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HomeMy WebLinkAboutReso 2001-323 RESOLUTION NO. 2001 - :3 d.-3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONTRACT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND BEISWENGER, HOCH AND ASSOCIATES, INC. FOR DRAINAGE SYSTEMS AND STREET IMPROVEMENTS FOR THE GOLDEN SHORES AREA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETEEN THOUSAND SIX HUNDRED EIGHTY-FIVE DOLLARS ($119,685.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO THE TERMS OF THE CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, drainage system and street improvements are needed in the Golden Shores area; and WHEREAS, Sunny Isles Beach Resolution No. 99-176 selected Beiswenger, Hoch and Associates as one of three qualified engineering consultants approved for quick response and specialized services for the design of miscellaneous projects and updating and modification of previously designed projects, pursuant to Florida Statutes 287.055; and WHEREAS, Beiswenger, Hoch and Associates has submitted a contract to perform Drainage Systems and Street Improvements for the Golden Shores area, attached hereto as Exhibit "A", and the City wishes to enter into said contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and Beiswenger Hoch and Associates for Drainage System and Street Improvements for the Golden Shores area, in an amount not to exceed One Hundred Nineteen Thousand Six Hundred Eighty-Five Dollars ($119,685.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said contract and do all things necessary to effectuate the agreement Section 3. Effective Date. This Resolution shall become effective upon adoption PASSED AND ADOPTED this lih day of Ap ., 001. Page 1 of2 Golden Shores Drainage System & Street Improvements - Beiswenger Hoch & Associates i J , .. ATTEST': ' ~ -f \ .' - 1 ~ 'l ., .' :~\~/~~~'A~~ \~cl1afd B~own-MQnlla, City Clerk Ii" ~ .:'. ~~~~~~y: s~~~~~u~~ Vote: 5-0 Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky V(Yes) v(Yes) V(Yes) V (Yes) ~Y es) _(No) _(No) _(No) _(No) _(No) Page 2 of2 Golden Shores Drainage System & Street Improvements - Beiswenger Hoch & Associates CITY OF SUNNY ISLES BEACH GOLDEN SHORES DRAINAGE SYSTEM TECHNICAL ASSISTANCE CONSULTANTAGREEMENT THIS AGREEMENT, entered into this \ ,,", day of ~a.a 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and BEISWENGER HOCH AND ASSOCIATES (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the City is in need of certain consultant services; and WHEREAS, the Consultant represents that it has expertise in providing technical assistance in the preparation of Specifications, Bid Package, etc. for drainage systems and street improvements; and WHEREAS, the Consultant was qualified as an engineering consultant to perform services for the City of Sunny Isles Beach by Resolution No. 99-176. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services advice in connection with 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 ofthis Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this agreement and shall end upon the completion of services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. As the entire compensation to the Consultant for its services to the City under and during the term of this Agreement, in whatever capacity rendered, the City shall make Payment of said compensation pursuant to the "Fee for Services" as set forth on "Attachment A" which is attached hereto and incorporated herein by reference. 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 Page 1 of5 Golden Shores Drainage System Technical Assistance - Beiswenger Hoch & Associates 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. 7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 8. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. Page 2 of5 Golden Shores Drainage System Technical Assistance - Beiswenger Hoch & Associates B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) 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. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. 10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 12. 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. 13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Page 3 of5 Golden Shores Drainage System Technical Assistance - Beiswenger Hoch & Associates 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 in a court of equity for violating such provisions. -~ -- 14. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City, shall be addressed to it, to the attention of the Christopher J. Russo, City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, Phone, and if intended for the Consultant, shall be addressed to Raul C. Rakela, AlA, Project Manager, Beiswenger Hoch and Associates, 1190 N.E. 163rd Street, Suite 203, North Miami Beach, Florida 33162, Phone Number (305) 944-5151 and Facsimile Number (305) 948-6290. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. 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. 18. 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 payor 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 V.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. 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 Page 4 of5 Golden Shores Drainage System Technical Assistance - Beiswenger Hoch & Associates of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement III duplicate on the day and year first written above. WITNESSES: 9 _> da1iia S - c?-- ~.ju.J g - ~ --7 BEISWENGER HOCH AND ASSOCIATES: BY: ~~ ;V~~ ..~Q:004\ LOa.JU.A.. CI~ISLES BEACH BY: L~ Christopher J. Russo, City Manager B . FORM AND City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 5 of5 Golden Shores Drainage System Technical Assistance - Beiswenger Hoch & Associates Beisvvenger Hoch and Associates North Miami Beach, March 26. 2001 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Mr. Christopher J. Russo City Manager THE CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FI. 33160 Dear Mr. Russo: In reference to our conversation of March 26. the scope of services for assisting the City during the bidding process of this project was described as Phase III on our March 16 proposal. Beiswenger, Hoch and Associates will provide Technical Assistance in the preparation of Specifications, BID Package, and Miscellaneous Consulting Engineering Services. The estimated time for the Phase III bidding process is two (2) months. The proposed payment for BHA's personnel would be on an hourly rate, based on the following schedule: Project Manager $ Senior Design Engineer $ Design Engineer $ 140.00 per hour 115.00 per hour 90.00 per hour The estimated overall fee for BHA's technical assistance will not exceed $ 8,000.00 assuming standard bidding activities. Should you have any questions please 0'0 not hesitate to call me at (305) 944 - 5151 Sincerely, BEISWENGER. HOCH ANS ASSOCIATES, INC. VIctor H. Guevara Project Manager CC: Robert Deuser File P.O. Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162