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Reso 2025-3916
RESOLUTION NO. 2025 - 'S*" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE PROJECT AGREEMENT WITH BEA ARCHITECTS, INC., TO PROVIDE PROFESSIONAL ARCHITECTURAL DESIGN SERVICES FOR THE RENOVATION OF THE PROPERTY LOCATED AT 18050 COLLINS AVENUE, FORMERLY KNOWN AS TONY ROMAS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-TWO THOUSAND FOUR HUNDRED NINE DOLLARS AND NO CENTS ($152,409.00), 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, 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, on January 18th, 2024, via Resolution No. 2024-3611, the City Commission of the City of Sunny Isles Beach ("City") approved a Project Agreement with BEA Architects, Inc. ("Firm") to provide professional architectural services for the property located at 18050 Collins Avenue, formerly known as Tony Romas ("Property"), in an amount not to exceed $263,609.88; and WHEREAS, on November 21St, 2025, via Resolution No. 2024-3756, the City Commission approved a First Amendment to the Agreement with the Firm to continue providing the City with the desired Service for an additional twelve (12) months with no allocation of additional funds; and WHEREAS, the City has requested revisions to the construction documents to accommodate modifications to the existing building footprint not anticipated in the original scope of work, including reconfiguration of structural elements, interior layouts, and exterior features; enhancements to lighting, access, and flood compliance; updates to survey scope and site infrastructure; and various adjustments to support both City operations and future leasable areas ("Additional Services"); and WHEREAS, the City Commission wishes to approve a Second Amendment to the Project Agreement with the Firm to provide the Additional Services for the Project, in an amount not to exceed One Hundred Fifty -Two Thousand Four Hundred Nine Dollars and No Cents ($152,409.00), bringing the total contract amount not to exceed Four Hundred Sixteen Thousand Eighteen Dollars and Eighty -Eight Cents ($416,088.88) 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 Second Amendment. The City Commission hereby approves a Second Amendment to the Project Agreement with the Firm to provide the Additional Services @BCL@E4143333 Page 1 of 2 311 for the Project, in an amount not to exceed One Hundred Fifty -Two Thousand Four Hundred Nine Dollars and No Cents ($152,409.00), bringing the total contract amount not to exceed Four Hundred Sixteen Thousand Eighteen Dollars and Eighty -Eight Cents ($416,088.88) 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 16th day of Maurikio Betancur)CMC, City Clerk 0 Larisa Svechin,(Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Vote: Z(Yes) Mayor Svechin (No) Vice Mayor Lama (Yes) o) Commissioner Joseph(Yes) IN Commissioner Stuyvesant (Yes) —;7(No) Commissioner Viscarra (Yes) (No) @BCL@E4143333 Page 2 of 2 312 µ NYS In SECOND AMENDMENT TO THE PROJECT AGREEMET BETWEEN THE CITY OF SUNNY ISLES BEACH AND BEA ARCHITECTS, INC. THIS SECOND AMENDMENT TO THE PROJECT AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and BEA ARCHITECTS, INC. ("Contractor"), executed this day of October, 2025, is made a part of the original Project Agreement ("Agreement") dated January 25, 2024, as amended on November 26, 2024, between the City and Contractor, attached collectively hereto as Exhibit "A." The City and Contractor hereby agree as follows: 1. SERVICE SCHEDULE. City and Contractor wish to amend and supplement Section 2.7.1 of the Agreement, entitled "Service Schedule," to provide additional time and a revised schedule to complete the Project, as more particularly described in Exhibit B to this Second Amendment. 2. BASIC DUTIES TO CITY. City and Contractor wish to amend Section 2 of the Agreement, entitled "Basic Duties of City," to provide for additional scope of work to complete the Project, as more particularly described in Exhibit B to this Second Amendment. 3. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 5.1 of the Agreement, entitled "Basis of Compensation," to provide additional compensation to complete the Project for an amount not to exceed One Hundred Fifty -Two Thousand Four Hundred Nine Dollars and No Cents ($152,409.00). The additional compensation provided herein will bring the total Agreement not -to -exceed amount to Four Hundred and Sixteen Thousand Eighteen Dollars and Eighty -Eight Cents ($416,018.88). 4. BASIS OF COMPENSATION. City and Contractor wish to amend Section 5.2 and Section 5.3 of the Agreement, as follows: 5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on the estimated percentage of work completed for each of the following phases: PHASE I (Cond. Assess. & Due Diligence) 10% ..................................$23,998.79 PHASE II (Demo, Shell, Foundation, 30% AE Package) .....................$47,997.57 PHASE III (CD 60% & Bid).................................................................$76,665.57 PHASE IV (CD 100%)..........................................................................$80,815.57 PHASE V (Permitting)..........................................................................$35,998.18 PHASE VI (Const Admin)...............................................................$101,121.18 POST 100% Modifications......................................................................$7,000.00 Optional Services...................................................................................$18.800.00 Value Assessment/Value Engineering (after GMP)..................................$7;175.00 5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an amount not to exceed $16,447.00, compensated as follows: See EXHIBIT "1" of the Agreement and Exhibit B to this Second Amendment -- "Fee Schedule" BEA ARCHITECTS, INC..—SECOND AMENDMENT Page I of City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, as amended, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement, or provision contained in any other document or attachment, including but not limited to Exhibits "A" and "B." IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. BEA ARCHITECTS, INC. BY: Ro ert Draper, Vice President STATE OF FLORIDA: COUNTY OF M� OUmi I The foregoing instrument was acknowledged before me by means of ©(physical presence or ❑ online notarization, this (_j` day of October, 2025; by Robert Draper, as Vice -President of BEA Architects, Inc. (SEAL) S IZg Personally Known /or Produced Identification _ Type of Identification Produced: Nota y .Public, State of Florida (Sig ature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] BEA ARCHITECTS, INC.— SECOND AMENDMENT Page 2 of 5 Cityof Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 ' '•' . (305) 947-0606 phone (305) 949-3113 Fax ATTES11 CITY OF SUNNY ISLES BEACH BY: / Ulf BY: Maur 'o Beiancur, CMC, City Clerk Larisa Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY:/�--- Department Head AlainBoileau, for Nabors, Giblin & Nickerson, P.A., City Attorney BEA ARCHITECTS, INC.— SECOND AMENDMENT Page 3 of 5 315 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT A BEA ARCHITECTS, INC.— SECOND AMENDMENT Page 4 of 5 045JONY is, J.- 7 FIRST AMENDMENT TO THE PROJECT AGREEMENT `,. BETWEEN THE CITY OF SUNNY ISLES BEACH Ai'Sa. FLOt'NQ'' AND BEA ARCHITECTS, INC. CffY 4f {UN f THIS FIRST AMENDMENT TO THE PROJECT AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and BEA ARCHITECTS, INC. ("Contractor"), executed this _2Aay of November, 2024, is made a part of the original Project Agreement ("Agreement") dated January 25, 2024, between the City and Contractor, a copy of which is attached hereto as Attachment "A." The City and Contractor hereby agree as follows: RECITALS 1. TERM. City and Contractor wish to amend Section 7 of the Agreement, entitled "Term," to provide additional time to complete the Project, as follows: 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 erre (1) two 2 years, unless otherwise terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement. 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, as amended, shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement, or provision contained in any other document or attachment, including but not limited to Attachment "A." 4. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractor must submit the certification that is attached to this agreement as Attachment `B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does 437 BEA ARCHITECTS, INC.— FIRST AMENDMENT Page 1 of 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.13.5. 5. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this Amendment as Attachment "C," signed by an officer or an authorized representative of Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786:06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. STATE: OF FLORIDA: COUNTY OF yry►',_h0.e_ BEA ARCHITECTS, INC. 4ri e, Vice -President The foregoing instrument was acknowledged before me by means of ®'physical presence or ❑ online notarization, this 2Wday of November, 2024, by Adrian Price, as Vice -President of BEA Architects, Inc. (SEAL) r"Y°Y JANETBENCOMO *, MY COMMISSION # HH 168367 ; -V EXPIRES: October 4, 2025 6ondodThruNotary PublIaUnderwrlters Personally Known ' or Produced Identification Type of Identification Produced: 4(si Public, State of Florida ture of Notary Public) 46'nt','Iy�p, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] BEA ARCHITECTS, INC.— PIRST AMENDMENT Page 2 ot`6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: CITY OF SUNNY ISLES BEACH BY: CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Department Head A ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney BEA ARCHITECTS, INC.— FIRST AMENDMENT Page 3 of 6 439 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A BEA ARCHITECTS, INC.— FIRST AMENDMENT Page 4 of 6 440 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH . And BEA ARCHITECTS, INC. For BUILDING DEPARTMENT RELOCATION TO ANNEX Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny Isles Beach ("City"). and BEA Architects, Inc. ("Consultant") for Professional Architectural Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred to as "Continuing Services Agreement") dated July 13, 2021, this Project Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the services as set forth below: SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT 1.1 All terms and conditions of the Continuing Services Agreement between the City and the Consultant dated July 13, 2021, not specifically modified by this Agreement shall remain in full force and effect and are incorporated into and made a part of this Agreement by this reference as though set forth in full. SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY 2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is professionally qualified to act as the Consultant for the Project more particularly described in EXHIBIT "1" (hereinafter referred to as "the Project") and is licensed to practice architecture by all public entities having jurisdiction over the Consultant and the Project. The Consultant further represents to the City that the Consultant will maintain all necessary licenses, or other authorizations necessary to act as Consultant for the Project until Consultant's duties hereunder have been completed. The Consultant shall be responsible for providing all necessary subconsultants required for the successful completion of the work as outlined in EXHIBIT "1," Scope of Services. The Consultant assumes full responsibility to the City for the improper acts, negligence, and omissions of its subconsultants and of all others employed or retained by the Consultant in connection with the Project. 441 2.2 PHASE 1: PRELIMINARY DESIGN SERVICES 2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the Consultant has become familiar with the Project site and the local conditions under which the Project is to be implemented. 2.2.2 The Consultant shall provide a Feasibility Study/Programming and Site Verification to evaluate and confirm existing conditions of the Project site are in general conformance and suitability for the Project. Such review shall include but not be limited to a review, examination, and verification of the documents and information furnished by the City concerning the Project site with respect to dimensions, clearances, locations, elevations, and the like before preparing design documents. The Consultant shall be solely responsible for any inaccuracies or conflicts that might have been detected or avoided by such verification. 2.2.3 The Consultant will execute a substantial review of building codes, zoning, and engineering regulations in order to ensure the Project meets applicable building codes. 2.2.4 The Consultant shall provide City with preliminary space plans, Permit Sets signed and sealed by Consultant's sub -consultant, specifications, drawings, and other documents. 2.2.5 The Consultant shall prepare, from the approved Feasibility Study/Program Verification, the Schematic Design Studies to achieve a design solution acceptable to the City. The Design Studies shall consist of drawings, concepts, organization, orientation, and an engineering narrative based on the on-site walk thru assessment. 2.2.6 The Consultant shall provide the Schematic Design Studies to the City for review and comments. 2.2.7 The Consultant shall provide project coordination including but not limited to, staff conferences, meetings with City or City's Representatives, and analysis reports regarding building codes and utilities analysis that conform to plan requirements. 2.2.8 The Consultant shall prepare the Design Development Documents from the approved Schematic Design. The Design Development Documents shall consist of drawings and other documents, including specifications, to fix and describe the size and character of the Project. Documents will include but are not limited to floor plans, interior elevations/millwork profiles, character of Project as to type of materials, mechanical and electrical systems analysis, and other work as required for construction of the Project. 2.2.9 Consultant shall provide Final Design Development services based on approval of the Schematic Design Package. 2.2.10 Consultant shall engage in progress reviews with City's Representative at fifty percent (50%) and one hundred percent (100%) completion of the design stage. 2 442 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. 443 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. 444 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) 445 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 bf 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 446 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. 447 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•fumish to the City a complete and comprehensive set of as -built drawings. said as -built drawings are to be submitted in hard copy and in electronic format, and the City and the Consultant agree and acknowledge that the Compensation set forth in Section 5.1 includes all cost and expense associated with the production of said as -built drawings. 2.6 ADDITIONAL SERVICES The following services of the Consultant are not included in Sections 2.2 through 2.5, nor in EXHIBIT "1;" Scope of Services. Neverthelegs, 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. 448 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 "l". 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 "l." 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 449 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 "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: NAME FUNCTION Adrian Price Vice -President So long as the individuals named above remain actively employed or retained by the Consultant, they shall perform the functions indicated next to their names. Furthermore, the City reserves the right to reject any proposed substitution for any of the above named individuals, and the City shall have the further right to require that any individual assigned to the Project by the Consultant be removed from the Project and reassigned for good cause. SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT 3.1 The City shall provide the Consultant with adequate information regarding the City's requirements for the Project including any desired or required design or construction schedule, or both, and any budgetary requirements including fixed limit of construction cost, prior to the start of the Construction Documents Phase of design, upon which the Consultant shall be entitled to rely. 3.2 The City shall review any documents submitted by the Consultant requiring the City's decision, and shall render any required decision pertaining thereto in a timely fashion. 3.3 The City shall furnish structural, mechanical, chemical, and other laboratory tests, inspections and reports as required by law or the Construction Contract. 3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with the Construction Contract, or of any errors, omissions or inconsistencies in the drawings or specifications, prompt notice thereof shall be given by the City to the Consultant. 10 450 3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as expeditiously as may reasonably be necessary for the orderly progress of the Consultant's services and of the work. 3.6 The City's review of any documents prepared by the Consultant or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the City's construction program and intent. No review of such documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. SECTION 4 CONSTRUCTION COSTS 4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% of the lowest bona fide bid or negotiated proposal, the City may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the City, shall consult with the City and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the City. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant's responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement. SECTION 5 BASIS OF COMPENSATION 5.1 The City shall compensate the Consultant for an amount not to exceed Two Hundred Sixty - Three Thousand Six Hundred Nine Dollars and Eighty -Eight Cents ($263,609.88) based on services rendered pursuant to Sections 2.2 through 2.5 and EXHIBIT 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 I (Cond. Assess. & Due Diligence) — 10% ................................$23,998.79 PHASE 11 (Demo, Shell, Foundation, 30% AE Package) — 20% ......................$47,997.57 PHASE III (CD 60% & Bid) — 20%...................................................................$47,997.57 PHASE IV (CD 100%) — 20%...........................................................................$47,997.57 PHASE V (Permitting) — 15%...........................................................................$35,998.18 PHASE VI (Const Admin) — 15%......................................................................$35,998.18 11 451 5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be in an amount not to exceed $16,447.00 compensated as follows: See EXHIBIT "1" of this Agreement "Fee Schedule"' - 5.4 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by the City as provided in Section 6. 5.5 If the scope of the Consultant's services are changed materially through no fault of the Consultant, compensation due to the Consultant shall be equitably adjusted, either upward ' or downward. SECTION 6 BILLING AND PAYMENTS TO CONSULTANT 6.1 Billing by the Consultant shall be in accordance with EXHIBIT "1" of this Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement and EXHIBIT "l" of this Agreement. 6.2 REIMBURSABLE EXPENSES 6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and Consultant's subconsultants in the interest of the Project, as follows: Not to exceed $1,000.00 without prior written authorization by the City. 6.2.1.1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112, Florida Statutes; fees paid for securing approval of authorities having jurisdiction over the Project; actual cost of reproduction, postage and handling of drawings, specifications and other documents; renderings, models and mock-ups requested by the City; additional insurance coverage or limits, including professional liability insurance, requested by the City in excess of that required in the Request For Qualifications. The Consultant shall only be reimbursed for the direct cost of the item without additional mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable expense. SECTION 7 TERM 7.1 This Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect for the term of one (1) year, unless otherwise terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement. SECTION 8 TERMINATION 8.1 TERMINATION FOR CAUSE 8.1.1 This Agreement maybe terminated by either party upon seven (7) days' written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event of a 12 452 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 "P of the Continuing' Services Agreement. 8.2.2 Under no circumstances shall the City make payment of profit or overhead for work that has .not been performed. Additionally, the City shall not make payment for the following items: 8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work; 8.2.2.2 Consequential damages; 8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done in excess of reasonable quantitative requirements of this Agreement; 8.2.2.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to discontinue the work with reasonable promptness after notice of termination has been given to the Consultant; and 8.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets. 8.2.2.6 Damage or loss caused by delay. 8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, all work product in its possession, including but not limited to, designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. All work product provided under this Section shall be used solely for its intended purpose. 13 453 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 whichit 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. City Cl&rk � . Mauricio Betancur . (SEAL) CITY CITY OF S NY LES BEACH, FLORIDA By: Larisa Svechin, Mayor Aay of January, 2024. Approved as to form for the City: By: Dua� Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney 14 454 QwALi-bp',,? V Please type name of Secretary WITNESSES: �l CONSULTANT BEA ARCHITECTS, INC. By: A n Price, Vice -President 'dik.ay of January, 2024 B 455 EXHIBIT 'T' SCOPE OF SERVICES PROJECT SCHEDULE AND FEE SCHEDULE 16 456 December 4, 2023 REV December 5, 2023 REV December 8, 2023 REV December 12, 2023 REV December 15, 2023 REV January 12, 2024 Susan Simpson Deputy City Manager Sunny Isles Beach Government Center 18070 Collins Avenue Sunny isles Beach, FL, 33160 Re: City of Sunny Isles Beach Building Department Relocation to Annex architects BEA Architects is pleased to submit the following proposal for Architectural and Engineering Services to prepare Permit & Bid Documents for exterior and interior renovation for future location of City of Sunny Isles Building Department, to be relocated from 18070 Collins Ave 3rd floor, Sunny Isles Beach, FL 33160 to the City of Sunny Isles Annex Building located in 18050 Collins Ave, Sunny Isles Beach, FL 33160. BEA Architects understands this is project is of expedited nature. This proposal with formatted a project delivery approach for procurement of a Construction Manager, at Risk, with a Guaranteed Maximum Price (GMP) through different construction packages. DESCRIPTION OF SCOPE OF ITEMS: A. Assessment of Existing Conditions: Perform Architectural, Structural, FP, and MEP analysis of existing building conditions. Acquire as -built set of drawings from building department. Area of work is 8,216 sgft. B. Prepare Construction Documents: Prepare permit package Architectural, Structural, FP, and MEP, LV documents using the 2023 Florida Building Code, 8th Edition. Future Building Department renovation shall include an assembly space intended for food and/or drink consumption, ready for any future tenants' improvements, office spaces including a lobby with teller windows, cubicles, offices, meeting, office call center, IT, storage area, breakroom, conference, and bathrooms. Also extend the wail and slab along Collins to the south end of the building and add a ledge to have bar top seating. Coordination with all agencies having jurisdiction. and coordination with City of Sunny Isles Building Department. Drawings will also include signage and wayfinding, and coordination of exterior building department sign on the wall (design provided by the City). C. Assist in Bid Administration: Prepare bid package including Architectural, Structural, FP, and MEP, LV documents, assist with preparing bid requirements, respond to bidders RFI and issue addendums as needed during bid phase. Coordinate with City of Sunny Isles and stakeholders to establish minimum criteria from bidders. D. Construction Administration: Perform construction administration services, ensuring contractor will conform to design intents, meet owner expectations, and adhere to city and jurisdictional requirements. 'BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 Info@beai.com Tel: 305.461 .2053 www.beai.com AR 0012160 457 PHASES / SCHEDULE: 1. Phase I (Condition Assessment, Due Diligence, Programming & Planning Package): Prepare property conditions assessments. Procure as-builts showing existing conditions. Study Architectural, Structural, FP, MEP, LV conditions, and supporting infrastructure. Review site and building documentation provided by Owner or Building Department. Site visits to collect project data. Prepare Owner project program and refine for City approval. Identify requirements for building modifications, and occupancies of proposed building use. Identify code requirements, including utility connections. rchitects 2. Phase II (Demolition, Shell, and Foundation, 30% AE Drawings Package): Prepare Phased Permit Package of construction containing the demolition, shell, and foundation scope of work. Submit package to building department for permitting Coordination with All agencies having jurisdiction and respond to building department comments. Development of 30% construction documents for remainder of AE scope of work items, to be excluded from permitting, for Owner and stake -holders approval. 3. Phase III (Construction Documents 60% and Bidding GMP): Prepare 60% Construction Documents of Architectural, Structural, FP, MEP, LV conditions to be included into bid package for the purpose of procuring a General Contractor. Project Specifications to be included in the construction documents. Assist owner with preparing bidding requirements and coordinate to establish minim criteria for bidders; bid advertisement to be executed by Owner. Respond to bid RFI's and issue addendums, as needed. Collaboration with Owner and•stakeholders, and create final bids tabulation. 4. Phase IV (Construction Documents 100%): Upon written Notice to Proceed, prepare 100% percent construction documents., Meet with owner for review and approval. Coordinate with owner to maintain within GMP provided by General Contractor. S. Phase V (Permitting): Submit 100% construction documents as revision to building department. Coordination .with all Agencies Having Jurisdiction. Respond to building department comments. Owner to issue approved building department drawings to Contractor. 6. Phase VI (Construction Administration & Close-out): ■ Attend pre-bid meeting ■ Attend pre -construction meeting ■ Attend Bi -weekly Construction Site Meetings ■ Review and respond to Contractor's RFIs ■ Perform Punch List Review ■ Provide Architect's certification of Substantial Completion ■ Perform Final Completion review; issue Final Completion Certificate ■ Prepare record documentation based on Contractor's mark-ups ■ Review Pay Requests ■ Review Change Orders ■ Assumed Period of Construction: 26 weeks 7. Phase VII (Onsite /Field Investigations & Observations): Perform site visits and support for field investigations and observation, as needed throughout the development of construction. BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461 .2053 www.beal.com AR 0012160 458 Estimated Design/Production time period*: ■ PHASE I (Cond. Assess. & Due Diligence) — ■ PHASE It (Demo, Shell, Foundation, 30% AE Package) — ■ PHASE III (CD 60% & Bid) — ■ PHASE IV (CD 100%) — ■ PHASE V (Permitting) — ■ PHASE VI (Const Admin) — *Time periods do not include City/Stakeholder review time for each submittal PAYMENT TERMS: 2 weeks 10% 8 weeks =�=, 4weeks 20% ■ PHASE IV (CD 100%) — archit.ects 4 weeks 15% 6 weeks 26 weeks (Approximately) ■ PHASE I (Cond. Assess. & Due Diligence) — 10% ■ PHASE It (Demo, Shell, Foundation, 30% AE Package) — 20% ■ PHASE III (CD 60% & Bid) — 20% ■ PHASE IV (CD 100%) — 20% ■ PHASE V (Permitting) — 15% ■ PHASE VI (Const Admin) — 15% DESIGN & CONSTRUCTION FEES: ■ A/E SERVICES o Architecture. o MEP o Structural o Civil, o Surveying, Hourly Not To Exceed (NTE) o Geotechnical o Rendering (2 exterior, 2 interior) o Onsite/Field Investigation ■ Architecture & Interior Design = $205/hour ■ Structural Engineering = $200/hour ■ MEP Engineering = $150/hour o Second bid package (Demo package) ■ ADDITIONAL SERVICES $82,825 $45,000 $10,000 $10,000 $10,400 $3,000 $6,000 $35,450 (allowance) $4,600 o Project Spec Manual, Owner to provide Div. 1 $11,480 o FF&E Design $8,815 o Probable Construction Cost Opinion (3091a, 60%) $7,585 o Record Drawings (Hard copy & Digital) $3,832.88 ■ OPTIONAL SERVICES o Value Assessment / Value Engineering (after GMP) $7,175 BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461 .2053 www.beai.corn AR 00'12160 459 REIMBURSABLE EXPENSES & ALLOWANCES: 1. 10% Design Contingency $16,447 architects NOTE: Additional reimbursable expenses other than those stated above are subject to prior written notice of approval by the City. EXCLUSIONS: 1. Zoning submittals or interface 2. Coordination with Owner for Art in Public Places. 3. Permit fees, permit submittal or expediting of permit 4. Off-site utilities or Off-site utility upgrades 5. MOT (by Contractor) 6. LEED, FGBC, or other Sustainable Building Certifications 7. Public Address (PA) system Design 8. Special Lighting Design 9. Construction Management or role as Owner Representative for General Contractor purposes. NOTE: Above fees are LUMP SUM fees to be invoiced monthly or at a rate commensurate with completion of scope of work items. Please indicate your acceptance by signing/dating below and remitting by email. We appreciate the opportunity to continue building our relationship and look forward to collaborating with City of Sunny Isles in realizing this next project. Feel free to contact me at your convenience if you have any comments of questions. Sincerely, l Adrian Price, RA NCARB Vice -President BEA architects, Inc. City of Sunny Isles Accepted by: Print Name: Title: Date: BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461.2053 www.beai.com AR 0012160 460 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B BEA ARCHITECTS, INC.— FIRST AMENDMENT Page 5 of 6 461 JN Y 1 yfl. ...riF �T CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of, Aa5 , Print Name Company Name certifies thaqhg kfc W- C -M does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. OK -16 (L&st D 1 Title I/ Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C BEA ARCHITECTS, INC.— FIRST AMENDMENT Page 6 of 6 463 o�S�F�N y'SC��d 1 � Y ti 1n Sf D�: LIAR` y. Affidavit of Compliance with Anti -Human Trafficking Laws The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows - 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: J�t oU' eS "L , 204, Signe Entity: Name: WCAIC19 Title: l%VS_L�- �I�aS l OTp\�)`C STATE OF COUNTY OF �iM( ,Iaml e The foregoing instrument was acknowledged before me, b means of �t physical presence or ❑ notar n, this day of 20 by �ll�(j . C' as for who is personally known to me or who has produced as identification. Notary Public State of Florida at Large (Seal) Print Name: �_a.��` My commission expires: w Y?u"" • JANET BE7HH ' MY COMMISSIO6367EXPIRES:Oc25BondedThmNotaryenniters City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT B BEA ARCHITECTS, INC.— SECOND AMENDMENT Page 5 of 5 June 10, 2025 Revised June 27, 2025 Revised July 22, 2025 Revised August 8, 2025 Revised September 15, 2025 Revised September 25, 2025 Revised October 8, 2025 Susan Simpson Deputy City Manager Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL, 33160 architects Re: City of Sunny Isles Beach Building Department Relocation to Annex Additional Service Proposal 1 BEA Architects is pleased to submit the following additional service proposal for Architectural and Engineering Services of the revision of the Permit & Bid Documents for exterior and interior renovation for future location of City of Sunny Isles Building Department located in 18050 Collins Ave, Sunny Isles Beach, FL 33160. DESCRIPTION OF SCOPE OF ITEMS: A. Perform revision to the construction documents as per requested by the City of Sunny Isles Beach, modifying the existing building footprint in a manner that was not anticipated in the original scope of work. The additional modifications include: • Reconfiguration of the south-west corner of the building. • Modification existing bathrooms in order to accommodate for both the City of Sunny Isles's Building Department employees and the future/leasable Area. • Reconfiguration of the windows in the north and west elevations. • Additional concrete slab for the dumpster and generator. • Additional Light poles in the south-west area. • Addition of 2.4" concrete topping to entire slab to comply with flood requirements. • Addition to survey scope of work. • New sidewalks, curb, and exterior site features due to additional modifications of south-west corner. • Addition of the extension of pavers and removal of low wall on east side of the project site. • Replacement of swing doors to sliding glass doors. • Due to the replacement of doors, interior layout needed to be reconfigured to follow appropriate clearances. • Addition of Exterior Lighting fixtures. • Special Inspection of Pilings. • Miscellaneous Construction Administration Coordination. • Modification of three (3) East Tenant Windows to be Non -ADA Double Swing Doors and four (4) East Tenant Windows to be infilled. BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461.2053 www.beai.com AR 00 12 160 DESIGN & CONSTRUCTION FEES: ■ A/E SERVICES ® F finsm o Architecture $97,559.00 a r c h i t e c t s ■ Revised Construction Documents (See Above) $36,136.00 ■ Additional Construction Administration $57,423.00 (Weekly OAC meetings and Extension from 43 weeks from originally quoted 26 weeks) ■ Miscellaneous Construction Administration $4,000.00 Coordination. o Architecture & Structural East Wall Post 100% Set $7,000.00 Modifications ■ Modification of three (3) East Tenant Windows to Non -ADA Double Swing Doors. ■ Modification of four (4) East Tenant Windows to be infilled. o Special Inspections for Helical Piles $6,800.00 o MEP $15,750.00 ■ Revised Construction Documents (See Above) $12,750.00 ■ Additional Construction Administration $3,000.00 (See Above) o Structural $8,700.00 ■ Revised Construction Documents (See Above) $8,000.00 ■ Additional Construction Administration $250.00 (See Above) ■ 3 Site Visits (3 Hours Each) $450.00 o Civil $4,600.00 Total Additional Service Fee 140,409.00 ■ OPTIONAL SERVICE o Architecture & Structural Rainshield $12,000.00 ■ New Architectural Rainshield Design on Existing Canopy Structure ■ Wind Calculations and Structural Design of Awning. Total Additional Service with $152,409.00 Optional Services Fee * An additional 17 weeks have been added to the original estimated construction administration phase. Construction Administration will be billed per week of support with a Not -To -Exceed sum through 03/26/2026. Any support beyond this date will require an additional service proposal. If Construction Administration support is completed prior to this date, billing will reflect only services rendered to that point. NOTE: Above fees are LUMP SUM fees to be invoiced monthly or at a rate commensurate with completion of scope of work items. BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461 .2053 www.beai.com AR 0012160 REVISED PAYMENT ALLOCATION: ■ PHASE I (Cond. Assess. & Due Diligence) — arc ec s $23,998.79 ■ PHASE II (Demo, Shell, Foundation, 30% AE Package) — $47,997.57 ■ PHASE III (CD 60% & Bid) — $47,997.57 + ($28,668.00) _ $76,665.57 ■ PHASE IV (CD 100%) — $47,997.57 + ($32,818.00) _ $80,815.57 o PHASE V (Permitting) — $35,998.18 ■ PHASE VI (Const Admin) — $35,998.18 + ($65,123.00) _ $101,121.18 ■ VALUE ASSESSMENT/VALUE ENGINEERING (after GMP)$7,175.00 ■ POST 100% MODIFICATIONS — + ($7,000.00) ■ SPECIAL INSPECTIONS (HELICAL PILES) — + ($6,800.00) ■ OPTIONAL SERVICES — + ($12,000.00) REVISED SCHEDULE: ■ PHASE I (Cond. Assess. & Due Diligence) — 2 weeks ■ PHASE II (Demo, Shell, Foundation, 30% AE Package) — 8 weeks ■ PHASE III (CD 60% & Bid) — 4 weeks + (2 Weeks) = 6 Weeks ■ PHASE IV (CD 100%) — 4 weeks + (2 Weeks) = 6 Weeks ■ PHASE V (Permitting) — 6 weeks ■ PHASE VI (Const Admin) — 26 weeks + (17 Weeks) = 43 Weeks Please indicate your acceptance by signing/dating below and remitting by email. We appreciate the opportunity to continue building our relationship and look forward to collaborating with City of Sunny Isles Beach in continuing this next project. Feel free to contact me at your convenience if you have any comments of questions. Sincerely, Robert Draper, RA Senior Architect BEA architects, Inc. City of Sunny Isles Beach Accepted by: Print Name: Title: Date: BEA architects, Inc. 11575 NW 7th Avenue, Miami FL 33168 info@beai.com Tel: 305.461 .2053 www.beai.com AR 0012160 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: Fabricio Volpi, Public Works Director. DATE: October 16, 2025 RE: Approval of a Second Amendment with BEA Architects Inc. for Architectural and Engineering Services for the City Annex Project RECOMMENDATION: Staff is recommending the City Commission approve the attached Resolution. REASONS: The City of Sunny Isles Beach approved BEA Architects Inc. to perform architectural and engineering design, permitting and construction services for the renovation of the old Tony Romas building into the new City Annex for Building Department offices along with a cafe space with Resolution 2024-3611 for a total approved contract amount of $263,610.00. Due to scope changes to the design after the original plans were completed, staff is recommending approving this amendment for a total of $152,409.00. The first amendment was for a time extension only. The primary purpose of these changes is to provide a wider opening between the outside dining and interior space, as well as, a relocation of the restrooms to make it a more attractive and viable retail space for leasing. ADDITIONAL INFORMATION: As the design architect and engineer for this project, it is necessary to continue to utilize the services of BEA architects Inc. to perform this work to complete the project. The A/E staff hourly rates have remained the same. Item Number: 91 309 Copies of the complete contract, including all exhibits and attachments, are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: Funds have been appropriated in account no. 140-4-5150-463000-00000. ATTACHMENTS: Resolution Second Amendment Item Number: 91 310