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HomeMy WebLinkAboutReso 2012-1904RESOLUTION NO. 2012- R64 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE AWARD OF RFQ NO. 12-04-03 TO AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STANLEY CONSULTANTS, INC., PROVIDED THAT THE AGREEMENT IS REVIEWED BY THE CITY ATTORNEY FOR FORM AND LEGAL SUFFICIENCY, TO PROVIDE ACOUSTIC ENGINEERING CONSULTING SERVICES FOR TOWN CENTER SKATE PARK, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach constructed a skateboard park within Town Center Park; and WHEREAS, providing a safe and secure environment for the residents of Sunny Isles Beach has always been a priority of the City Commission; and WHEREAS, the City is in need of a qualified acoustic engineering consultant to provide an assessment of and a solution to mitigate or eliminate noise emanating from the Skate Park; and WHEREAS, on April 6, 2012 the City issued Request for Qualifications No. 12 -04 -03 ( "RFQ ") for Acoustic Engineering Consulting Services for Town Center Skate Park, for which two (2) responses were received; and WHEREAS, staff has recommended Stanley Consultants, Inc. based on relevant experience, qualifications, and past performances related to the specific RFQ requirements; and WHEREAS, Stanley Consultants, Inc. is willing and able to perform said services; and WHEREAS, the City Commission desires to authorize the City Manager to enter into an agreement with Stanley Consultants, Inc., provided that the agreement is reviewed by the City Attorney for form and legal sufficiency, to provide acoustic engineering consulting services for Town Center Skate Park, in an amount not to exceed Fifty Thousand Dollars ($50,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. R2012- Stanley Consultants Inc Rfq 12 -04.03 Acoustic Eng Srvs Skate Pk Page 1 of 2 Section 2. Award of Bid and Authorization of City Manager. The City Commission hereby awards Bid No. 12 -04 -03 to and authorizes the City Manager to enter into an Agreement with Stanley Consultants, Inc., providing that the Agreement is reviewed by the City Attorney for form and legal sufficiency, to provide Acoustic Engineering Consulting Services for Town Center Skate Park, in an amount not to exceed Fifty Thousand Dollars ($50,000.00). Section 3. Authorization of Cityanager and City Attorney. Further, the City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 10th day of May 2012. ATTEST: b� Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -1 �antibo e�? vote: 5-O Mayor Edelcup Yes) Vice Mayor Thaler _(Yes) Commissioner Aelion ✓(Yes) Commissioner Gatto --Vr(YeS) Commissioner Scholl (Yes) Moved by: VICe 11 \ex�✓TykK* —Q _(No) _(No) _(No) _(No) _(No) R2012- Stanley Consultants Inc Rfq 12 -04 -03 Acoustic Eng Sm Skate Pk Page 2 oft AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND STANLEY CONSULTANTS, INC. CONTRACT NO. C1112 -039 THIS AGREEMENT, entered into this -day of lY` 2012, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City ") and STANLEY CONSULTANTS, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the ( "Consultant "), whose federal tax identification number is 42• t32a�58 RECITALS WHEREAS, the City is in need of a qualified acoustic engineer consultant to provide an assessment of and a solution to mitigate noise emanating from the Skate Park located at Town Center Park; and WHEREAS, on April 6, 2012 the City issued Request for Qualifications No. 12 -04 -03 ( "RFQ ") for Acoustic Engineering Consulting Services for Town Center Skate Park; and WHEREAS, City Staff has recommended Consultant based on relevant experience, qualifications, and past performances related to the specific requirements set forth in RFQ No. 12-04-03; and WHEREAS, Consultant is willing and able to perform said services; and WHEREAS, the City Commission desires to enter into an agreement with Consultant to provide acoustic engineering consulting services for Town Center Skate Park, in an amount not to exceed Fifty Thousand Dollars ($50,000.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, 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 shall provide acoustic engineering services for Town Center Skate Park pursuant to the terms and conditions set forth in RFQ No. 12 -04 -03 and the Consultant's proposal attached herein as Attachment "A". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end no later than Seventy Five (75) calendar days after Consultant's receipt of the official Notice to Proceed from the City Manager or his designee. Page I of 7 Is 4. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Fifty Thousand Dollars ($50,000.00) for the performance of the 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" 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. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. 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 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 CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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 Consultant 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 Page 2 of 7 S!B 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. 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 coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, Consultants or employees, as more particularly set forth below: (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Consultants, Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreements. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Errors and Omissions Liability The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant. Consultant shall not be required to name the City as an additional insured with respect to its Errors and Omission Liability or Workers' Compensation insurance. b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 3 of 7 1 1:1 Owned vehicles. Hired and non -owned vehicles. Employers' non - ownership. Such policies of insurance shall not diminish Consultants indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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) calendar day's prior written notice to the City Manager or his designee 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties needs to be approved in writing by the City in order to be properly authorized. Any use for extensions of the project or for any other project without written verification or adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and without liability or legal exposure to the Consultant. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses - including, —but not - limited- to,-attomey's -fees - for - personal, .- eeonomic -or- bndiLy_injury, . wrongful death, loss of or damage to property, at law or in equity, resulting from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including but not limited to wrongful termination or allegations of discrimination or harassment of Consultant's staff, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten Page 4 of 7 I E31 (10) days to cure such default. If the default remains uncured after ten (10) days.the City may terminate this agreement (i.) In the event, of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) 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 payments 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 given written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (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. 10. ASSIGNMENTS. TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Consultant. - 1 -1 TIM -E-OF- COMP -LE -T -ION The -ser vices - to-be- rendered -b3- the- Consultant_shall_be -. commenced upon execution of this contract and shall be completed within the time specified in Attachment "A ", attached hereto and made a part hereof. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. RIGHT TO JURY TRIAL. Each of the parties reserves the right which they may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. 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 Page 5 of 7 other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 14. 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: Alan J. Cohen 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, Fl 33160 Tel: 305 792 -1702 If to the Consultant: Courtney Arena, Project Manager Stanley Consultants, Inc. 1641 Worthington Road, Suite 400 West Palm Beach, Florida 33409 Tel: 561 689 -7444 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. AUDIT— The - Consultant - shall- make - available- to- the-C– ity -or- its- reprasentativaTall- required - - -- - -- - - - financial records associated with the Agreement for a period of THREE (3) years. 17. 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 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 Page 6 of 7 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. 18. 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, direct 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. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 19. 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 Request for Qualifications ( "RFQ ") No. 12- 04 -03, or any attachments hereto. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. STANLEY CONSULTANTS, INC. Signature nn n/U Q n �n�,i� L B �� Print Name nature and Title Fw� o n b p�,r�u --- ATTEST: CITY OF SUNNY ISLES BEACH BY: BY: Jane A. Hines, CMC, City Clerk Alan J. Colien, City Manager FORM AND Attorney Page 7 of 7 City of Sunny Isles Beads — Acoustical Engineering Services for Are Town Center Skate Park — Pkase I Assessment SCOPE OF SERVICES OBJECTIVES The City of Sunny Isles Beach, Florida, (CLIENT) intends to conduct an acoustical assessment and sound abatement study for the Town Center Skate Park facility. CLIENT wishes to engage the services of Stanley Consultants, Inc., (CONSULTANT), for this Phase I Assessment. The objective of the acoustical assessment is to define the ambient background sound levels from the Town Center Skate Park and the residential locations while the Skate Park is closed. Additionally, the same type of ambient conditions will be defined during the Skate Park's operational conditions which will include peak usage times. The defined ambient conditions during this period will provide the worst -case sound Impacts which are most likely being experienced by the adjacent residents. Finally, three (3) sound abatement plans will be proposed and computer modeled for sound level reduction to provide solutions to the existing sound levels associated with the Skate Park. BACKGROUND The City of Sunny Isles Beach Town Center Skate Park is situated next to two of Winston Tower's two residential buildings (300 and 600) and in the vicinity of several other multi -level and high -rise residential buildings, including the Salem House. The adjacent residential towers contain residential units with exterior balconies situated at finished floor elevations that are equal to or greater than the existing Skate Park, A swimming pool and other outdoor recreational facilities for the Winston Towers Community are also adjacent to the Skate Park. _.- BASIE,SI,R�IEES Complaints of the noise from the Skate Park's operations have been previously documented by.the adjacent residences of Winston Towers and the Salem House. The City of Sunny Isles Beach retained a consulting firm in 2011 to assess the sound level situation relative to the City's Code of Ordinances and the complaints from the nearby residents. This proposed methodology to address the sound concerns and provide reasonable sound reduction measures is described below. Preliminary design and probable construction cost estimates for each of the three (3) abatement options presented will be provided as pan of the assessment. Below details the Scope of Services for the Phase 1 Acoustical Assessment for the Town Center Skate Park! 1. A desktop review of the previous assessment and a brief summary of the local City and County code requirements for noise will be performed. Page 1 ATTACHMENT "A ". City of Sunny Isles Beach —Acoustical Engineering Services for the Town Center skate Park — Phase I Assessment 2. Field monitoring will be performed to establish background sound levels (Skate Park closed) and ambient readings during regular and peak Skate Park usage operational hours. Field monitoring will be conducted with a two (2) person team on Monday, Wednesday and Saturday (peak usage), Weather conditions and schedule demands may require an adjustment in the field monitoring days. 3. CadnaA Computer Modeling — Modeling of the ambient existing conditions for when the Skate Park is open and when the Skate Park is closed will be performed. Modeling and results for three different mitigation options (to be discussed and determined by our team) will be performed. Sound level contour exhibits will be generated for the three residential buildings' ambient conditions and the three mitigation options evaluated. A full enclosure (building) is not a mitigation option to be. evaluated by this study, 4. Draft and Final Report —A well documented report that will include: • Discussion of general sound levels and sound information including examples of typical sound levels associated with common sources or activities • Summary of the methodology, process and analysis used for the sound evaluation • Results of the field measurements and observations for ambient existing background sound levels and other sources of background noise observed in the vicinity of the Skate Park • Results of computer modeling (ambient and mitigated) with sound contours and associated sound level reduction at multiple receptor points within the three (3) residential buildings of the Salem House, 300 Winston Tower and 600 Winston Tower • A table providing a comparison of the mitigation options with sound reduction and construction material cost estimates • Basic drawings /engineering exhibits of the three (3) sound mitigation design options • Discussion of the benefits and drawbacks of the three (3) sound mitigation options • A recommended mitigation option and conclusion • Appendix with Photograph Log 5. Structural engineering review of the proposed mitigation options. 6. Construction Cost Estimating of the proposed mitigation options. 7. Presentation to the City Commission — PowerPoint presentation and three (3) exhibit boards with the proposed sound mitigation options. Participation by the three (3) key team members. Page 2 City ofsunny Isles Bench - Acoustical Engineering Services for the Town Center Skate Park - Phase l Assessrnent 8, Meetings -Two (2) coordination meetings at the City of Sunny Isles Beach office. 9. Ten (10) hardeopies of the Final Report and an electronic copy on CD -ROM will be provided to the CLIENT. 10, Expenses - All expenses will be included as pan of the lump -sum compensation package. SCHEDULE The proposed Scope of Services will be completed within ninety (90) days of receiving the official Notice to Proceed (NTP) from the City of Sunny Isles Beach. COMPENSATION The CONSULTANT proposes the work described above will be completed for a lump -sum amount of $49,188.00, including taxes. Below is a schedule for project services and invoicing: 1. Field Monitoring and Computer Modeling (40 %) - $19,675.00 2. Draft Report (40%) -$19,675.00 3. Final Report (10 %)- $4,919,00 4. Meetings and Presentation (10%) -$4,919.00 ADDITIONAL SERVICES -- - -. Tlt-ff--Mllawtng -Adds inal- Services - are- rtot- inchnded -in- Basic -- Services -and- are- at- C- UE- I�FT -S- option— T -hese— - - - - -- - services, if exercised by CLIENT and agreed to by CONSULTANT, sball be paid for in addition to compensation for Basic Services, CONSULTANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. • Phase 2 Design and Construction of Sound Mitigation for the Town Center Skate Park • Assistance and / or preparation of the applicable Contractor RFP • Assistance with construction administration • Professional oversight to assist the City of Sunny Isles Beach with the selection and installation of the recommended acoustical materials. Page 3