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HomeMy WebLinkAboutReso 2020-3139RESOLUTION NO.2020 - Z [35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH HARDESTY & HANOVER, LLP, FOR PEER REVIEW SERVICES FOR THE PEDESTRIAN OVERPASS BRIDGE OVER COLLINS AVENUE AT 180TH STREET, IN AN AMOUNT NOT TO EXCEED TWENTY-NINE THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($29,760.00), 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 Florida Department of Transportation ("FDOT") requires an independent peer review of pedestrian overpass bridges on State Roads to be conducted by a firm selected from an FDOT pre -approved list; and WHEREAS, on July 18'', 2019 via Resolution No. 2019-2965, the City Commission approved an Agreement with Hardesty and Hannover, LLP ("Consultant") to provide independent peer review services related to the pedestrian overpass bridge to be located over Collins Avenue at 180"' Street ("Services"); and WHEREAS, the Consultant submitted a request for additional services not included in the original scope of services; and WHEREAS, after careful review the City Manager has determined that the additional services are required to attain completion of the project, as more specifically described in Attachment `B" of the Exhibit "A"; and WHEREAS, the City Commission now wishes to approve a First Amendment to the Agreement with Hardesty & Hanover, LLP to provide additional independent peer review services for the pedestrian overpass bridge to be located over Collins Avenue at 180th Street, in an amount not to exceed Twenty -Nine Thousand Seven Hundred Sixty Dollars ($29,760.00), 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 First Amendment. The City Commission hereby approves a First Amendment to the Agreement with Hardesty & Hanover, LLP to provide additional independent peer review services for the pedestrian overpass bridge to be located over Collins Avenue at 180tn Street, in an amount not to exceed Twenty -Nine Thousand Seven Hundred Sixty Dollars ($29,760.00), attached hereto as Exhibit "A". Section 2. Authority of Maw The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2020 1 st Amend W Hardesty And Hanover For Peer Review Services Pagel of 2 Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of N vem r 2020. APPROVED AS TO FORM AT "DEG L F C-->F NCY Edward A. Dion, City Attorney \-r Moved by: L*M4 George H. Scholl, Mayor Second by: ��i/lYyllc�tontLq._ Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) R2020 1 st Amend W Hardesty And Hanover For Peer Review Services Page 2 of 2 SUNNY �d16 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Hall (305)9493113Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Richard Labinsky, P.E., City Engineer DATE: 11 /19/2020 Resolution Approving the First Amendment to the RE: Agreement with Hardesty & Hanover, LLP for Peer Review Services for the Pedestrian Overpass Bridge at Collins Avenue and 180 Street. RECOMMENDATION: Staff is recommending the City Commission approve the attached Resolution. The Florida Department of Transportation (FDOT) requires an independent peer review of the structural design for the pedestrian bridge at Collins Avenue and 180 Street project. The City is currently in the design phase of this project. FDOT requires an engineering firm that is on their approved structural engineer list. The City approved an agreement with Hardesty & Hanover on July 18, 2019. Due to the increased complexity of the bridge following the original proposal, and the FDOT review requirements, the peer review engineer has submitted a request for additional services to complete the project. These additional services include, but not limited to, providing a global structural model, additional cladding details, intermediate stability analysis, vibration analysis, elevator core analysis, additional girder splice and connection details to review, additional foundation analysis required for augercast piles in uplift, constructability assessment, additional girder erection considerations, a review for hatches and other access elements to shallow box girder, additional model development effort for cladding and additional elements from proposal. The total cost of these additional services is in the amount of $29,760.00 bringing the total Not To Exceed Amount to $86,235.00. FUNDING SOURCE: Funds have appropriated in account no. 300-5-5410-465005-80005 ATTACHMENTS: Description Resolution First Amendment Item Number: 10.1-1. FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OPSUNNY ISLES; BEACH AND HARDESTY & HANOVER, LLC CONTRACT NO. 2019 - 7182 Tliis First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and HARDESTY & HANOVER, LLC. ("Consultant") executed this'2—� day of —MV - 2020, is made a part of (lie original Agieement ("Agreement") dated August 6,2019, between the City and Consultant, a copy of which attached hereto as Attachment "X', whose Federal Identification 4 is 45- 3031954. The City and Consultant hereby agree as follows. 1. ADDITIONAL SERVICES: The parties hereby wish to amend Section 2 of the original Agreement ("Services") to provide that Consultant shall also provide those services more fully described in Consultant's proposal. attached hereto as Attachment "B" and incorporated herein by reference ("Additional Services"). 2. ADDITIONAL COMPENSATION. The parties wish to amend Section 4 of (he Agreement ("Compensation") to provide additional compensation for the Additional Services in an arnount not to exceed Twenty -Nine Thousand Seven Hundred Sixty Dollars (S29,760.00). This amount will bring the, total contract amount not to exceed Eiglity-Six Thousand Two Hundred Thirty -Five Dollars ($86,235,00), 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the. original Agreement between the parties, dated August 6, 2019, and attached hereto as Attachment "A", shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in, this First Amendmentshall 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 Attachments "A" and "B", r-- IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. ISIGNATURE PAGE TO FOLLOW) Paige 1 of 4 Signature HARDEM & HANOVER, LLC— Xicc� iiael WS!ireno, PE., Principal CITY 0 UNNY LES BEACH BY- lcck GeorrA. SoMll, Mayor APPROVED AS TO FORM AND LEGAMUMCIENCY B r\ I ward �A, D�iojni, City Attorney \YJ Pup 2 of 4 Attachment 'W' Original Agreement Page 3 of 4 f'N" {q;r `v! F n AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH •..,, .. a.SV AND HARDESTY & HANOVER LLC, °r°•'" CONTRACT NO.2019 — 7182. THIS CONTRAC'1`U- L AGREEMENT (herei:nafter referred to as the "Agreement") is made in duplicate, this _� day af��re�ferred'to 2019, by and between the CITY OF SUN1tiY ISLES BEACH, Florida, (herein as "City"), and HARDE STY & HANOVER, LLC., a corporation authorized to do business in the State of Florida (hereinafter - referred to as "Consultant'"} whose Federal I.D. 4 is 45-3031954, RECITALS WHEREAS, the City is in need of Consultant to provide independent peer review services for the Sunny Wes Pedestrian Bridges ("Services"), and WHEREAS, Consultant has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Consultant is qualified, willing and able to provide the desired Services subject to the tenn5 and conditions contained hereia; and WHEREAS, the City desires to enter into this Agreerneot with Consultant to provide the Services in a total amount not to exceed Fifty -Six Thousand Four Hundred Seventy -Five Dollars ($56,475,00) in accordance with Attachment "A", NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows; 1, RECITALS. The Rechals set forth above are hereby incorporated into this Agreement and made a part hereof for reference_ 2, SERVICES. Consultant shall provide the Services as more particularly described in Attachment"A'- attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, the terns of this Agreement 5ha11 begin upon the issuance of a Notice to Proceed from the City Manager or designee -and shall terminate no later than One Hundred Eighty Days (l80) from date of issuance of the Notice to Proceed. 4. COMEPENSATION. 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 Fifty -Six Thousand Four Hundred Seventy -Five Dollars ($56,475,00) in accordance with Attachment "A", and under the fnl lowing conditions: a, Invoice Requirements, Consultant shall be required to submit detailed billing invoices, with each job detai ling the number of hours performed, in order to be paid by the City_ The dates and times the Services must be provided shall be mutually agreed upon by the City and Consultant, All Services to be performed by liardesay & Hanvvcr, T"t,C, City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-060.6 phone (305) 949-3113 Fax Consultant including the dates and times shall be directed through, and approved in advance by, the City Manager. b. Disbursements- There are reimbursable expenses associated with this contract as more particularly described in Attachment "A". However, no additional reimbursable expenses are authorized without express written approval in advance from the City Manager or his dosigncc. C. Vgyrnent Schedule, Invoices received from the Consulrant pursuant to this Agreement will be revie; red by the initiating City Department, The City shall pay the Consultant for the performance of the stated Services as follows: 5 0 % deposit of Professional Engineering Service Fee upon execution of this Agreement, and 50% upon completion of the plans for the permit. If Services have been rendered in confbrmity with the Agreement, the invoice will be sent to the Finance Department for payment_ Invoices must reference thu contract number assigned hereto- Invoices will be paid in accordance with the State of Florida Prompt Payment Act. d. Availability of Funds. The City's performance and obligation to pay under this A,greernent is contingent upon an annual appropriation for its purpose by the City Commission. e. 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 property included on this final invoice, axe 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 snake 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 iuuther 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 )EI ELATIONSIE)IIP. The Consudtant 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 2 Hardesty & Hanover, LLC- City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 detenriines necessary in carrying out its duties under this Agreement, & QWNERSMP 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, da.tnage and liabilities caused by Consultant, its age tits 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 limiters of One Million Dollars ($1,000,000) per occturrence. ❑ Worker's Compensation and employer's liability covcratrc, as required pursuant to Florida law. ❑ Umbrella insurance shall be required to purchase, maintain, and keep in full farce, effect, and in good standing above: the primary liability policies required herein. The litnit shall not be less than One Million Dollars ($1,000,000,00) per occurrence and annual aggregate per occurrence du irig the initial and any renelval term of this Agreement. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 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 nanred 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 3 Hardesty & Hanover, UC. City of'.SIInnyIsles -Bea eh 18070 Cattins Avenge, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax 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 REQUMEMTNTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. TERNUNATION AND REI'IEDIES 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, agrcements 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 (10) day:: 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, refsyes or is unable to perform any tercet 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 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. 8. Termination for Convenience of Ci . 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. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, florida, In the event it becomes 4 Hudesty & i-tanovtr, LT.C. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attomcy's fees at the pretrial, trial and appellate levels_ 10. CONFIDEIY'IIM. 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 arty reason whatsoever, disclose to any pet'son or entity, other than in the dischar;c of the duties of the Consultant under this Agreement,. any information which the City deFignates in writing as "confidcntial." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate retnedy 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, i l . 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 deli Very by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy-irnultaneously sent by certified or registered mail, first class po5tdge prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed tQ such party as follows: If to the City: Christopher J. Russo City Manager City of Sunny Isles Beach 18070 Collins Avenue, 4`b Floor Sunny Isles .Beach, Florida 33160 Tel: (305) 792,1776 If to the Michael Sileno, PE, Nilcipat Consultant: Hardesty & Hanover, LLC. 1400 Sawgrass Corporate Pkury- Suite 544 Sunrise, FL, 33323 With a Copy 10: Ed Dion City Attorney City of Sunny isles Beach 18070 Collins Avenue, 46' Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 12. - 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. 13. PUBLIC RECORDS_ The Consultant shall be required to comply with the following requirements under Florida's Public Records Law•: (i.) Consultant shal I Creep and maintain public records required by the City to perform the service. Mtrsty & Huaaver, UC_ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (ii.) Upon request from the City, Consultant Shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii) Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the City. . (iv) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. if the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records. upon completiun of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE - CONSULTANT HAS QUESTIONS REGARDING ` RE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@7a sibfl.net, 18070 Collins Avenue, 4"' Floor, Sunny Isles Beach, Florida 331 14. PROHIBITION AGAINST CONTRACTTNG WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel'List or that is engaged in the boycott of Isracl is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goads or services of One MiIIion Do]tars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed to the Scrutinized Companies with Activities in Sudan List, the Scrutinized C:omparties with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018_ Any contract entered into or renewed after July 1, 2018 shEiII be terminated at the City's option if the -company is listed on the Scrutinized Companies that Boycott Isracl List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachmeat `W- Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification, The Consultant shall have ninery (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the, contrdut. and seek civil remedies pursuant to Florida Statute Section 215.4725. 6 Hardesty & Flanover, LLC. City of Sunray .Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-06{)6 phone (305) 949-3113 fax IS. NON-DISCRIWNATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title V1 of the Civil Rights Act of 1984 as amended, Title V1T[ of the Civil Rights Act of 1968 as amended, Title I 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 1 1063, and with Executive Order 11248 as amended by Executive orders 11375 and 12086_ The Consultant will not discriZni.nate 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 ofpay or other forms of compensation, and selection for training, including appreniiceship. The Consultant agrees to post in conspicuous places, available to employees and applicants Far employment, notices to be provided by the City setting forth the provisions of this nor] -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,, whicl, prohibits discrimination against the handicapped in any Federally assisted program. l6. CONFLIC'r OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -[lade County Conflict of Interest Ordir7ance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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 sliall 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 cr 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. 17, TNDENiNIFI ATION AND WAIVER QF 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 fi-om and against all claims, damages, losses, and expense3 (including but not limited to attoroey's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negl igent 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 Wanection with any claim, damage, loss or expense that is auributable to bodily injury; sickness; disease; death; or injury to impahment, 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 7 Eardesty & Hanavu, I.I.C. City of LSumay Isles Beach 18070 Coffins Avenue, Sunny Isles Beach, Florida 33160 (303) 947-0606 phone (305) 949-3113 Fax L the Consultant may be legally liable_ The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification sec forth in this Agreement. 18. MISCELLANEOUS, A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be- binding upon the parties with the same effect as though the void or uncnforceable provisions had been severed and deleted. B, This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes, C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she si3ns this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their -respective party to this Agreement. E. This Agreement contain$ the entire agreement of the parties, and may be, amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. P. Contractor 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. G, if there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other doeunncnt or attachment, including but not lirrited to Attxclunnents "A" and "B 8 Hardesry & Hanaver, LLC. ( y afSore�y+" I,stes Reach I iO?G Wjns Mettiut, -Sunray Wee $B46h, Florida "33160 � ...... _ . II�f VYY'I1+TS$•�4+HEREOF; tine parties lzet�io ha�:$xecutsci th{a Auent is iripliste on le 48Y'Md Year: fast Viftn above T vi SMWAWA. r�JcW--4-- } f IN A'X`7'STz': � �, Matuioio�B,etancvr, Civi�,'G`ftyL'ietk; 9 Lid. -7ichakedt'snomfMot ' i i & • .SJJ. a R, Pr aipail CI7`Y S.S EEA, GOOIge choli, M yoi _ . OP" AS TO CORM AN LEGAL WFFIC M%(CX :Fd r3ion,'City At�ri.�n�y. City of Sunny Isles Oeach 18070 Collins Avenue, Sunny lslcs Beach, Florida 33160 (305) 947-0606 phone (305) 9494113 Fax Attachment "A" 14 Hardesty & Hanavcr, i.i.C. Sunny Isles Pedestrian Bridge Independent Peer Review Scope of Services Hardesty & Hanover. LLC will provide independent peer review services including to confirm the following: 1. Compatibility of bridge geometry with roadway geometries including typical sections, horizontal alignment, and vertical alignment. Minimum lateral offsets and vertical clearance requirements. 2. Compatibility of construction phasing with Traffic Control Flans. 3. Conflicts with underground and overhead utilities. 4. Compliance with AASHTO, FDOT, City of Sunny Isles Beach, and FHWA design requirements. 5. Conformity to FDOT Standard Plans. 6. Structural Analysis Methodology, design asstimptions, and independent confirmation of design results_ design resuIts/re [dmmendations (independent verification of the design). 7. Completeness and accuracy of bridge plans, 8. Constructability assessment limited to looking at fatal flaws in design approach. These services will be performed on the Category 2 components of the Sun.iy Isles Beach Pedestrian Bridge which include: 1. Steel Structural Box Girder: this is the element beneath the walking surface which spans from pier to piez 2. Cantilever Steel Plate Girder: these are the elements that support the box girder and are connected to the elevator core 3. Elevator Core: these are the steel space frame systems that support the cantilever plate girders and in turn the box girder span_ 4. Foundation: piles and cap that support the elevator core. This analysis is limited to the confirmation of the reactions at the top of the pile and lateral stability of the system. Deliverables: 1. 90% Submittal Standard Peer Review Certification Letter (Form 121-B) a_ includes comments and issues for resolution 2. Signed and Sealed 100% Certification Letter (Form 121-C) dd Fa ra 3 S- cm E E C4 49 41 -.4p '-M a] L6 46 'Cq 6 # r EL 2 k & \ ) \_ � i R � � � ) J ) ) � ) \ f _. & a City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles �1.C�A,.Flarida 33.J 60...... _. (305) 947-0606 phone (305) 940-3 E-13 Fax Attachment "B" 11 Hardesty & Hanavcr, LL4;_ a* XTIMCATION PURSUANT TO 1FLORWA STATUTE I IMAM �.—L�f��G�StLE�c�.cra�_behaIfp�, . ....s�� F�Na - yNawe nt celtiFiee that . f7 ! t/e _ dass.av� .. _ ... any► Name 1. Fmd*w m a boyeat Of Ig aa; ad Z. b not tm the Saudniu d Umpames &C Boycott Isigri list; .ad 1 Is not on the Sparc Wzed Cbmpanim wig► Artivitiea in Sadao Lank md 4. Is nit od the Scmdnized Cowpaaia wI& aivities in the Ireoq, pMkm Faey SeMr Ias4 and S. 21ho net eapsed in busfiNmapmtiow in Cuba nr Sy& Attachment "B" Additional Services Page 4 of 4 Sunny Ides Pedestrian Bridge Independent Peer Review Scope of Services - Supplement Request 2 10/21/20 Hardesty & Hanover, LLC will provide independent peer review seviices to confirm the foilowing: L Compatibility of bridge geometry with roadway geometrics Including typical sections, horizontal alignment, and vertical alignment. Minimum lateral offsets and vertical clearance requirements. 2. Compatibility of construction phasing with Traffic Control Mans, 3. Conflicts with underground and overhead utilities. d. Compliance with AASHTO, FDOT, City of Sunny Isles Bead+, and FHWA design requirements. 5. Conformity to FDOT Standard flans. 6. Structural Analysis Methodology, design assumptions, and independent confirmation of design results. Design results/recommendations (i ndepe nd ent ve rifi cation of the design). 7. Completeness and accuracy of bridge: plans. 8, Ccrnstructability assessment limited to looking at fatal flaws In design approach. Supplemental services required to perform can the Category. 2 components of the Sunny Isles. Beach Pedestrian Bridge which include, 1, Global Structural Model - Additional model development effort for cladding and additional elements from proposal 2. Cladding Details -Additional details from Building Black flan set 3. Vibration Analysis - Additional analysis required far dyna Mir response 4_ Elevator Core Analysis - Additional connections and details to review 5. Connections - Additional girder splice and connection details to review 6. Foundation Analysis -Additional analysis required for augereast piles in uplift 7. Construrtability asse:4srnent - Additional girder erection considerations 8. Inspection Access Analysis - Additional review for hatches and other access elements to shallow box girder 9. Coordination Meetings - Attendance of monthly meetings and other coordination meetings 10. Comment Resolution Meetings - Additional resolution meetings for maintenance and finally submittals since previous meetings used for draft submittals ; m .0 `0 @%2 '2-f«% $E� |�d mm �m�(��m�(�§ m 2 © \\ � E ƒ � §#®�5«#■@@� ■ �k�sg(Bskm( A opt a ` 2 L T Q m � 6tt a a U3 m LO m b y, a' +i m 7 w m s 1 s cz C fl. D m r w m N = m ... m m � rD m D m m m a g m > a m m dd a. W > s u _ m to m > m in n o ' > S a n > m m ro µ b o.3 • > m a. CL g w a 43 m a 3 D m O Ek am m m at � m ' � � u n 8 3 5 � 97 io mrt � 6i G E G d 6 W W W W a D i p w 0