HomeMy WebLinkAboutReso 2024-3752RESOLUTION NO. 2024 - J 71!��
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PROJECT AGREEMENT WITH RODRIGUEZ ARCHITECTS,
INC., TO PROVIDE ADDITIONAL PROFESSIONAL ARCHITECTURAL SERVICES FOR
A NEW STRUCTURE AT THE PROPERTY LOCATED AT BELLA VISTA PARK, IN THE
UNEXPENDED AMOUNT NOT TO EXCEED FOURTEEN THOUSAND FIVE
HUNDRED FIFTY DOLLARS AND NO CENTS ($14,550.00), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the property located at
500 Sunny Isles Boulevard, known as Bella Vista Park ("Property"); and
WHEREAS, on February 181h, 2021, via Resolution No. 2021-3177, the City Commission
short listed four (4) architectural firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RFQ"), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested professional architectural services as one of several
disciplines listed in the RFQ; and
WHEREAS, Rodriguez Architects, Inc. ("Firm") was one of the four (4) firms short listed
to provide professional architectural services ("Services") to the City, and entered into a
Continuing Services Agreement to provide said Services on an as needed basis; and
WHEREAS, on October 20, 2022, via Resolution No. 2022-3419, the City Commission
approved a Project Agreement with the Firm to provide the Services for a new structure at the
Property to serve as a marine patrol and parks operations office ("Project"), in an amount not to
exceed $37,500.00; and
WHEREAS, on July 20th, 2023, via Resolution No. 2023-3522, the City Commission
approved a Second Amendment to the Agreement with the Firm to provide additional Services
due to an increase in square footage of the Project, in an amount not to exceed $11,250.00; and
WHEREAS, the Project Agreement approved via Resolution No. 2022-3419 has expired,
with a remaining funds in the amount of $14,550.00; and
WHEREAS, the City Manager has determined that the City continues to require the
Services of the Firm to move toward completion of the Project; and
WHEREAS, the Firm has expressed the ability and desire to continue providing these
Services; and
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WHEREAS, the City Commission wishes to approve a Project Agreement with the Firm to
continue providing the Services for the Project, in the unexpended amount not to exceed
Fourteen Thousand Five Hundred Fifty Dollars and No Cents ($14,550.00), attached hereto as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Project Agreement. The City Commission hereby approves Project
Agreement with Rodriguez Architects, Inc. to provide professional architectural services for a
new structure at the property located at 500 Sunny Isles Boulevard, in the non -expended
amount not to exceed Fourteen Thousand Five Hundred Fifty Dollars and No Cents ($14,550.00),
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 211t day of N
Larisa Svechin, Mayor
ATTEST:APPROVED AS TO FORM
A , A AND LEGAL SUFFICIENCY:
Maun ioIhetan` ur, CMC, City Clerk Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: 4�e �� Seconded by: —(� W�12AI60-
Vote:
Mayor Svechin
(Yes)
(No)
Vice Mayor Lama
Commissioner Joseph
(Yes)
(No)
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@540B062F.doc
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PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
RODRIGUEZ ARCHITECTS, INC.
For
NEW STRUCTURE AT BELLA VISTA PARK
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Rodriguez Architects, Inc. ("Consultant") for Professional
Architectural Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred
to as "Continuing Services Agreement") dated July 13, 2021, this Project Agreement (hereinafter
referred to as "Agreement") authorizes the Consultant to provide the services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated July 13, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project more particularly described
in EXHIBIT "1" (hereinafter referred to as "the Project") and is licensed to practice
architecture by all public entities having jurisdiction over the Consultant and the Project.
The Consultant further represents to the City that the Consultant will maintain all necessary
licenses, or other authorizations necessary to act as Consultant for the Project until
Consultant's duties hereunder have been completed. The Consultant shall be responsible
for providing all necessary subconsultants required for the successful completion of the
work as outlined in EXHIBIT "l," 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: [Omitted]
2.3 PHASE 2: [Omitted]
2.4 PHASE 3: PERMITTING, BIDDING, & NEGOTIATION
2.4.1 The Consultant shall acknowledge that the City or City's Representative will administer
the solicitation of bids to prequalified contractors as determined by City.
2.4.2 The Consultant shall provide permit set coordination and project coordination including
but not limited to, staff conferences, provision of bidding/proposal documents,
reproduction of bidding/proposal documents, analysis of alternative bid submissions, pre-
bid conference evaluations, bid proposal review and negotiation meetings.
2.4.3 The Consultant, consulting with the City, shall prepare necessary addenda to each Bid
Group and provide copies of each as appropriate to the Contractor. All addenda, prior to
distribution, shall be approved by the Project Director. Copies of each addendum, properly
sealed, shall be forwarded to the Project Director.
2.4.4 The Consultant shall attend two (2) General Contractor bid review meetings as requested
by City.
2.4.5 The Consultant shall review and respond to questions from bidding contractors and develop
any addenda drawings to address concerns as needed by the City.
2.4.6 The Consultant will assist the City in evaluating all bids received and provide comment
and recommendation to the City on each proposed authorization for work in connection
with the Project.
2.5 PHASE 4: CONSTRUCTION ADMINSTRATION
2.5.1 Construction Phase — Administration of the Construction Contract Work under Contract to
Contractor.
2.5.2 The Consultant shall represent the City during construction and shall facilitate all
instructions and other appropriate communications between the City and the Contractor,
which shall be communicated through the Consultant. The Consultant shall act on behalf
of the City only to the extent provided herein and in the Construction Contract.
2.5.3 The Consultant shall act as City's advocate during field observations, Project submittal
review, work modifications, and constructor Payment Applications.
2.5.4 The Consultant shall receive submittals such as Shop Drawings, Product Data and Samples
from the Contractor and shall review and approve or take other appropriate action upon
them, but only for the limited purpose of checking for conformance with the design concept
of the Project and with the information given in the Contract Documents. Review of such
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submittals is not for the purpose of determining the accuracy and completeness of other
information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. The Consultant's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the
Consultant, of any construction means, methods, techniques, sequences or procedures.
Such action shall be taken with reasonable promptness so as to cause no unreasonable
delay. The Consultant's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. The review period shall be within two (2)
weeks per submission. Field modifications due to design flaws shall not be charged to the
City.
2.5.5 The Consultant shall obtain permits from all required agencies for the Project.
2.5.6 The Consultant shall provide periodic Construction Administration visits to the site to
become generally familiar with the progress and the general quality of the Work and to
determine in general if the Work is proceeding in accordance with the Contract Documents.
On the basis of such on-site observations of the Consultant, the Consultant shall keep the
City informed of the progress and the general quality of the Work, and shall endeavor to
guard the City against defects and deficiencies observed in the Work of the Contractor.
2.5.7 The Consultant shall provide City with five (5) full size copies of plans, including two (2)
Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings,
and other documents.
2.5.8 Construction Administration visits shall be a one (1) visit every two (2) weeks, unless
- modified by City and Consultant, for the duration of the construction/fabrication period
and up to six (6) months. Consultant shall include one (1) Punch List review during the
Construction Administration phase of Project.
2.5.9 The Consultant shall attend construction meetings on site with City's Representative,
Consultant & Contractor (OAC Meetings), and shall produce meeting minutes no later than
four (4) days after said meeting.
2.5. 10 Unless otherwise provided in this Agreement and incorporated in the Contract Documents,
the Consultant shall provide administration for the Construction Contract as set forth below
and in the Conditions of the Contracts for Construction, as developed by the Contractor
with the approval of the Consultant and City.
2.5.11 The Consultant shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, for acts or omissions of the
Contractor, subcontractor or any other persons performing any of the Work, or for failure
of any of them to carry out the Work in accordance with the Contract Documents. The
Consultant shall not be responsible for the Contractor. The Consultant shall at all times
have access to the Work wherever it is in preparation or progress.
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2.5.12 Based on the Consultant's observations at the site, the recommendations of the Contractor
and an evaluation of the Application for Payment, the Consultant shall determine the
amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts,
as provided in the Contract Documents.
2.5.13 The issuance of a Certificate for Payment shall constitute a representation by the Consultant
to the City, based on the Consultant's observation at the site and on the data comprising
the Application for Payment that Work has progressed to the point indicated; that, to the
best of the Consultant's knowledge, information and belief, the quality of Work is in
accordance with the Contract Documents (subject to an evaluation of Work for
conformance with the Contract Documents upon Substantial Completion, to the results or
any subsequent tests required by or performed under the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion, and to any
specific qualifications stated in the Project Certificate for Payment); and that the Contractor
is entitled to payment in the amount certified. However, the issuance of a Certificate for
Payment shall not be a representation that the Consultant has made any examination to
ascertain how or for what purpose the Contractor has used the monies paid on account of
the Contract Sum.
2.5.14 Should disagreement occur between the Contractor and Consultant over acceptability of
work and conformance with the requirements of the specifications and plans, the Project
Director shall be the final judge of performance and acceptability.
2.5.15 All interpretations and decisions of the Consultant shall be consistent with the intent of,
and reasonably inferable from, the Contract Documents, and shall be in writing or in
graphic form.
2.5.16 The Consultant's decision with the consent of City in matters relating to artistic effect shall
be final if consistent with the intent of the Contract Documents. The Consultant's decisions
on any other claims, disputes or other matters, including those in question between the City
and the Contractor, shall be subject to claims provisions provided in this Agreement and in
the Contract Documents.
2.5.17 The Consultant shall recommend to the City to reject work, which does not conform to the
Contract Documents. Whenever, in the Consultant's reasonable opinion, it is necessary or
advisable to insure conformance with the provisions of the Contract Documents, the
Consultant shall have authority to require special inspection or testing of Work in
accordance with the provisions of the Contract Documents, whether or not such work be
then fabricated, installed or completed; but the Consultant shall take such action only after
consultation with the Contractor and City.
2.5.18 If the Contract Documents specifically require the Contractor to provide professional
design services or certifications by a design professional related to systems, materials or
equipment, the Consultant shall specify the appropriate performance and design criteria
that such services must satisfy. The Consultant shall review Shop Drawings and other
submittals related to the Work designed or certified by the design professional retained by
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the Contractor that bear such professional's seal and signature when submitted to the
Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and
completeness of the services, certifications and approvals performed or provided by such
design professionals.
2.5.19 The Consultant shall review and approve or take other appropriate action on Change Orders
prepared by the Contractor for the City's authorization in accordance with the Contract
Documents.
2.5.20 The Consultant shall have authority to order minor changes in Work not involving an
adjustment in a Contract Sum or an extension of a Contract Time and which are not
inconsistent with the intent of the Contract Documents. Such changes shall be effected by
written order issued to the Contractor endorsed by the Project Director.
2.5.21 The Consultant, assisted by the Contractor, shall conduct inspections to determine the dates
of substantial completion and final completion and shall issue appropriate Certificates.
2.5.22 The Consultant shall assist the Contractor in receiving and forwarding to the City written
warranties and related documents assembled by the Contractor.
2.5.23 The extent of the duties, responsibilities and limitations of authority of the Consultant as a
representative of the City during construction shall not be modified or extended without
the written consent of the Consultant and the City.
2.5.24 Consultant shall furnish to the City a complete and comprehensive set of as -built drawings.
said as -built drawings are to be submitted in hard copy and in electronic format, and the
City and the Consultant agree and acknowledge that the Compensation set forth in Section
5.1 includes all cost and expense associated with the production of said as -built drawings.
2.6 ADDITIONAL SERVICES
The following services of the Consultant are not included in Sections 2.4 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.
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2.6.3 Providing services concerning repair or replacement of work damaged by fire or other
cause during construction provided that such services are required by causes not the
responsibility of the Consultant, either in whole or in part.
2.6.4 Providing services made necessary solely by the default of the Contractor or defects or
deficiencies in the work of the Contractor.
2.7 SERVICE SCHEDULE
2.7.1 The Consultant shall perform its services expeditiously in accordance with the time frames
set forth in the "Proposed Schedule" set forth in EXHIBIT "1". The Consultant may,
however, submit for the City's approval a schedule for the performance for the
Consultant's services that shall include allowance for time required for the City's review
of submissions and for approvals of authorities having jurisdiction over the Project. The
City shall review and approve or reject any schedules submitted by the Consultant within
five (5) working days of said submittal. If, in the event that construction of the Project is
suspended for more than thirty (30) days, the Consultant shall also suspend Construction
Administration Services upon request of City. Any time spent on the Project at the request
of the City or on the City's behalf during this suspension shall be additional services and
shall be paid based on the Standard Hourly Rates attached to this Agreement as EXHIBIT
"2". 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
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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
Administration Services are materially extended by the City as a direct result thereof and
through no fault of the Consultant, the Consultant shall be entitled to additional
compensation at the rates shown in attached EXHIBIT "2". The amount of compensation
due by the Consultant under this Subparagraph shall be pursuant to approved written
Amendment to this Agreement.
2.8 PERSONNEL
2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME FUNCTION
Lourdes Rodriguez President
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
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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
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 $14,550.00 based
on services rendered pursuant to Sections 2.4 through 2.5 and EXHIBIT 4," Scope of
Services, of this Agreement by allocating the estimated percentage of work for each of the
phases set forth in Section 5.2. Billings for each phase shall not exceed the amount
allocated to each phase.
5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on
the estimated percentage of work completed for each of the following phases:
Phase 1. Preliminary Design......................................................... [completed]
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Phase 2. Construction Documents....................................................[completed]
Phase 3. Bidding-Permitting......................................................................... $2,137.50 5%
Phase 4. Construction Administration
$6,412.50 15%
5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an
amount not to exceed $5,000.00, compensated as follows:
See EXHIBIT "2" of this Agreement "Fee Schedule" —
5.5 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by
the City as provided in Section 6.
5.6 If the scope of the Consultant's services are changed materially through no fault of the
Consultant, compensation due to the Consultant shall be equitably adjusted, either upward
or downward.
SECTION 6 BILLING AND PAYMENTS TO CONSULTANT
6.1 Billing by the Consultant shall be in accordance with EXHIBIT "2" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "2" of this Agreement.
6.2 REIMBURSABLE EXPENSES
6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and
Consultant's subconsultants in the interest of the Project, as follows:
Not to exceed $1,000.00 without prior written authorization by the City.
6.2.1.1 Reasonable expenses of. mileage reimbursement in accordance with Chapter 112,
Florida Statutes; fees paid for securing approval of authorities having jurisdiction over
the Project; actual cost of reproduction, postage and handling of drawings,
specifications and other documents; renderings, models and mock-ups requested by the
City; additional insurance coverage or limits, including professional liability insurance,
requested by the City in excess of that required in the Request For Qualifications. The
Consultant shall only be reimbursed for the direct cost of the item without additional
mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable
expense.
SECTION 7 TERM
7.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall continue in full force and effect for the term of two (2) years, unless otherwise
terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement.
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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
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
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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.
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.
(SEAL)
CITY
CITY OF S"' Y LES BEACH, FLORIDA
�..
By:
Larisa Svechin, Mayor
day of November, 2024.
Approved as to form for the City:
By:
Alain E. BZeau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
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Mi L A.
Please type name of Secretary
WITNESSES:
CONSULTANT
RODRIGUEZ ARCHITECTS, INC.
IM
�Io day of fiber, 2024
12
EXHIBIT "1"
SCOPE OF SERVICES & PROJECT SCHED
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PROPOSAL TO FURNISH PROFESSIONAL SERVICES TO
THE CITY OF SUNNY ISLES BEACH
CONTINUING SERVICES AGREEMENT
NEW STRUCTURE AT BELLA VISTA PARK
SUNNY ISLES BEACH, FLORIDA
Date: 8 September 2022
29 June 2023 REV
Submitted to: Mr. Richard Labinsky, PE Project:
New Structure at
500 Sunny Isles Beach Blvd.
Architect's Project No. 2252
City of Sunny Isles Beach Project No. Pending
The Architect: RODRIGUEZ ARCHITECTS, INC.
2121 Ponce de Leon Blvd., Suite 1010
Coral Gables, Florida 33134
Is pleased to provide:
The Client: City of Sunny Isles Beach
Public Works Dept.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
The following is request for approval of fees for Basic Architectural/Engineering Services, per the Contract as indicated above.
SECTION 1 - PROJECT DESCRIPTION:
The project location is Bella Vista Park at 500 Sunny Isles Beach Blvd., Sunny Isles, Florida. The site consists of open
land being used for construction storage with an existing wood pier. Numerous old concrete slabs exist on the site
and will be tested for use in this project. The City of Sunny Isles Beach would like to erect a new building, maximum
of 1,000 sq. ft. RAI will provide complete Architectural, Structural, Plumbing, Mechanical and Electrical Engineering
services for the design, interiorfixture and finishes selections, construction documents and construction administration
for the project.
SECTION 2 - SCOPE OF WORK:
The A/E will assist The City of Sunny Isles in accomplishing project goals by providing Professional A/E basic services as
per our Agreement.
The Scope of Work assumes the following:
1. A new one-story structure to meet all Florida Building Code requirements. The new structure will be
house:
• 1,157 sq. ft. roof (2,350 sf. pad)
• Office space for police with restroom/shower
• Storage space for police
• Walkup window and office space for kayak rentals
• One (1) Uni-Sex Toilet Room
2. Raise finish floor to BFE 9.00' to include over 3 feet of fill. Design of the new masonry walls, concrete
beams and roof structure.
3. Testing of existing concrete slabs and footings will be required, such as core drilling, geotechnical and x-
ray technology. This is not included in the project fee and shall be provided by City.
4. Design and selection of new toilet room fixtures and finishes, selection of all interior and exterior finishes.
5. The new structure will be ADA accessible with a roughly 65 ft. long compliant ramp.
Proposal to Furnish Professional Services
RODRIGUEZ ARCHITECTS, INC.
365
City of Sunny Isles — Bella Vista Park
New Building
Architect's Project No. 2252
Page Two
The sub -consultants will be as follows:
Structural Engineers: DDA Engineers, P.A.
Mechanical, Plumbing and Electrical Engineers: SGM Engineers, Inc.
SECTION 3 - BASIC SERVICES (per continuing contract agreement):
Phase I — Preliminary Design Services
Phase III - Construction Documents Services
Phase IV - Bidding and Permitting Services
Phase V - Construction Administration Services
Not included in Basic Fee:
• Testing of existing concrete foundations for adequacy of use
• Site Design (City has contracted separately with KEITH for surveying, civil and landscaping design)
SECTION 4 — PRELIMINARY ESTIMATE based on initial site information:
$500,000.00 +/-
SECTION 5 - PROPOSED SCHEDULE:
Complete Project Schedule:
• Field Investigation —1 week
• Design/Construction Documents 100% —10 weeks
• Bidding -Permitting —4weeks
• Construction Administration — 8 months
SECTION 6 - COMPENSATION:
The City of Sunny Isles Beach, FL shall pay the Architect for the Basic Services as described above a Stipulated Fixed
Sum of Forty -Four Thousand Seven Hundred and Fifty Dollars ($42,750.00).
The proposed fee is applicable to each phase of the services as follows:
Phase I - Preliminary Design
10%
$4,275.00
Phase II I - Construction Documents
70%
$29,925.00
Phase IV - Bidding -Permitting
5%
$2,137.50
Phase V - Construction Administration
15%
$6,412.50
Total:
$42,750.00
Additional Services (if needed — NTE) $5,000.00
Reimbursab_ les (NTE) $1,000.00
Total: $6,000.00
Grand Total: $48,750.00
submitted;
President
INC
RODRIGUEZ ARCHITECTS, INC.
366
EXHIBIT "T'
FEE SCHEDULE
14
367
Exhibit 2
Mr. Richard Labinsky, PE
City of Sunny isles Beach, Fl-
Public
LPublic 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,
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
MEM
AMMAN INSf1TUTE
OFARMITKIM
An AllfnnaUve Action I Equal Opprumnity Enionyer
368
c, O
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: Approval of an Agreement with Rodriguez Architects for Architectural
Services forthe Bidding, Permitting and Construction Administration of a New
Office/Marine Patrol Building at Bella Vista 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/marine patrol building at Bella Vista Park with Resolutions 2022-3419 and 2023-3522 for a
total approved contract amount of $48,750.00. That contract has expired with a total remaining
balance of $14,550 for bidding, permitting and construction administration, authorized reimbursables
and approved additional services. Due to the expiration of the original agreement, staff is
recommending approving this agreement to complete the project using the remaining balance of
$14,550.00.
ADDITIONAL INFORMATION:
This approval does not require any additional funding allocation. As the design architect for this project,
it is necessary to continue to utilize the services of Rodriguez Architects to perform this work during
construction.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-6-5720-465000-10001.
ATTACHMENTS:
Resolution
Project Agreement
Item Number: 9.1
349