HomeMy WebLinkAboutReso 2011-1701
RESOLUTION NO. 2011 - ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT
WITH LIVS ASSOCIATES FOR PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES FOR THE DESIGN
OF A KAYAK AND CANOE RENTAL SITE AT BELLA VISTA BAY
PARK, IN AN AMOUNT NOT TO EXCEED THIRTY -FOUR
THOUSAND SEVEN HUNDRED SEVENTY-ONE DOLLARS
($34,771.00), ATTACHED HERETO AS EXHIBIT "A";
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 kayak and canoe rental
site at Bella Vista Bay Park; and
WHEREAS, the City is now in need of architectural and engineering services to design
the Kayak and Canoe Rental Site; and
WHEREAS, in response to RFQ No. 10-04-01 and Resolution No. 2010-1583, the City
qualified and ranked LIVS 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 LIVS 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 LIVS Associates to
provide professional Architectural/Engineering services for the design of a Kayak and Canoe
Rental site at Bella Vista Bay Park; and
WHEREAS, LIVS Associates is qualified, willing and able to provide said services and
has submitted a proposal for professional services, in the amount of Thirty-Four Thousand Seven
Hundred Seventy-One Dollars ($34,771.00), 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. Ratifying Approval of Agreement. The Agreement with LIVS Associates to
provide professional Architectural/Engineering services for the design of a Kayak and Canoe
Rental site at Bella Vista Bay Park, attached hereto as Exhibit "A", in a total amount not to
exceed Thirty-Four Thousand Seven Hundred Seventy-One Dollars ($34,771.00), be and the
same, is hereby ratified.
R2011- L1VS Assoc Design Kayak-Canoe Rental Site Bella Vista Pk
Page I of2
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21 st day of April 2011.
,ATTEST:
c&A~
Jane A. Hines"CMC, City Clerk
. \
,
Moved by:
Co~ SL\-!tLL
~~ PrrU~JV
Seconded by:
V ofe: 6-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
v (Yes)
--1L(Y es)
---.1L (Yes)
:;(Y es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R20ll- L1VS Assoc Design Kayak-Canoe Rental Site Bella Vista Pk
Page 2 of2
CITY OF SUNNY ISLES BEACH
CONSUL TING AGREEMENT WITH
LIVS ASSOCIATES
CONTRACT NO. CIOII-037
At THIS SERVICE AGREEMENT ("Agreement") entered into this u'ifay of
(2.-\ \; , 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter
referred as to "City"), a municipal corporation of the State of Florida, and, LIVS ASSOCIATES
authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose
Federal J.D. # is C;;,~ "'2-$"1 '5'"S-~o
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 Thirty-Four Thousand Seven Hundred Seventy-One Dollars ($34,771.00) to provide
professional ArchitecturallEngineering services for the design of a Kayak and Canoe Rental site at
Bella Vista Park; and
WHEREAS, the Consultant 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.
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
Exhibit "A"
SIB
CIOII-037 LIVS ASSOCIATES AGREEMENT BELLA VISTA PARK
Page I of9
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 45 (Fourt-Five) days thereafter. 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.
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.
S\B
C0910-055 L1VS ASSOCIATES AGREEMENT
PaQe 2 of9
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 forty-five
(45) 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
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
S\B
C091O-055 L1VS ASSOCIATES AGREEMENT
PaQe 3 of9
"
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
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
S\B
C0910-055 L1VS ASSOCIATES AGREEMENT
PRltP 4 of Q
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
and the City shall compensate the Consultant for all services satisfactorily performed prior to
the date of termination, as provided in Paragraph 4 herein.
(ii). Notwithstanding the foregoing, the Consultant shall not be relieved 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 A(i) and
(ii) above shall be applicable hereunder.
'S I B
C0910-055 L1VS ASSOCIATES AGREEMENT
Pilll"P 'i of Q
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
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: Jorge Vera With a copy to:
Acting 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. I. A. 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
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
SIB
C091O-055 L1VS ASSOCIATES AGREEMENT
Page (i of9
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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. 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.
17. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE (3) years.
18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil
Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as
amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because of
race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take affirmative
action to insure that all employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by
the City setting forth the provisions of this non-discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against
the handicapped in any Federally assisted program.
19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of
Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set
forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the Services. The
Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not
SIB
C0910-055 L1VS ASSOCIATES AGREEMENT
PaQe 70f9
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
20. 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.
F. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
LIVS ASSOCIATES
~.JDJ2.ey ~1l2-0
Print Name
WITNESSES:
~a~.---
Slg re
J.~A{2o A. CABE%o/'J
Print Name
SIB
C0910-055 L1VS ASSOCIATES AGREEMENT
PaQe 8 of9
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST
CITY OF SUNNY ISLES BEACH
By~IA~
Jane Hines, CMC, City Clerk
~~
,
SIB
C0910-055 L1VS ASSOCIATES AGREEMENT
Page 9 of9
~)~
~~8DllUO~
AAP000384
El0004134
lony rosobol a.Lo.
LHD Af
orrRilulural prindpal
hecla, \. vergara p.e,
engineering principal
corlo\ a. alvarn p,e,
'nglneerlng p'iOllpol
jllltllJl(\ . lhtdNtlWH,
""'nr . ,"IBlOI OIIIGH
2\2\ rOOl' d, leon Blvd
luile 6\0
(alai Gobi", florid. 33134
1 305,443.2933 f 301-44B.3148
... w I j V 5 . n e I
September 8, 2010
Mr. Rick Conner
City of SlIlUlY Isles Beach
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re:
Proposal to provide professional Architectural/Engineering services for the
design of Bella Vista Kayak and Canoe Rental Park
City of Sunny Isles Beach, Florida
Dear Mr. Conner:
LIVS Associates is pleased to submit om proposal to provide professional, Architectural and
Engineering services for the above referenced task as follows:
I. SCOPE OF SERVICES
The scope of services tmder this proposal consists of providing design, construction documents,
and construction administration for the Bella Vista Kayak and Canoe Rental Park. The design shall
be based on the approved concept sketches submitted and approved by the city of August 3, 2010.
For the pmpose of this proposal, the following statements and assumptions are made with respect
to the work required as well as the scope of services involved:
CiviVStructural
· The existing wooden shelter will be demolished and two identical ones will
be erected in its place.
· Conduct search of existing utilities records and "As-Built" drawings within
the project area.
· Design of on-site paving, grading and drainage.
· Design of water serviccs COlUlcction to includc new water meter and
irrigation back flow preventer.
· Meet with water department to obtain points of cOlUlection and new water
service agreement.
· Design of structural elements and preparation of stmctural calculations for
the following:
.
Wooden canopy stmctures
Canopy foundations
Concrete pad for pre-fab guard booth.
Concrete steps and handicap ramp
SIB
.
.
.
ATTACHMENT "A"
August 19, 2010
Rick Conner
City of Sunny Isles Beach - Bella Vista
Page 3 of3
· Concrete canoe ramp and water access steps
· Miscellaneous walls and structures
Landscape Architecture
· Provide Landscape planting plans with details and specifications.
· Hardscape layout plans showing new paver walkways.
. Landscape lighting plans
. Irrigation plans with details and specifications
Electrical
· Electrical design for general lighting as well as service for prefab-structure
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 pemrit, 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 (RFl'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. This phase will be billed on an hourly basis as requested by the City
of Sunny Isles Beach per our agreement.
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 0[$34,771 (Thirty four thousand
seven hundred and seventy on~). This fee will be divided ac; follows:
Basic Services
. A. Construction Document Phase
TOTAL
Percentage of Fee*
100%
100%
Amount
$ 34,771.00
$ 34,771.00
SIB
August 19, 2010
Rick Conner
City of Sunny Isles Beach - Bella Vista
Page 3 of 3
* Payments for basic services will 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, rolmd 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. Pel1l1it processing and/or expediting.
4. Any other selvices not specifically included under Sections I & II.
Iv. OWNER RESPONSffiILITIES
A. INFORMATION, DATA, & DOCUMENTATION
The Client shall be responsible for providing information, data, and documentation on
existing site conditions, which may be necessary and relevant for completion of this
project, including, but not limited to:
1. Sea Grass study if requested by DERM or the Corps of Engineers (approx. $2,000.00)
2. Boundary sLllveys with utilities and topography.
3. Percolation tests and soil bOlings with foundation recommendations.
We thank you for requesting tins proposal and appreciate the opportunity to render our
selvices. We look forward to hearing fl'om you.
Sincerely,
F ARlim
~~ I B
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:
Giovanni Batista, Public Works Director
DATE:
4/21/2011
RE:
Ratification of an Agreement with LlVS Associates for Professional
Architectural and Engineering Services for improvements to the Bella
Vista Bay Park
RECOMMENDATION:
Staff recommends the ratification of the agreement with LIVS Associates in an amount
not to exceed $34,771.00 for design services for improvements to the Bella Vista Bay
Park.
REASONS:
The City purchased the 1 acre parcel with access to the Intracoastal Waterway through a
competitive grant which was received based on proposed improvements to the park. The
design proposed for the park will include an expanded and upgraded pavillion area,
improved green space, paved walkways, a concession area, drainage and site lighting.
ATTACHMENTS:
. Resolution
. LIVS Agreement
Date
http://sibagenda. sibfl.net/agenda/Preview .aspx?1 temlD=4 79&MeetingID=
Agenda Item ~ 0 C~
~ll