HomeMy WebLinkAboutReso 2023-3522RESOLUTION NO. 2023 - �3�:_-22-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROJECT AGREEMENT
WITH RODRIGUEZ ARCHITECTS, INC., TO PROVIDE ADDITIONAL PROFESSIONAL
ARCHITECTURAL SERVICES FOR A NEW STRUCTURE AT THE PROPERTY LOCATED
AT BELLA VISTA PARK, IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND
TWO HUNDRED FIFTY DOLLARS ($11,250.00), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the property located at
500 Sunny Isles Boulevard, known as Bella Vista Park ("Property"); and
WHEREAS, on February 18th, 2021, via Resolution No. 2021-3177, the City Commission
short listed four (4) architectural firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RFQ"), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested professional architectural services as one of several
disciplines listed in the RFQ; and
WHEREAS, Rodriguez Architects, Inc. ("Firm") was one of the four (4) firms short listed
to provide professional architectural services ("Services") to the City, and entered into a
Continuing Services Agreement to provide said Services on an as needed basis; and
WHEREAS, on October 20, 2022, via Resolution No. 2022-3419, the City Commission
approved a Project Agreement with the Firm to provide the Services for a new structure at the
Property to serve as a marine patrol and parks operations office ("Project"), in an amount not to
exceed $37,500.00; and
WHEREAS, the City Manager has determined that additional Services are needed due to
an increase in square footage to the Project; and
WHEREAS, the Firm has expressed the ability and desire to provide these additional
Services and has submitted a proposal to perform the same; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Project
Agreement with the Firm to provide the additional Services for a new structure at the property
located at 500 Sunny Isles Boulevard, in an amount not to exceed Eleven Thousand Two
Hundred Fifty Dollars ($11,250.00), attached hereto as Exhibit "A", thereby bringing the total
contract amount not to exceed Forty -Eight Thousand Seven Hundred Fifty Dollars ($48,750.00).
R2022 Project Agmt w Rodriguez Arch for New Structure Bella Vista Park Page 1 oft
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Project Agreement with Rodriguez Architects, Inc. to provide the additional
Services for a new structure at the property located at 500 Sunny Isles Boulevard (Bella Vista
Park), in an amount not to exceed Eleven Thousand Two Hundred Fifty Dollars ($11,250.00),
attached hereto as Exhibit "A", bringing the total contract amount not to exceed Forty -Eight
Thousand Seven Hundred Fifty Dollars ($48,750.00).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
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 20th day/of Julv\2023.
ATTESTII
1
s
Mauri io Betancur,JCMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
in E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
r
12
Moved by: Seconded by: `a/ v' ` P('
Vote: /
Mayor Svechin al (Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2022 Project Agmt w Rodriguez Arch for New Structure Bella Vista Park Page 2 of 2
S„t1t1Y f,f
_ x FIRST AMENDMENT TO THE PROJECT AGREEATENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND RODRIGUEZ ARCHITECTS INC
r °
This First Amendment to the Agreement between the CITY OF SUNNY ISLES
BEACH ("City") and RODRIGUEZ ARCHITECTS, INC. ("Consultant"), executed this ,I. day
of July, 2023, is made a part of the original Project Agreement ("Agreement") dated October 24, 2022,
between the City and Consultant, a copy of which is attached hereto as Attachment "A". The City
and Consultant hereby agree as follows:
1. ADDITIONAL COMPENSATION. Sections 5.1 and 5.3 of the Agreement are amended
to supplement the total compensation to Consultant, for the additional services set forth in
Attachment "B," in an additional amount not to exceed Eleven Thousand Two Hundred Fifty
Dollars and No Cents ($11,250.00), for a total not to exceed amount of Forty -Eight Thousand
Seven Hundred Fifty and No Cents ($48,750.00). As a result, Exhibit "1" of the Agreement shall
be substituted with Attachment "B" appended hereto.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terns and conditions of the original Project Agreement between the parties dated October 24, 2022,
shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A", and "B".
IN WITNESS WHEREOF, the parties hereto have execut¢�1 this First Amendment as of the
date mentioned above. � �
E
Signature
tN�Si�ZY
Print N n, d
BY.
CMC City Cleric
Rodriguez Architects, Inc. — First Amendment
, INC.
CITY OF SUNNY ISLES BEACH
BY; �� 47-z',
Stan Morris, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ,
ain E. Boi eau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Attachment A
PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
RODRIGUEZ ARCHITECTS, INC.
For
NEW STRUCTURE AT BELLA VISTA PARK
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Rodriguez Architects, Inc. ("Consultant") for Professional
Architectural Services pursuant to Request for- Qualifications No. 20-07-01 (hereinafter referred
to as "Continuing Services Agreement") dated July 13, 2021, this Project Agreement (hereinafter
referred to as "Agreement") authorizes the Consultant to provide the services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated July 13, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project more particularly described
in EXHIBIT "1" (hereinafter referred to as "the Project") and is licensed to practice
architecture by all public entities having jurisdiction over the Consultant and the Project.
The Consultant further represents to the City that the Consultant will maintain all necessary
licenses, or other authorizations necessary to act as Consultant for the Project until
Consultant's duties hereunder have been completed. The Consultant shall be responsible
for providing all necessary subconsultants required for the successful completion of the
work as outlined in EXHIBIT "1," Scope of Services. The Consultant assumes full
responsibility to the City for the improper acts, negligence, and omissions of its
subconsultants and of all others employed or retained by the Consultant in connection with
the Project.
2.2 PHASE l: PRELIMINARY DESIGN SERVICES
2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the
Consultant has become familiar with the Project site and the local conditions under which
the Project is to be implemented.
2.2.2 The Consultant shall provide a Feasibility Study/Programming and Site Verification to
evaluate and confirm existing conditions of the Project site are in general conformance and
suitability for the Project. Such review shall include but not be limited to a review,
examination, and verification of the documents and information furnished by the City
concerning the Project site with respect to dimensions, clearances, locations, elevations,
and the like before preparing design documents. The Consultant shall be solely responsible
for any inaccuracies or conflicts that might have been detected or avoided by -such
verification.
2.2.3 The Consultant will execute a substantial review of building codes, zoning, and
engineering regulation in order to ensure that the Project meets applicable building codes.
2.2.4 The Consultant shall provide City with preliminary space plans, Permit Sets signed and
sealed by Consultant's sub -consultant, specifications, drawings, and other documents.
2.2.5 The Consultant shall prepare, from the approved Feasibility Study/Program Verification,
the Schematic Design Studies to achieve a design solution acceptable to the City. The
Design Studies shall consist of drawings, concepts, organization, orientation, and an
engineering narrative based on the on-site walk thru assessment.
2.2.6 The Consultant shall provide the Schematic Design Studies to the City for review and
comments.
2.2.7 The Consultant shall provide project coordination including but not limited to, staff
conferences, meetings with City or City's Representatives, and analysis reports regarding
building codes and utilities analysis that conform to plan requirements.
2.2.8 The Consultant shall prepare the Design Development Documents from the approved
Schematic Design. The Design Development Documents shall consist of drawings and
other documents, including specifications, to fix and describe the size and character of the
Project. Documents will include but are not limited to floor plans, interior
elevations/millwork profiles, character of Project as to type of materials, mechanical and
electrical systems analysis, and other work as required for construction of the Project.
2.2.9 Consultant shall provide Final Design Development services based on approval of the
Schematic Design Package.
2.2.10 Consultant shall engage in progress reviews with City's Representative at fifty percent
(50%) and one hundred percent (100%) completion of the design stage.
2.2.11 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.3 PHASE 2: CONSTRUCTION DOCUMENTS.
2.3.1 The Consultant shall prepare, from the approved Design Development Phase, Contract
Documents consisting of Drawings and Specifications. Consultant will describe in detail
Project analysis, including but not limited to: quality levels of materials and systems and
other requirements for the Contractor's construction of the Project that is approved by the
Design Development Set.
2.3.2 Consultant shall coordinate Project with City or City's Representative.
2.3.3 Consultant shall prepare documentation of systems and coordination of consultants as to
the structural, mechanical, fire protection, telecommunications, and related equipment of
the Project.
2.3.4 Consultant shall prepare Construction Documents, including but not limited to: floor plans,
plans and description of Project systems; structural, mechanical, and electrical analysis,
interior elevations, millwork profiles, reflected ceiling systems, and lighting for Project.
Consultant shall also prepare reporting as to project materials identification, mechanical
and electrical systems analysis, and other work as required for construction of the Project.
2.3.5 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.3.6 The non-technical documents consisting of the necessary bidding information, General
Conditions of the Contract, including any Supplementary Conditions, proposal and
contract form shall be prepared by City. The Consultant shall review; respond to questions,
and provide the City his comments on these documents. Such documents shall not place
any responsibility or obligation on the Consultant that are not already in this contract.
2.3.7 The Consultant will provide the City with two copies of the documents for each Bid Group,
which shall be properly sealed and forwarded to the Project Director. Copies of the
Contract Documents for the Consultant's use will be the responsibility of the Consultant.
Upon approval of the Contract Documents, the Consultant will furnish the City with 2
copies of the CADD Documents.
2.3.8 Upon approval by the Project Director for the Contract Documents for each Bid Group, the
Consultant shall furnish to the Contractor printed copies of the Contract Documents or any
permissible form agreed upon by the parties.
2.3.9 The Consultant shall signify his responsibility for the Contract Documents prepared
pursuant to this Agreement by affixing his signature, date and seal thereto as required by
Chapters 471 and 481, Florida Statutes. If the facility being constructed meets the
definition of a threshold building as defined in Chapter 553.71(12), Florida Statutes, then
the Consultant shall insert the following statement on each sheet required by Chapters 471
and 481, Florida Statutes, to be signed, sealed and dated by the Consultant.
To the best of my knowledge, the plans, specifications and addenda comply with the
applicable minimum building codes.
2.3.10 Where this Agreement provides for the City's approval of the Consultant's design
suggestions and decisions, such approval shall not relieve the Consultant of any
responsibility hereunder.
2.3.11 The Consultant, whether utilizing a computer aided design and drafting application
(CADD) or a manual design and drafting technique, shall provide the City with two (2)
sets of CD/DVD files at the conclusion of the Construction Documents phase. The parties
may agree on the format for the files to be produced if a format is not acceptable to either
party.
2.3.12 The electronic files to be delivered under this Agreement contain information to be used
for the production of contract documents for the Project and are provided as an
accommodation to City. The official Contract Documents of record are those printed
documents produced by the Consultant which bear the company seal and signatures. The
electronic files to be delivered under this Agreement are not Contract Documents.
These files were created to supplement the official Contract Documents. Due to the
possibility that files of this nature can be modified, either unintentionally or otherwise, or
that the information contained in these files can be used in a manner for which they were
not originally intended, Consultant makes no representation that the files, after delivery,
will remain an accurate representation of the source date in the Consultant's possession, or
are suitable for any other purpose or use, and all indications of Consultant's (and its
subcontractors, if any) involvement shall be removed from each electronic display and shall
not be included in any prints produced therefrom.
City understands and agrees that the right to use the electronic files provided under the
Agreement is specifically limited to same; Consultant does not have the right to sub -lease
for City's use any software required to access the electronic files, and no such license is
granted hereby. City acknowledges its responsibility to obtain all hardware and software
needed to access the electronic files.
2.4 PHASE 3: PERMITTING, BIDDING, & NEGOTIATION
2.4.1 The Consultant shall acknowledge that the City or City's Representative will administer
the solicitation of bids to prequalified contractors as determined by City.
2.4.2 The Consultant shall provide permit set coordination and project coordination including
but not limited to, staff conferences, provision of bidding/proposal documents,
reproduction of bidding/proposal documents, analysis of alternative bid submissions, pre-
bid conference evaluations, bid proposal review and negotiation meetings.
2.4.3 The Consultant, consulting with the City, shall prepare necessary addenda to each Bid
Group and provide copies of each as appropriate to the Contractor. All addenda, prior to
distribution, shall be approved by the Project Director. Copies of each addendum, properly
sealed, shall be forwarded to the Project Director.
2.4.4 The Consultant shall attend two (2) General Contractor bid review meetings as requested
by City.
2.4.5 The Consultant shall review and respond to questions from bidding contractors and develop
any addenda drawings to address concerns as needed by the City.
2.4.6 The Consultant will assist the City in evaluating all bids received and provide comment
and recommendation to the City on each proposed authorization for work in connection
with the Project.
2.5 PHASE 4: CONSTRUCTION ADMINSTRATION
2.5.1 Construction Phase — Administration of the Construction Contract Work under Contract to
Contractor.
2.5.2 The Consultant shall represent the City during construction and shall facilitate all
instructions and other appropriate communications between the City and the Contractor,
which shall be communicated through the Consultant. The Consultant shall act on behalf
of the City only to the extent provided herein and in the Construction Contract.
2.5.3 The Consultant shall act as City's advocate during field observations, Project submittal
review, work modifications, and constructor Payment Applications.
2.5.4 The Consultant shall receive submittals such as Shop Drawings, Product Data and Samples
from the Contractor and shall review and approve or take other appropriate action upon
them, but only for the limited purpose of checking for conformance with the design concept
of the Project and with the information given in the Contract Documents. Review of such
submittals is not for the purpose of determining the accuracy and completeness of other
information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. The Consultant's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Consultant, of any construction means, methods, techniques, sequences or procedures.
Such action shall be taken with reasonable promptness so as to cause no unreasonable
delay. The Consultant's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. The review period shall be within two (2)
weeks per submission. Field modifications due to design flaws shall not be charged to the
City.
2.5.5 The Consultant shall obtain permits from all required agencies for the Project.
2.5.6 The Consultant shall provide periodic Construction Administration visits to the site to
become generally familiar with the progress and the general quality of the Work and to
determine in general if the Work is proceeding in accordance with the Contract Documents.
On the basis of such on-site observations of the Consultant, the Consultant shall keep the
City informed of the progress and the general quality of the Work, and shall endeavor to
guard the City against defects and deficiencies observed in the Work of the Contractor.
2.5.7 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.5.8 Construction Administration visits shall be a one (1) visit every two (2) weeks, unless
modified by City and Consultant, for the duration of the construction/fabrication period
and up to six (6) months. Consultant shall include one (1) Punch List review during the
Construction Administration phase of Project.
2.5.9 The Consultant shall attend construction meetings on site with City's Representative,
Consultant & Contractor (OAC Meetings), and shall produce meeting minutes no later than
four (4) days after said meeting.
2.5.10 Unless otherwise provided in this Agreement and incorporated in the Contract Documents,
the Consultant shall provide administration for the Construction Contract as set forth below
and in the Conditions of the Contracts for Construction, as developed by the Contractor
with the approval of the Consultant and City.
2.5.11 The Consultant shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, for acts or omissions of the
Contractor, subcontractor or any other persons performing any of the Work, or for failure
of any of them to carry out the Work in accordance with the Contract Documents. The
Consultant shall not be responsible for the Contractor. The Consultant shall at all times
have access to the Work wherever it is in preparation or progress.
2.5.12 Based on the Consultant's observations at the site, the recommendations of the Contractor
and an evaluation of the Application for Payment, the Consultant shall determine the
amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts,
as provided in the Contract Documents.
2.5.13 The issuance of a Certificate for Payment shall constitute a representation by the Consultant
to the City, based on the Consultant's observation at the site and on the data comprising
the Application for Payment that Work has progressed to the point indicated; that, to the
best of the Consultant's knowledge, information and belief, the quality of Work is in
accordance with the Contract Documents (subject to an evaluation of Work for
conformance with the Contract Documents upon Substantial Completion, to the results or
any subsequent tests required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion, and to any
specific qualifications stated in the Project Certificate for Payment); and that the Contractor
is entitled to payment in the amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Consultant has made any examination to
ascertain how or for what purpose the Contractor has used the monies paid on account of
the Contract Sum.
2.5.14 Should disagreement occur between the Contractor and Consultant over acceptability of
work and conformance with the requirements of the specifications and plans, the Project
Director shall be the final judge of performance and acceptability.
2.5.15 All interpretations and decisions of the Consultant shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents, and shall be in writing or in
graphic form.
2.5.16 The Consultant's decision with the consent of City in matters relating to artistic effect shall
be final if consistent with the intent of the Contract Documents. The Consultant's decisions
on any other claims, disputes or other matters, including those in question between the City
and the Contractor, shall be subject to claims provisions provided in this Agreement and in
the Contract Documents.
2.5.17 The Consultant shall recommend to the City to reject work, which does not conform to the
Contract Documents. Whenever, in the Consultant's reasonable opinion, it is necessary or
advisable to insure conformance with the provisions of the Contract Documents, the
Consultant shall have authority to require special inspection or testing of Work in
accordance with the provisions of the Contract Documents, whether or not such work be
then fabricated, installed or completed; but the Consultant shall take such action only after
consultation with the Contractor and City.
2.5.18 If the Contract Documents specifically require the Contractor to provide professional
design services or certifications by a design professional related to systems, materials or
equipment, the Consultant shall specify the appropriate performance and design criteria
that such services must satisfy. The Consultant shall review Shop Drawings and other
submittals related to the Work designed or certified by the design professional retained by
the Contractor that bear such professional's seal and signature when submitted to the
Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such
design professionals.
2.5.19 The Consultant shall review and approve or take other appropriate action on Change Orders
prepared by the Contractor for the City's authorization in accordance with the Contract
Documents.
2.5.20 The Consultant shall have authority to order minor changes in Work not involving an
adjustment in a Contract Sum or an extension of a Contract Time and which are not
inconsistent with the intent of the Contract Documents. Such changes shall be effected by
written order issued to the Contractor endorsed by the Project Director.
2.5.21 The Consultant, assisted by the Contractor, shall conduct inspections to determine the dates
of substantial completion and final completion and shall issue appropriate Certificates.
2.5.22 The Consultant shall assist the Contractor in receiving and forwarding to the City written
warranties and related documents assembled by the Contractor.
2.5.23 The extent of the duties, responsibilities and limitations of authority of the Consultant as a
representative of the City during construction shall not be modified or extended without
the written consent of the Consultant and the City.
2.5.24 Consultant shall furnish to the City a complete and comprehensive set of as -built drawings.
said as -built drawings are to be submitted in hard copy and in electronic format, and the
City and the Consultant agree and acknowledge that the Compensation set forth in Section
5.1 includes all cost and expense associated with the production of said as -built drawings.
2.6 ADDITIONAL SERVICES
The following services of the Consultant are not included in Sections 2.2 through 2.5, nor
in EXHIBIT "l," Scope of Services. Nevertheless, the Consultant shall provide such
services as related to the Project if authorized in writing by the City prior to the
performance or furnishing of same, and, unless otherwise specified in this Agreement, said
services shall be paid for by the City as provided hereinafter.
2.6.1 Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written direction by the City previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents and not reasonably anticipated, or are due to other causes not within the control
or responsibility of the Consultant, either in whole or in part.
2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders,
provided that such Change Orders are issued by the City due to causes not within the
control or responsibility of the Consultant, either in whole or in part.
2.6.3 Providing services concerning repair or replacement of work damaged by fire or other
cause during construction provided that such services are required by causes not the
responsibility of the Consultant, either in whole or in part.
2.6.4 Providing services made necessary solely by the default of the Contractor or defects or
deficiencies in the work of the Contractor.
is entitled to a time extension for the delay. The failure of the Consultant to give such
notice shall constitute a waiver of any claim under this section.
2.7.4 Notwithstanding the provisions of Subparagraph 2.7.3, in the event that the Contractor fails
to substantially complete the Project on or before the Substantial Completion date specified
in the Construction Contract or the Contractor is granted an extension of the time to
complete performance under the Construction Contract and the Consultant's Contract
Administration Services are materially extended by the City as a direct result thereof and
through no fault of the Consultant, the Consultant shall be entitled to additional
compensation at the rates shown in attached EXHIBIT "2". The amount of compensation
due by the Consultant under this Subparagraph shall be pursuant to approved written
Amendment to this Agreement.
2.8 PERSONNEL
2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME FUNCTION
Lourdes Rodriguez President
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT,
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Construction Contract.
3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with
the Construction Contract, or of any errors, omissions or inconsistencies in the
drawings or specifications, prompt notice thereof shall be given by the City to the
Consultant.
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is entitled to a time extension for the delay. The failure of the Consultant to give such
notice shall constitute a waiver of any claim under this section.
2.7.4 Notwithstanding the provisions of Subparagraph 2.7.3, in the event that the Contractor fails
to substantially complete the Project on or before the Substantial Completion date specified
in the Construction Contract or the Contractor is granted an extension of the time to
complete performance under the Construction Contract and the Consultant's Contract
Administration Services are materially extended by the City as a direct result thereof and'
through no fault of the Consultant, the Consultant shall be entitled to additional
compensation at the rates shown in attached EXHIBIT "2". The amount of compensation
due by the Consultant under this Subparagraph shall be pursuant to approved written
Amendment to this Agreement.
2.8 PERSONNEL
2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME F'(JNCTION
Lourdes Rodriguez President
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Construction Contract.
3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with
the Construction Contract, or of any errors, omissions or inconsistencies in the
drawings or specifications, prompt notice thereof shall be given by the City to the
Consultant.
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3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as
expeditiously as may reasonably be necessary for the orderly progress of the
Consultant's services and of the work.
3.6 The City's review of any documents prepared by the Consultant or its subconsultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the City's construction program and intent. No review of such
documents shall relieve the Consultant of its responsibility for the accuracy, adequacy,
fitness, suitability and coordination of its work product.
SECTION 4 CONSTRUCTION COSTS
4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5%
of the lowest bona fide bid or negotiated proposal, the City may (1) give written
approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of
the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4)
cooperate in revising the Project scope or quality, or both, as required to reduce the
construction cost. In the case of (4), the Consultant, without additional charge to the
City, shall consult with the City and shall revise and modify the drawings and
specifications as necessary to achieve compliance with the cost agreed upon by the
City. Absent negligence on the part ofthe Consultant in making its estimates of probable
construction cost, providing such modifications and revisions shall be the limit of the
Consultant's responsibility arising from the establishment of such construction costs,
and having done so, the Consultant shall be entitled to compensation for all other
services performed, in accordance with this Agreement.
SECTION.5 BASIS OF COMPENSATION
5.1 The City shall compensate the Consultant for an amount not to exceed $32,500.00 based
on services rendered pursuant to Sections 2.2 through 2.5 and EXHIBIT "1," Scope of
Services, of this Agreement by allocating the estimated percentage of work for each of the
phases set forth in Section 5.2. Billings for each phase shall not exceed the amount
allocated to each phase.
5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on
the estimated percentage of work completed for each of the following phases:
Phase 1. Preliminary Design......................................................................... $3,201.20 10%
Phase 2. Construction Documents.............................................................. $22,750.00 70%
Phase 3. Bidding-Permitting......................................................................... $1,625.00 5%
Phase 4. Construction Administration.......................................................... $4,875.00 15%
5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an
amount not to exceed 5 000.00 compensated as follows:
See EXHIBIT "2" of this Agreement "Fee Schedule" —
5.5 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by
the City as provided in Section 6.
5.6 If the scope of the Consultant's services are changed materially through no fault of the
Consultant, compensation due to the Consultant shall be equitably adjusted, either upward
or downward.
SECTION 6 BILLING AND PAYMENTS TO CONSULTANT
6.1 Billing by the Consultant shall be in accordance with EXHIBIT "2" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "2" of this Agreement.
6.2 REIMBURSABLE EXPENSES
6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and
Consultant's subconsultants in the interest of the Project, as follows:
Not to exceed 1,000.0 without prior written authorization by the City.
6.2.1.1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112,
Florida Statutes; fees paid for securing approval of authorities having jurisdiction over
the Project; actual cost of reproduction, postage and handling of drawings,
specifications and other documents; renderings, models and mock-ups requested by the
City; additional insurance coverage or limits, including professional liability insurance,
requested by the City in excess of that required in the Request For Qualifications. The
Consultant shall only be reimbursed for the direct cost of the item without additional
mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable
expense.
SECTION 7 TERM,
7.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall continue in full force and effect for the term of two (2) years, unless otherwise
terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement.
SECTION 8 TERMINATION,
8.1 TERMINATION FOR CAUSE
8.1.1 This Agreement may be terminated by either party upon seven (7) days' written notice
to the other should such other party fail substantially to perform in accordance with its
material terms through no fault of the party initiating the termination. In the event of a
termination for cause, the Consultant shall be entitled to receive compensation for any
work completed pursuant to the Agreement to the satisfaction of the City through the
12
date of termination, less any amounts which the City reasonably deems necessary to
withhold in order to correct any defects or deficiencies in the work performed by the
Consultant. In no event shall the City pay for profit or overhead on work not performed.
8.2 TERMINATION FOR CONVENIENCE
8.2.1 This Agreement may be terminated by the City without cause upon ten (10) days'
written notice to the Consultant. In the event of such a termination without cause, the
Consultant shall be compensated for all services completed pursuant to this Agreement
to the satisfaction of the City up to and through the date of termination, together with
Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit
to the City its invoice for final payment and reimbursement which invoice shall comply
with the provisions of Section 2.5 of EXHIBIT "P of the Continuing Services
Agreement.
8.2.2 Under no circumstances shall the City make payment of profit or overhead for work
that has not been performed. Additionally, the City shall not make payment for the
following items:
8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work;
8.2.2.2 Consequential damages;
8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done
in excess of reasonable quantitative requirements of this Agreement;
8.2.2.4Expenses of Consultant due to the failure of Consultant or its subconsultants to
discontinue the work with reasonable promptness after notice of termination has been
given to the Consultant; and
8.2.2.5Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets.
8.2.2.6 Damage or loss caused by delay.
8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product
of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City
or its authorized designee, all work product in its possession, including but not limited to,
designs, specifications, drawings, studies, reports and all other documents and data in the
possession of the Consultant pertaining to this Agreement. Upon the City's request, the
Consultant shall additionally assign its rights, title and interest under any subcontractor's
agreements to the City. All work product provided under this Section shall be used solely
for its intended purpose.
SECTION 9 SEVERABILITY
13
9.1 If any term or provision of this Agreement or its application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement or the application of such terms or provisions to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the City, signing by and through its Mayor, attested
to by its City Clerk, duly authorized to execute same and by Rodriguez Architects, Inc. , signing
by and through its President duly authorized to execute same.
.TION:
City Clerk 1
Mauricio Betancur
(SEAL)
CITY
CITY OF SUNNY ISLES BEACH, FLORIDA
By: —
— Dana UlAn Goldman- Mayor
7t day of–_O tL , 2022.
Approved as to form for the City:
EdwaA.d
ty Attorney
By:
Edward
A. Dion
City Attorney
14
Please type namt of Secretary
WITNESSES:
CONSULTANT
RODRIGUEZ ARCHITECTS, INC.
M
d� -V
day of 2"' 2022
(CORPORATE SEAL)
I
15
Exhibit 1
PROPOSAL TO FURNISH PROFESSIONAL SERVICES TO
THE CITY OF SUNNY ISLES BEACH
CONTINUING SERVICES AGREEMENT
NEW STRUCTURE AT BELLA VISTA PARK
SUNNY ISLES BEACH, FLORIDA
Date: 8 September 2022
Submitted to: Mr. Richard Labinsky, PE Project:
New Structure at
500 Sunny Isles Beach Blvd.
Architect's Project No. 2252
City of Sunny Isles Beach Project No. Pending
The Architect: RODRIGUEZ ARCHITECTS, INC.
2121 Ponce de Leon Blvd., Suite 1010
Coral Gables, Florida 33134
Is pleased to provide:
The Client: City of Sunny Isles Beach
Public Works Dept.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
The following is request for approval of fees for Basic Architectural/Engineering Services, per the Contract as indicated above.
SECTION 1 - PROJECT DESCRIPTION:
The project location is Bella Vista Park at 500 Sunny Isles Beach Blvd., Sunny Isles, Florida. The site consists of open
land being used for construction storage with an existing wood pier. Numerous old concrete slabs exist on the site
and will be tested for use in this project. The City of Sunny Isles Beach would like to erect a new building, maximum
of 1,000 sq. ft. RAI will provide complete Architectural, Structural, Plumbing, Mechanical and Electrical Engineering
services for the design, interior fixture and finishes selections, construction documents and construction administration
for the project.
SECTION 2 - SCOPE OF WORK:
The NE will assist The City of Sunny Isles in accomplishing project goals by providing Professional A/E basic services as
per our Agreement.
The Scope of Work assumes the following:
1. A new one-story structure to meet all Florida Building Code requirements. The new structure will be
house:
• Max. 1,000 sq. ft.
• Office space for police
• Storage space for police
• Walkup window and office space for kayak rentals
• One (1) Uni-Sex Toilet Room
2. Design of the new masonry walls, concrete beams and roof structure.
3. Testing of existing concrete slabs and footings will be required, such as core drilling and x-ray technology.
This is not included in the project fee.
4. Design and selection of new toilet room fixtures and finishes, selection of all interior and exterior finishes.
The new structure will be ADA accessible.
The sub -consultants will be as follows:
Structural Engineers: DDA Engineers, P.A.
Mechanical, Plumbing and Electrical Engineers: SCM Engineers, Inc.
RODRIGUEZ ARCHITECTS, INC.
Proposal to Furnish Professional Services
City of Sunny Isles — Bella Vista Park
New Building
Architect's Project No. 2252
Page Two
SECTION 3 - BASIC SERVICES (per continuing contract agreement):
Phase I - Preliminary Design Services
Phase III - Construction Documents Services
Phase IV - Bidding and Permitting Services
Phase V - Construction Administration Services
Not included in Basic Fee:
• Testing of existing concrete foundations for adequacy of use
• Site Design (City has contracted separately with KEITH for surveying, civil and landscaping design)
SECTION 4 - PRELIMINARY ESTIMATE based on initial site information:
$325,000.00 +/-
SECTION 5 - PROPOSED SCHEDULE:
Complete Project Schedule:
• f=ield Investigation -1 week
• Design/Construction Documents -- 100% -10 weeks
• Bidding -Permitting -4 weeks
• Construction Administration - 8 months
SECTION 6 - COMPENSATION:
The City of Sunny Isles Beach, FL shall pay the Architect for the Basic Services as described above a Stipulated Fixed
Sum of Thirty -Two Thousand Five Hundred Dollars ($32,500.00).
The proposed fee is applicable to each phase of the services as follows:
Preliminary Design
10%
$3,201.20
Construction Documents
70%
$22,750.00
Bidding -Permitting
5%
$1,625.00
Construction Administration
15%
$4,875.00
Total:
$32,500.00
Additional Services (if needed - NTE) $5,000.00
Reimbursables (NTE) $1,000.00_
Total: $6,000.00
Grand Total:
INC
$38,S00.00
RODRIGUEZ ARCHITECTS, INC.
Exhibit 2
Mr. Richard Labinsky, PE
City of Sunny isles Beach, FL
Public Warks Dept.
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Mr. Labinsky:
As requested, the following is a detailed hourly rate fee structure used in conjunction with the fee
proposal sent under separate cover.
CATEGORY HOURLY RATES.
• Principal
$ 200.00
• R.A.
$ 160.00
• P.E.
$ 160.00
• Landscape Architect
$ 160.00
• Senior Project Manager
$ 145.00
• Project Manager
$ 135.00
• Project Engineer
$ 110.00
• Junior Engineer
$ 95.00
• Junior Architect
$ 95.00
• CADD Technician
$ 80.00
• Clerical
$ 55.00
• Construction Inspector
$ 110.00
• Multiplier
2.9
Please advise if more Information is required.
Regards,
(tu�' —�
David M. Shewairy, Assoc. AIA
RODRIGUEZ ARCHITECTS, INC.
2121 PONCE DE LEON BLVD., STE. 1010
CORAL GABLES, FL 33134
TEL.: (3 0 5) 4 4 8- 3 3 7 3
FAX: (3 0 5) 4 4 8- 3 3 7 4
MEMBERS
AMERICAN INSTITUTE
OF ARCHITECTS
An ARinnative Action / Equal Opportunity Eni0ayer
Attachment B
PROPOSAL TO FURNISH PROFESSIONAL SERVICES TO
THE CITY OF SUNNY ISLES BEACH
CONTINUING SERVICES AGREEMENT
NEW STRUCTURE AT BELLA VISTA PARK
SUNNY ISLES BEACH, FLORIDA
Date: 8 September 2022
29 June 2023 REV
Submitted to: Mr. Richard Labinsky, PE Project:
New Structure at
500 Sunny Isles Beach Blvd.
Architect's Project No. 2252
City of Sunny Isles Beach Project No. Pending
The Architect: RODRIGUEZ ARCHITECTS, INC.
2121 Ponce de Leon Blvd., Suite 1010
Coral Gables, Florida 33134
Is pleased to provide:
The Client: City of Sunny Isles Beach
Public Works Dept.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
The following is request for approval of fees for Basic Architectural/Engineering Services, per the Contract as indicated above.
SECTION 1 - PROJECT DESCRIPTION:
The project location is Bella Vista Park at 500 Sunny Isles Beach Blvd., Sunny Isles, Florida. The site consists of open
land being used for construction storage with an existing wood pier. Numerous old concrete slabs exist on the site
and will be tested for use in this project. The City of Sunny Isles Beach would like to erect a new building, maximum
of 1,000 sq. ft. RAI will provide complete Architectural, Structural, Plumbing, Mechanical and Electrical Engineering
servicesfor the design, interior fixture and finishes selections, construction documents and construction administration
for the project.
SECTION 2 - SCOPE OF WORK:
The A/E will assist The City of Sunny Isles in accomplishing project goals by providing Professional A/E basic services as
per our Agreement.
The Scope of Work assumes the following:
1. A new one-story structure to meet all Florida Building Code requirements. The new structure will be
house:
• 1,157 sq. ft. roof (2,350 sf. pad)
• Office space for police with restroom/shower
• Storage space for police
• Walkup window and office space for kayak rentals
• One (1) Uni-Sex Toilet Room
2. Raise finish floor to BFE 9.00' to include over 3 feet of fill. Design of the new masonry walls, concrete
beams and roof structure.
3. Testing of existing concrete slabs and footings will be required, such as core drilling, geotechnical and x-
ray technology. This is not included in the project fee and shall be provided by City.
4. Design and selection of new toilet room fixtures and finishes, selection of all interior and exterior finishes.
5. The new structure will be ADA accessible with a roughly 65 ft. long compliant ramp.
Proposal to Furnish Professional Services
RODRIGUEZ ARCHITECTS, INC.
City of Sunny Isles — Bella Vista Park
New Building
Architect's Project No. 2252
Page Two
The sub -consultants will be as follows:
Structural Engineers: DDA Engineers, P.A.
Mechanical, Plumbing and Electrical Engineers: SCM Engineers, Inc.
SECTION 3 - BASIC SERVICES (per continuing contract agreement):
Phase I — Preliminary Design Services
Phase III - Construction Documents Services
Phase IV - Bidding and Permitting Services
Phase V - Construction Administration Services
Not included in Basic Fee:
• Testing of existing concrete foundations for adequacy of use
• Site Design (City has contracted separately with KEITH for surveying, civil and landscaping design)
SECTION 4 — PRELIMINARY ESTIMATE based on initial site information:
$500,000.00 +/-
SECTION 5 - PROPOSED SCHEDULE:
Complete Project Schedule:
• Field Investigation —1 week
• Design/Construction Documents 100% — 10 weeks
• Bidding -Permitting — 4 weeks
• Construction Administration — 8 months
SECTION 6 - COMPENSATION:
The City of Sunny Isles Beach, FL shall pay the Architect for the Basic Services as described above a Stipulated Fixed
Sum of Forty -Four Thousand Seven Hundred and Fifty Dollars ($42,750.00).
The proposed fee is applicable to each phase of the services as follows:
Phase I -
Preliminary Design
10%
$4,275.00
Phase III
- Construction Documents
70%
$29,925.00
Phase IV
- Bidding -Permitting
5%
$2,137.50
Phase V
- Construction Administration
15%
$6,412.50
Total:
$42,750.00
Additional Services (if needed — NTE) $5,000.00
Reimbursables (NTE) $1,000.00
Total: $6,000.00
Grand Total:
NIRS
$48,750.00
RODRIGUEZ ARCHITECTS, INC.