HomeMy WebLinkAboutReso 2015-2471 RESOLUTION NO. 2015- 214 r I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD
AMENDMENT TO THE AGREEMENT WITH RJ BEHAR &
COMPANY, INC. TO PROVIDE ENGINEERING AND
ARCHITECTURAL SERVICES DURING THE CONSTRUCTION
PHASE OF THE SAMSON OCEANFRONT PARK IMPROVEMENTS,
IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY
THOUSAND THREE HUNDRED NINETY-EIGHT DOLLARS
($250,398.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on April 17,2014 via Resolution No. 2014-2229 the City Commission entered
into an Agreement with RJ Behar & Company, Inc. to provide Engineering and Architectural
Services for Samson Oceanfront Park, in an amount not to exceed One Hundred Three Thousand
One Hundred Thirteen Dollars and Fifty Cents ($103,113.50); and
WHEREAS, on September 18, 2014 via Resolution No. 2014-2293 the City Commission
approved the First Amendment to the Agreement with RJ Behar & Company, Inc. to provide
additional Engineering and Architectural Design Services in an amount not to exceed Thirty-Eight
Thousand Three Hundred Sixty-Four Dollars($38,364.00),bringing the total not to exceed amount
to One Hundred Forty-One Thousand Four Hundred Seventy-Seven Dollars and Fifty Cents
($144,477.50); and
WHEREAS,on June 18,2015 via Resolution No.2015-2437 the City Commission approved
the Second Amendment to the Agreement with RJ Behar & Company, Inc. to provide additional
Engineering and Architectural Design Services for contract management, structural drawings and
calculations for the new foundation of the bus stop and new entry walls/columns/foundation at
restrooms at Samson Oceanfront Park, in an amount not to exceed Fourteen Thousand Four Hundred
Dollars ($14,400.00), bringing the total contract not to exceed amount to One Hundred Fifty-Five
Thousand Eight Hundred Seventy-Seven Dollars and Fifty Cents ($155,877.50); and
WHEREAS, the City is now in need of Engineering and Architectural Services during the
Construction Phase of the Samson Oceanfront Park Improvements; and
WHEREAS, RJ Behar & Company, Inc. expressed the ability and desire to provide these
services and submitted a proposal; and
WHEREAS, the City Commission wishes to approve the Third Amendment to the
Agreement with RJ Behar & Company, Inc. to provide these additional Engineering and
Architectural Services during the Construction Phase of the Samson Oceanfront Park Improvements,
in an amount not to exceed Two Hundred Fifty Thousand Three Hundred Ninety-Eight Dollars
($250,398.00),bringing the total contract not to exceed amount to Four Hundred Six Thousand Two
R2015-RJ Behar Agmt Eng And Arch Srvs Samson Park 3rd Amd To AgmtPage 1 of 2
Hundred Seventy-Five Dollars and Fifty Cents ($406,275.50), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Third Amendment to Agreement. The City Commission hereby
approves the Third Amendment to the Agreement with RJ Behar & Company, Inc. to provide
additional Engineering and Architectural Services during the Construction Phase of the Samson
Oceanfront Park Improvements, in an amount not to exceed Two Hundred Fifty Thousand Three
Hundred Ninety-Eight Dollars ($250,398.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the Third
Amendment to the Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective u•on adoption.
PASSED AND ADOPTED this 15th day of October 2015
Georg- . Scholl, Mayor
ATTEST:
r., , \ is,r;
' 1111Ctre‘tt_ , s atAu.D.
Jane A. Hines,N1MC, City Clerk
APPROVED AS TO FORM
AND % . SUFFICIENCY:
Afittino , City Attorney
Moved by: Cb k)
Seconded by: V!4 A ?a R G Os-TT O
Vote: 5.,0
Mayor Scholl y(Yes) (No)
Vice Mayor Gatto v(Yes) (No)
Commissioner Aelion v (Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Levin ✓(Yes) (No)
P2015-RJ Behar Agmt Eng And Arch Srvs Samson Park 3rd Amd To AgmtPage 2 of 2
/"/NNf Iffy•
-\.� : THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY
•.",•«�`'° ISLES BEACH AND R.J.BEHAR&COMPANY,INC.
°"" CONTRACT NO.C1516-002
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and
R.J. BEHAR & COMPANY, INC., ("Consultant") executed this IS nay of October, 2015, is made a
part of the original Agreement between the parties dated April 17, 2014, ("the Agreement"), between the
City and Consultant attached hereto as Attachment "B" whose Federal Identification #
is •04i S i 010 . The City and Consultant hereby agree as follows:
1. ADDITIONAL SCOPE. Section 2 of the original Agreement is hereby amended to include
Engineering and Structural support and inspection services during construction at Samson Oceanfront Park
located at Collins Avenue and NE 174`h Street, ("Additional Services"), as set forth in Consultant's
proposal,a copy of which is attached hereto and incorporated herein as Attachment"A".
2. ADDITIONAL COMPENSATION. Section 4 of the original Agreement is hereby amended to
include additional compensation for the Additional Services in an amount not to exceed Two Hundred Fifty
Thousand Three Hundred Ninety-Eight Dollars($250,398.00).
3. TOTAL CONTRACT AMOUNT. The total contract amount, most recently increased via
Second Amendment to the Agreement, approved by the City Commission via Resolution No. 2015-2437,
on June 18, 2015, for a total amount not to exceed One Hundred Fifty Five Thousand Eight Hundred
Seventy Seven Dollars and Fifty Cents ($155,877.50), is hereby amended to include Additional
Compensation for this Third Amendment, in an amount not to exceed Two Hundred Fifty Thousand Three
Hundred Ninety-Eight Dollars ($250,398.00), bringing the total contract amount not to exceed Four
Hundred Six Thousand Two Hundred Seventy-Five Dollars and Fifty Cents($406,275.50).
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated April 17, 2014, shall remain in
full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained
in this Third Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent terms,statements,requirements or provisions contained in any other document or attachment,
including but not limited to Attachment"A"and"B".
IN •SS WHEREOF, the parties hereto have executed this document as of the date
ment' ed above.
ITNESS•' : i3.J.Y: 'Cl—r---.
shvw + 0etealf�' - Robert J. Behar,P.E., President
Print Name
t S T ATTEST:• -: CITY OF SU. Y I ES BEACH
, . : �., -� _.4—.6-- BY:
h.' 5,.Jane A. Hines,MMC, ity Clerk Georg . Scholl, Mayor
° ' t ;
• r t APPRO ' • S 1 . FIRM AND
s.: ‘ t:. LEGAL : 1,.c ., Y
•'/'. 1 . ,4 BY. `evil "`
an r e ttinot,r i' Attorney 0
`ter R J Behar & Company, inc.
Engfneers • Planner s
Consultant Work Order Proposal—City of Sunny Isles Beach
Supplemental#3
ENGINEERING AND ARCHITECTURAL SERVICES FOR
SAMSON OCEANFRONT PARK
R.J. Behar & Company, Inc. (RJ Behar) proposes to provide engineering and
architectural services for improvements to Samson Oceanfront Park located at SR AlA
(Collins Avenue) and NE 174`x' Street in the City of Sunny Isles Beach; pursuant to its
Professional Services Agreement with the City of Sunny Isles Beach, Florida.
PROJECT DESCRIPTION:
The project consists of improvements to the existing Samson Oceanfront Park. This
supplemental proposal is for Engineering and Architectural support and inspection
services during construction. The following is based n a construction duration not to
exceed 270 days.
I. ENGINEERING SERVICES:
® Respond to Requests for Information (RFI)
e Shop drawing reviews
o Full Time on-site RPR
1. Observe construction for compliance with plans
2. Prepare weekly Reports
3. Review all contractor submittals
4. Review all material testing reports, i.e. Density Tests, Concrete strength,
etc.
5. Prepare Punch List for Project Close out
o Provide Special Inspector Services for Auger Pile Installation
e Attend Weekly Progress meetings
o Attendance at preconstruction meeting
o Verify quantities and review/approve payment applications
o Review and Evaluate Contractor Change Orders
o Review and Approve"As Builts"
e Project close-out and certification
II. STRUCTURAL DESIGN SERVICES:
o Respond to Requests for Information (RFI)
e Shop drawing reviews
o Perform site visit as required
e Review Special Inspector Report and Certify Piles
o Review Submittals& Substitutions
o Attend Progress meetings as needed
Work Order Proposal_Supplemental #3 Samson Oceanfront Park Post Design Services
City of Sunny Isles Beach Page 1 oft
ATTACHMENT "A" �' `�
. T
R.j.Behar & Company, inc.
�° Engineers • Planner s
o Attendance at preconstruction meeting
o Review and Evaluate Contractor Change Orders
o Project close-out and certification
IIL MEP SERVICES:
o Respond to Requests for Information (RFI)
o Shop drawing reviews
o As needed Site Visits(up to 10)
o Review Submittals & Substitutions
o Attend Progress meetings as needed (up to 4)
o Review and Evaluate Contractor Change Orders
9 Project close-out and certification
IV.LANDSCAPE ARCHITECTURAL
o Respond to Requests for Information (RFI)
o Shop drawing reviews
o Provide site visit reports to show progress- document deficiencies
o Review Submittals& Substitutions
o Select Plant Material in nursery
o Attend Progress meetings as needed (up to 10)
o Attendance at preconstruction meeting
o Review and Evaluate Contractor Change Orders
o Project close-out and certification
V. ARCHITECTURAL SERVICES
o Respond to Requests for Information (RFI)
o Shop drawing reviews
o Site visit as required during 10 months
o Review Submittals & Substitutions
o Attend Progress meetings as needed (up to 10)
o Attendance at preconstruction meeting
o Review and Evaluate Contractor Change Orders
o Project close-out and certification
VI.ENVIRONMENTAL ENGINEERING SERVICES
a RFIs—E Sciences will prepare written responses to CCCL permit or related
environmental questions.
o Pre-construction meeting— E Sciences will attend the permit-required pre-
construction meeting and explain the environmental permit conditions associated
with the project.
Work Order Proposal _Supplemental #3 Samson Oceanfront Park Post Design Services
City of Sunny Isles Beach Page 2 of 2
r: R.j.Behar & Company, Inc.
1= - Engineers • Planner s
o Update meetings and team coordination—E Sciences will attend update
meetings when requested. This proposal includes up to 20 meetings. Additional
time is included to answer CCCL permit-related questions associated with
environmental issues from other team members or the contractor during
construction.
o Coordination with state agencies—E Sciences will coordinate design
modifications or other issues with the Florida Department of Environmental
Protection or the Florida Fish and Wildlife Conservation Commission to clarify
I permit related questions. This proposal includes up to three consultations.
o Permit compliance inspections—E Sciences will visit the site up to three times
Ito observe permit compliance on items such as tree/vegetation protection, permit-
required fencing, lighting etc. We will provide a written report documenting our
findings from each of the three site visits and recommendations.
VII. GEOTECHNICAL ENGINEERING SERVICES
An allowance is established for consultation as needed.All Material Testing during
construction will be provided by the contractor.
VIII. COMPENSATION:
{ I Civil En:ineerin: $210,703.00
II Structural En•ineerin• $ 5,250.00
III MEP $ 6,750.00
IV Landscape Architecture $ 11,380.00
V Architectural Services $7,000.00
VI Environmental Services $6,815.00
VII Geotechnical En:ineerin• S 2,500.00
Work Order Proposal Supplemental 43 Samson Oceanfront Park Post Design Services
City of Sunny Isles Beach Page 3 of 2
f7-----1, ,..
lit
R
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH R J BEHAR & COMPANY, INC.
"° �° CONTRACT NO. C 1314-047
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this !7' day of tli , 2014, by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and R J BEHAR &
COMPANY, INC., a corporation authorized to do business in the State of Florida (hereinafter
referred to as "Consultant") whose Federal 1.D. # is GS' 090'010 .
RECITALS
WHEREAS, in response to the City's Request for Qualifications No. 12-04-02 and
Resolution No. 2013-2046, Consultant was selected as one of four (4) firms selected to perform
professional engineering services for various projects that may arise throughout the year; and
WHEREAS, the City is in need of a consultant to provide professional engineering and
architectural services for improvements to Samson Oceanfront Park located at SR A I A Collins
Avenue and N.E. 174th Street ("Services"); and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to contract with Consultant to provide the Services, as
more fully described in Attachment "A" which is attached hereto; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed One Hundred Three Thousand One Hundred Thirteen
Dollars Fifty Cents ($103,113.50).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part hereof for reference.
2. SERVICES. Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment
"A" attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City. Consultant agrees to have a qualified
representative to audit and inspect the Services provided on a regular basis to ensure all
Services are being performed in accordance with the City's needs and pursuant to the terms of
this Agreement, and shall report to the City accordingly. Consultant agrees to immediately
inform the City via telephone and in writing of any problems that could cause damage to the
City's property, improvements and persons. Consultant will require its employees to perform
their work in a manner befitting the type and scope of work to be performed.
ATTACHMENT "B" Fu 5.��_,
�
CI3I4-047 R.1 BEHAR&CO
•
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to
Proceed from the City Manager or his designee and shall terminate upon the completion of
Services. Payment will be made only for work completed to the satisfaction of the City.
Consultant is to commence performance of work on the Commencement Date and continue in a
diligent manner until work is complete. Consultant acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of
Sections 16 and 17 entitled "Indemnification and Waiver of Liability" and "Compliance with
Law" respectively, shall survive termination of this Agreement.
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an
amount not to exceed One Hundred Three Thousand One Hundred Thirteen Dollars Fifty Cents
($103,113.50) for the performance of the stated Services. Payment to Consultant for all charges
and tasks under this Agreement shall be in accordance with this Agreement and the schedule of
charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under
the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on
this final invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
2
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C 1314-047 R J BEHAR•&CO-. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the
Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than
as an independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any
Federal income taxes or pay Social Security services and that such obligations shall be that of
the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services td this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other
parties shall be approved in writing by the City. If requested, Consultant shall deliver the
documents to the City within fifteen (15) calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations. including, but not limited to. contractual,
products, and completed operations, personal injury and property damage
liability with minimum limits of One Million Dollars ($1,000,000) per
occurrence.
❑ Professional Liability ("Errors and Omissions") insurance with minimum limits
of One Million Dollars ($1,000,000.00) per occurrence.
3
C1314-047 RJBEHAR&CO.. INC. J 9 .
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949-3113 Fax
❑ Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million
Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per
accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per
accident for property damage.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in
forms and issued by insurance companies acceptable to the City Manager or his designee. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves
the right from time to time to change the insurance coverage and limits of liability required to
be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
sub-Consultants providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to he performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten(10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay
for services rendered as of the date of termination.
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4' g :)
Ao
C1314-047 R.1 BEHAR 84 CO.. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Consultant and the City may reasonably withhold payment to
Consultant for the purposes of set-off until such time as the exact amount of
damages due the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
9. ARBITRATION. It is the intention of the parties that whenever possible, if a
dispute or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures, rules and regulations of the American Arbitration
Association. The decision rendered by the Arbitrator shall be final and binding upon the parties
and judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration
and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither
party prevails on the whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys' fees as may be determined by the court on
confirmation.
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to
any person or entity, other than in the discharge of the duties of the Consultant under this
Agreement, any information which the City designates in writing as "confidential." As a
violation by the Consultant of the provisions of this Section could cause irreparable injury to the
City and there is no adequate remedy at law for such violation, the City shall have the right, in
addition to any other remedies available to it at law or in equity, to enjoin the Consultant from
violating such provisions.
5
CI314-047 R 1 BEHAR&CO.. INC. "£ifl[
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid. return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service),addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Javier Rodriguez
Consultant : R J Behar& Company, Inc.
6861 SW 196th Ave., Ste. 302
Pembroke Pines, Florida 33332
Tel: (954) 680-7771
12. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County,
Florida.
13. AUDIT. The Consultant shall make available to the City or its representative all
required financial records associated with the Agreement for a period of Three (3) years.
14. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended; Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973,.the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status, or status with regard to public assistance. The Consultant
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
6
C1314-047 R J BEHAR&CO.. INC. j
Iii.:
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
of pay or other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1. as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as
if fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of, delegate to the Congress of
the United States, any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents.
representatives, officers, directors, officials and employees from and against claims, damages,
•
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent
acts, errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors.
mistakes or omissions the Consultant may be legally liable. The parties agree that One
Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
indemnification set forth in this Agreement.
17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations
and ordinances of any federal, state, or local governmental authority having jurisdiction with
respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all
material permits, licenses, approvals and consents necessary for the lawful conduct of the
activities contemplated under this Agreement.
7
ra
C)314-047 R 1 BEHAR&CO.. INC. Xi))
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Consultant's proposal attached hereto as Attachment "A".
19. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement, together with the terms and conditions set forth in Request for
Qualifications No. 12-04-02 shall constitute the entire Agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous
oral and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable
unless such waiver is in writing and signed by the party granting such waiver.
[remainder of page intentionally left blank]
8
01314-047 R J BEHAR&CO..INC. "�' '
af.,
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305)949-311.3 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WI R J BEHAR & COMP Y, INC.
/" ignature BY: .2.K1
Robert J. Behar,P.E.,President/CEO
--lA /2,t44,-) e.
Print Name
ATTES : CITY OF SUNNY ISLES BEACH
V i / .
41),!'i/ BY: / �b,t<l�,t;/ %.e.•
BY: C.�._:..r:,.
Jane • Hines, C,City Clerk No• an S.Edelcup, Mayor
• APPRO ' • TO FORM
AND L •iiI F7 CIENCY
B
Y f/II Hans Ottinot City Attorney
9
C1314-047 R J BEHAR&CO..INC.
E.),
R.J.Rehar & Company, Inc.
J : En ( veers i
g Planners
Consultant Work Order Proposal—City of Sunny Isles Beach
ENGINEERING AND ARCHITECTURAL SERVICES FOR
SAMSON OCEANFRONT PARK
R.J. Behar & Company, Inc. (RJ Behar) proposes to provide engineering and
architectural services for improvements to Samson Oceanfront Park located at SR A l A
(Collins Avenue) and NE 174th Street in the City of Sunny Isles Beach; pursuant to its
Professional Services Agreement with the City of Sunny Isles Beach, Florida.
. I. PROJECT DESCRIPTION:
The project consists of improvements to the existing Samson Oceanfront Park. The',
design services will include: survey, sewer line upgrades with an on-site lift station, ADAM
upgrades, sidewalk and curb cuts improvements, site lighting, miscellaneous site
geometry corrections, existing restroom improvements, interior lighting improvements,
electrical service upgrade to 3 phase, and Environmental Coastal Construction Control
Line (CCCL) permitting. This proposal also includes a Conceptual Landscape Layout;
(CLL) to be used as the basis for Landscape Plan fees to be determined after approval of
the CLL. Additionally this proposal establishes an allowance for geotechnical services;
that may be needed for the restroom improvements design. This proposal does not
include post design/construction assistance services, which will be determined and
negotiated at a later date.
II. ENGINEERING SERVICES:
1.1 Site Visit and Assessment
RJ Behar shall conduct one field visit in.order to better familiarize staff with
the location of existing facilities as well as site specific constraints due
consideration during the conceptual planning of the proposed improvements.
1.2 Data Collection
This task will include obtaining and reviewing existing right of way and'
utility information, reviewing Maintenance of Traffic (MOT) requirements,;
identifying permit requirements, etc.
1.3 Site Improvements Plan .
This task will include developing a master site plan based on the survey and
providing vertical and horizontal control for all proposed improvements.
1.4 ADA Compliance Improvements
This task will consist of evaluating the existing site for ADA deficiencies and
developing details to bring the site up to compliance.
1.5 Covered Performance Area
This will determine location of proposed covered performance area and
prepare location to accommodate prototype/prefabricated structure.
Work Order Proposal _ Samson Oceanfront Park Services lI 115'City of Sunny Isles Beach Page 1 of 6 :_
R J Behar & Company, Inc.
14,4: Engineers • Planner s
1.6 Utility Conflicts Special Design
This task will include developing special conflict details to identify conflict
resolution method between sewer line and other existing utilities.
1.7 Utility Coordination
The Consultant will contact all utility owners in the project vicinity to
ascertain the location of their utilities (if any). This information will be
included in the plans to be utilized to identify potential conflicts.
1.8 General Notes Sheet
This plan sheet will include all City required notes as well as specific
instructions to the Contractor.
1.9 Sewer Connection Upgrades
This task includes a plan view and vertical and horizontal controls for;
construction of the sewer line upgrade.
1.10 Lift Station Design
This task includes the selection of the required pump size and selecting a
suitable location within the site.
1.11 Lift Station Plan
This task includes vertical and horizontal controls on plan view, sufficient to
construct the structure to contain the selected pump and connection to sewer i
line.
1.12 Exterior Site Lighting Design
This task includes an analysis of existing lighting and photometric
calculations.
1.13 Exterior Site Lighting Plan
The Consultant will prepare a plan sheet showing the location and power
connections to proposed site lighting improvements.
1.14 Structural Design
Structural design calculations, as may be needed, to construct the exterior
shower wall extension.
1.15 Structural Details
Plan details as may be needed for structural components of the exterior wall.
1.16 Specifications
The technical specifications for the project will be prepared and formatted to
comply with the City's front end documents.
1.17 Cost estimates
The Consultant will develop an estimate of probable construction costs for
the proposed design. A spreadsheet will be developed summarizing the
results and identifying estimated quantities and anticipated unit prices.
1.18 Contract Management
This entails coordinating and managing the subconsultants and ensuring their
compliance with project schedule and budget.
Work Order Proposal Samson Oceanfront Park Services
City of Sunny Isles Beach Page 2 of c9
R.J.Behar & Company, Inc.
.1 jItEngineers • Planners
1.19 Coordination Meeting(with City Staff)
The Consultant will attend (up to four) coordination meeting with the City's
Staff.
1.20 Permitting
The Consultant will establish contact with FDOT District 6, Miami-Dade
County, and City of Sunny Isles Beach to determine their requirements and
conditions for project approval and procure all necessary permits. This does
not include permit fees.
1.21 Workshop Support
The Consultant will provide technical support during the workshop and
presentation to commission, including a PowerPoint presentation and 2
Exhibit Boards.
1.22 Bid and Award Support
RJ Behar will furnish the Contract Documents to the City for bidding, attend
a prebid conference, address any inquiries from bidders, issue addenda as
required and assist in the evaluation of bids.
III.SURVEY SERVICES:
Our survey subconsultant will perform a Boundary/Topographic Survey to include the
following information;
1. Longitude will locate all walkways, sidewalks, buildings, light poles, and all other
significant above-ground features within the survey corridor.
2. Longitude will establish the City of Sunny Isles Beach Bulkhead Line and the
Erosion Control Line.
3. Longitude will collect elevations in an approximate 50-foot grid throughout the
survey limits.
4. All elevations shall be based on the North American Vertical Datum 1988
(NAVD88), unless the client prefers a different datum.
IV.ARCHITECTURAL SERVICES:
1. Initial site visit to meet with the City officials, gather site information and pick up the
existing paper working drawings.
2. Incorporate the existing drawing information into the CADD files to aid in the design
of the project.
3. Composed Schematic Design (SD) of the new bathroom additions of W/C and the
new showers on the new wall to be used for presentation to the City for their
approval,
4. Develop the SD into the final working, (permit) drawings that will be submitted for
approval to the building department.
5. Assist the City in the preparation of any changes needed to issue the drawings for
construction the bid documents.
Work Order Proposal Samson Oceanfront Park Services ch
City of Sunny Isles Beach Page 3 of 6 Si? ,_.✓t
R.l.Behar & Company, Inc.
Engineers • Planner s
V. MEP SERVICES:
The MEP subconsultants will produce construction documents and . drawing;
specifications for lighting upgrades in vending area and restrooms and new electrical:
service for obtaining 3 phase power drop into site. The services shall include the'
following:
1. Two (2) Coordination meetings with Client and City of Sunny Isles Beach to
establish the design criteria for electrical and site lighting.
2. Construction documents and specifications for electrical and site lighting, which,
include, but are not limited to, floor plans, schedules, risers,panels, details, etc.
3. Coordinate and conform to the applicable Building Codes and building departments. i
4. Three (3) sets of signed and sealed permit documents. Additional sets to be billed as
reimbursable.
5. Progress/Coordination meetings with Client/Owner for design.
6. Light fixture selection and placement is included.
VI.ENVIRONMENTAL PERMITTING:
Task 1 —Vegetation and Habitat Assessment
This task includes a desktop review of potentially regulated resources and conducting a
site assessment to document the presence/locations of vegetative communities within the
project area, including beach dune, coastal strand, hammock, wetland and exotic;
vegetation. E Sciences will assess the potential for impacts to sea turtles due to existing
and proposed lighting and changes to the park's landscaping. Findings will be prepared in j
a memorandum for use in permitting, along with a figure depicting vegetative
communities or habitat.
Task 2 —Plans Review and Comments
E Sciences will review the proposed plans and comment on aspects that we identify as
unlikely to be in compliance with FDEP and FWC guidelines, as well as Chapter 108,:
Article III of the City of Sunny Isles Beach Code of Ordinances. If requested, E Sciences
will red line the plans and suggest modifications. Recommendations may include
lighting options that have been preapproved by the FWC as sea turtle friendly.
Task 3—Permitting and Agency Coordination
E Sciences will complete the permit applications and prepare the permit application
packages with information provided by the survey/design team. Information that will)
need to be provided to E Sciences includes:
1. Ownership documentation,
2. Evidence that the project does not contravene local setback requirements and zoning
codes,
Work Order Proposal Samson Oceanfront Park Services \;� k9;:1
City of Sunny Isles Beach Page 4 of 6 `'"s '",,:
R.j.Behar & Company, Inc.
Engineers • Planner s
3. Site survey with information as required in 62B-33.0081 FAC,
4. Lighting plans,
5. Site plans,
6. Grading plans,
7. Cross sections,
8. Drainage calculations,
9. Construction schedule, and
10. Planting plans.
E Sciences will submit the application package and coordinate with the FDEP and FWC.
This scope includes one response to Requests for Additional Information (RAI). Responses
to the RAIs within this scope are limited to clarification of information previously;
submitted. Should one of the agencies request additional information or studies that were
beyond the scope of this proposal (e.g. a nighttime light survey or design modifications that
affect the permit), we will inform you that a modification in our scope and price may be
required.
The scope will include one site meeting with agency staff to review site conditions and
proposed improvements. We will attempt to meet with both agencies during the meeting. If
multiple inspections are necessary,this will be beyond the scope of services.
VII. LANDSCAPE ARCHITECTURAL
This task establishes an allowance to be invoiced hourly as needed to attend meetings
with City staff and assist in the development of a"Tree Survey".
VIII. GEOTECHNICAL SERVICES:
This task establishes an allowance to be used as needed in support of structural design.
IX.COMPENSATION:
'!•. . Xrt .liN.F , -.. sf' c__
I
1.1 Site Visit and Assessment $ 1,220.00
® Data Collection $ 868.00
1.3 Site Im.rovements Plan $ 4,176.00
1.4 ADA Corn'Hance Im.rovements $ 3,484.00
1.5 Covered Performance Area $ 3,308.00
1.6 Utilit Conflicts S.ecial Desi:n $ 2,088.00
1.7 Utilit Coordination $ 1,220.00
1.8 General Notes Sheet $ 5,044.00
1.9 Sewer Connection U.•rades $ 3,484.00
1.10 Lift Station Desi:n $ 4,314.00
1.11 Lift Station Plan $ 3,570.00
Work Order Proposal Samson Oceanfront Park Services r;
City of Sunny Isles Beach Page 5 of 6
R.J.Behar & Company, Inc.
-f" Engineers • Planners
1.12 Exterior Site Lighting Design $ 3,446.00
1.13 Exterior Site Lighting Plan $ 3,622.00
1.14 Structural Design $ 1,736.00
1.15 Structural Details $ 2,578.00
1.16 Specifications $ 5,182.00
1.17 Cost Estimate $ 3,893.00
1 A 8 Contract Management $ 4,314.00
1.19 Coordination Meetings $ 1,736.00
1.20 Permitting $ 6,471.00
1.21 Public Involvement/Workshop Support $ 4,314.00
1.22 Bid and Award Support $ 963.00
Jy.;•isw :t W .I,. �,. ,y 1....:�. tFd '!-3+1„*�^4v'�.
�:^v.r. `.:L.� -G �iC _=... .. •-'3' `-77:41 e �'-srJUs a{f.
II Survey $ 3,600.00
III Architectural $ 7,037.50
IV MEP $ 7,250.00
V Environmental(CCCL) $ 6,945.00
VI Landscape Architecture $ 5,000.00
VII Geotech $ 2,000.00
' r ".uSf. v _t . .`.`._ . : l+• _ . y 47.7=
Work Order Proposal Samson Oceanfront Park Services ,l s1
City of Sunny Isles Beach Page 6 of . ;}'�rye;)
I i
Item Coversheet Page 1 of 2
S�" `�
" !� City of Sunny Isles Beach
4 t-� J
18070 Collins Avenue
U
7,
. Sunny Isles Beach,Florida 33160
�' o •
10��,0 4' (305)947-0606 City Hall
•o. (305)9493113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Elka Linton-Dorsett, Capital Projects Manager
DATE: 10/15/2015
Resolution Approving a Contract Amendment with RJ
RE: Behar&Company, Inc for Engineering Services during
Construction of the Samson Oceanfront Park
Improvements.
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
Included in the adopted City Capital Improvement Plan is a project for
construction of improvements to Samson Oceanfront Park.
Programmed improvements include expanding the public restrooms,
installing a properly sized and routed sanitary sewer lateral,
constructing a new performance area and playground, upgrading the
hardscape and landscaping features,wall and signage enhancements
and replacing the existing deteriorated site lighting and associated
electrical system.
In April 2014, City Commission approved Resolution 2014-2229
awarding a $103,113.50 contract to RJ Behar & Company for
professional services for the design of improvements to Samson
Oceanfront Park. Two (2) contract amendments followed in
September 2014 and June 2015 for a total of $52,764 to address
additional design elements beyond the original scope of services.
In order to insure sufficient oversight and testing for the successful
implementation of this project, construction phase services are
needed. These services shall be provided by the project design
disciplines (Civil Engineering, Structural Engineer, MEP, Landscape
Architect, Architect, Environmental Engineer and Geotechnical
Engineer) for the project construction duration for a not to exceed
amount of$250,398.00
ADDITIONAL INFORMATION:
This resolution is also companion item with approving a bid award for
Construction Services to West Construction Inc.
FUNDING SOURCE:
&S'lW
Funding has been appropriated in account No 300-5.6446-465000-
.84'f1rr
65001 ATTACHMENTS:
Description
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1741 10/8/2015
Item Coversheet Page 2 of 2
Resolution
Third Amendment to Agreement
Item Number: 10.D.
•
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1741 10/8/2015