HomeMy WebLinkAboutReso 2024-3611RESOLUTION NO. 2024 - 3� 11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PROJECT AGREEMENT WITH BEA ARCHITECTS, INC., TO
PROVIDE PROFESSIONAL ARCHITECTURAL DESIGN SERVICES FOR THE
RENOVATION OF THE PROPERTY LOCATED AT 18050 COLLINS AVENUE,
FORMERLY KNOWN AS TONY ROMAS, IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED SIXTY-THREE THOUSAND SIX HUNDRED NINE DOLLARS AND EIGHTY-
EIGHT CENTS ($263,609.88), 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, the City of Sunny Isles Beach ("City") is the owner of the property located at
18050 Collins Avenue, formerly known as Tony Romas ("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, BEA 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, the City is in need of a firm to provide the Services for the renovation of the
Property for the relocation of the City's Building Department ("Project"); and
WHEREAS, after careful review and consideration, the City Manager has determined that
based on relevant experience, qualification, and past performance, the Firm is uniquely
positioned to provide the City with the desired Services for 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 Project Agreement with the Firm to
provide the Services for the Project, in an amount not to exceed Two Hundred Sixty Three
Thousand Six Hundred Nine Dollars and Eighty Eight Cents ($263,609.88), attached hereto as
Exhibit "A".
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Proiect Agreement. The City Commission hereby approves a Project
Agreement with BEA Architects, Inc. to provide professional architectural services for the
renovation of the property located at 18050 Collins Avenue, formerly known as Tony Romas, in
an amount not to exceed Two Hundred Sixty -Three Thousand Six Hundred Nine Dollars and
Eighty -Eight Cents ($263,609.88), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Project
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 18
Mauriclo Betancur ICMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
AainE.ileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by:wqfs &Weconded by: LG G�
Vote:
Mayor Svechin / Yes) (No)
Vice Mayor Lama i/ (Yes)0)
Commissioner Joseph (Yes) INI
Commissioner Stuyvesant Yes) ✓ (No)
Commissioner Viscarra 4?Yes) (No)
@BCL@1C0BF9A1.doc Page 2 of 2 331
PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
BEA ARCHITECTS, INC.
For
BUILDING DEPARTMENT RELOCATION TO ANNEX
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and BEA 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 1: 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 regulations in order to ensure 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.
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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.
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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.
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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
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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.
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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 "1," Scope of Services. Nevertheles"s, 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.
2.7 SERVICE SCHEDULE
2.7.1 The Consultant shall perform its services expeditiously in accordance with the time frames
set forth in the "Proposed Schedule" set forth in EXHIBIT "1". The Consultant may,
however, submit for the City's approval a schedule for the performance for the
Consultant's services that shall include allowance for time required for the City's review
of submissions and for approvals of authorities having jurisdiction over the Project. The
City shall review and approve or reject any schedules submitted by the Consultant within
five (5) working days of said submittal. If, in the event that construction of the Project is
suspended for more than thirty (30) days, the Consultant shall also suspend Construction
Administration Services upon request of City. Any time spent on the Project at the request
of the City or on the City's behalf during this suspension shall be additional services and
shall be paid based on the Standard Hourly Rates attached to this Agreement as EXHIBIT
"I". The reasonable term of construction upon which the fees for Construction
Administration Services in this Agreement are based, shall be extended to include the
period of construction suspension. This schedule, when approved by the City, shall not,
except for cause, be exceeded by the Consultant. In the event the City rejects any schedules
submitted by the Consultant, the Consultant shall submit a revised schedule within forty-
eight (48) hours of said rejection. Submission of a schedule acceptable to the City and to
which the City makes no objection shall be a condition precedent for any payment to the
Consultant.
2.7.2 Upon receipt of the Notification of Commencement and the fully executed Purchase Order,
the Consultant shall commence services to the City on the Commencement Date, and shall
continuously perform services to the City, without interruption, in accordance with the time
frames set forth in the "Proposed Schedule," a copy of which is attached and incorporated
into this Agreement as EXHIBIT "1." The number of calendar days from the
Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, which ever shall last occur, shall
constitute the Contract Time.
2.7.3 No Damages for Delay: The Consultant shall not be entitled to any claim for damages
including, but not limited to, loss of profits, loss of use, home office overhead expenses,
equipment rental and similar costs on account of delays in the progress of the Project from
any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in
procuring permits, differing site conditions, unavoidable casualties or other cause beyond
the Consultant's control, or by delay authorized by the City, or by other causes which the
Consultant determines may justify delay. The Consultant's sole recovery and remedy for
any such delay shall be a reasonable extension of time and a revision to the Project
Schedule as determined by the City. However, additional costs to the Consultant or delays
in the Consultant's performance caused by improperly timed activities shall not be the basis
for granting alime extension. If the Consultant wishes to make a claim for an increase in
time of performance, written notice of such claim shall be made to the City within three
(3) working days after the occurrence of the event, or the first appearance of the condition
giving rise to such claim. The City's representative shall determine whether 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 "I". 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
Adrian Price Vice -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 of the 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 Two Hundred Sixty -
Three Thousand Six Hundred Nine Dollars and Eighty -Eight Cents ($263,609.88) 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 I (Gond. Assess. & Due Diligence) — 10% ................................$23,998.79
PHASE II (Demo, Shell, Foundation, 30% AE Package) — 20% ......................$47,997.57
PHASE III (CD 60% & Bid) — 20%...................................................................$47,997.57
PHASE IV (CD 100%) — 20%...........................................................................$47,997.57
PHASE V (Permitting) — 15%...........................................................................$35,998.18
PHASE VI (Const Admin) — 15%......................................................................$35,998.18
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5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an
amount not to exceed $16,447.00, compensated as follows:
See EXHIBIT "1" of this Agreement "Fee Schedule"' -
5.4 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by
the City as provided in Section 6.
5.5 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 "1" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "1" 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 $1,000.00 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 one (1) year, 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
12
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
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 "F" 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;
8.2.2.4 Expenses 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
8.2.2.5 Losses 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.
13
SECTION 9 SEVERABILITY
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.
AUTHENTICATI
City Clerk � .
Mauricio Betancur
(SEAL)
CITY
CITY OF S NY LES BEACH, FLORIDA
Larisa Svechin, Mayor
'' , "klay of January, 2024.
Approved as to form for the City:
By:
Alain E. Boileau, for Nabors,
Giblin & Nickerson, P.A.,
City Attorney
14
JL
Please type name of Secretary
WITNESSES:
Is
CONSULTANT
BEA ARCHITECTS, INC.
LABy-
7n Price, Vice -President
Ir11
day of January, 2024
15
EXHIBIT "1"
SCOPE OF SERVICES, PROJECT SCHEDULE, AND FEE SCHEDULE
16
December 4, 2023
REV December 5, 2023
REV December 8, 2023
REV December 12, 2023
REV December 15, 2023
REV January 12, 2024
Susan Simpson
Deputy City Manager
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL, 33160
Re: City of Sunny Isles Beach Building Department Relocation to Annex
a r c h i
e c t s
BEA Architects is pleased to submit the following proposal for Architectural and Engineering Services to prepare
Permit & Bid Documents for exterior and interior renovation for future location of City of Sunny Isles Building
Department, to be relocated from 18070 Collins Ave 3rd floor, Sunny Isles Beach, FL 33160 to the City of Sunny
Isles Annex Building located in 18050 Collins Ave, Sunny Isles Beach, FL 33160.
BEA Architects understands this is project is of expedited nature. This proposal with formatted a project delivery
approach for procurement of a Construction Manager, at Risk, with a Guaranteed Maximum Price (GMP)
through different construction packages.
DESCRIPTION OF SCOPE OF ITEMS:
A. Assessment of Existing Conditions: Perform Architectural, Structural, FP, and MEP analysis of existing
building conditions. Acquire as -built set of drawings from building department. Area of work is 8,216
sqft.
B. Prepare Construction Documents: Prepare permit package Architectural, Structural, FP, and MEP, LV
documents using the 2023 Florida Building Code, 8` Edition. Future Building Department renovation
shall include an assembly space intended for food and/or drink consumption, ready for any future
tenants' improvements, office spaces including a lobby with teller windows, cubicles, offices, meeting,
office call center, IT, storage area, breakroom, conference, and bathrooms. Also extend the wall and slab
along Collins to the south end of the building and add a ledge to have bar top seating. Coordination with
all agencies having jurisdiction and coordination with City of Sunny Isles Building Department. Drawings
will also include signage and wayfinding, and coordination of exterior building department sign on the
wall (design provided by the City).
C. Assist in Bid Administration: Prepare bid package including Architectural, Structural, FP, and MEP, LV
documents, assist with preparing bid requirements, respond to bidders RFI and issue addendums as
needed during bid phase. Coordinate with City of Sunny Isles and stakeholders to establish minimum
criteria from bidders.
D. Construction Administration: Perform construction administration services, ensuring contractor will
conform to design intents, meet owner expectations, and adhere to city and jurisdictional requirements.
'BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com
Tel: 305.461 .2053 www.beai.com AR 0012160
PHASES / SCHEDULE:
1. Phase I (Condition Assessment, Due Diligence, Programming & Planning Package):
Prepare property conditions assessments. Procure as-builts showing existing conditions.
Study Architectural, Structural, FP, MEP, LV conditions, and supporting infrastructure.
Review site and building documentation provided by Owner or Building Department. Site
visits to collect project data. Prepare Owner project program and refine for City approval.
Identify requirements for building modifications, and occupancies of proposed building
use. Identify code requirements, including utility connections.
a r
architects
2. Phase II (Demolition, Shell, and Foundation, 30% AE Drawings Package): Prepare Phased Permit
Package of construction containing the demolition, shell, and foundation scope of work. Submit package
to building department for permitting Coordination with All agencies having jurisdiction and respond to
building department comments. Development of 30% construction documents for remainder of AE
scope of work items, to be excluded from permitting, for Owner and stake -holders approval.
3. Phase III (Construction Documents 60% and Bidding GMP): Prepare 60% Construction Documents of
Architectural, Structural, FP, MEP, LV conditions to be included into bid package for the purpose of
procuring a General Contractor. Project Specifications to be included in the construction documents.
Assist owner with preparing bidding requirements and coordinate to establish minim criteria for
bidders; bid advertisement to be executed by Owner. Respond to bid RFI's and issue addendums, as
needed. Collaboration with Owner and stakeholders, and create final bids tabulation.
4. Phase IV (Construction Documents 100%): Upon written Notice to Proceed, prepare 100% percent
construction documents.. Meet with owner for review and approval. Coordinate with owner to maintain
within GMP provided by General Contractor.
Phase V (Permitting): Submit 100% construction documents as revision to building department.
Coordination with all Agencies Having Jurisdiction. Respond to building department comments. Owner
to issue approved building department drawings to Contractor.
6. Phase VI (Construction Administration & Close-out):
■ Attend pre-bid meeting
■ Attend pre -construction meeting
■ Attend Bi -weekly Construction Site Meetings
■ Review and respond to Contractor's RFIs
■ Perform Punch List Review
■ Provide Architect's certification of Substantial Completion
■ Perform Final Completion review; issue Final Completion Certificate
■ Prepare record documentation based on Contractor's mark-ups
■ Review Pay Requests
■ Review Change Orders
■ Assumed Period of Construction: 26 weeks
7. Phase VII (Onsite /Field Investigations & Observations): Perform site visits and support for field
investigations and observation, as needed throughout the development of construction.
BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com
Tel: 305.461 .2053 www.beai.com AR 0012160
Estimated Design/Production time period*:
■ PHASE I (Cond. Assess. & Due Diligence) —
■ PHASE II (Demo, Shell, Foundation, 30% AE Package) —
■ PHASE III (CD 60% & Bid) —
■ PHASE IV (CD 100%) —
■ PHASE V (Permitting) —
■ PHASE VI (Const Admin) —
*Time periods do not include City/Stakeholder review time for each submittal
PAYMENT TERMS:
■ PHASE I (Cond. Assess. & Due Diligence) —
■ PHASE II (Demo, Shell, Foundation, 30% AE Package) —
■ PHASE III (CD 60% & Bid) —
■ PHASE IV (CD 100%) —
■ PHASE V (Permitting) —
■ PHASE VI (Const Admin) —
DESIGN & CONSTRUCTION FEES:
■ A/E SERVICES
o Architecture.
o MEP
o Structural
o Civil,
o Surveying, Hourly Not To Exceed (NTE)
o Geotechnical
o Rendering (2 exterior, 2 interior)
o Onsite/Field Investigation
■ Architecture & Interior Design = $205/hour
■ Structural Engineering = $200/hour
■ MEP Engineering= $150/hour
o Second bid package (Demo package)
■ ADDITIONAL SERVICES
2 weeks
8 weeks
®IMAW-1
4weeks
architects
4 weeks
6 weeks
26 weeks (Approximately)
10%
20
20
20%
15%
15%
$82,825
$45,000
$10,000
$10,000
$10,400
$3,000
$6,000
$36,450 (allowance)
$4,600
o Project Spec Manual, Owner to provide Div. 1 $11,480
o FF&E Design $8,815
o Probable Construction Cost Opinion (30%, 60%) $7,585
o Record Drawings (Hard copy & Digital) $3,832.88
■ OPTIONAL SERVICES
o Value Assessment / Value Engineering (after GMP) $7,175
BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com
Tel: 305.461.2053 www.beai.com AR 0012160
REIMBURSABLE EXPENSES & ALLOWANCES:
1. 10% Design Contingency
$ 16,447
® ,
architects
NOTE: Additional reimbursable expenses other than those stated above are subject to prior written notice
of approval by the City.
EXCLUSIONS:
1. Zoning submittals or interface
2. Coordination with Owner for Art in Public Places.
3. Permit fees, permit submittal or expediting of permit
4. Off-site utilities or Off-site utility upgrades
5. MOT (by Contractor)
6. LEED, FGBC, or other Sustainable Building Certifications
7. Public Address (PA) system Design
8. Special Lighting Design
9. Construction Management or role as Owner Representative for General Contractor purposes.
NOTE: Above fees are LUMP SUM fees to be invoiced monthly or at a rate commensurate with completion of
scope of work items.
Please indicate your acceptance by signing/dating below and remitting by email.
We appreciate the opportunity to continue building our relationship and look forward to collaborating with City
of Sunny Isles in realizing this next project. Feel free to contact me at your convenience if you have any
comments of questions.
Sincerely,
r-�
i
Adrian Price, RA NCARB
Vice -President
BEA architects, Inc.
City of Sunny Isles
Accepted by:
Print Name:
Title:
Date: /
BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com
Tel: 305.461 .2053 www.beai.com AR 0012160
qtr `F4y\� ti
FC t FLSS �' �S
Tt OF say+
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Rick Labinsky, P.E., City Engineer
DATE: January 18, 2024
RE: Request to Approve an Agreement with BEA Architects, Inc. for the
Renovation of the City Hall Annex
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach is in need of an Architect to prepare plans to renovate the old Toni
Romas Restaurant to be converted to offices for the City Building Department and to also have a small
cafe style food service facility. BEA Architects, Inc. is a qualified consultant that has extensivE
experience in this subject matter. The Consultant has agreed to provide these services in an amount
not to exceed $263,609.88.
Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunni
Isles Beach ("City") and BEA Architects, Inc. ("Consultant") for Professional Architectural Servic(
pursuant to Request for Qualifications No. 20-07-01 and via Resolution No. 2021-3177, authorizes the
Consultant to provide such services.
Procurement Process:
Pursuant to Florida Statutes, architectural and engineering firms must be procured via Consultants'
Competitive Negotiation Act, FL Stat § 287.055. In line with Resolution 2021-3177, four architectura
firms were awarded a continuing services contract on an as -needed basis based on their
responsiveness and qualifications.
A "continuing contract" is a contract for professional services entered into in accordance with all the
Item Number: 10.M
328
procedures of this act between an agency and a firm whereby the firm provides professional services
to the agency for projects in which the estimated construction cost of each individual project under
the contract does not exceed $4 million, for study activity if the fee for professional services for each
individual study under the contract does not exceed $500,000. Firms providing professional services
under continuing contracts shall not be required to bid against one another.
According to Florida Statutes, the agency shall negotiate a contract with the most qualified firm for
professional services as compensation which the agency determines is fair, competitive, and
reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of
the professional services required in addition to considering their scope and complexity. Should the
agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified
at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm
must be formally terminated. The agency shall then undertake negotiations with the second most
qualified firm. Failing to accord with the second most qualified firm, the agency must terminate
negotiations. The agency shall then undertake negotiations with the third most qualified firm.
After carefully reviewing their qualifications, references, and comparing the cost of similar projects
from other agencies, BEA Architectural has been selected for recommendation of project award.
Positive references were received from Miami -Dade County Internal Services Department (2 project!
with the County) and from the City of Opa Locka. In response to Purchasing's survey, direct feedbacl
included "BEA Architects, Inc. have been professional and coordinated well with Miami Dade County."
Staff recommends to award and enter into an agreement with BEA Architects Inc. for the amount o.
$263,609.88.
ADDITIONAL INFORMATION:
Agreement to be submitted.
FUNDING SOURCE:
Funds have been appropriated in account no. 140-4-5150-463000-00000.
ATTACHMENTS:
Resolution
Item Number: 10.M
329
0
36-�'7p„ FLOOti. �y6
Tr of srK "
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
LTJ I41T/191:-11► I Pill MI
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager 7u
DATE: January 17, 2024
RE: Additional Information for Item # 10.M. Renovation of City Hall Annex with BEA
Architects, Inc.
BACKGROUND:
Continuing contracts for architecture, engineering, landscape architecture, surveying,
cartography/mapping services provide a timely and efficient means to acquire professional
services to support City operations. These procedures are consistent with the requirements of
Florida State Statute 287.055. These services must be procured via a Request for Qualifications
solicitation. Having Continuing Services Agreements in place provides flexibility in the selection
of services as the need occurs, while decreasing the selection time as services and vendors
retained through these agreements have already been evaluated by staff during the RFP process.
All awards of agreements for Architectural and Engineering services are done in accordance with
the Consultants Competitive Negotiation Act of Florida (CCNA).
287.055 Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties.—
A "continuing contract" is a contract for professional services entered into in accordance with all the
procedures of this act between an agency and a firm whereby the firm provides professional services to
the agency for projects in which the estimated construction cost of each individual project under the
.contract does not exceed $4 million, for study activity if the fee for professional services for each
individual study under the contract does not exceed $500,000, or for work of a specified nature as
outlined in the contract required by the agency, with the contract being for a fixed term or with no time
limitation except that the contract must provide a termination clause. Firms providing professional
services under continuing contracts shall not be required to bid against one another.
REASONS:
Per the above Statute, only projects which exceed the $500,000 in professional services, and $4
million in construction require a specific RFQ for the specific project. If the projects are within
the threshold estimates, a continuing services contract is the adequate procurement method.
Having Continuing Services Agreements in place provides flexibility in the selection of services as
the need occurs, while decreasing the selection time as services and vendors retained through
these agreements have already been evaluated by staff during the RFP process. All awards of
agreements for Architectural and Engineering services are done in accordance with the
Consultants Competitive Negotiation Act of Florida (CCNA).
The City issued Request for Qualifications (RFQ) Number 20-07-01, in which eleven vendors
responded. The city evaluated and short-listed four (4) firms as the most qualified, Perkins +
Will, M.C. Harry & Associates, Rodriguez Architects and BEA Architects.
ADDITIONAL INFORMATION:
• Required by Florida Statutes the city went through the CCNA process as this project is exactly
what the CCNA list of approved firms is intended for and they were qualified, highly
recommended and the cost was verified to be competitive in todays market.
• Purchasing requested references.
• The site is dormant and direction was provided to move forward expeditiously to bring this
project to fruition to get a building department and cafe opened.
• Utilizing the CCNA process, we saved the city an estimated 55 hours of combined staff time.
• This firm has proven success in designing both office space and restaurant space, received
positive reviews in both categories, and therefore is qualified to do the work without the expense
and administrative time to go through an additional bid process. Below is BEA's highlighted
experience developing these types of spaces for food/beverage consumption:
• Miccosukee Clubhouse — Full kitchen and bar establishment, and seating/eating area
renovation component
• Hibachi Grill — Full kitchen and bar establishment, and seating/eating area renovation
component
• Melbourne Airport VIP Lounge — Renovation of lounge area and integrated experience
with adjacent bar area
• City of Miami, Tower Theater Kitchen — New ongoing project with the renovation of
existing snack bar into full working kitchen for interior guests and exterior passerby's
• Opa-locka Fire Station Renovation — Ongoing project of renovation of Fire Station into
cafe area
• Various food courts at Miami International Airport (MIA)
• VIP Lounges at various cruise terminals