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HomeMy WebLinkAboutReso 2010-1612 RESOLUTION NO. 2010 - I ~ 12..- 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 A NEIGHBORHOOD PARK IN GOLDEN SHORES, IN AN AMOUNT NOT TO EXCEED TWENTY - TWO THOUSAND DOLLARS ($22,000.00), ATTACHED 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 THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has authorized the design of a neighborhood park in Golden Shores; and WHEREAS, the City is now in need of architectural and engineering services to design the neighborhood park in Golden Shores; and WHEREAS, in response to RFQ No. 10-04-01 and Resolution No. 2010-1583, the City qualified and ranked LlVS Associates for the purpose of providing on-call general engineering services for various projects that may arise throughout the 2010-2011 fiscal year; and WHEREAS, in response to RFQ No. 10-04-02 and Resolution No. 2010-1584, the City further qualified and ranked LlVS Associates for the purpose of providing on-call general architectural services for various projects that may arise throughout the 2010-2011 fiscal year; and WHEREAS, the City desires to enter into an Agreement with LlVS Associates to provide design, construction documents, and construction administration for the neighborhood park in Golden Shores; and WHEREAS, LlVS Associates is qualified, willing and able to provide said services and has submitted a proposal for professional services, in the amount of Twenty-Two Thousand Dollars ($22,000.00), 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 LlVS Associates to provide design, construction documents, and construction administration for the neighborhood park in Golden Shores, attached hereto as Exhibit "A", in a total amount not to exceed Twenty-Two Thousand Dollars ($22,000.00), be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2010- LIVS Assoc Design a Park in Golden Shores Page I of2 CITY OF SUNNY ISLES BEACH CONSULTING AGREEMENT WITH LIVS ASSOCIATES CONTRACT NO. C0910-055 THIS SERVICE AGREEMENT ("Agreement") entered into this \ ,,1ay of S*~fV'.~Q... , 2010, 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 'S'1~25Iss;iO . 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 2010/2011 fiscal year as more fully described in Resolution No. 2010- 1583; and WHEREAS, in response to the City's Request for Qualifications No. 10-04-01 and Resolution No. 2010-1583, the City qualified and ranked Consultant for the purpose of providing on-call general engineering services for various projects that may arise throughout the 2010-2011 fiscal year; and WHEREAS, in response to the City's Request for Qualifications No. 10-04-02 and Resolution No. 2010-1584, 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 2010-2011 fiscal year; and WHEREAS, the City desires to enter into this Agreement with Consultant in an amount not to exceed Twenty-Two Thousand Dollars ($22,000.00) for providing design, construction documents, and construction administration for a neighborhood park in Golden Shores (the "Project"); and WHEREAS, the Consultant has submitted a proposal to provide the desired services in a total amount not to exceed Twenty-Two Thousand Dollars ($22,000.00), 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. 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. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. \.." C0910-055 LlVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 Services shall be completed by the completion date which is 120 (one hundred and twenty) days 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 9 and 10 entitled "Compliance with Law" and "Indemnification and Waiver of Liability" respectively, shall survive termination of this Agreement. 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 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 final/last 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. 2 C091O-055 LIVS ASSOCIATES AGREEMENT V I - City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. CONTRACT TIME. TIME FOR COMPLETION AND LIQUIDATED DAMAGES Upon failure of Consultant to perform all of the Services identified in this Agreement within one hundred and twenty (120) days from the execution date of this agreement, plus approved time extensions (if applicable), Consultant shall pay to the City the sum of three hundred dollars ($300.00) for each calendar day after the stated deadline plus any approved time extensions (if applicable). These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial occupancy and/or use of the project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. The City is authorized to deduct liquidated damages from monies due to Consultant for Services under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. The Consultant will not be liable for liquidated damages in situations where the delay was beyond the Consultant's reasonable control, including acts of God (i.e. fires, floods, hurricanes, earthquakes, unusually severe weather) or acts of the Contractor in performing its own independent services related to the Project. However, in order to avoid liquidated damages being assessed, the Consultant must demonstrate that 1) the event was beyond the Consultant's reasonable control; 2) the Consultant could not have prevented the event; 3) the Consultant could not overcome the effects of the event; 4) there was no fault or negligence on the part of the Consultant that contributed to the event; and 5) the event caused a delay to the overall completion of the Consultant's services under this Agreement. 6. 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 3 C0910-055 LIVS ASSOCIATES AGREEMENT t lJ' City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 7. 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. 8. 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. 4 C0910-055 LIVS ASSOCIATES AGREEMENT VI City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9. 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. 10. 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 attorney'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 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. 11. 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. 12. TERMINATION: A. Termination for Cause. If, through any cause within its 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 5 C0910-055 LIVS ASSOCIATES AGREEMENT <''\ , l ' ~ J City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 Insolvencv. 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. D. 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. 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: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue 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, A.LA. Principal LIVS Associates 2121 Ponce De Leon Boulevard Suite 610 Coral Gables, Florida 33134 Tel: (305)-443-2933 6 C0910-055 LIVS ASSOCIATES AGREEMENT n , , City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. 7 C0910-055 LIVS ASSOCIATES AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or 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 including but not limited to any attachments hereto. 8 C0910-055 LlVS ASSOCIATES AGREEMENT (l , .. . City of Sunny Isles Beach ] 8070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3] ] 3 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: LIVS ASSOCIATES: BY: JJc>>\ ~, \ . Ar1!oo'D fiD~1 AlA, Lf?eD Af7 :PriOOip~ . WITNESSES: GL QLl ATTEST 'By:r--2. A ~ ~ ~ City Clerk BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~A ,n,/\ A ~ ~ 1=7,f.. 'Hans Ottinot, C~ 9 C091O-0SS LIVS ASSOCIATES AGREEMENT ~'\ r ... ... HrOOO!S4 tony rosabal a.Lo. IHD Ar ."hit"to,.' pri.lipo' hodo! ~. vergara p.e. !l1ginuring principal ludo~ o. alvorez p.e. Hqlnufing prindpel :mIlHlU!1 . (N.i~I!l!~G rt.tlWW(i /0 1N1f~I(;1 OfSIG1t 2t?t r,nce de t..n BI,d Sui Ie 610 (or.I Gobi.., Florida 3313.1 13054432933 130H483718 www.liv),noJ ~:j EIO004134 l.~...,_"" - September 8, 2010 Mr. Rick COlmer City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Proposal to provide professional Architectural/Engineering sel'Vices for a Pocket Park in the Golden Shores residential neighborhood Cit)' of Sunny Isles Beach, Florida Dear Mr. Conner: LIVS Associates is pleased to submit our proposal to provide professional, Architectural and Engineering services for the abovc referenced task as follows: I. SCOPE OF SERVICES The scope of services under this proposal consists of providing construction documents, for a neighborhood park in Golden Shores. The design shall be based on the approved concept sketches submitted and approved by the city on July 28, 2010. For the purpose ofthis proposal, the following statements and assumptions are made with respect to the work required: II. BASIC SERVICES A. CONSTRUCTION DOCUMENTS PHASE Based on the previously approved design scheme, construction documents will be prepared which define the materials, and components for the project. The completed construction documents shall include civil, structural, landscaping, architectural, and electrical drawings as required to obtain a building permit, as well as bids from qualified contractors. No technical specification book will be provided. Project specification will be provided by way of notes of the drawings. B. CONSTRUCTION ADMINISTRATION PHASE LIVS Associates will provide services during construction to include: review of contract submittals; responses to questions (RFI's), and issuance of clarifications related to our documents. Two monthly visits will be pelformed 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 these visits LIVS Associates will review the contractor's SIB - September 8, 2010 Rick Conner City of Sunny Isles Beach - Golden Shores Park request for payments. This phase also includes a final inspection, punch list, and contractor closeout. III. FEE SCHEDULE AND 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 fee of $22,000.00 (Twenty two thousand dollars). This fee will be divided as follows: Basic Services . A. Construction Document Phase . B. Construction Admin. Phase TOTAL Percentage of Fee* 85.45% 14.55% 100% Amount $ 18,800.00 $ 3,200.00 $ 22,000.00 *Paymentsfor basic services ....I'ill be made upon work completed and made in proportion to the services pelformed in each phase so that the payments for Basic Compensation for each phase shall equal the percentages shown above of the total compensation payable. 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 shall be 3 hours including travel. 2. Professional renderings, computer models, or presentation quality 3-D renderings. 3. Pelmit processing and/or expediting. 4. Any other services not specifically included under Sections I & II. rv. OWNER RESPONSffiILITIES A. INFORMATION, DATA, & DOCUMENTATION The Client shall be responsible for providing infOlmation, data, and documentation on existing site conditions, which may be necessary and relevant for completion of this project, including, but not limited to: 1. Boundary surveys with utilities and topography. 2. Percolation tests and soil borings with foundation reconunendations. SIB . September 8, 2010 Rick Conner City of Sunny Isles Beach - Golden Shores Park We thank you for requesting this proposal and appreciate the opportunity to render our services. We look forward to hearing fi'om you. Sincerely, LIVS ASSOCIATES ~@~p Principal F AR/im SIR ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 8/27/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Suncoast Insurance Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2668 813 289-5200 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: MSA Insurance Company 11066 L I V S Associates INSURER B: XL Specialty Insurance Company 37885 2121 Ponce de Leon Blvd INSURER c: Suite 610 INSURER 0: Coral Gables, FL 33134 INSURER E: Client#. 5764 L1VSASS3 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' PJlALi~';J~fg81~~IE Pg~I~J I~XJI~6i~I,gN LTR NSR[ TYPE OF INSURANCE POLICY NUMBER LIMITS A X ~NERAL LIABILITY BPG94591 02/08/10 02/08/11 EACH OCCURRENCE $1 000 000 ~ COMMERCIAL GENERAL LIABILITY ~~~~~H?E~~~J';'?onco\ $500 000 I-- ::=J CLAIMS MADE [lSJ OCCUR MED EXP (Anyone person) $5 000 X Contractual PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 n'L AGGREAE LIMIT APnS PER: PRODUCTS - COMPIOP AGG $2 000 000 PRO- POLICY JECT LOC A X ~TOMOBILE LIABILITY BPG94591 02/08/10 02/08/11 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 I-- I-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I-- ~ HIRED AUTOS BODIL Y INJURY $ ~ NON.OWNED AUTOS (Per accidenl) I-- PROPERTY DAMAGE $ (Per accidenl) RAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~VS;r ~~~ I IOJ~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ B OTHER Professional DPR9681903 12/10/09 12/10/10 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Professional Liability is claims made and reported. City of Sunny Isles Beach is listed as an Additional Insured with regard to the Commercial General Liability and Automobile Liability policies. Waiver of Subrogation in favor of City of Sunny Isles Beach applies to all policies listed. Contractual Liability is included in the General Liability policy. CERTIFICATE HOLDER 10 D N P CANCELLATION avs or on- avment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Sunny Isles Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3.D....- DAYS WRITTEN 18070 Collins Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Sunny Isles Beach, FL 33160 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ~ED REPRESENTATIVE . rn ~c.l.., ~ ACORD 25 (2001/08) 1 of 2 #S268390/M228969 LWA @ ACORD CORPORATIONS97 B .~~ ., Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend, or alter the coverage afforded by the policies described herein. Named Insured(s): 9000 Town Center Parkway Bradenton, FL 34202 Insurer Affording Coverage (A) Commerce & Industry Ins Co (B) Illinois National Ins Co (C) Ins Co of the State of Pennsylvania (0) National Union Fire Ins Co of Pittsburgh PA (E) New Hampshire Ins Co TriNet HR Corporation Gevity HR, Ine and all its affiliates & subsidiaries* L1VS Associates (Endorsed as alternate employer) The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which the Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. Type of Insurer Policy Number State Effective Expiration Limits Insurance Date Date [iiJ we Statutory Limits Workrs' (A) 023259191 FL 07-01-2009 07-01-2010 Employers Liability Compensation Bodily Injury By Accident $ 2,000,000 Each Accident Bodily Injury By Disease $ 2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person Other: Client Number 59023 The above referenced workers' compensation policies provide statutory benefits only to the employees of the Named Insured(s) on such policies, not to the employees of any other employer. * Gevity HR, Inc; Gevity HR, LP; Gevity HR II, LP; Gevity HR m, LP; Gevity HR IV, LP; Gevity HR V, LP; Gevity HR VI, LP; Gevity HR VII, LP; Gevity HR VIII, LP; Gevity HR IX, LP; Gevity HR X, LP; Gevity HR XI, LLC; Gevity HR XII Corp.; Gevity XIV, LLC Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. Certificate Holder City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Ave Sunny Isles Beach, FL 33160-2723 .JtON'Risk. Services Northeast, Inc. AON Risk Services Northeast, Inc. Authorized Representative of AON Risk Services (866) 443-8489 Phone 09/16/2009 Date Issued 005078 .~ I n - Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner, City Manager DATE: 9/16/2010 RE: A Resolution authorizing a contract with LIVS Associates for Professional Architectural and Engineering Services for a Neighborhood Park in Golden Shores in an amount not to exceed $22,000.00. RECOMMENDATION: The staff recommends approval of this Resolution authorizing a contract with LIVS Associates to design and provide construction documents for the Golden Shores Neighborhood Park in an amount not to exceed $22,000.00. REASONS: Approval of this contract will allow us to complete the design of the Golden Shores Neighborhood Park. We have grant funds that must be spent before December 15th, so time is very much of the essence. The park will have a lovely pavillion so that parents can watch their children in comfort, and the children's area will include play equipment and swing sets. FUNDING SOURCE: The funding for this project will come from the Capital Projects Account Number 20- 600-5612. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=327 &MeetingID=O&MeetingDate=... 9/7/2010