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HomeMy WebLinkAboutReso 2014-2252RESOLUTION NO. 2014- -2Z52 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BERMELLO AJAMIL & PARTNERS, INC. TO PROVIDE CONSTRUCTION PHASE SERVICES FOR THE ARLEN HOUSE RIGHT -OF -WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED TWENTY -SEVEN THOUSAND TWO HUNDRED SIXTY DOLLARS ($27,260.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 21, 2013 via Resolution No. 2013 -2150, the City Commission reauthorized the City Manager to administratively utilize general consulting firms on an approved list to provide Professional Engineering and Surveying Services for various City projects of which Bermello Ajamil & Partners, Inc. is one of four (4) consultants prequalified to perform work for the City; and WHEREAS, on March 21, 2013 via Resolution No. 2013 -2039, the City Commission approved an Agreement with Bermello Ajamil & Partners, Inc. to provide Professional Engineering Services for design of improvements for the Arlen House Right -of -Way Improvement Project; and WHEREAS, the Arlen House Right -of -Way Improvement Project generally consists of streetscape enhancements to landscaping, sidewalks, lighting and the construction of new screen wall along the frontage of Collins Avenue and Bayview Drive, including an upgrade of the existing vehicular and pedestrian gates serving the Arlen House property; and WHEREAS, the contract provides for Consultant Construction Phase Services including shop drawing review and approval, and site inspections and project certification; and WHEREAS, Bermello Ajamil & Partners, Inc. is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; and WHEREAS, the City Commission wishes to approve the Agreement with Bermello Ajamil & Partners, Inc. to provide Construction Phase Services for the Arlen House Right -of- Way Improvement Project, in an amount not to exceed Twenty -Seven Thousand Two Hundred Sixty Dollars ($27,260.00), attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2014- Bermello Ajamil CPS Srvs For Arlen House Right Of Way Impr Pro.) Page I of 2 Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with Bermello Ajamil & Partners, Inc. to provide Construction Phase Services for the Arlen House Right -of -Way Improvement Project, in an amount not to exceed Twenty -Seven Thousand Two Hundred Sixty Dollars ($27,260.00), attached hereto as Exhibit "A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19th day of June 2014. ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEGA %UFhCWNCY Attorney Vote: 5-�) Mayor Norman S. Edelcup Vice Mayor Isaac Aelion Commissioner Jeanette Gatto Commissioner Jennifer Levin Commissioner George "Bud" Scholl rY.. Norman S. ZE1 Mai Moved by: 1 I Seconded by: y.',VV%t%stovossz GWTO (Yes) (No) (Yes) (No) (Yes) (No) Yes) (No) V (Yes) (No) R2014- Bermello Ajamil CPS Srvs For Arlen House Right Of Way Impr Proj Page 2 of 2 SV��lEE 1= CITY OF SUNNY ISLES BEACH AGREEMENT WITH BERMELLO AJAMIL & PARTNERS, INC. CONTRACT NO. C1314 -055 THIS CONTRACTUAL AGREEi\ NT (hereinafter referred to as the "Agreement'') is made in duplicate; this 111 day of � ,a4E 201 by and between the CITY OF SUNNY ISLES BEACH, Florida; (hereinafter referred to as "City"), and BERrMELLO AJAMIL & PARTNERS, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant') whose Federal I.D. # is $�• L12Z44(o RECITALS WHEREAS, in response to the City's Request for Qualifications No. 12 -04 -02 and Resolution No. 2013 -2046; Consultant was selected as one of four (4) firms selected to perform professional engineering services for various projects that may arise throughout the year; and WHEREAS. the Citv is in need of a consultant to provide construction observation services associated with the Arlen House Right -of -Way Improvement Project (Services "); and WHEREAS. Consultant has expressed the ability and desire to provide these Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to contract with Consultant to provide the Services, as more fully described in Attachment "A" which is attached hereto: and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed Twenty Seven Thousand Two Hundred Sixt_v Dollars (527,260.00). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name; the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 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. The Services shall be performed by Consultant to the full satisfaction of the City. 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. In the event that the Consultant fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services; Consultant agrees to indemnify the City CI314 -055 6ERMELLO AJAN41L —Arlen House Right-of-Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of Services. 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 16 and 17 entitled "Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Twenty Seven Thousand Two Hundred Sixty Dollars ($27,260.00) for the performance of the stated Services. 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 contract. 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. 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 properly performed and all charges and costs 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 C1314 -055 BERMELLO AJAMIL —Arlen House Right -of -Way Improvement Project City of Sunny Isles Bench 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. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 7. 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 or employees, as indicated below: ❑ 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. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. 3 C1314-055 BERMELLO AJAMIL — Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax ❑ 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. 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 shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best 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. 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 Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub - Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and N C1314 -055 BERMELLO AJAMIL — Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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 payment 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 giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 10. 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. 11. NOTICES. All notices and other communications required or pennitted 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: E C1314-055 BERMELLO AJAMIL —Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4th Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Randy Hollingworth Consultant : Director of Planning- Landscape Architecture- Urban Design Bermello Ajamil & Partners 2601 S. Bayshore Drive Miami, Florida 33133 Tel: (305) 859 -2050 12. 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. 13. 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. 14. 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 Con C1314-055 BERMELLO AJAMIL —Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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, directly 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. 15. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, 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 defend, hold harmless and indemnify the City, its agents, representatives, 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. 16. 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 ") 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. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto. 18. 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. 7 C1314-055 BERMELLO AJAMIL —Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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. [remainder of page intentionally left blank] C1314 -055 BERMELLO AJAMIL —Arlen House Right -of -Way Improvement Project City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: JR1. I /) 6 Signature �I K L Print Name ATTEST: B . Jane A. Hines, , City Clerk & PARTNERS, V /sue rP*sl 090T Name & Title _/ k CITY OF SUNNY ISLES BEACH APPROVED AS TO FORM AND LEG44,94FICIENCY City Attorney z C1314-055 BERMELLO AJAMIL — Arlen House Right -of -Way Improvement Project April 24, 2014 ATTACHMENT A - SCOPE OF SERVICES Arlen House Right -of -Way Improvements Sunny Isles Beach, Florida Page 1 of 4 Bermello Ajamil & Partners Inc. (B &A) is pleased to provide City of Sunny Isles Beach (City) this Scope of Services to provide Construction Observation Services associated with the Arlen House Right -of -Way Improvement Project. The City intends to retain B &A to provide Civil Engineering, Electrical Engineering, Structural Engineering, Landscape Architectural and Irrigation construction services. All services shall be provided based on RFQ 12 -04 -02 Prequalified Engineering, Architectural, Landscape Architectural and Land Surveying Service Contract. All fees are based on the agreed upon Fee Schedule. PART 1 PROJECT DESCRIPTION The project is in Sunny Isles Beach, Florida and is located along the western side of Collins Avenue (south of 1581h Street) and the south side of 1581h Street /Bayview Drive (west of Collins Avenue). Specifically, the width of the project is from the back of the existing curb along Collins Avenue and 158th Street (and west and south respectfully) to the edge of the landscape and wall easement (which varies in width from 2' to 23' from the right -of -way lines); the length is from the southern City limit north along Collins Avenue and west on 158th Street to 20' west of the existing pedestrian gate. The project is approximately 555 linear feet. The City is the owner of the property within the 158th Street right -of -way; the Arlen House Condominium Association is the owner of the landscape and wall easement although the City has entered into a Use Agreement with said entity for proposed improvements; and Florida Department of Transportation is the owner of the Collins Avenue right -of -way. Under a previous authorization, B &A provided a Conceptual Master Plan, prepared and provided Construction Drawings and performed regulatory permitting services for the proposed improvements. The City now wishes B &A to provide certain construction services for the next phase of the project. The Services provided under this Authorization will be based on the approved Construction Drawings. Anticipated construction period is six months to Final Completion. The construction time frame is the basis for this Scope. B &A shall provide Construction Observation Services beyond the stated duration for a mutually agreed upon fee as an hourly time and materials basis. PART II SCOPE OF SERVICES TASK I - SHOP DRAWINGS & REQUEST'S FOR INFORMATION (RFI's): Shop Drawings - B &A shall review and comment on up to fifteen (15)* shop drawings, samples, and other data and reports, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the Construction Drawings. Such review will not extend to methods, means, techniques, construction sequence(s), procedures, or to safety precautions and related programs. It is assumed that the shop drawings shall be handled through digital means such as e -mail or contractor managed /initiated third party construction management web site (such as Submittal Exchange). *Includes Four (4) Civil, four (4) Structural, two (2) Electrical, two (2) hordscape /site furniture, two (2)1andscape and (i) Irrigation shop drawings. ATTACHMENT "A" Arlen House ROW 8 &A CA Services Proposal Page 2 of 4 Contractor & City Generated Requests for Information ( RFI's) - B &A will respond to and provide clarifications and interpretations of the Construction Drawings as needed and requested by the Contractor or City. It is assumed that BFI's will be handled through digital means such as e -mail or contractor managed /initiated third party construction management web site (such as Submittal Exchange). TASK II - SITE VISITS AND MEETINGS: Site Visits and Meetings - B &A shall attend site visits and meetings up to four (4) times during construction and at the request of the City. B &A shall visit the site and /or attend meetings to become familiar with the progress and quality of the Contractor's work and to determine if said work is generally proceeding in accordance with the Construction Drawings and also be present to discuss issues or topics on site. Each site visit shall be summarized by a detailed field report that outlines observations, activities and any work B &A determines to be in non - conformance with the Construction Drawings. B &A shall not be responsible for scheduling or coordinating meetings with the contractor or for producing minutes afterwards. This activity does not include structural visits above and beyond what is described in Task III and IV. Deliverables for Task II Site Visits and Meetings - As a result of these tasks, B&A shall produce the following: Up to six (6) 8 %" X 1 1 " black and white Field Reports TASK III - INSPECTIONS & RECORD DRAWINGS REVIEW: Reinforced Masonry and Reinforcing Steel Inspections - B &A will provide all necessary inspections including the actual inspection /site visit, preparation of paper work related to the inspections, such as daily inspection reports, inspection logs, final letters and sending the required documents to the authority having jurisdiction. The inspections will be provided as requested and scheduled by the contractor. B &A shall not be responsible for scheduling inspections. The services described above shall be completed in addition to visits and meetings described in Task II. Civil Engineering Inspections & Tests - B &A shall observe the utility testing required as part of the final certification to the regulatory entity responsible for that utility. Other parties are responsible for and shall perform the actual testing. Materials testing, density tests, and other construction testing services are not included. Re- inspection due to failed tests or the Contractor's failure to perform, or additional testing due to the Contractor's additional phasing of the project shall be billed on an hourly basis. Each Inspection shall be summarized by an Observation Memo. The services described above shall be completed in addition to visits and meetings described in Task II. Engineering Record Drawings Review - B &A shall meet with the Contractor's Surveyor to clarify all requirements associated with the 'as- built' record drawings so as to be satisfactory to the Civil Engineer of record as well as to the permitting agencies for certification(s). The Contractor shall be responsible for preparing and providing 'as- built' record drawings and providing them in a format compatible with the requirements of the regulatory agencies having jurisdiction of this project. A memo shall be provided that summarizes items discussed and directions given. Arlen House ROW B &A CA Services Proposal Page 3 of 4 Deliverables for Task Ill Inspections & Record Drawings Review - As a result of these tasks, B&A shall produce the following: One (l ) 8 %2" X 1 1 " black and white Inspection Observation Memo One (1) 8 %2" X 1 1 " black and white 'As- Built' Review Memo. TASK IV - SUBSTANTIAL COMPLETION, PUNCH LIST AND FINAL COMPLETION: Substantial Completion Walk Through - B &A shall visit the site one (1) time to conduct a Substantial Completion Site Inspection to determine if the completed work by the Contractor is in general accordance with Construction Drawings and shall provide a punch list of outstanding issues that need to be completed /corrected. This service shall be completed in addition to visits and meetings described in Task II. Final Engineering Certification - The Consultant shall review the record drawings provided by the Contractor or obtained by other means agreed to by the City. The preparation of record drawings by B &A is not included. Upon satisfactory review of the record drawings, the Consultant shall prepare and submit the final certification packages to the applicable agencies. This service will be completed in addition to visits and meetings described in Task II. Final Completion Walk Through - B &A will visit the site one (1) time to conduct /complete a Final Completion Inspection to determine if the completed work by the Contractor is in general accordance with Construction Drawings and that all punch list items have been resolved. B &A shall provide a Final Completion Notice to the City once the project is deemed to be in full accordance with the Construction Drawings. This service shall be completed in addition to visits and meetings described in Task II. Additional inspections or walk- throughs required due to contractors inability to complete all punch list items the first time shall be billed to the client on an hourly basis. Deliverables for Task IV Substantial Completion, Punch List and Final Completion - As a result of these tasks, B&A shall produce the following: One (1) 8 %2" X 1 1" black and white Substantial Completion Punch List One (1) 8 %2" X 1 1 " black and white Final Engineering Certification One (1) 8 %2" X 11 " black and white Final Completion Notice Arlen House ROW B &A CA Services Proposal PART III - COMPENSATION Page 4 of 4 Tasks I through IV - B &A shall bill the City a lump sum fee for each Task in the Scope of Services as listed below. Direct expenses shall be billed in addition to the Task fee. Reimbursable expenses shall be itemized and billed at actual cost and include, but not be limited to, photocopies and printing, postage and shipping, long distance telephone, faxes and all travel related expenses. Expenses and trips associated with travel to the project site shall be billed as reimbursable expenses. TASK I Shop Drawings & Requests for Information (RFI's) $ 5,535.00 NTE TASK 11 Site Visits & Meetings $ 2,950.00 NTE TASK III Inspections & Record Drawings Review $13,725.00 NTE TASK IVSubstantial Completion, Punch List & Final Completion $ 3,050.00 NTE Reimbursable Expenses $ 2,000.00 NTE Total: $ 27,260.00 NTE PART IV - ADDITIONAL SERVICES B &A shall provide Additional Services to the City at an agreed upon fee on an hourly time and materials basis (based on the rates established in the Continuing Services Agreement with the City). Items specifically not included in this scope: 1. Construction Observation and Certification Services for any improvements outside the project limits. April 24, 2014 ATTACHMENT B - RATE TABLE Arlen House Right -of -Way Improvements Construction Services City of Sunny Isles Beach, Florida Agendas Category Rate Project Manager $175 Senior Landscape Architect $100 Landscape Designer $85 Senior Project Civil Engineer $115 Professional Civil Engineer $120 Civil Field Inspector $90 Electrical Engineer $135 Structural Inspector $85 Irrigation Project Manager $95 Landscape Architect CAD $85 Administrative $60 Page 1 of 1 O z O Z m 0 z A D D ' D () o 0 0 c 3 n y ° s v Z 0 n J- m '" m < �° 0 Z �o o' 3 <_' 3 o T v" =. � m p w� �_ ° o c A 0 pa p � O Q 3' 3 C "o a — J D w m —; a rn m ❑— m m Y c N rn z a s n O T n H = o o O 2L C < "c n nail' ❑ o `— me a H rn El D o' o o' ❑ f (D N O_ � O O_ ❑ c OD - W- - O o 0 0 A O 0 D. 4A a A AO m d' w u O a O n O N a 0 (n O O O O a W y A C W s a � A D N p n � o N P — p = ° C a O � � n m m m p v n p _ s3 N N an D D P b+ O O wa O O t V O O 2.11 T T O O i O O br O O w O - < m � � O D ❑ OD d a a co N O N O — J O 0 — N ° o m� a y O W O o 0 0 o o 0 0 0 0 0 0 o x o m : a 3 N P � D S O n O c W m y 0 n Np P A ry C D O J D O A D — O Jm W m — n_ z V N u yy � D p — ° m a ❑ J ip, n g N 00 N co D o O o 0 0 0 0 0 0 0 0 0 0 0 0 = a O P A V q a N N N D N w o v w a co w v m ti ti N ;o � t in a w o c O O 11r O( S� I,- TO: VIA: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 6/19/2014 RE: Resolution Approving a Contract with Bermello Ajamil & Partners, Inc. for Construction Phase Services for the Arlen House Right -of- Way Improvement Project RECOMMENDATION: Staff recommends approval of the resolution REASONS: In November 2013 City Commission reauthorized the City Manager to administratively utilize general consulting firms on an approved list to provide professional Engineering and Surveying Services for Various City Projects. Bermello Ajamil & Partners, Inc is one of four (4) consultants prequalified to perform work for the City. Under a previously approved resolution, Bermello, Ajamil & Partners, Inc. provided design and bid phase services for the Arlen House project. This project generally consists of streetscape enhancements to landscaping, sidewalks, lighting and the construction of new screen wall along the frontage of Collins Avenue and Bayview Drive. The existing vehicular and pedestrian gates serving the Arlen House property will also be upgraded as part of this project. This contract provides for Consultant construction phase services and includes shop drawing review and approval, site inspections and project certification and is a companion item to the recommended bid award to Lynx Construction Management. Agenda Item No. IOK Date 6/19/2014 123 FUNDING SOURCE: In an amount not to exceed $27,260.00 from account number 20.600.5697. ATTACHMENTS: • Resolution • Agreement Agenda Item No IOK Date 6/19/2014 124