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HomeMy WebLinkAboutReso 2014-2293RESOLUTION NO. 2014- 22 q 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RJ BEHAR & COMPANY, INC. TO PROVIDE ADDITIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR SAMSON OCEANFRONT PARK, IN AN AMOUNT NOT TO EXCEED THIRTY -EIGHT THOUSAND THREE HUNDRED SIXTY -FOUR DOLLARS ($38,364.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 17, 2014 via Resolution No. 2014 -2229 the City Commission entered into an Agreement with RJ Behar & Company, Inc. to provide Engineering and Architectural Services for Samson Oceanfront Park, in an amount not to exceed One Hundred Three Thousand One Hundred Thirteen Dollars and Fifty Cents ($103,113.50); and WHEREAS, the City is now in need of additional Engineering and Architectural Design Services for stage and playground canopies at Samson Oceanfront Park, including additional mechanical, electrical and plumbing services, and landscape architecture services; and WHEREAS, RJ Behar & Company, Inc. expressed the ability and desire to provide these services and submitted a proposal; and WHEREAS, the City Commission wishes to approve the First Amendment to the Agreement with RJ Behar & Company, Inc. to provide these additional Engineering and Architectural Design Services in an amount not to exceed Thirty -Eight Thousand Three Hundred Sixty -Four Dollars ($38,364.00), bringing the total not to exceed amount to One Hundred Forty -One Thousand Four Hundred Seventy -Seven Dollars and Fifty Cents ($141,477.50), attached hereto as Exhibit "A ". 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 to Agreement. The City Commission hereby approves the First Amendment to the Agreement with RJ Behar & Company, Inc. to provide additional Engineering and Architectural Services for Samson Oceanfront Park, in an amount not to exceed Thirty -Eight Thousand Three Hundred Sixty -Four Dollars ($38,364.00), attached hereto as Exhibit "A„ Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment to Agreement. R2014- RJ Behar Agmt Eng And Arch Srvs Samson Park 1 st Amd To AgmtPage I of 2 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 will become effective upon adoption. PASSED AND ADOPTED this 18t1i day of September 2014. orman S. Edelcup, Mayor ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND LEG UEFICIENCY: City Attorney Moved by: �..�/ � 03 Seconded by: C-1-IDL,L- Vote: G -O Mayor Edelcup ✓ (Yes) (No) Vice Mayor Aelion _�7(YeS) (No) Commissioner Gatto V(Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) R2014- RJ Behar Agmt Eng And Arch Srvs Samson Park I st Amd To AgmtPage 2 of 2 O SJMN*'f [ I FIRST AMENDMENT TO THE AGREEMENT 3 BETWEEN THE CITY OF SUNNY ISLES BEACH AND R.J. BEHAR & COMPANY. INC. CONTRACT NO. C1314 -080 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and R.J. BEHAR & COMPANY, INC., executed this a -""day of e � , 2014, is made a part of the original Agreement between the parties dated April 17, 2014, ( "the Agreement "), between the City of Sunny Isles Beach ( "City") and R.J. Behar & Company, Inc., ( "Contractor ") attached hereto as Attachment "B" whose Federal Identification it is cn,5 - 095A 0-7 0 The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the original Agreement is hereby amended to include additional services required for engineering and architectural design services for stage and playground canopies at Samson Oceanfront Park, including additional mechanical, electrical and plumbing services, and landscape architecture services ( "Additional Services "), as set forth in Contractor's proposal, a copy of which is attached hereto and incorporated herein as Attachment "A ". 2. ADDITIONAL COMPENSATION. Section 4 of the original Agreement is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Thirty Eight Thousand Three Hundred Sixty Four Dollars ($38,364.00). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terns and conditions of the original Agreement between the parties, dated April 17, 2014 shall remain in full force and effect. 4. CONFLICTING PROVISIONS: The terms and conditions of this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, condition, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A" or "B ". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned ab WIT ;re SS: R.J. BEHAR & COMP , INC. i Javier Rodriquez, PE Print Name ATTEST: BY: , Jane A. Hines, MMC, City Clerk Signature and Title CITY OF SUNNY ISLES BEACH � /l GGG BY : LwoS. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL S I BY:L Hans ttinot, City Attorney Exhibit "A" 19 R. j.Behar & Company, Inc. Engineers • Planners Consultant Work Order Proposal — City of Sunny Isles Beach Supplemental #1 ENGINEERING AND ARCHITECTURAL SERVICES FOR SAMSON OCEANFRONT PARK R.J. Behar & Company, Inc. (RJ Behar) proposes to provide engineering and architectural services for improvements to Samson Oceanfront Park located at SR AIA (Collins Avenue) and NE 174th Street in the City of Sunny Isles Beach; pursuant to its Professional Services Agreement with the City of Sunny Isles Beach, Florida. I. PROJECT DESCRIPTION: The project consists of improvements to the existing Samson Oceanfront Park. This supplemental proposal is for additional services required for Architectural Design services for a stage and playground canopies, Structural Engineering services associated with the stage and playground canopies, additional MEP services and Landscape Architecture services to implement the conceptual site plan approved by the City. Additionally it includes additional contract management and coordination meetings associated with the additional scope. II. ENGINEERING SERVICES: 1.1 Contract Management This entails coordinating and managing the subconsultants and ensuring their compliance with project schedule and budget. 1.2 Coordination Meeting (with City Staff) The Consultant will attend (up to four) coordination meeting with the City's Staff. III. STRUCTURAL DESIGN SERVICES: This task includes the design and construction documents (Plans and calculations) for structural components, located throughout the park, composed of the following: New Playground and Stage (both with roof concrete structure), Seat Walls Entry walls and Beach Boardwalk. All components will be designed to meet the requirements of the Florida Building Code (Latest Edition) along with all others structural codes and trades and with the following loading criteria: Ultimate Wind Speed: 175 MPH Risk Category: II Wind Exposure: Cat. "C" Pile Foundation: 14 " Auger -cast Piles w/ Pile Caps & Grade Beams Work Order Proposal _Supplemental #I Samson Oceanfront Park Services City of Sunny Isles Beach Pagel of 3 a` EXHIBIT "A" R. j.Behar & Company, Inc. Engineers • Planner s IV. ARCHITECTURAL SERVICES: This additional scope is for the design and construction document preparation for a stage and stage roof and 2 canopies for the playground area. 1. Initial site visit to meet with the City officials, gather site information and pick up the existing paper working drawings. 2. Incorporate the existing drawing information into the CADD files to aid in the design of the project. 3. Composed Schematic Design (SD) of the new stage and stage roof and the new canopies for the playground to be used for presentation to the City for their approval, 4. Develop the SD into the final working, (permit) drawings that will be submitted for approval to the building department. 5. Assist in the procurement of all architectural permits. 6. Assist the City in the preparation of any changes needed to issue the drawings for construction the bid documents. V. MEP SERVICES: The scope of services is amended to include: Plumbing • Provide new water service to restrooms. • Provide new sanitary sewer to restrooms. Mechanical • Provide ventilation per code with exhaust fan. Electrical • Landscape lighting power. The additional MEP services will also include the following: 1. Two (2) Coordination meetings with Client and City of Sunny Isles Beach to establish the design criteria for electrical and site lighting. 2. Construction documents and specifications 3. Coordinate and conform to the applicable Building Codes and building departments. VI. LANDSCAPE ARCHITECTURAL 1. Hardscape Plans- that will include the layout, materials and finishes for walkways, entry walls and sign, playground equipment selection and surfacing, furnishings, and light fixture selection. We will prepare the necessary construction details for those items as described above. Structural design for new walls /columns will be by others, as will the lighting and electrical circuitry. Work Order Proposal _Supplemental 41 Samson Oceanfront Park Services City of Sunny Isles Beach Page 2 of 3 R.J.13ehar & Company, Inc. Engineers. Planner s 2. A Tree Disposition Plan. Based on the survey information provided, we will identify the trees and evaluate their suitability for removal, retainage or relocation. We will prepare a tree disposition plan that will indicate trees or palms to remain, be relocated or disposed of. This plan will tabulate the mitigation requirements if any. 3. A Planting Plan. The plan will indicate the location, size, quantity and quality of plant materials. Details of planting installation will be provided. 4. An Irrigation Plan, Notes & Details. The water source for this new system will be coordinated with the Civil Engineer, as we anticipate the use of potable water. We can evaluate the construction of a new well /pump to service the site, however this would require a water use permit from SFWMD, and we are not including that as part of our services. 5. Technical notes and details for tree disposition, planting and irrigation. 6. Coordination with all team members 7. Preparation of materials for permitting 8. Submit and assist in the processing of the Tree Removal Permit from Miami Dade's Regulatory and Economic Services Department 9. We assume that others will have the primary responsibility for the Building Permit Process, we will assist as it relates to our scope 10. Bidding Assistance We will prepare a submittal at 60% for review and coordination, and a Permit Set. Final construction documents will use the approved permitting plans as a basis and will be updated as needed for a complete construction/biddable set VII. COMPENSATION: Work Order Proposal _Supplemental #I Samson Oceanfront Park Services- City of Sunny Isles Beach Page 3 of 3,; SUNNY tE O .B CITY OF SUNNY ISLES BEACH AGREEMENT WITH R J BEHA R &COMPANY, INC. CONTRACT NO. C1314 -047 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this III day of fit, , 2014, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and R J BEHAR & COMPANY, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant ") whose Federal I.D. # is (5- oqs -,+o--] D RECITALS WHEREAS, in response to the City's Request for Qualifications No. 12 -04 -02 and Resolution No. 2013 -2046, Consultant was selected as one of four (4) firms selected to perform professional engineering services for various projects that may arise throughout the year; and WHEREAS, the City is in need of a consultant to provide professional engineering and architectural services for improvements to Samson Oceanfront Park located at SR A 1 A Collins Avenue and N.E. 174`h Street ( "Services "); and WHEREAS, Consultant has expressed the ability and desire to provide these Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to contract with Consultant to provide the Services, as more fully described in Attachment "A" which is attached hereto, and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed One Hundred Three Thousand One Hundred Thirteen Dollars Fifty Cents ($103,113.50). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. ATTACHMENT "B" C1314-047 R 1 BEHAR & Co City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of Services. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 16 and 17 entitled "Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed One Hundred Three Thousand One Hundred Thirteen Dollars Fifty Cents ($103,113.50) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A ", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the 2 C1314 -047 R 1 BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations. including, but not limited to. contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Professional Liability ( "Errors and Omissions ") insurance with minimum limits of One Million Dollars ($1,000.000.00) per occurrence. 3 C1314 -047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub- Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 4 C1314-047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set -off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 10. CONFIDENTIAL INFORMATION. The Consultant shall not. either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 5 C1314-047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Javier Rodriguez Consultant : R J Behar & Company, Inc. 6861 SW 1961h Ave., Ste. 302 Pembroke Pines, Florida 33332 Tel: (954) 680 -7771 12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 13. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 14. NON - DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates 6 C1314-047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 15. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he /she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents. representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors. mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 7 C1314 -047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to Consultant's proposal attached hereto as Attachment "A ". 19. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement, together with the terms and conditions set forth in Request for Qualifications No. 12 -04 -02 shall constitute the entire Agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. (remainder of page intentionally left blank) C1314 -047 R J BEHAR & CO.. INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. --1'601 J2���T Print Name ATTES BY: Jane Hines, IM MC, City Clerk 9 01314 -047 R J BEHAR & CU.. INC. R J BEHAR & COMP Y, INC. BY: Robert J. Bchar, P.E., PresidentJCEO CITY OF SUNNY ISLES BEACH BY: No an S. Edelcup, Mayor APPROV TO FORM AND LW =FFJCIENCY Ottinot City Attorney R.J.Behar & Company, Inc. Engineers • Planner s I r' Consultant Work Order Proposal — City of Sunny Isles Beach ENGINEERING AND ARCHITECTURAL SERVICES FOR SAMSON OCEANFRONT PARK R.J. Behar & Company, Inc. (RJ Behar) proposes to provide engineering and architectural services for improvements to Samson Oceanfront Park located at SR A i A (Collins Avenue) and NE 174th Street in the City of Sunny Isles Beach; pursuant to its Professional Services Agreement with the City of Sunny Isles Beach, Florida. I. PROJECT DESCRIPTION: The project consists of improvements to the existing Samson Oceanfront Park. The design services will include: survey, sewer line upgrades with an on -site lift station, ADA upgrades, sidewalk and curb cuts improvements, site lighting, miscellaneous site geometry corrections, existing restroom improvements, interior lighting improvements, electrical service upgrade to 3 phase, and Environmental Coastal Construction Control Line (CCCL) permitting. This proposal also includes a Conceptual Landscape Layout (CLL) to be used as the basis for Landscape Plan fees to be determined after approval of the CLL. Additionally this proposal establishes an allowance for geotechnical services that may be needed for the restroom improvements design. This proposal does not include post design/construction assistance services, which will be determined and negotiated at a later date. II. ENGINEERING SERVICES: 1.1 Site Visit and Assessment RJ Behar shall conduct one field visit in order to better familiarize staff with the location of existing facilities as well as site specific constraints due consideration during the conceptual planning of the proposed improvements. 1.2 Data Collection This task will include obtaining and reviewing existing right of way and utility information, reviewing Maintenance of Traffic (MOT) requirements, identifying permit requirements, etc. 1.3 Site Improvements Plan This task will include developing a master site plan based on the survey and providing vertical and horizontal control for all proposed improvements. 1.4 ADA Compliance Improvements This task will consist of evaluating the existing site for ADA deficiencies and developing details to bring the site up to compliance. 1.5 Covered Performance Area This will determine location of proposed covered performance area and prepare location to accommodate prototype /prefabricated structure. Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 1 of 6 ATTACHMENT "A" R.J.Behar & Company, Inc. Engineers • Planners 1.6 Utility Conflicts Special Design This task will include developing special conflict details to identify conflict resolution method between sewer line and other existing utilities. 1.7 Utility Coordination The Consultant will contact all utility owners in the project vicinity to ascertain the location of their utilities (if any). This information will be included in the plans to be utilized to identify potential conflicts. 1.8 General Notes Sheet This plan sheet will include all City required notes as well as specific instructions to the Contractor. 1.9 Sewer Connection Upgrades This task includes a plan view and vertical and horizontal controls for construction of the sewer line upgrade. 1.10 Lift Station Design This task includes the selection of the required pump size and selecting a suitable location within the site. 1.11 Lift Station Plan This task includes vertical and horizontal controls on plan view, sufficient to construct the structure to contain the selected pump and connection to sewer line. 1.12 Exterior Site Lighting Design This task includes an analysis of existing lighting and photometric calculations. 1.13 Exterior Site Lighting Plan The Consultant will prepare a plan sheet showing the location and power connections to proposed site lighting improvements. 1.14 Structural Design Structural design calculations, as may be needed, to construct the exterior shower wall extension. 1.15 Structural Details Plan details as may be needed for structural components of the exterior wall. 1.16 Specifications The technical specifications for the project will be prepared and formatted to comply with the City's front end documents. 1.17 Cost estimates The Consultant will develop an estimate of probable construction costs for the proposed design. A spreadsheet will be developed summarizing the results and identifying estimated quantities and anticipated unit prices. 1.18 Contract Management This entails coordinating and managing the subconsultants and ensuring their compliance with project schedule and budget. Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 2 of 6 R.J.Behar & Company, Inc. E n g i n e e r s • PI a n n e r s 1.19 Coordination Meeting (with City Staff) The Consultant will attend (up to four) coordination meeting with the City's Staff. 1.20 Permitting The Consultant will establish contact with FDOT District 6, Miami -Dade County, and City of Sunny Isles Beach to determine their requirements and conditions for project approval and procure all necessary permits. This does not include permit fees. 1.21 Workshop Support The Consultant will provide technical support during the workshop and presentation to commission, including a PowerPoint presentation and 2 Exhibit Boards. 1.22 Bid and Award Support RJ Behar will furnish the Contract Documents to the City for bidding, attend a prebid conference, address any inquiries from bidders, issue addenda as required and assist in the evaluation of bids. III. SURVEY SERVICES: Our survey subconsultant will perform a Boundary/Topographic Survey to include the following information; 1. Longitude will locate all walkways, sidewalks, buildings, light poles, and all other significant above - ground features within the survey corridor. 2. Longitude will establish the City of Sunny Isles Beach Bulkhead Line and the Erosion Control Line. 3. Longitude will collect elevations in an approximate 50 -foot grid throughout the survey limits. 4. All elevations shall be based on the North American Vertical Datum 1988 (NAVD88), unless the client prefers a different datum. IV. ARCHITECTURAL SERVICES: I. Initial site visit to meet with the City officials, gather site information and pick up the existing paper working drawings. 2. Incorporate the existing drawing information into the CADD files to aid in the design of the project. 3. Composed Schematic Design (SD) of the new bathroom additions of W/C and the new showers on the new wall to be used for presentation to the City for their approval, 4. Develop the SD into the final working, (permit) drawings that will be submitted for approval to the building department. 5. Assist the City in the preparation of any changes needed to issue the drawings for construction the bid documents. Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 3 of 6 , R.).Behar & Company, Inc. E n g i n e e r s • PI a n n e r s V. MEP SERVICES: The MEP subconsultants will produce construction documents and drawing specifications for lighting upgrades in vending area and restrooms and new electrical service for obtaining 3 phase power drop into site. The services shall include the following: 1. Two (2) Coordination meetings with Client and City of Sunny Isles Beach to establish the design criteria for electrical and site lighting. 2. Construction documents and specifications for electrical and site lighting, which include, but are not limited to, floor plans, schedules, risers, panels, details, etc. 3. Coordinate and conform to the applicable Building Codes and building departments. 4. Three (3) sets of signed and sealed permit documents. Additional sets to be billed as reimbursable. 5. Progress /Coordination meetings with Client/Owner for design. 6. Light fixture selection and placement is included. VI. ENVIRONMENTAL PERMITTING: Task 1 — Vegetation and Habitat Assessment This task includes a desktop review of potentially regulated resources and conducting a site assessment to document the presence /locations of vegetative communities within the project area, including beach dune, coastal strand, hammock, wetland and exotic vegetation. E Sciences will assess the potential for impacts to sea turtles due to existing and proposed lighting and changes to the park's landscaping. Findings will be prepared in a memorandum for use in permitting, along with a figure depicting vegetative communities or habitat. Task 2 — Plans Review and Comments E Sciences will review the proposed plans and comment on aspects that we identify as unlikely to be in compliance with FDEP and FWC guidelines, as well as Chapter 108, Article III of the City of Sunny Isles Beach Code of Ordinances. If requested, E Sciences will red line the plans and suggest modifications. Recommendations may include lighting options that have been preapproved by the FWC as sea turtle friendly. Task 3 — Permitting and Agency Coordination E Sciences will complete the permit applications and prepare the permit application packages with information provided by the survey /design team. Information that will need to be provided to E Sciences includes: 1. Ownership documentation, 2. Evidence that the project does not contravene local setback requirements and zoning codes, Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 4 of 6 R.J.Behar & Company, Inc. Engineers • Planners 3. Site survey with information as required in 6213- 33.0081 FAC, 4. Lighting plans, 5. Site plans, 6. Grading plans, 7. Cross sections, 8. Drainage calculations, 9. Construction schedule, and 10. Planting plans. E Sciences will submit the application package and coordinate with the FDEP and FWC. This scope includes one response to Requests for Additional Information (RAI). Responses to the RAIs within this scope are limited to clarification of information previously submitted. Should one of the agencies request additional information or studies that were beyond the scope of this proposal (e.g. a nighttime light survey or design modifications that affect the permit), we will inform you that a modification in our scope and price may be required. The scope will include one site meeting with agency staff to review site conditions and proposed improvements. We will attempt to meet with both agencies during the meeting. If multiple inspections are necessary, this will be beyond the scope of services. VII. LANDSCAPE ARCHITECTURAL This task establishes an allowance to be invoiced hourly as needed to attend meetings with City staff and assist in the development of a "Tree Survey ". VIII. GEOTECHNICAL SERVICES: This task establishes an allowance to be used as needed in support of structural design. IX. COMPENSATION: Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 5 of 6 Site Visit and Assessment 1.1 $ 1,220.00 1.2 Data Collection $ 868.00 1.3 Site Improvements Plan $ 4,176.00 1.4 ADA Compliance Improvements $ 3,484.00 1.5 Covered Performance Area $ 3,308.00 1.6 Utility Conflicts Special Design $ 2,088.00 1.7 Utility Coordination $ 1,220.00 1.8 General Notes Sheet $ 5,044.00 1.9 Sewer Connection U rades $ 3,484.00 1.10 Lift Station Design $ 4,314.00 1.11 Lift Station Plan $ 3,570.00 Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 5 of 6 R.J.Behar & Company, Inc. ' ' - E n g i n e e r s • P1 a n n e r s 1.12 Exterior Site Lighting Design $ 3,446.00 1.13 Exterior Site Lighting Plan $ 3,622.00 1.14 Structural Design $ 1,736.00 1.15 Structural Details $ 2,578.00 1.16 Specifications $ 5,182.00 1.17 Cost Estimate $ 3,893.00 1.18 1 Contract Management $ 4,314.00 1.19 Coordination Meetings $ 1,736.00 1.20 Permitting $ 6,471.00 1.21 Public Involvement/ Workshop Support $ 4,314.00 1.22 Bid and Award Support $ 963.00 r.... II Surve $ 3,600.00 III Architectural $ 7,037.50 IV MEP $ 7,250.00 V Environmental CCCL $ 6,945.00 VI Landscape Architecture $ 5,000.00 VII Geotech $ 2,000.00 Work Order Proposal Samson Oceanfront Park Services City of Sunny Isles Beach Page 6 of 6 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Bill Evans, Assistant City Manager DATE: 9/18/2014 RE: Resolution Approving a First Amendment with RJ Behar & Company, Inc. for Additional Professional Services for Improvements to Samson Oceanfront Park RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: In April 2014, City Commission approved Resolution 2014 -2229 awarding a contract to RJ Behar & Company, Inc for Professional Services for Improvements to Samson Oceanfront Park The authorized scope of services included expanding the public restrooms, installing a properly sized and routed sanitary sewer lateral, constructing a new performance area, preparing concept plans to upgrade the hardscape and landscaping features, wall and signage enhancements and replacing the existing deteriorated site lighting and associated electrical system. This contract amendment provides for Additional Services to this previously approved contract, for the design of concrete roof structures over the stage and playground and new water service to the restroom. As part of this proposed scope, landscape and hardscape plans will be prepared from the approved concepts for the park. Construction phase services will be determined at a later date. FUNDING SOURCE: Amount not to exceed Thirty -eight thousand, three hundred and sixty four dollars ($38,364.00) from account no. 20.600 -5614. ATTACHMENTS: . Resolution . First Amendment Agenda Item No. IOL Date 9/18/2014 295