours, ~t...OO~LU~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: A. John Szerlag, City Manager (w/o enclosures) Rick Conner, Engineer and Public Works Director Anice Paul, Administrative Assistant to Finance Director Shaun S. Gelvez, Contracts Coordinator Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Miller Legg - 181 Active Park Construction Observation Ltr