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
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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