HomeMy WebLinkAboutReso 2024-3754RESOLUTION NO. 2024 - :5 �J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PROJECT AGREEMENT WITH RODRIGUEZ ARCHITECTS,
INC., TO PROVIDE CONSTRUCTION ADMINISTRATION SERVICES AND SPECIAL
STRUCTURAL INSPECTION SERVICES FOR A NEW STRUCTURE TO BE LOCATED
AT THE INTRACOASTAL SPORTS PARK, IN AN AMOUNT NOT TO EXCEED
SIXTEEN THOUSAND TWENTY-EIGHT DOLLARS ($16,028.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the property located at
15800 Collins Avenue, known as the Intracoastal Sports Park ("Property"); and
WHEREAS, on February 18th, 2021, via Resolution No. 2021-3177, the City Commission
short listed four (4) architectural firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RFQ'), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested professional architectural services as one of several
disciplines listed in the RFQ; and
WHEREAS, Rodriguez Architects, Inc. ("Firm") was one of the four (4) firms short listed
to provide professional architectural services 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 construction administration services
and special structural inspection services (the "Services") for a new structure at the Property
("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 Services and
has submitted a proposal; and
WHEREAS, the City Commission wishes to enter into a Project Agreement with the Firm
to provide the Services for the Project, in an amount not to exceed Sixteen Thousand Twenty -
Eight Dollars ($16,028.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
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Section 1. Approval of Project Agreement The City Commission hereby approves a Project
Agreement with Rodriguez Architects, Inc. to provide construction administration services and
special structural inspection services for a new structure at the property located at the
Intracoastal Sports Park, in an amount not to exceed Sixteen Thousand Twenty -Eight Dollars
($16,028.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. _Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21St day of November, 2024.
ATTEST:
Mauric'to Betancur, �MC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
e
A`ain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: ea /�;/9A(.-� 1t3 HSeconded by:
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
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PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
RODRIGUEZ ARCHITECTS, INC.
For
NEW STRUCTURE AT INTRACOASTAL SPORTS PARK
Pursuant to the provisions contained in the Continuing Services Agreement between the
City'of Sunny Isles Beach ("City") and Rodriguez Architects, Inc. ("Consultant") for Professional
Architectural Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred
to as "Continuing Services Agreement") dated July 13, 2021, this Project Agreement (hereinafter
referred to as "Agreement") authorizes the Consultant to provide the services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated July 13, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project more particularly described
in EXHIBIT "1" (hereinafter referred to as "the Project") and is licensed to practice
architecture by all public entities having jurisdiction over the Consultant and the Project.
The Consultant further represents to the City that the Consultant will maintain all necessary
licenses, or other authorizations necessary to act as Consultant for the Project until
Consultant's duties hereunder have been completed. The Consultant shall be responsible
for providing all necessary subconsultants required for the successful completion of the
work as outlined in EXHIBIT "1," Scope of Services. The Consultant assumes full
responsibility to the City for the improper acts, negligence, and omissions of its
subconsultants and of all others employed or retained by the Consultant in connection with
the Project.
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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 regulation in order to ensure that the Project meets applicable building codes.
2.2.4 The Consultant shall provide City with preliminary space plans, Permit Sets signed and
sealed by Consultant's sub -consultant, specifications, drawings, and other documents.
2.2.5 The Consultant shall prepare, from the approved Feasibility Study/Program Verification,
the Schematic Design Studies to achieve a design solution acceptable to the City. The
Design Studies shall consist of drawings, concepts, organization, orientation, and an
engineering narrative based on the on-site walk thru assessment.
2.2.6 The Consultant shall provide the Schematic Design Studies to the City for review and
comments.
2.2.7 The Consultant shall provide project coordination including but not limited to, staff
conferences, meetings with City or City's Representatives, and analysis reports regarding
building codes and utilities analysis that conform to plan requirements.
2.2.8 The Consultant shall prepare the Design Development Documents from the approved
Schematic Design. The Design Development Documents shall consist of drawings and
other documents, including specifications, to fix and describe the size and character of the
Project. Documents will include but are not limited to floor plans, interior
elevations/millwork profiles, character of Project as to type of materials, mechanical and
electrical systems analysis, and other work as required for construction of the Project.
2.2.9 Consultant shall provide Final Design Development services based on approval of the
Schematic Design Package.
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2.2.10 Consultant shall engage in progress reviews with City's Representative at fifty percent
(50%) and one hundred percent (100%) completion of the design stage.
2.2.11 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.3 PHASE 2: CONSTRUCTION DOCUMENTS
2.3.1 The Consultant shall prepare, from the approved Design Development Phase, Contract
Documents consisting of Drawings and Specifications. Consultant will describe in detail
Project analysis, including but not limited to: quality levels of materials and systems and
other requirements for the Contractor's construction of the Project that is approved by the
Design Development Set.
2.3.2 Consultant shall coordinate Project with City or City's Representative.
2.3.3 Consultant shall prepare documentation of systems and coordination of consultants as to
the structural, mechanical, fire protection, telecommunications, and related equipment of
the Project.
2.3.4 Consultant shall prepare Construction Documents, including but not limited to: floor plans,
plans and description of Project systems; structural, mechanical, and electrical analysis,
interior elevations, millwork profiles, reflected ceiling systems, and lighting for Project.
Consultant shall also prepare reporting as to project materials identification, mechanical
and electrical systems analysis, and other work as required for construction of the Project.
2.3.5 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.3.6 The non-technical documents consisting of the necessary bidding information, General
Conditions of the Contract, including any Supplementary Conditions, proposal and
contract form shall be prepared by City. The Consultant shall review, respond to questions,
and provide the City his comments on these documents. Such documents shall not place
any responsibility or obligation on the Consultant that are not already in this contract.
2.3.7 The Consultant will provide the City with two copies of the documents for each Bid Group,
which shall be properly sealed and forwarded to the Project Director. Copies of the
Contract Documents for the Consultant's use will be the responsibility of the Consultant.
Upon approval of the Contract Documents, the Consultant will furnish the City with 2
copies of the CADD Documents.
2.3.8 Upon approval by the Project Director for the Contract Documents for each Bid Group, the
Consultant shall furnish to the Contractor printed copies of the Contract Documents or any
permissible form agreed upon by the parties.
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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)
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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.
2.6 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. Nevertheless, the Consultant shall provide such
services as related to the Project if authorized in writing by the City prior to the
performance or furnishing of same, and, unless otherwise specified in this Agreement, said
services shall be paid for by the City as provided hereinafter.
2.6.1 Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written direction by the City previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents and not reasonably anticipated, or are due to other causes not within the control
or responsibility of the Consultant, either in whole or in part.
2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders,
provided that such Change Orders are issued by the City due to causes not within the
control or responsibility of the Consultant, either in whole or in part.
2.6.3 Providing services concerning repair or replacement of work damaged by fire or other
cause during construction provided that such services are required by causes not the
responsibility of the Consultant, either in whole or in part.
2.6.4 Providing services made necessary solely by the default of the Contractor or defects or
deficiencies in the work of the Contractor.
2.7 SERVICE SCHEDULE
2.7.1 The Consultant shall perform its services expeditiously within two (2) years from the
City's Notice of Commencement. The Consultant may, however, submit for the City's
approval a schedule for the performance for the Consultant's services that shall include
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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 "1". 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 a time 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
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
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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 "1". 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:
FUNCTION
Lourdes Rodriguez President
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Construction Contract.
3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with
the Construction Contract, or of any errors, omissions or inconsistencies in the
drawings or specifications, prompt notice thereof shall be given by the City to the
Consultant.
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
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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 $5,290.00 based on
the remaining services rendered pursuant to Sections 2.2 through 2.5 and EXHIBIT 441,"
Scope of Services, of this Agreement by allocating the estimated percentage of work for
each of the phases set forth in Section 5.2. The foregoing contract amount of $5,290.00
was previously approved by the City Commission on May 19, 2022, via Resolution
No. 2022-3338, and no additional funds are allocated as a result of this Project
Agreement. 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 remaining work completed for each of the following phases:
Phase 3. Bidding-Permitting......................................................................... $1,300.00 5%
Phase 4. Construction Administration.......................................................... $3,900.00 15%
5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an
amount not to exceed $5,000.00, compensated as follow pursuant to the Fee Schedule
contained in EXHIBIT "1."
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.
Page 11 of 16
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.
6.2.1.1Reasonable expenses of. mileage reimbursement in accordance with Chapter 112,
Florida Statutes; fees paid for securing approval of authorities having jurisdiction over
the Project; actual cost of reproduction, postage and handling of drawings,
specifications and other documents; renderings, models and mock-ups requested by the
City; additional insurance coverage or limits, including professional liability insurance,
requested by the City in excess of that required in the Request For Qualifications. The
Consultant shall only be reimbursed for the direct cost of the item without additional
mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable
expense.
SECTION 7 TERM
7.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall continue in full force and effect for the term of two (2) years, unless otherwise
terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement.
SECTION 8 TERMINATION
8.1 TERMINATION FOR CAUSE
8.1.1 This Agreement may be terminated by either party upon seven (7) days' written notice
to the other should such other party fail substantially to perform in accordance with its
material terms through no fault of the party initiating the termination. In the event of a
termination for cause, the Consultant shall be entitled to receive compensation for any
work completed pursuant to the Agreement to the satisfaction of the City through the
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
Page 12 of 16
410
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.
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.
Page 13 of 16
411
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.
AUTHENTIC TION:
City Cl�rk
Mauricio Betancur
(SEAL)
CITY
CITY OF SYNNY ISLES BEACH, FLORIDA
Larisa Svechin, Mayor
Zay of November, 2024.
Approved as to form for the City:
By: �
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Page 14 of 16
412
AUTHENTICAT
!� i Y
Secretary
MigiiPl A R2rigua7 FAIA
Please type name of Secretary
CONSULTANT
RODRIGUEZ ARCHITECTS, INC.
day of November, 2024
(CORPORATE SEAL)
Page 15 of 16
EXHIBIT "1"
SCOPE OF SERVICES, FEE SCHEDULE & PROPOSAL
Page 16 of 16
414
PROPOSAL TO FURNISH PROFESSIONAL SERVICES TO
THE CITY OF SUNNY ISLES BEACH
CONTINUING SERVICES AGREEMENT
NEW STRUCTURE AT RITZ CARLTON TRAILER SITE
SUNNY ISLES BEACH, FLORIDA
Date: 28 November 2022
Submitted to: Mr. Richard Labinsky, PE Project:
New Structure at
15800 Collins Ave.
Architect's Project No. 2217
City of Sunny Isles Beach Project No. Pending
The Architect: RODRIGUEZ ARCHITECTS, INC.
2121 Ponce de Leon Blvd., Suite 1010
Coral Gables, Florida 33134
Is pleased to provide:
The client: City of Sunny Isles Beach
Public Works Dept.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
The following is request for approval of fees for Basic Architectural/Engineering Services, per the Contract as indicated above.
SECTION 1 - PROJECT DESCRIPTION:
The project location is 15800 Collins Avenue and is currently used as a sales center for the Ritz Carlton. The site
consists of an existing one-story trailer -type building and a 20 -space asphalt parking area. The existing trailer will be
removed from the site and the existing parking area will remain. The City of Sunny Isles Beach would like to erect a
new building, maximum of 1,000 sq. ft. RAI will provide complete Architectural, Structural, Plumbing, Mechanical
and Electrical Engineering services for the design, interior fixture and finishes selections, construction documents and
construction administration for the project.
SECTION 2 - SCOPE OF WORK:
The A/E will assist The City of Sunny Isles in accomplishing project goals by providing Professional A/E basic services as
per our Agreement.
The Scope of Work assumes the following:
1. A new one-story structure to meet all Florida Building Code requirements. The new structure will house:
• Max. 1,000 sq. ft.
• Office space for two (2) employees
• One (1) Uni-Sex Toilet Room
• Maintenance / Storage Area
2. Design of the new masonry walls, concrete beams and roof structure.
3. Design and selection of new toilet room fixtures and finishes, selection of all interior and exterior finishes.
The new structure will be ADA accessible.
The sub -consultants will be as follows:
Structural Engineers: DDA Engineers, P.A.
Mechanical, Plumbing and Electrical Engineers: SGM Engineers, Inc.
SECTION 3 - BASIC SERVICES (per continuing contract agreement):
Phase II — Preliminary Design Services
Phase III - Construction Documents Services
Phase IV - Bidding and Permitting Services
Phase V - Construction Administration Services
RODRIGUEZ ARCHITECTS, INC.
415
Proposal to Furnish Professional Services
City of Sunny Isles — Ritz Carlton Trailer Site
New Building
Architect's Project No. 2217
Page Two
SECTION 4 — PRELIMINARY ESTIMATE based on initial site information:
$300,000.00 +/-
SECTION 6 - PROPOSED SCHEDULE:
Complete Project Schedule:
• Field Investigation —1 week
• Design/Construction Documents —100%— 8 weeks
• Bidding -Permitting — 4 weeks
• Construction Administration — 8 months
SECTION 7 - COMPENSATION:
The City of Sunny Isles Beach, FL shall pay the Architect for the Basic Services as described above a Stipulated Fixed
Sum of Twenty -Six Thousand Dollars ($26,000.00).
The proposed fee is applicable to each phase of the services as follows:
Preliminary Design 10% $2,600.00
Construction Documents — 100% 70% $18,200.00
Bidding -Permitting 5% $1,300.00
Construction Administration 15% $3,900.00
Total: $26,000.00
Additional Services (if needed — NTE) $5,000.00
Reimbursables (NTE) $1,000.00
Total: $6,000.00
Grand Total:
isubmitted;
1Z ARCHITECTS, INC
$32,000.00
RODRIGUEZ ARCHITECTS, INC.
416
Mr. Richard Labinsky, PE
City of Sunny Isles Beach, FL
Public Works Dept.
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Mr. Labinsky:
As requested, the following is a detailed hourly rate fee structure used in conjunction with the fee
proposal sent under separate cover.
CATEGORY HOURLY RATES
• Principal
$ 200.00
• R.A.
$ 160.00
• P.E.
$ 160.00
• Landscape Architect
$ 160.00
• Senior Project Manager
$ 145.00
• Project Manager
$ 135.00
• Project Engineer
$ 110.00
• Junior Engineer
$ 95.00
• Junior Architect
$ 95.00
• CADD Technician
$ 80.00
• Clerical
$ 55.00
• Construction Inspector
$ 110.00
• Multiplier
2.9
Please advise if more information is required.
Regards,
cri
David M. Shewairy, Assoc. AIA
RODRIGUEZ ARCHITECTS, INC.
2121 PONCE DE LEON BLVD., STE. 1010
CORAL GABLES, FL 33134
TEL.: (3 0 5) 4 4 8- 3 3 7 3
FAX: (3 0 5) 4 4 8— 3 3 7 4
MEMBERS
AMERICAN INSTITUTE
OF ARCHITECTS
An Affirmative Action / Equal Opportunity En 417
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: November 21, 2024
RE: Request to Approve an Agreement with Rodriguez Architects for
Architectural Services and Special Structural Inspection Services for the
Construction Administration of a New Office Building at Intracoastal Sports
Park
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach approved Rodriguez Architects to perform architectural design services
for an office building at Intracoastal Sports Park with Resolution 2022-3338 in the amount of
$27,000.00. The design has been completed and the project was bid and awarded for construction. Staff
is recommending approval of this agreement for construction administration services and special
structural inspection services for the project for the duration of the construction schedule. The original
contract with Rodriguez Architects for the design services has expired, the original contract amount was
$27,000.00 of which $4,900.00 was remaining. The Consultant has provided a new proposal for these
services and has agreed to provide these services in an amount not to exceed $16,028.00 for
construction administration and for special structural inspections.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-6-5720-465000-40005.
ATTACHMENTS:
Resolution
Project Agreement
Item Number: 9.K
396