Loading...
HomeMy WebLinkAboutReso 2008-1302 RESOLUTION NO. 2008 - 1302 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH LIVS ASSOCIATES FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE EXPANSION OF THE PELICAN COMMUNITY PARK GYMNASIUM AND RECREATION CENTER, IN AN AMOUNT NOT TO EXCEED FORTY-EIGHT THOUSAND EIGHT HUNDRED THIRTY DOLLARS ($48,830.00), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the original design for the City's Pelican Community Park, located at 18115 North Bay Road, did not include sufficient lockers rooms and storage areas; and WHEREAS, the City Commission expressed a desire to add these amenities to the Pelican Community Park, for the benefit of residents and visitors; and WHEREAS, via Resolution No. 2007-1189, the City Commission qualified and entered into an agreement with LIVS Associates to perform architectural services for the City in response to RFQ No. 07-07-02; and WHEREAS, the City is now in need of architectural and engineering services for the expansion of the Pelican Community Park Gymnasium to include locker rooms and storage areas; and WHEREAS, LIVS Associates has agreed to perform these tasks and has submitted a proposal for professional services, in the amount of Forty-Eight Thousand Eight Hundred Thirty Dollars ($48,830.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement with LIVS Associates for design, civil engineering, construction, and architectural services, for the expansion of the Pelican Community Park Gymnasium and Recreation Center, attached hereto as Exhibit "A", in a total amount not to exceed Forty-Eight Thousand Eight Hundred Thirty Dollars ($48,830.00), be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. R2008- L1VS Assoc Pelican Park Gym Locker Rms and Storage Page lof2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of July 2008. /}11mtJ,J ATTEST: ~e~~Clerk APPROVED AS TO FORM AND LEGAL SUFFlCIENCY: ~ Pf/vvVlt"17M F1~ fIans Ottinot, City Attorntr Moved by: Cc~ S:-C.HoLl... Seconded by: ,,'to. mOjOY l\t~~~ Vote: S..o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl '--(Yes) "1Yes) V(Y es) ~Yes) _(Yes) _(No) _(No) (No) _(No) _(No) R2008- L1VS Assoc Pelican Park Gym Locker RillS and Storage Page 2 of2 CITY OF SUNNY ISLES BEACH AND LIVS ASSOCIATES AGREEMENT CONTRACT NO. 0708-082 OF" sut'l ~HIS SERVICE AGREEMENT ("Agreement") entered into this .r1~y of U '~ ' 2008, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and, LIVS ASSOCIATES authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose Federal I.D. # is RECITALS WHEREAS, the City is in need of more than one Consultant to perform on-call general engineering services ("Services") for the City for various municipal projects that may arise throughout the 2007/2008 fiscal year as more fully described in Resolution No. 2007- 1187; and WHEREAS, in response to the City's Request for Qualifications No. 07-07-01 and Resolution No. 2007-1188, the City qualified and ranked Consultant for the purpose of providing on-call general engineering services for various projects that may arise throughout the 2007-2008 fiscal year; and WHEREAS, in response to the City's Request for Qualifications No. 07-07-02 and Resolution No. 2007-1189, the City further qualified and ranked Consultant for the purpose of providing on-call general architectural services for various projects that may arise throughout the 2007-2008 fiscal year; and WHEREAS, Resolution No. 2007-1187 amended the City's Fiscal Year 2007-2008 Budget to transfer Two Hundred Thousand Dollars ($200,000.00) from the Contingency Fund Contingency Account to the City's Capital Fund Consulting Services for the purposes of funding consulting services; and WHEREAS, Resolution No. 2007-1187 further provides that as the need arises for specific projects and services, the City Manager is authorized to spend up to $20,000.00 per project, based on proposals from the list of qualified preapproved consultants, with any projects over $20,000.00 requiring Commission approval; and WHEREAS, the City desires to enter into this Agreement with Consultant in an amount not to exceed Forty-Eight Thousand Eight Hundred Thirty Dollars ($48,830.00) for the design of the locker room and storage areas for the Pelican Community Park; and WHEREAS, the Consultant has submitted a proposal to provide the desired services in a total amount not to exceed Forty-Eight Thousand Eight Hundred Thirty Dollars ($48,830.00), and is qualified, willing and able to provide said services as more particularly described in Attachment "A", which is attached hereto and made a part hereof. C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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: TERMS 1. RECIT ALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Consultant agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. 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 Attachment "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 Agreement. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's finalllast billing to the City. This certifies that all services have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with 2 C070S-0S2 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 4. 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 ten (10) days written notice to Consultant. 5. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. o Professional Liability (Errors and Omissions) Insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00), per occurrence and Two Million Dollars ($2,000.000) aggregate. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida with a minimum A.M. Best's Insurance Guide rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required 3 C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured except for Professional Liability and Worker's Compensation. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. 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 TmS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 6. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City and shall be provided to the City upon request. 7. INDEPENDENT CONSULTANT RELATIONSHIP: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Consultant and the City. Consultant shall be in the relation of an independent Consultant and is to have entire charge, control and supervision of the work to be performed hereunder. 8. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") as of the date of this Agreement and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Consultant shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 9. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to the fullest extent permitted by law to indemnify and hold harmless the City, its officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attomey's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to hold harmless and indemnify the City, its officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property 4 C0708-082 LIVS ASSOCIATES AGREEMENT SIB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 10. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and the estimated completion date is six (6) months thereafter. The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Indemnification and Waiver of Liability" respectively, shall survive termination of this Agreement. 12. TERMINATION: A. Termination for Cause. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i). In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 3 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 5 C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraph 12 A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Consultant: F. Antonio Rosabal, ALA Principal LIVS Associates 2121 Ponce De Leon Boulevard Suite 610 Coral Gables, Florida 33134 Tel: (305)-443-2933 14. 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 legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 15. 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 6 C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. MISCELLANEOUS: A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement 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 understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. 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 addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 18. 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. 19. NON.DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as 7 C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, maritaVfamilial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 21. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 8 C0708-082 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: ~Le~ WITNESSES: BY: ~ru-. \ I ATTEST BY.~ A~ Jane Hines, CMC, City Clerk LIVS ASSOCIATES: f. ~h,~lv f{O~, AlA I L~DAP Principql CITY OF SUNNY ISLES BEACH MAND B C0708.082 LIVS ASSOCIATES AGREEMENT 9 S J HlOIDlIl 1IlI041H I. anloni. losaloll.i... IIl~iftc Iv,.1 'flllll,.1 hulor l. urgor. p... ugillrlliD:1 prilCip.1 "d.. a. .Iu,,, p.l. U,iIUtil! ,tiui,.1 I ------~ : i . : '. ! ~ Ii. ; '. ~ I ~ !: ; I:' : ':, I, :p~:. ~:::;J; lf~,.... d. l... 11,/. 1011.110 (DI.I ,.b:ll, F1t1i/. lllH IlI\ Hj.lll! IlIS.U1.!]U &r,m;,'r~~~;;'.>",;tm~ --l July 8, 2008 Mr, Rick Conner, Director Sunny Isles Beach Department of Public Works Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Proposal to provide professional Architectural/Engineering services for an addition to the: Pelican Community Park Gymnasium and Recreation Center 18115 North Bay Road Sunny Isles Beach, Florida 33160 Dear Mr. Conner: LIVS Associates is pleased to submit our proposal to provide professional Architectural and Engineering services for the above referenced task. This proposal is offered per your request based on our meeting of June 30, 2008. I. SCOPE OF SERVICES The scope of services under this proposal consists of providing design, construction documents, and construction administration for an addition to the facility referenced above. For the pW'pose of this proposal, the following statements and assumptions are made with respect to the work required: · Provide a male and female locker room/restroom accessible from the gymnasium '>'.ith a custodial closet. Relocate existing electric water cooler from current location adjacent to northeast gymnasium double doors to the new locker room vestibule. · Provide a storage room south of the recreation center restrooms on the first floor. Provide a rain shield on the second floor opening. S\~ ATTACHMENT "A" July 8, 2008 Rick Conner Sunny Isles Beach Public Works Page 2 of2 II. BASIC SERVICS A. SCHEMATIC DESIGN PHASE LIVS Associates will assist the client in developing a program analysis, which identifies all the components required for the project. We will present a complete layout of the design consisting offIoor plans, elevations, and other documents as required to convey the design scheme. B. CONSTRUCTION DOCUMENTS PHASE Based upon an approved design scheme, construction documents will be prepared which define the materials. components and building systems for the project. The completed construction documents shall include civil, structural. architectural, mechanical, and electrical drawings as required to obtain a building pennit, as well as bids from qualified contractors. C. CONSTRUCTION ADMINISTRATION PHASE LIVS Associates will provide services during construction to include: review of contract submittals; responses to questions (RFIs), and issuance of clarifications related to our documents. One monthly visit will be perfonned for observation of the work to assist the client in monitoring the progress of the work and compliance with the requirements of the contract documents. During this visit LIVS Associates will review the contractor's request for payments. This phase also includes a final inspection, punch list, and contract closeout. Additional visits beyond those stipulated above \~1l be perfonned as an additional service (Refer to Section III-B). m. FEE SCHEDULE Mrn PAYMENT A. BASIC SERVICES LIVS will provide professional services for the above referenced project, consisting of the scope and basic services previously outlined for the stipulated fee of $48,830.00 (forty eight thousand, eight-hundred and thirty). This fee will be divided as follows: Basic Services Percentage of Fee* Amount · A. Schematic Design Phase 20% $ 9,766.00 · B. Construction Document Phase 65% $31,740.00 · C. Construction Admin. Phase 15% $ 7,324.00 TOTAL 100% $ 48,830.00 '" Paymenrs for basic services will be made upon work completed and made in proportion to the services performed in each phase so that the payments for Basic Compensationfor each phase shall equal/he percentages shown above of the total compensation payable. SIB July 8, 2008 Rick Conner Sunny Isles Beach P\lblic Works Page 3 of3 B. ADDITIONAL SERVICES LIVS shall provide additional services beyond the scope previously outlined and beyond the stipulated fees as authorized in writing by the client. These services shall be a based on the hourly rates included in our General Architectural Services Agreement. These services include, but are not limited to the following: 1. Field representation due to changes in design, scope of work, or unforeseen conditions. Mileage shall be reimbursed at a rate of .60 cents per mile, round trip. The minimum time billed for each visit shaH be 3 hours including travel. 2. Professional renderings, computer models, or 3-D renderings. 3. Permit processing and/or expediting. 4. Any other services not specifically included under Sections I & II. IV. OWNER RESPONSffill1TIES A. INFORMATION, DATA, & DOCUMENTATION The Client shall be responsible for providing infoffi1ation, data, and documentation on existing site and building conditions, which may be necessary and relevant for completion of this project, including, but not limited to: 1. Building as-built documents depicting existing building systems and components. This information is prefened in electronic format (AutoCAD). 2. Surveys of property. 3. Geoteclmical reports, soil borings and percolation tests. We thank you for requesting this proposal and appreciate the opportunity to render our services. We look forward to hearing ii'om you. Sincerely, OA~SOCIATES -=----A! .. F. ALonio Rosabal, AIA, LEED@ AP Principal F AR/im SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk October 10, 2008 F. Antonio Rosabal, AlA, Principal LIVS Associates 2121 Ponce De Leon Boulevard, Suite 610 Coral Gables, Florida 33134 Re: Pelican Park Gymnasium Expansion Services Agreement Dear Mr. Rosabal: At its regular meeting of July 17,2008, the City Commission adopted Resolution No. 2008-1302, which approved the above-referenced architectural and engineering services agreement. Enclosed are a fully-executed original agreement and a copy of the approving resolution for your files. Thank you. ~:m:lJJ~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) LIVS - Pelican Park Expansion Services Agrmt Exec Ltr