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HomeMy WebLinkAboutReso 2010-1550 RESOLUTION NO. 2010 - JSSO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIFTH AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), TO PROVIDE ADDITIONAL ENGINEERING DESIGN SERVICES TO INCLUDE NORTH BAY ROAD FOR THE CONSTRUCTION OF THE CENTRAL ISLAND DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($22,380.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIFTH AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has continuously experienced problems with flooding in the Central Island area, and was in need of engineering services for drainage improvements in the Central Island area; and WHEREAS, on December 18, 2003 the City Commission, via Resolution No. 2003-628, approved an agreement with Beiswenger, Hoch & Associates for Stormwater System Design, Technical Assistance and Bidding Process for Central Island Stormwater Drainage for a total fee of One Hundred Sixty-Seven Thousand Forty Dollars ($167,040.00); and WHEREAS, pursuant to Resolution No. 2006-1025, adopted on December 14,2006, the City Commission approved the First Amendment to the Agreement to provide necessary updates to the existing plans and technical assistance required to incorporate the undergrounding utilities information for the Central Island Drainage Project, for a total fee of Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, pursuant to Resolution No. 2008-1202, adopted on January 17, 2008, the City Commission approved the Second Amendment to the Agreement to provide additional design services to incorporate curbs and gutters to all of the streets for the Central Island Drainage Project, for a total fee of One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00); and WHEREAS, pursuant to Resolution No. 2008-1220, adopted on February 21, 2008, the City Commission approved the Third Amendment to the Agreement to provide project management, engineering testing, and quality control services for the construction of this project, for a total fee of Two Hundred Seventy-Eight Thousand Three Hundred Fifty-Five Dollars ($278,355.00); and WHEREAS, pursuant to Resolution No. 2008-1299, adopted on July 17, 2008, the City Commission approved the Fourth Amendment to the Agreement to provide additional pre- construction and construction engineering and inspection (CEI) services for this project to include curb and guttered streets with increased parking, street lighting, landscaping, and additional improvements to Gwen Margolis Park, for a total fee of Four Hundred Thirty-Nine Thousand Nine Hundred Ninety-Five Dollars ($439,995.00); and WHEREAS, the City is now in need of additional engineering design services for this project to include drainage for North Bay Road; and WHEREAS, Beiswenger, Hoch and Associates has submitted a proposal to provide these services for the Central Island Drainage Project, for a fee of Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00); and WHEREAS, the City wishes to enter into an agreement with Beiswenger, Hoch and Associates to provide these services for the Central Island Drainage and Street Improvements Project, in an amount not to exceed Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed One Million Forty-Eight Thousand Six Hundred Twenty Dollars ($1,048,620.00), unless amended by prior approval of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Fifth Amendment to Consultant Agreement. The Fifth Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc., to provide engineering design services for the Central Island Drainage and Street Improvements Project to include drainage for North Bay Road, in an amount not to exceed Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00), 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 Fifth Amendment to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of April 2010. ATTEST: :"~A~ Jape A. Hines, GMC, City Clerk '. \ ( .. , ./ , -APPRO\fED 'AS TO FORM AND L AL FFICIENCY: Moved by: ~ Q M~V'" -WM-<tV<. Seconded by: 11l"t\~ So ~{~IU~> ~~ Vote: 5-0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) ~(Yes) ~(Y es) ~(Yes) ~(Yes) _(No) (No) _(No) (No) (No) vl'lNY IS{ << .., I>.r o ~ .>... - <<' . "'7 ~ . ("I J: ;1J .. * ,. ,). /gg \()'t' ",or 1-", ",. FLO~ ., C'1r- ",Q YOFSUl'l" THIS FIFTH AMENDMENT is made and entered into this lS-oI day of ai>~'L.. 2010, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and BEISWENGER, HOCH & ASSOCIATES, INC., a Florida corporation located at 1190 N.E. 163rd Street, North Miami Beach, Florida 33162, (hereinafter referred to as "Consultant"), whose Federal I.D. # is 59-0751610. CITY OF SUNNY ISLES BEACH FIFTH AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH & ASSOCIATES, INC. CONTRACT NO.: C0910-031 WHEREAS, the City has continuously experienced problems with flooding in the Central Island area, and was in need of engineering services for drainage improvements in the Central Island area; and WHEREAS, pursuant to Resolution No. 2003-628, adopted on December 18, 2003, the City Commission approved an Agreement with Consultant ("Consultant Agreement"), to provide stormwater system design, technical assistance and bidding process services for the City's Central Island Drainage and Street Improvement Project ("Central Island Drainage Project"), in an amount not to exceed One Hundred Sixty Seven Thousand Forty Dollars ($167,040.00); and WHEREAS, pursuant to Resolution No. 2006-1025 adopted on December 14,2006, the City Commission approved a First Amendment to the Consultant Agreement to provide the necessary updates to the existing plans and technical assistance required to incorporate the undergrounding utilities information for the Central Island Drainage Project, in an amount not to exceed Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, pursuant to Resolution No. 2008-1202 adopted on January 17, 2008, the City Commission approved a Second Amendment to the Consultant Agreement to provide additional design services for the Central Island Drainage Project in order to place curb and gutters to all of the streets for the Central Island Drainage Project, in an amount not to exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00); and WHEREAS, pursuant to Resolution No. 2008-1220 adopted on February 21, 2008, the City Commission approved a Third Amendment to the Consultant Agreement to provide project management, engineering testing, and quality control services for the construction of the Central Island Drainage Project in an amount not to exceed Two Hundred Seventy-Eight Thousand Three Hundred Fifty-Five Dollars ($278,355.00); and WHEREAS, pursuant to Resolution No. 2008-1299 adopted on July 17, 2008, the City Commission approved a Fourth Amendment to the Consultant Agreement to provide additional pre-construction and construction engineering and inspection (CEI) services for the construction of the Central Island Drainage Project to include curb and guttered streets with increased parking, street lighting, landscaping, and additional improvements to Gwen Margolis Park, in an amount not to exceed Four Hundred Thirty-Nine Thousand Nine Hundred Ninety-Five Dollars ($439,995.00); and C0910-031 Fifth Amendment - Central Island Drainage ~~R ~ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WHEREAS, the City is now in need of additional engineering design services for the Central Island Drainage Project to include drainage for North Bay Road; and WHEREAS, Consultant has submitted a proposal to provide these services for the Central Island Drainage Project, for a fee of Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00); and WHEREAS, Consultant has agreed to provide these additional services for the Central Island Drainage and Street Improvements Project, in an amount not to exceed Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00), as more fully described in Attachment "A", attached hereto and made a part hereof, bringing the total amount of the Consultant Agreement to One Million Forty-Eight Thousand Six Hundred Twenty Dollars ($1,048,620.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein stated, the parties hereto agree as set forth below: 1. ADDITIONAL SCOPE OF SERVICES: The Fifth Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc., to provide engineering design services for the Central Island Drainage and Street Improvements Project to include drainage for North Bay Road, in an amount not to exceed Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00), attached hereto as Exhibit "A", be and the same, is hereby approved. 2. COST: The Consultant agrees that services shall be provided strictly on an hourly basis per Attachment "A", and under no conditions shall the total cost exceed Twenty-Two Thousand Three Hundred Eighty Dollars ($22,380.00), unless amended by prior approval of the City. 3. TERM: The term to this Fifth Amendment to Consultant Agreement shall begin upon the execution of this Fifth Amendment and shall end upon the completion of the scope of services as per Attachment "A". 4. INCORPORATION OF TERMS AND CONDITIONS: Except as expressly amended or modified by this Fifth Amendment to Consultant Agreement, all of the terms and conditions of the original Consultant Agreement between the parties dated December 18, 2004, and all amendments subsequent thereto, shall remain in full force and effect. 2 C0910-031 Fifth Amendment - Central Island Drainage S\: 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 double on the day and year first written above. WITNESS: ~~h S ~______ Print Name: L,nJ~ S. s~tef.eJ ~~4 r~rL Print Name: ~;() 1'<24 E!us.ch ATTEST: ~~: ~~ ~~ Jane A. Hines, CMC, City Clerk .., BEISWENGER, HOCH & ASSOCIATES, INC. /?~!S.~ By: Print Name: ~/!I.;p:f -:g, :D~tSE.e Print Title: V /(.E f #~ /0;;- ,.rr 3 C0910-031 Fifth Amendment - Central Island Drainage COST ESTIMATE Beiswenger, Hoch & Associates Drainage Permit and Legal Easement@ North Bay Road 1. Drainaae Analvsis/Permit Senior Engineer: Engineer/Designer: Technician: 2. Easement Leaal Description Survey (3 person party): Professional Land Surveyor: Engineer/Designer: Technician: 100 hours @ $135/hour 20 hours @ $100/hour 20 hours @ $ 75/hour 140 = = = Subtotal = 2 days @ $1,150/day 8 hours @ $ 135/hour 8 hours @ $ 100/hour 16 hours @ $ 75/hour Subtotal = = = = = Grand Total = $13,500.00 $2,000.00 $1,500.00 $17,000.00 $2,300.00 $1,080.00 $800.00 $1,200.00. $5,380.00. .' . $22.380.00 ATTACHMENT "A" 81(8 ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID MC I DATE (MMIDDIYYYY) BEISW 1 01/18/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BROWN & BROWN OF FLORIDA INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8000 GOVERNORS SQUARE BLVD 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI LAKES FL 33016-1588 Phone: 305-364-7800 Fax:305-822-5687 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FCCI ADVANTAGE INSURANCE CO 12842 BEISWENGER HOCH & ASSOC. INC. NORONA LTD INSURER B: FCCI COMMERCIAL INSURANCE CO 33472 FRANCISCO & MARIA NORONA INSURER c: FCCI INSURANCE COMPANY 10178 1190 BUILDING COMPANY INC 510 SHOTGUN ROAD INSURER 0: SUNRISE, FL 33326 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRD TYPE OF INSURANCE POLICY NUMBER PD~,;!~';J~rJ5,wIE Pgk~t,~~h'b"~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X X COMMERCIAL GENERAL LIABILITY CPPOO07805 12/31/09 12/31/10 UAMA\jl: $ 100,000 PREMISES (Ea occurence) I--- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 f-- GENERAL AGGREGATE $2,000,000 I--- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Included h POLICY [Xl FJf8r n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I--- $ 1,000,000 B ~ ANY AUTO CAOO09879 12/31/09 12/31/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) f-- X HIRED AUTOS BODILY INJURY I--- $ X NON-OWNED AUTOS (Per accident) I--- I--- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 B ~ OCCUR D CLAIMS MADE UMBOO06097 12/31/09 12/31/10 AGGREGATE $2,000,000 $ :l DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I TORY LIMITS I IU~~- C EMPLOYERS' LIABILITY WC08A-58910 12/31/09 12/31/10 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured as respects to General Liability when required by written contract *10 days notice for non-payment of premium CERTIFICATE HOLDER CANCELLATION CIT3160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, iTS AGENTS OR CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE. SUNNY ISLES BEACH FL 33160 @ACORDCORPORATION 1988 ACORD 25 (2001/08) ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 04/05/2010 PRODUCER (305) 822-7800 FAX (305)362-2443 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami lakes, Fl 33014-9315 Zoraida Gonzalez Ext 159 zgonzalez@cafdf.com INSURERS AFFORDING COVERAGE NAlC# INSURED Beiswenger, Hoch & Assoc., Inc. INSURER A: Beazley Insurance Co. A VIII 510 Shotgun Road, Suite 400 INSURER B: Sunrise, Fl 33326 INSURER c: INSURER D: - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PRk!f: EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ - :=J CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAl & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ h .nPRO- n POLICY JECT LOC , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- (Ea accident) $ ANY AUTO f-- ALL OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AUTOS f-- HIRED AUTOS BODILY INJURY f-- (Per accident) $ NON-0WNED AUTOS f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU- I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ ~~~Mt~~Jis1o~s below EL DISEASE - POLICY LIMIT $ OTHf. VI0784100101 03/21/2010 03/21/2011 $2,500,000 Each Claim p'ro essional liab/ A laims-Made Form/Full $5,000,000 Annual Aggregate Prior Acts $100,000 Ea Claim Deductible IfIESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Margolis Park Drainage Issuing company will provide 30 days written notice of cancellation. E DE City of Sunny Isles Beach 17070 Collins Avenue Suite 250 Sunny Isles Beach, Fl 33160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ?Jft~I;;?-M Meade Collinsworth/ZO ACORD 25 (2001/08) @ACORDCORPORATION 1988 - City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jorge L. Vera, Assistant City Manager Service Division DATE: 4/15/20 I 0 RE: Amendment to Beiswenger, Hoch and Associates, Inc. consultant agreement RECOMMENDA TION: This resolution is presented to the City Commission for their consideration and discussion. REASONS: Now that the Central Island drainage improvement project has been completed, one area along North Bay Road still has some ponding problems. Although we have a ponding issue, during the engineer stage we tried to take into account all possible situations. During the design we took into account the placement of additional wells if needed. However, this variable was not part of the overall design of the project. In order to eliminate the ponding problem on North Bay Road, we would need to add a well and outfall to the drainage system. Beiswenger, Hoch and Associates, Inc (BHA) is the engineering firm that designed the stormwater system for the Central Island Drainage project. The City would like to amend the BHA contract for them to provide the additional design work. The proposal for the additional design is for an amount not to exceed $22,380, bringing the total contract to an amount not to exceed $1,048,620. FUNDING SOURCE: This project is funded from account # 40-538-5653. A TT ACHMENTS: . Resolution . Agreement Agenda Item No.IOE Date 411 5/20 I 0 82