2006-100 Northlake Blvd. Streetscape Phase 2RESOLUTION 2006-100
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL REDD AND ASSOCIATES FOR CONSTRUCTION ADMINISTRATION
RELATING TO PHASE TWO OF THE NORTHLAKE BOULEVARD STREETSCAPE
PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on behalf of the Northlake Boulevard Corridor Task Force, the Village wishes to
contract with Michael Redd & Associates to provide construction administration services
(bidding and field supervision) relating to phase two of the Northlake Boulevard Streetscape
Project, based on plans previously prepared by Michael Redd & Associates, as modified.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The Village Council hereby approves the Professional Service Agreement with
Michael Redd and Associates for construction administration services relating to phase two of
the Northlake Boulevard Streetscape Project, including exhibits, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by reference.
Section 2. The Village Council authorizes the Mayor and Village Clerk to execute such
agreement on behalf of the Village and the Northlake Boulevard Corridor Task Force, of which
the Village is a member.
Section 3. Funding for costs associated with this Agreement has been approved and shall be
provided to the Village by the Northlake Boulevard Task Force.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 30~' DAY OF NO
(Village Seai)
ATTEST:
Village Clerk
PROFESSIONAL SERVICE AGREEMENT
Phase 1: So:ithwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006 ~ ~--~~ REDD
August 18, 2006
PROFESSIONAL SERVICE AGREEMENT
PHASE 2: SOUTHWIND DRIVE TO PROSPERITY FARMS ROAD
Mark Bates, Village Manager
Village of North Palm Beach
501 U. S. Highway One
North Palm Beach, FL 33408
Re: Northlake Boulevard Construction: Phase 2
Administration 8~ Supervision
Job# 06.051
Dear Mr. Bates:
We appreciate the opportunity to continue working with the Northlake Boulevard Corridor Task Force
as your Professional Design Consultants for the Northlake Boulevard Construction Administration.
(Bidding Process & Field Supervision) This agreement covers the Phase 2 project area, the right-of-way
of Northlake Blvd. from Southwind Drive to Prosperity Farms Road, encompassing approximately 2,900
linear feet of streetscape. All work will be based on the completed construction drawings as prepared by
Michael Redd & Associates, P.A, and modified by governmental and utility agencies as well as public
comments.
The attached agreement consists of three (3) sections as outlined below:
1. Standard Agreement Pages 2 - 9
2. Exhibit B: Detailed Scope of Services Pages 10 -15
3. Exhibit C: Standard Hourly Rates Page 16
If you are in accordance with the contents of this proposal and its attached exhibits, please sign and
return the enclosed copy as it shall constitute our binding agreement. I am certainly available to discuss
any questions you may have, and we look forward to having this opportunity to work with you again.
Respectfully,
1~ _~,
Michael T. Redd, FASLA ~11~
President
/kvg
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
STANDARD AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Between
Village of North Palm Beach
(Agent for the Northlake Boulevard Corridor Task Force)
and Michael Redd & Associates. P.A.
This is an agreement made as of etween the Village of North Palm Beach (VILLAGE),
an agent for the Northlake Boulevard orridor Task Force (which consist of the Village of North
Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County),
and Michael Redd & Associates, P.A. (CONSULTANT), a landscape architectural firm having an
office and a place of business at 631 U.S. Highway One, Suite 300A, North Palm Beach, FL 33408.
The VILLAGE intends to purchase professional services for the construction administration for the
Northlake Boulevard Corridor Streetscape, which is defined as Northlake Boulevard between Southwind
Drive and Prosperity Farms Road, hereinafter called the PROJECT.
The VILLAGE and CONSULTANT in consideration of their mutual covenants herein agree in respect of
the performance of professional services by the CONSULTANT and the payment for those services by
the VILLAGE as set forth below.
SECTION 1 -BASIC SERVICES OF CONSULTANT
1.1 General
1.1.1. The CONSULTANT shall perform professional services in connection with the PROJECT
as hereinafter stated, more particularly described in Exhibit B: Detailed Scope of Services.
1.1.2. The CONSULTANT has, during the selection and negotiation process which has preceded
this agreement, represented to the VILLAGE that the CONSULTANT possesses that level
of skill, knowledge, experience, and expertise that is commensurate with professional firms
of national repute in the areas of practice required for projects contemplated by this
agreement. The CONSULTANT acknowledges that the VILLAGE has relied on the
CONSULTANT'S representations of skill, knowledge, experience and expertise. By
executing this Contract, the CONSULTANT agrees that the CONSULTANT will exercise
that degree of care, knowledge, skill and ability as other landscape architects possessing
the degree of skill, knowledge, experience and expertise which the CONSULTANT has
claimed. The CONSULTANT shall perform such duties as may be assigned without
neglect. The CONSULTANT accepts the relationship of trust and confidence established
by this Contract and covenants with the VILLAGE to cooperate with the VILLAGE and to
utilize the CONSULTANT'S best skill, efforts and judgment commensurate with
professional firms of national repute in the areas of practice required for projects
contemplated by this agreement. The CONSULTANT agrees to perform each assignment
in an efficient and economical manner consistent with the VILLAGE'S interests and
consistent with the VILLAGE'S stated objectives and recognized professional standards.
1.1.3. The CONSULTANT further contracts with the VILLAGE to furnish its professional skill and
judgment with due care in accordance with applicable Federal, State and Local laws, codes
and regulations as amended and supplemented which are in effect on the date of
STANDARD AGREEMENT
Page - 1
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
Y ~ ~ { ~ ~ k
1.1.4. This Agreement first written. It is specifically understood that the Accessibility provisions of
the Americans with Disabilities Act (ADA) shall be complied with and incorporated into the
PROJECT.
1.1.5. The CONSULTANT shall comply with FDOT Index 546 & Highway Landscape Design
Guide and Palm Beach County "Streetscape Standards" Manual in the preparation of all
plans and related documents.
1.1.6. The CONSULTANT shall not be responsible for the means, methods, techniques,
sequences and operations of construction or safety precautions and programs except as
provided in this Standard Agreement.
SECTION 2 -VILLAGE'S RESPONSIBILITY
The VILLAGE shall do the following in a timely manner so as not to delay the services of CONSULTANT.
2.1. The Director of Public Services for the Village of North Palm Beach (or his/her designee) shall act
as the VILLAGE'S representative with respect to the services to be rendered under this Agreement.
Such person shall have complete authority to transmit instructions, receive information, interpret
and define the VILLAGE policies and decisions with respect to the CONSULTANT'S services for
the PROJECT.
2.2. Assist the CONSULTANT by placing at the CONSULTANT'S disposal all available information to
the VILLAGE pertinent to the PROJECT including previous reports and any other data relative to
design or construction of the PROJECT.
2.3. Give fifteen (15) calendar days written notice to the CONSULTANT whenever the VILLAGE
observes or otherwise becomes aware of any development that affects the scope or timing of the
CONSULTANT'S services, or any defect or non-conformance in the work of any contractor,
including CONSULTANT.
SECTION 3 -PERIODS OF SERVICE
3.1 This is an Agreement for Professional Landscape Architectural services. This Agreement will
commence on the day and year first written above, and end 365 calendar days from date of
contract signing. At the option of both parties, the Agreement can be extended, if agreed in writing
by both parties.
3.2 PROJECT milestones in the overall contract schedule are defined as follows:
1. Section 11 -Final Work Product (Construction Documents) 100% (complete)
2. Section 7 -Bid Documentation/Administration 75% (complete)
3. Section 7 -Bid Documentation/Administration 100% (complete)
4. Section 8 -Awarding of Bid 100% (complete)
5. Section 9 -Construction Supervision 50% (complete)
6. Section 9 -Construction Supervision 75% (complete)
7. Section 9 -Construction Supervision 100% (complete)
8. Final Payment (10% withheld from each previous milestone)
STANDARD AGREEMENT
Page - 2
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
SECTION 4 -PAYMENTS TO CONSULTANT
4.1. Methods of Payment for Services and Expenses of CONSULTANT.
4.1.1. Basic Service: The VILLAGE will pay the CONSULTANT a fixed fee for the completion of
the basic services set forth in Exhibit "B."
4.1.2. Additional Services: Additional services beyond the Basic Services set forth in Exhibit "B"
must be authorized in writing by the VILLAGE prior to the initiation of work by the
CONSULTANT on said services. The costs for said additional services shall be based on
the standard hourly rates set forth in Exhibit "C". Additional services for Civil Engineering of
median closings will be billed as lump sums based upon an average per median closing of
the initial fees.
4.2. Payments
4.2.1 Invoices shall be submitted by the CONSULTANT for all portions of work completed for
each milestone of work based on the rates listed in "Exhibit B"
4.2.2 Payments to the CONSULTANT shall be in accordance with the Florida Prompt Payment
Act. All services must be approved and accepted by the VILLAGE prior to payment.
4.2.3 Ten percent (10%) of the overall contract will be retained by the VILLAGE for final
payment.
4.3. Other Provisions Concerning Payments: Records of CONSULTANT'S Salary Costs pertinent to
CONSULTANT'S compensation under this Agreement will be kept in accordance with generally
accepted accounting practices. Copies will be made available to the VILLAGE on request prior to
final payment for CONSULTANT'S services.
SECTION 5 -GENERAL CONSIDERATION
5.1. Termination: This Agreement may be canceled by the CONSULTANT upon thirty (30) days prior
written notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE
to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT.
It may also be terminated, in whole or in part, by the VILLAGE with or without cause, immediately
upon written notice to the CONSULTANT. Upon any such termination, the CONSULTANT hereby
waives any claims for damages from such termination, including but not limited to loss of
anticipated profits, on account thereof. Unless the CONSULTANT is in breach of this Agreement,
the CONSULTANT shall be paid for services rendered to the VILLAGE'S satisfaction through the
date of termination. The VILLAGE agrees to provide MRAPA a letter of termination without
prejudice should the VILLAGE decide to not complete the project due to reasons of funding or a
change in legislative mandate. After receipt of a Termination Notice and except as otherwise
directed by the VILLAGE the CONSULTANT shall:
5.1.1. Stop work on the date and to the extent specified by the VILLAGE.
5.1.2. Terminate and settle any orders and subcontractors relating to the performance of the
terminated work.
5.1.3. Transfer all work in process, completed work, and other materials related to the terminated
work to the VILLAGE.
STANDARD AGREEMENT
Page - 3
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006 x ~ ~~~~~~ ~~~~
5.1.4. Continue and complete all parts of the work that have not been terminated
5.2. Disclosure and Ownership of Documents
5.2.1. The CONSULTANT shall deliver to the VILLAGE'S representative for approval and
acceptance, and before being eligible for final payment of any amounts due, all documents
and materials prepared by and for the VILLAGE under this Agreement.
5.2.2. All written and oral information not in the public domain or not previously known, and all
information and data obtained, developed, or supplied by the VILLAGE or at its expense
will be kept confidential by the CONSULTANT and will not be disclosed to any other party,
directly or indirectly, without the VILLAGE'S prior written consent unless required by a
lawful order: in which case, the CONSULTANT shall notify the VILLAGE.
5.2.3. The VILLAGE and the CONSULTANT shall comply with the provisions of Chapter 119
Florida Statutes (Public Records Law).
5.2.4. All covenants, agreements, representations and warranties made herein, or otherwise
made in writing by any party pursuant hereto, including but not limited to any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
5.3. Insurance
5.3.1. The CONSULTANT shall not commence work under this Agreement until it has obtained all
insurance required under this section and such insurance has been approved by the
VILLAGE.
5.3.2. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to
the VILLAGE representative prior to the commencement of operations. The Certificates
shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount,
and classification as required for strict compliance with this paragraph and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the VILLAGE representative. Compliance with the foregoing requirement
shall not relieve the CONSULTANT of its liability and obligations under this Agreement.
5.3.3. Certificates of Insurance
5.3.3.1. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect
at all times during the life of this Contract, insurance coverages and limits
(including endorsements), as described herein. The requirements contained
herein, as well as VILLAGE'S review or acceptance of insurance maintained by
CONSULTANT are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by CONSULTANT under the contract.
5.3.3.2. Immediately following notification of the award of this Contract, CONSULTANT
shall deliver to the VILLAGE a Certificate(s) of Insurance evidencing that all types
and amounts of insurance coverages required by this Contract have been obtained
and are in full force and effect. Such Certificate(s) of Insurance shall include a
minimum thirty-(30) day endeavor to notify due to cancellation or non-renewal of
coverage.
STANDARD AGREEMENT
Page - 4
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
_.. n.._ 1. ~ ,~x). - F.
5.3.4. Professional Liabilitv: CONSULTANT shall maintain Professional Liability, not less than
$1,000,000 Per Occurrence. When aself-insured retention (SIR) or deductible exceeds
$10,000, VILLAGE reserves the right, but not the obligation, to review and request a copy
of CONSULTANT's most recent annual report or audited financial statement. For policies
written on a "Claims-Made" basis, CONSULTANT shall maintain a Retroactive Date prior to
or equal to the effective date of this Contract. In the event the policy is canceled, non-
renewed, switched to an Occurrence Form, retroactive date advanced, or any other event
triggering the right to purchase a Supplement Extended Reporting Period (SERP) during
the life of this Contract, CONSULTANT shall purchase a SERP with a minimum reporting
period not less than 3 years. CONSULTANT shall provide this coverage on a primary
basis
5.3.5. Commercial General Liabilitv CONSULTANT shall maintain Commercial General Liability
at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall not contain
any endorsement excluding Contractual Liability or Cross Liability. CONSULTANT shall
provide this coverage on a primary basis.
5.3.6. Business Automobile Liabilitv CONSULTANT shall maintain Business Automobile Liability
at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned
and hired automobiles. In the event CONSULTANT doesn't own any automobiles, the
Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to
maintain only Hired & Non-Owned Auto Liability. This amended requirement may be
satisfied by way of endorsement to the Commercial General Liability, or separate Business
Auto coverage form. CONSULTANT shall provide this coverage on a primary basis.
5.3.7. Workers' Compensation Insurance & Employers Liability CONSULTANT shall maintain
Workers' Compensation & Employers Liability in accordance with Florida Statute Chapter
440. CONSULTANT shall provide this coverage on a primary basis.
5.3.8. Additional Insured CONSULTANT shall endorse the VILLAGE as an Additional Insured
with CG 2026 Additional Insured -Designated Person or Organization endorsement, or its
equivalent, to the Commercial General Liability. The Additional Insured endorsement shall
read "Palm Beach County Board of County Commissioners, a Political Subdivision of the
State of Florida, its Officers, Employees and Agents and the Village of North Palm Beach",
a municipal corporation organized and listed under the laws of the State of Florida, its
officers, employees, and agents. CONSULTANT shall provide the Additional Insured
endorsements coverage on a primary basis
5.3.9. Waiver of Subrogration CONSULTANT hereby waives any and all rights of Subrogation
against the VILLAGE, their officers, employees and agents for each required policy.
When required by the insurer, or should a policy condition not permit an insured to enter
into a pre-loss agreement to waive subrogation without an endorsement, the
CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a
Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of
Subrogation requirement shall not apply to any policy, which a condition to the policy
specifically prohibits such an endorsement, or voids coverage should CONSULTANT
enter into such an agreement on a pre-loss basis.
5.3.10. Umbrella or Excess Liabilitv. If necessary, CONSULTANT may satisfy the minimum limits
required above for either Commercial General Liability, Business Auto Liability, or
Employer's Liability. The VILLAGE shall be specifically endorsed as an "Additional
Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the
STANDARD AGREEMENT
Page - 5
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration 8 Supervision
August 18, 2006
~-- ~ ..
Umbrella or Excess Liability provides coverage on a "Follow-Form" basis.
5.4 Indemnification: CONSULTANT shall protect, defend, reimburse, indemnify and hold VILLAGE,
their agents, employees, and elected officials harmless from and against all claims, liability,
expense, loss, cost, damages, or causes of action of every kind or character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of
their performance of the terms of this Contract or due to the acts or omissions of CONSULTANT.
5.5 Controlling Law (RemediesZ This Contract shall be governed by the laws of the State of Florida.
Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
5.6 Successors and Assigns
5.6.1. The VILLAGE and the CONSULTANT each binds itself and its partners, successors,
executors, administrators and assigns to the other party and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Neither the VILLAGE nor the CONSULTANT shall assign, sublet, convey or
transfer its interest in this Contract without the prior written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of the VILLAGE, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the VILLAGE and the CONSULTANT.
5.6.2. Nothing contained in this paragraph shall prevent the CONSULTANT from employing such
independent professional associates and consultants as the CONSULTANT may deem
appropriate to assist in the performance of services hereunder.
5.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than the VILLAGE and the CONSULTANT, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the VILLAGE and the CONSULTANT and not for the benefit of any other party.
5.7 Subcontracting
5.7.1. The VILLAGE reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor and to inspect all facilities of any subcontractors in
order to make a determination as to the capability of the subcontractor to perform properly
under this Contract. The CONSULTANT is encouraged to seek minority and women
business enterprises for participation in subcontracting opportunities.
5.7.2. If a subcontractor fails to perform or make progress, as required by this Contract, and it is
necessary to replace the subcontractor to complete the work in a timely fashion, the
CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by
the VILLAGE.
5.7.3 Percentage of overall work production anticipated per each subcontractor can be defined
as follows:
1. Irrigation Engineer 20%
2. Civil Engineer 10%
STANDARD AGREEMENT
Page - 6
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration 8 Supervision
August 18, 2006
Total: 30%
5.8 Personnel
~. ~~~
5.8.1. CONSULTANT represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement.
5.8.2. Such personnel shall not be employees of or have any contractual relationship with the
VILLAGE or any member of the Northlake Boulevard Corridor Task Force. All of the
services required herein shall be performed by the CONSULTANT or under its supervision,
and all personnel engaged in performing the services shall be fully qualified and, if
required, licensed or permitted under state and local law to perform such services.
5.8.3. The CONSULTANT warrants that all services shall be performed by skilled and competent
personnel in accordance with all applicable national, federal, state, and local professional
and technical standards.
5.9 Conflict of Interest
5.9.1. The CONSULTANT shall promptly notify the VILLAGE'S representative, in writing, by
certified mail, of all potential conflicts of interest for any prospective business association,
interest or other circumstance which may influence or appear to influence the
CONSULTANT'S judgement or quality of services being provided hereunder. Such written
notification shall identify the prospective business association, interest or circumstance, the
nature of work that the CONSULTANT may undertake and request an opinion of the
VILLAGE as to whether the association, interest or circumstance would, in the opinion of
the VILLAGE, constitute a conflict of interest if entered into by the CONSULTANT.
5.9.2. The VILLAGE agrees to notify the CONSULTANT of its opinion by certified mail within
thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the
VILLAGE, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the CONSULTANT, the VILLAGE shall so state in the
notification and the CONSULTANT shall, at its option, enter into said association, interest
or circumstance and it shall be deemed not in conflict of interest with respect to services
provided to the VILLAGE by the CONSULTANT under the terms of this Agreement.
5.10. Independent Contractor Relationship: The CONSULTANT and subconsultants are, and shall be, in
the performance of all work services and activities under this Agreement, Independent Contractors,
and not employees, agents, or servants of the VILLAGE. The CONSULTANT does not have the
power or authority to bind the VILLAGE in any promise, agreement or representation other than
specifically provided for in this Agreement. The CONSULTANT shall be responsible to the
VILLAGE for all the work or services performed by the CONSULTANT or any person or firm
engaged as a subconsultant to perform work in fulfillment of this Agreement.
5.11. Access and Audits: The CONSULTANT shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing the work for at least three (3) years after
completion of this Agreement. The VILLAGE shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the CONSULTANT'S place of business.
5.12. Entirety of Contractual Agreement: The VILLAGE and the CONSULTANT agree that this Contract
sets forth the entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and conditions
STANDARD AGREEMENT
Page - 7
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
~~--~.f~F~ ~.~,DI~
.~_
contained in this Contract may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
5.13. During the term of this Contract, the VILLAGE may require professional services that are the same
or similar to those described in this agreement. The VILLAGE may, at its sole discretion, obtain
said services in accordance with the State of Florida Consultants Competitive Negotiation Act. If
the VILLAGE so elects, it is mutually understood that the relationship between the CONSULTANT
and the VILLAGE under this Contract shall be considered as neither barring the CONSULTANT
from, nor granting special consideration to the CONSULTANT in participating in the selection
process for a consultant to provide such additional services.
SECTION 6 -SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
6.1 Federal & State Tax: CONSULTANT shall be responsible for payment of its own and its share of its
employees' payroll, payroll taxes, and benefits with respect to this Agreement.
6.2. The following Exhibits are attached to and made a part of this Agreement.
6.2.1. Exhibit B: Further description of basic professional services, fees, and related matters
consisting of 6 page(s).
6.2.2. Exhibit C: Michael Redd & Associates, P.A. Standard Hourly Rates consisting of 1
page(s).
6.3. This Standard Agreement (consisting of pages 2 to 10, inclusive), together with the Exhibits
identified above constitute the entire agreement between VILLAGE and CONSULTANT and
supersede all prior written or oral understandings. This Agreement and said Exhibits and
Schedules may only be amended, supplemented, modified or canceled by a duty executed written
instrument.
STANDARD AGREEMENT
Page - 8
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
Iv11CHAF~ R~:DD
~ ASSOCIATES, P.A.
IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year
first above written.
NORTHLAKE BOULEVARD TASK FORCE
BY ITS AGENT:
VILLAGE OF NORTH Pgi4M BEAD
B~~a ~ a
~ ra 13. ~o-2k~S
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CONSULTANT:
MICH L RE 8~ SOC TE P.A.
ichael T. Redd, ASLA
President
ATTEST:
BY: EGG G~~~=~~ ~~
VILLAGE CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
STANDARD AGREEMENT
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PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
EXHIBIT B
I~~~.~AEL ~.E~L~
DETAILED SCOPE OF SERVICES
Phase 1: Southwind Drive to Prosperity Farms Road
SECTION 7 -CONSTRUCTION BID DOCUMENTATION /ADMINISTRATION
7.1. As per Section 21.4 of the previous agreement dated 2.5.01, and Section 16.4 of this agreement,
the CONSULTANT is to revise the construction plans, specifications, materials, quantities, to
include removal of some design elements.
7.1.1. These revisions will reduce the overall cost estimate to more closely reflect the desired
construction budget/grant funding.
7.1.2. This section is based on the previous construction bid results. (lowest responsible bidder)
7.1.3. The CONSULTANT shall prepare the necessary bidding forms, the General Conditions of a
construction contract, and the Form of Agreement between the VILLAGE and the
construction contractor.
7.1.4. CONSULTANT shall prepare for VILLAGE a schedule of bid items in "bid-form" format.
7.1.5. CONSULTANT shall not be liable to VILLAGE to determine the financial capability of the
Contractor.
7.2. Meeting 1 -CONSULTANT will host for the VILLAGE a mandatory pre-bid meeting for the
familiarization of the project to the prospective contractors. (Maximum one (1] meeting)
7.2.1. CONSULTANT shall prepare addenda, and revise and distribute the plans and /or
specifications as needed during the bidding process as questions/clarifications arise.
7.2.2. CONSULTANT shall prepare and distribute all necessary addenda to correspond to any
revisions to the construction plans or specifications after the project has gone out to bid.
7.3. CONSULTANT shall provide to the VILLAGE a statement of estimated construction cost for each
element on the bid schedule, based on the CONSULTANT'S drawings and specifications.
SECTION 8 -AWARDING THE BID
8.1. Meeting 2 -CONSULTANT is to attend a pre-construction meeting so that the VILLAGE,
contractor, governing agencies and utilities review the proposed construction schedule and method
of WORK. (Maximum one [1] meeting)
SECTION 9 -CONSTRUCTION SUPERVISION
9.1. CONSULTANT will allocate a certain number of person-hours for construction meetings and site
visits to take place during construction to become generally familiar with the progress and quality of
EXHIBIT B
Page - 10
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
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the WORK and to determine in general if the PROJECT is proceeding in accordance with the
Contract Documents. (Maximum three (3J site visits)
9.2. Meeting 3 - When the PROJECT is approximately fifty percent (50%) complete, the
CONSULTANT is to meet with the contractor on-site to review plans, specifications, progress of
work as needed. (maximum one (1) meeting}
9.3. Any additional site visits or meetings beyond those outlined in the attachment will be billed hourly
based according to the CONSULTANT's Standard Hourly Rates as outlined in Exhibit `C.' Any
additional site visits and /or meetings are to authorized by the VILLAGE prior to compensation.
9.4. CONSULTANT shall provide minor revisions to the plans and/or specifications as needed during
the WORK if existing site conditions warrant changes to the design. Substantial changes will be
considered in addition to this contract and billed according to CONSULTANT's standard hourly
rates. (Exhibit 'C') An example of a substantial change would be modifications to existing traffic
circulation (including median closings), or additions to lands included within the PROJECT or major
program changes.
9.5. When the CONSULTANT is satisfied with the quality of WORK and completion of PROJECT, the
CONSULTANT shall provide letters of certification for the irrigation, landscaping, concrete
sidewalks, and street furniture as required by the governing agencies.
SECTION 10 -MEETINGS
10.1 Staff Meetings
10.1.1 Meetings with VILLAGE staff, permitting agencies, and jurisdictional utility agencies,
required prior to the contractor's "Notice to Proceed," are considered within the services of
this agreement, and will occur during regular business hours.
10.1.2 Meetings with VILLAGE staff, permitting agencies, and jurisdictional utility agencies,
required after to the contractor's "Notice to Proceed," are to be considered in addition to the
resulting contract and will be billed hourly based according to the CONSULTANT'S
Standard Hourly Rates as outlined in Exhibit 'C'. Meetings required due to a problem in the
original design will not be an additional cost to the Task Force/VILLAGE.
10.2 Task Force Meetings
10.2.1 Any Task Force meetings are to be considered in addition to the resulting contract and will
be billed hourly based according to the CONSULTANT'S Standard Hourly Rates as
outlined in Exhibit 'C'.
10.2.2 Revisions to the construction plans, specifications booklet and bid schedule after Meeting
#1 approvals and/or permit approvals, as a result of subsequent Task Force or
Jurisdictional meetings and/or design changes, are to be considered in addition to the
resulting contract and will be billed hourly based according to the CONSULTANT's
Standard Hourly Rates as outlined in Exhibit 'C'.
10.3 Additional Meetings
10.3.1 All CONSULTANT appearances at public meetings of Task Force members shall be to the
account of the individual agencies and shall not be included in the expense of the plan.
EXHIBIT B
Page - 11
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
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10.3.2 CONSULTANT shall attend only those public meetings outlined in this contract and shall
be compensated for, with the exception of Task Force VILLAGE staff meetings as required
by the VILLAGE. Any additional meetings shall be authorized prior to compensation.
These meetings will be billed hourly based according to the CONSULTANT's Standard
Hourly Rates as outlined in Exhibit 'C'. Examples of additional meetings would include the
following:
• Task Force meetings
• Meetings with VILLAGE staff, permitting agencies, and jurisdictional utility agencies, required after the
contractor's "Notice to Proceed."
• Meetings /presentations requested by individual jurisdictions
SECTION 11 -FINAL WORK PRODUCT
11.1 The final document will consist of written and graphic elements necessary for construction,
consisting of the following:
• Shop Drawing Approval
• Bidding Documents/Addenda as necessary
• Summary /Results of Meetings
11.1.1. The Construction Drawings will be professionally prepared necessary for permitting
approvals and final implementation.
11.1.2. The Construction Drawings will contain an inventory for the proposed design elements and
specifications.
11.2. CONSULTANT agrees to sign and seal the additional copies as needed for permitting or other
governmental approvals.
11.3. One (1) original set of mylars or vellums of the Construction Drawings, as well as in a digital format
(Acad 2002), will be provided to the VILLAGE at the completion of the PROJECT. Revisions to
these drawings after delivery are not the responsibility or liability of the CONSULTANT.
SECTION 12 -REIMBURSABLE EXPENSES
12.1. All items listed are to be paid by the CONSULTANT or referred to the VILLAGE for in-kind
matches. These items are to be included as part of the contract cost of ($37,550.00) and are not to
be considered separate costs except in the case of documents that are larger that 11" x 17" and are
requested by the VILLAGE.
• Photography /developing
• Printing (copies of reports)
• Blueprint /graphic reproductions
• Mailings /postage
• Delivery
• Specialized Materials /Publications
EXHIBIT B
Page - 12
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
SECTION 13 -FEES
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13.1. The VILLAGE agrees to pay CONSULTANT compensation for its services under the terms of this
Agreement a fee for each task described below.
SECTION I SECTION BILLINGS
7. CONSTRUCTION BID DOCUMENTATION $ 5,800.00
8. AWARDING THE BID $ 750.00
9. CONSTRUCTION SUPERVISION $ 12,000.00
10. MEETINGS additional services
11. FINAL WORK PRODUCT (Construction Documents) $19,000.00
IUTAL:
(100%) I $ 37,550.00
13.1.1. The sections listed above will be billed monthly corresponding with the satisfactory
completion of the milestone at the time of billing as outlined below:
1. Final Work Product (Construction Docs) 100% (complete) $19,000.00 $17,100.00
2. Bid Documentation/Administration 75% (complete) $4,350.00 $3,915.00
3. Bid Documentation/Administration 100% (complete) $1,450.00 $1,305.00
• Meeting 1
4. Awarding of Bid 100% (complete) .$750.00 $675.00
• Meeting 2
5. Construction Supervision 50% (complete) $6,000.00 $5,400.00
• Meeting 3
6. Construction Supervision 75% (complete) $3,000.00 $2,700.00
7. Construction Supervision 100% (complete) $3,000.00 $2,700.00
8. Final Payment $3,755.00
(10% withheld from each previous milestone) I
Total Billing $37,550.00
13.1.2. Final billing of the 10% withheld from the overall PROJECT will commence upon the
delivery of the final report to the Task Force. (Milestone #7)
13.2. The figures listed above are subject to discussion and change if the development program
substantially changes during the services of this agreement.
13.3. The completion date proposed for this contract is 365 calendar days from the date of receipt of a
signed contract.
13.4. CONSULTANT reserves the right to submit work done on this PROJECT for landscape
architectural/ planning design awards and for general public relations purposes.
13.5. Revisions to Drawings, specifications or other documents required by permitting agencies for
construction approvals or as needed or discovered during the bidding process, are the
responsibility of the CONSULTANT and are included in this agreement.
EXHIBIT B
Page - 13
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration 8 Supervision
August 18, 2006
SECTION 14 -MISCELLANEOUS
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14.1. The CONSULTANT will provide the construction administration documentation to the VILLAGE.
Deliverables:
• Meeting agendas
• Minutes to meetings (meeting summaries)
• Reduced Drawings (Draft Quality)
14.2. Optional Additional Services
14.2.1. Revisions to Drawings, specifications or other documents when such revisions are
inconsistent with approvals or instructions previously given by the Task Force, that are
required by the enhancement of revisions of codes, laws or regulations subsequent to the
preparation of such documents or are due to other causes not solely within the control of
CONSULTANT will be billed at CONSULTANT's Standard Hourly Rates (See Exhibit 'C')
or as discussed upon authorization.
14.2.2. Additional services for the Task Force not included in this proposal will be billed at
CONSULTANT'S Standard Hourly Rates (See Exhibit C) or as discussed upon
authorization.
14.2.3. All public and client meetings outlined within this proposal (Section 10) are included within
this contract. Meetings in addition to the resulting contract and will be billed hourly based
according to the CONSULTANT'S Standard Hourly Rates as outlined in Exhibit'C'.
14.2.4. Revisions to the final Construction Drawings after approval of the Task Force as a result of
meetings and/or design changes are to be considered in addition to the resulting contract
and will be billed hourly based according to the CONSULTANT's Standard Hourly Rates as
outlined in Exhibit 'C'.
SECTION 15 -NOT INCLUDED IN THIS PROPOSAL
15.1. The following items or issues are not included in the professional services of this contract:
• Mobilization, Bond, Insurance, etc.
• Street resurfacing/restriping
• Public zoning workshops and approval meetings or presentations after Task Force approval.
• Substantial changes to the scope of services at any time during the PROJECT. An example of a substantial change
would be modifications to existing traffic circulation (including median closings), or additions to lands included within the
PROJECT or major program changes.
• Changes or additions dictated by the governing jurisdictions collectively or singularly, after Task Force approval of
applicable phase of work.
• All necessary permit and application fees.
• Architectural renderings or architectural services.
• Structural or traffic engineering services.
• Boundary surveys
• Legal descriptions or legal representation.
• Environmental/civil testing, borings, field surveys, drilling, aquifer performance tests, or other support substantiation
required by regulatory agencies.
• Environmental jurisdiction line surveys/identification studies.
• Roadway Geometry with regard to roadway restriping, addition of traffic/turn lanes, etc.
EXHIBIT B
Page - 14
PROFESSIONAL SERVICE AGREEMENT
Phase 1: Southwind Drive to Prosperity Farms Road
Northlake Blvd. Construction Administration & Supervision
August 18, 2006 ~~~~~ ~~~
~` `-_;C .` ` ~ :. . .
SECTION 16 -RESPONSIBILITY FOR CONSTRUCTION COST
16.1. If the estimate of Construction Cost is exceeded by the lowest bona fide bid or negotiated
proposals, CONSULTANT shall cooperate in revising the PROJECT scope and quality as required
to reduce the Construction Cost, without additional charge, and shall modify the Drawings and
Specifications as necessary to comply with the fixed limit. The providing of such service shall be
the limit of CONSULTANT's responsibility arising from the establishment of such fixed limit, and
having done so, CONSULTANT shall be entitled to compensation for all services performed, in
accordance with this agreement, whether or not the Construction Phase is commenced.
EXHIBIT B
Page - 15
PROFESSIONAL SERVICE AGREEMENT
Northlake Blvd. Construction Administration & Supervision
August 18, 2006
EXHIBIT C
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STANDARD HOURLY RATES
Phase 1: Southwind Drive to Prosperity Farms Road
• Principal
• Vice President
^ Senior Associate/Project Manager
• Associate
^ Senior Landscape Architect/Planner
• Landscape Architect/Planner
• CADD Computer Including Operator
• Technical Team/Drafting/Research
^ Computer Time (word processing)
W:\PROPOSAL1Northlake-Construction\Phase 2\Admin Proposal 8.18.06.doc
$215/hour
$155/hour
$115/hour
$ 85/hour
$115/hour
$ 85/hour
$ 85/hour
$ 75/hour
$ 40/hour
EXHIBIT C
Page - 16