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
'. \ ( ..
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-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)
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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