HomeMy WebLinkAboutReso 2013-2038RESOLUTION NO. 2013 - X038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH BERMELLO AJAMIL & PARTNERS, INC. TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF
IMPROVEMENTS FOR THE INTRACOASTAL WATERWAY
PARKS IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO
EXCEED SEVENTY -SIX THOUSAND DOLLARS (S76,000.00),
ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach issued Request for Qualifications No. 12 -04 -02
for Continuing Professional Architectural & Engineering Services Firms Only (CCNA) for the
provision of general architectural and engineering services to the City; and
WHEREAS, on November 15, 2012, pursuant to Resolution No. 2012 -1997. the City
Commission selected Bermello Ajamil & Partners, Inc. as one of four (4) firms for the purpose of
providing continuing Architectural & Engineering Firms to Perform Engineering, Architectural,
Landscape Architectural, and Land Surveying Services to the City for various projects that may arise
throughout the 2012/2013 fiscal year; and
WHEREAS, the City is in need of a consultant to provide Geotechnical, Survey, Civil and
Electrical Engineering, Structural Engineering, Landscape Architectural and Irrigation design
services for the Intracoastal Waterway Parks Improvement Project; and
WHEREAS; the Consultant is qualified; willing and able to provide the desired services; and
the City desires to enter into an agreement with Bermello Ajamil & Partners, Inc. to provide these
services in an amount not to exceed Seventy-Six Thousand Dollars ($76;000.00); attached hereto as
Exhibit "A ". .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Bermello Ajamil & Partners, Inc. to
provide Professional Engineering Services for the design of improvements to the Intracoastal
Waterway Parks Improvement Project, in an amount not to exceed Seventy -Six Thousand Dollars
($76,000.00), attached hereto as Exhibit "A ", be, and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of Ciry Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
82013- Berrnello Ajamil Agmt For Eng Srvs Of Intracoastal Pks Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 2151 day of March 2013.
r.:ti'�.
ES �- AT,TEST:
{
t
Jane A. Hines. CHIC, Citv Clerk
APPROVED AS TO FORM
Vote: S —O
Mayor Edelcup
1" (Yes)
Vice Mayor Aelion
V (Yes)
Commissioner Gatto
(Yes)
Commissioner Levin
Yes)
Commissioner Scholl
_(Yes)
S.
Moved by: Corrvrn �LKOLL
Seconded by: l ' :5 ,Mnila MOB L'-1J I U
82013- Bermello Ajamil Agmt For Eng Sm Of Intracoastal Pks Page 2 of 2
(No)
(No)
(No)
(No)
(No)
as ° " " "' •., AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
,o BEACH AND BERMELLO AJAMIL & PARTNERS INC
CONTRACT NO. C1213 -013
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as
the "Agreement ") is made in duplicate, this 21 °r-day of (0i}2 A 2013,
by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as
"City"), and BERMELLO AJAMIL & PARTNERS, INC., a corporation authorized to do
business in the State of Florida (hereinafter referred to as "Consultant ") whose Federal I.D. # is
5°I • In*Z41 (&
RECITALS
WHEREAS, the City issued Request for Qualifications No. 12 -04 -02 for Continuing
Professional Architectural and Engineering Service Firms only ( "CCNA ") to perform general
architectural and engineering services to the City; and
WHEREAS, via City Commission Resolution No. 2012 -1997, Consultant was selected
as one of four (4) firms to perform engineering, architectural, landscape architectural and land
surveying services to the City for various projects that may arise throughout the year; and
WHEREAS, the City is in need of a consultant to provide Geotechnical, Survey, Civil
and Electrical Engineering, Structural Engineering, Landscape Architectural and Irrigation
design services associated with the Intracoastal Waterway Parks Improvement Project,
(collectively referred to as "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, 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 Seventy Six Thousand Dollars ($76,000.00).
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 shall provide Geotechnical, Survey, Civil Engineering,
Electrical Engineering, Structural Engineering, Landscape Architectural and Irrigation design
services associated with the Intracoastal Waterway Parks Improvement Project, as more fully
described in Attachment "A" attached hereto, and incorporated herein by reference. Consultant
agrees to furnish all labor and materials in a good workmanlike and professional manner and to
perform the Services designated in Attachment "A ". The Services shall be performed by
Consultant to the full satisfaction of the City. Consultant agrees to have a qualified
C1213 -013 BERMELLO AJAMIL- Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
z
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
t: 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. In the event that the
Consultant fails to complete the Services pursuant to the terms of this contract and City must
undertake the completion of performance of Services, Consultant agrees to indemnify the City
for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Consultant's failure to perform the Services.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon issuance of Notice to Proceed from
the City Manager or his designee and the Services shall be completed no later than six (6)
months thereafter. Consultant is to continue to perform the Services in a diligent manner until all
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.
1
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 Seventy Six Thousand Dollars ($76,000.00) 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.
2
C1213 -013 BERMELLO AJAMIL - Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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 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 to 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:
3
C1213 -013 BERMELLO AJAMIL - Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
❑ 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.
❑ 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(ies) 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 - contractors 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
4
C1213 -013 BERMELLO AJAMIL - Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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 (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.
(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 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.
5
C1213 -013 BERMELLO AJAMIL- Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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.
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 Randy Hollingworth
Consultant : Director of Planning - Landcape
j Architecture- Urban Design
Bermello Ajamil & Partners
2601 S. Bayshore Drive
i Miami, Florida 33133
Tel: 305) 859 -2050
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.
C1213 -013 BERMELLO AJAMIL- Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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 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 any and all 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
7
C1213 -013 BERM ELLO AJAM I L - Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
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.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
any attachments hereto.
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 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.
8
C1213 -013 BERM ELLO AJ AMIL -Intracoastal Waterway Parks Project
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS CONSULTANT:
BEERRMELLO AJJ,AMIL & PARTNERS
SignatuFe ' �"1A �l a II I f1 wo
�r��
Lf, Sch<� a.. BY:
Print Name Name & Title
a
CITY OF SUNNY ISLES BEACH
Y
"Mc, City CleTk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
C1213 -013 BEPMELLOAIAMIL- Intracoastal Waterway Parks Project
ff
I11 T%f11PaWz§1K
ATTACHMENT A
Sunny Isles Beach, Florida
Intracoastal Waterways Parks
Bermello Ajamil & Partners Inc. (B &A) is pleased to provide City of Sunny Isles Beach (City) a
Scope of Services to provide design services associated with the Intracoastal Waterway Parks
Improvement Project. The City desires to retain B &A to provide Geotechnical, Survey, Civil
Engineering, Electrical Engineering, Structural Engineering, Landscape Architectural and
Irrigation design services. All services shall be provided based on RFQ 12 -04 -02 Prequalified
Engineering, Architectural, Landscape Architectural and Land Surveying Service Contract. All
fees are based on the agreed upon multiplier.
PROJECT DESCRIPTION
L;; The project is in Sunny Isle Beach, Florida and is bound by Collins Avenue on the east, the
Intracoastal Waterway on the west, Atlantic Isles to the north and the northern edge of the 202
Kings Point Drive property to the south. The project is bisected by Poinciano Drive. Poinciana
Drive right -of -way is not part of this project. The total project area is approximately 2.3 acres.
The City is the owner of the property.
Under previous outhorizaiion, B &A prepared and submitted a Conceptual Master Plan that
illustrated general intent for the project area. Services provided under this authorization will be
based on that approved Plan. Specifically the project includes removal and or relocation of
existing landscape, demolition; and the addition of a 5' tall concrete /CMU screen wall along
the southern property line, addition of columns and aluminum picket fencing along the
Intracoastal Waterway, addition of a covered playground area, addition of benches and trash
receptacles. addition of a concrete sidewalk and aesthetic grading, addition of security
lighting, and the addition of irrigation and landscape including specimen trees. The scope also
includes providing foundations for sign and art selections provided by the City.
The anticipated construction budget for the project is $700,000. The budget is the basis for the
scope of services. It shall be considered an additional service and fees renegotiated if
additional budget is allocated for the construction work.
SCOPE OF SERVICES
PART I - PRE - DESIGN: $23,300
Project Management -B &A shall coordinate the City's schedule as it relates to this scope, and
will provide timely invoicing and reporting of project progress.
Survey Services - The B &A Team will prepare a combined Boundary Survey with topographic of
four (4) adjoining parcels (Property I.D. numbers 3122140080150. 3122140080170, 3122140080200
and 3122140080220). Survey will be made in accordance with State of Florida Minimum
Technical Standards for Land Surveys as defined in Chapter 5J- 17.050 - 5J- 17.052, Florida
Administrative Code, and will include plotting any plaited easements. The limit of the survey
should be from the center line of Collins to the sea wall (not just the free standing screen wall)
along the Intracoastal Waterway and from the centerline of Atlantic Isle south to 20'south of the
southern boundary. The survey should include spot grades at regular intervals and all existing
features and property /right -of -way lines as well as visible evidence of underground utilities. The
Attachment "A"
r/
survey will show the walls, planters and structures within the Poinciana Drive right -of -way.
Elevations and locations of all significant surface features of the property will be picked up.
Elevations will be taken on an approximate 100' grid onsite and include information in the
adjacent roadways (Collins Avenue -up to the centerline -50' interval). Elevations will be relative
to National Geodetic Vertical Datum of 1929. This proposal does not include a cost for soft dig
exploratory excavation to determine vertical profile of existing utilities, plotting of easements and
other items available only from a title search, or locating paint marks on the surface of the
ground or pavement to delineate underground utility locations which would be marked out by a
professional utility locates firm.
Deliverables for Part I Pre- Design - As a result of these tasks, B &A shall produce the following:
Two (2) 8 ' /:" X 11" black and white signed and sealed Engineering Soil Evaluation
Reports,
PART II - PREPARATION OF CONSTRUCTION DOCUMENTS: $46,250
30% Construction Drawings - Based on the master plan approved by the City under previous
Authorization, B &A will prepare construction drawings that further illustrate and define the
elements and character. Drawings will at a minimum define proposed drainage concept,
illustrate finish, scale and proportions of walls, columns and fencing, define lighting fixtures and
tentative locations, define sidewalk paving pattern, define plant palette and location by type
(palm, ornamental, shrubs, etcetera). B &A will provide a list of anticipated regulatory permits
along with descriptions of action or information required from the City.
30% Opinion of Probable Cost - B &A shall prepare an estimate of probable cost for all elements
detailed in the 30% Construction Drawings.
30% City Review Meetings - B &A will attend one (1) meeting with the City to review the progress
of the construction documents. The City will provide B &A one {1) consolidated list of comments
or changes. Minor revisions will be incorporated into the documents during the next phase of
work. Major changes that represent o significant departure from the original design program,
budget, and approved master plan shall be completed on a time and material basis. B &A will
prepare and distribute, via e-mail, minutes from the 30% review meeting.
Regulatory Permitting - Based on the approved 307S construction drawings and comments
received from the City on the draft permit applications, B &A will finalize regulatory permits such
as FDOT and DERM and submit them to said agencies. B &A will track the Agency review
progress and report critical path items to the City. B &A will respond to Agency comments and
reissue drawings or documentation as required. City shall be responsible for permit application
fees.
90% Construction Drawings - Based on the approved 30% Construction Drawings and Opinion of
Probable Cost, B &A will proceed with the preparation of detailed civil, electrical, structural,
hadscape, landscape and irrigation construction drawings as well as horoscope layout plans.
Abbreviated technical specifications will be included on the drawings.
90% Opinion of Probable Cost - B &A shall prepare an estimate of probable cost for all elements
detailed in the 90% Construction Drawings.
90% City Review Meetings - B &A will attend one (1) meeting with the City to review the progress
of the construction documents. The City shall review the submitted drawings as well as the
A . provide B &A one (1) consolidated list of comments or changes. Minor revisions will be
r,� incorporated into the documents during the next phase of work. Major changes that represent
a significant departure from the original design program, budget, and approved master plan
( shall be completed on a time and material basis. B &A will prepare and distribute, via e -mail,
I` minutes from the 90% review meeting.
r
100% Final Construction Drawings - Based on comments received from the City and the
elements detailed in the 90% Construction Drawings, B &A will finalize the construction drawing
set in preparation for Bidding.
Deliverobles for Part 11 Preparation of Construction Documents - As a result of these tasks, B &A
shall produce the following:
One (1) 24" X 36" black and white PDF copy of 30% Construction Drawings
including Tree Disposition, Civil Engineering, Electrical, Hardscape and Landscape
One (1) 8 y:" X I I " black and white PDF copy of 30% Opinion of Probable Cost
One (1) 8 y:" X 1 1 " black and white PDF copy of 30% CD's City Review Meeting
! One ()) 8 y:" X I I " black and white copy of Regulatory Permit Applications
One (1) 24" X 36" block and white PDF copy of 90% Construction Drawings
including Tree Disposition, Civil Engineering, Electrical, Structural, Hardscape,
Landscape and Irrigation
One (1) 8 yz" X I 1 " block and white PDF copy of 90% Opinion of Probable Cost
One (1) 8 yz" X I I" black and white PDF copy of 90% CD's City Review Meeting
One (1) 8 ys" X I I" black and white copy of Regulatory Permit Applications
One (1) 24" X 36" black and white PDF copy of 100% Construction Drawings
including Tree Disposition, Civil Engineering, Electrical, Structural, Hardscape,
Landscape and Irrigation
One (1) 24" X 36" block and white copy of 100% Construction Drawings including
Tree Disposition, Civil Engineering, Electrical, Structural, Hardscape, Landscape
and Irrigation detailed in the 100% Construction Drawings.
PART III - BID FORM: 250
Bid Form - Based on the 100% Construction Drawings, B &A will prepare a complete Bid Form.
B &A will calculate and list on the Bid Form all quantities of materials and components described
and shown on the 100% Construction Drawings. The Bid Form will itemize the project
construction components by CSI sections to allow the City to obtain detailed unit prices. The Bid
Form is to be included in the City's public bid for the project. City is responsible for advertising,
request for bids and receiving bids.
Deliverables for Pad III Bid Form and Bidding Assistance - As a result of these tasks, B&A shall
produce the following:
One (I) 8 y:" X I I" black and white digital copy of the Bid Form
One (1) 8 y," X 11" block and white hard copy of the Bid Form
PART IV - ADDITIONAL SERVICES
B &A will provide Additional Services to the City on time and materials basis:
(based on the rates established in the Continuing Services Agreement with the City)
FT
23. The City agrees that B &A shall not be required to provide detailed backup, in the form of
hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. If
backup is required the City agrees to pay B &A, on an hourly basis, for the cost of
providing such additional information.
PART V - PROJECT SCHEDULE
B &A is prepared to begin work on the project immediately upon receipt of this executed Scope
of Services. B &A, in consultation with the City, shall perform its work in such a manner as to
comply with an agreed upon schedule.
PART VI - COMPENSATION
Parts I through III - B &A shall bill the City a lump sum fee for each Part of the Scope of Services as
listed below. Direct expenses shall be billed in addition the fee. Reimbursable expenses will be
itemized and billed at actual costs and include, but not be limited to, photocopies and printing,
postage and shipping, long distance telephone, faxes and all travel related expenses. Expenses
and trips associated with travel to the project site will be billed as reimbursable expenses.
Part I Pre - Design $23,300.00
Part II Preparation of Construction Documents $46,250.00
Part III Bid Form and Bidding Assistance $ 4,250.00
Reimbursable Expenses $ 2,200.00
Total: $76,000.00
F
I.
Construction Services
2.
Marine Engineering Services
r
3.
Renderings, illustrative or presentation graphics
�.
4.
Public meetings or presentation related to the previously completed Master Plan
+
rendering
5.
Meetings with City staff and or elected officials
6.
Design Intent Meeting
7.
Water Use Permit Application (SFWMD or DERM)
8.
Irrigation well design and any associated Electrical Design (Fees based on use of potable
water for Irrigation)
9.
Lighting design above and beyond security lighting
10.
Landscape up lighting design
11.
Potable water supply design
12.
Sanitary sewer design
13.
Architectural design services including pavilions, trellises or pergolas
14.
Detailed written technical specification sections
_
15.
FDEP or FFWCC Permitting
16.
Signage design
17.
Design work within the Poinciana Drive right -of -way
18.
Bidding Assistance
19.
Project Schedule
20.
Soft dig exploratory excavation to determine vertical profile of existing utilities
21.
Plotting of easements and other items available only from a title search
22.
Surveying painted marks on the surface of the ground or pavement to delineate
underground utility locations which would be marked out by a professional utility locates
firm
23. The City agrees that B &A shall not be required to provide detailed backup, in the form of
hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. If
backup is required the City agrees to pay B &A, on an hourly basis, for the cost of
providing such additional information.
PART V - PROJECT SCHEDULE
B &A is prepared to begin work on the project immediately upon receipt of this executed Scope
of Services. B &A, in consultation with the City, shall perform its work in such a manner as to
comply with an agreed upon schedule.
PART VI - COMPENSATION
Parts I through III - B &A shall bill the City a lump sum fee for each Part of the Scope of Services as
listed below. Direct expenses shall be billed in addition the fee. Reimbursable expenses will be
itemized and billed at actual costs and include, but not be limited to, photocopies and printing,
postage and shipping, long distance telephone, faxes and all travel related expenses. Expenses
and trips associated with travel to the project site will be billed as reimbursable expenses.
Part I Pre - Design $23,300.00
Part II Preparation of Construction Documents $46,250.00
Part III Bid Form and Bidding Assistance $ 4,250.00
Reimbursable Expenses $ 2,200.00
Total: $76,000.00
r,-- -- - _
Preview
gyp' ve
i� Os (VN 4
TO:
FROM:
DATE:
RE:
Page 1 of 2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mavor and Citv Commission
Helen Gray. PE. Citv Eneineer
3/21/2013
A Resolution Approving a Contract with Bermello Ajamil &
Partners, Inc. for Design Services for the Intracoastal Park
RECOMMENDATION:
We recommend City Commission approve the contract.
In 2012, the City processed an RFQ for professional consulting services for companies to
perform professional engineering services for various City projects; Bermello Ajamil &
Partners, Inc. was one of four firms selected to perform work for the City. The adopted
City budget includes a capital project for improvements to the Intracoastal Parks lying
alone the west side of Collins Avenue on both the north and south sides of Poinciana
Drive.
Under a previously approved work for this project, Bermello; Ajamil & Partners; Inc.
prepared renderings of the park for City consideration and approval. Improvements will
gene_ rally consist of decorative columns and fencing along the west edge of the property
and a solid wall along the south end, meandering paths, playground equipment with a
shade structure on the south parcel, park furniture. minor site security lighting,
landscaping, irrigation and signage. Repair or rehabilitation of the existing docks, pilings,
bulkhead or seawall caps, is not included in this scope or work and will be addressed via
a separate Work Authorization.
The project will be delivered via design- bid -build methodology; this contract provides
for the preparation of plans and specifications needed for bids cost estimates, processing
for permits, and bid phase services. In an not to exceed $82.00
—7&, 000
http: / /sibagenda.sibfl. net / Agenda / Preview. aspx ?ItemID = 1005 &MeetingID= O &MeetingDa... 3/14/2013
Preview
FUNDING SOURCE:
Funding is available in account numbers 35- 600 -5682; 5686; 5687; and 5692
ATTACHMENTS:
Resolution
Agreement
Page 2 of 2
http:llsibagenda.sibfl. net / Agenda / Preview. aspx? ItemID = 1005 &MeetinglD= O &MeetingDa... 3/14/2013)