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HomeMy WebLinkAboutReso 2003-569 RESOLUTION NO. 2003- S'"' ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE FIRM OF ELECTRICAL DESIGN ASSOCIATES (EDA), FOR ELECTRICAL DESIGN CONSULTING SERVICES FOR THE SUNNY ISLES BOULEVARDISR 826 TRAFFIC CALMING PROJECT, IN THE AMOUNT OF FIFTY-NINE THOUSAND TWO HUNDRED SIXTY DOLLARS ($59,260.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of obtaining electrical design services for the Sunny Isles BoulevardlSR 826 Traffic Calming Project; and WHEREAS, staff has determined that Electrical Design Associates (EDA) is a qualified electrical design consulting service corporation qualified to do the desired services; and WHEREAS, Electrical Design Associates has submitted a proposal for the above referenced services, in the amount of Fifty-Nine Thousand, Two Hundred Sixty Dollars ($59,260.00), 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 Consultant Agreement. The Consultant Agreement by and between the City of Sunny Isles Beach and Electrical Design Associates for electrical design services, in the amount of Fifty-Nine Thousand Two Hundred Sixty Dollars ($59,260.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 4. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this 17th day of July 2003. R2003- Electrical Design Assoc. 1 ATTEST: ~A.k ^ .'=,',./....~ . 1aQ.e A. Hines, Acting City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY L n M. Dannheisser, City Attorney Vote: 5-0 Mayor Samson Vice Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman R2003- Electrical Design Assoc. V(Yes) ---1L(Y es) ----0Y es) ~) _(Yes) Moved by: (1M1W\'SSJ)f\)~ ~rttA.F'F'WlA-AJ Seconded by: ~~lS..t\ OV6fL~ tS~ _(No) _(No) _(No) _(No) _(No) 2 . " ,- CITY OF SUNNY ISLES BEACH ELECTRICAL DESIGN CONSULTANT AGREEMENT NO. 03-97334-1 ED THIS AGREEMENT, entered into this I ry#- day of J:b~ 2003, by and between the CITY OF SUNNY ISLES B~einafter refu;4d as to "City") and ELECTRICAL DESIGN ASSOCIATES, (hereinafter referred to as "Consultant"), a Florida corporation. WHEREAS, Consultant is a qualified electrical design consulting servlce corporation qualified to do business in Florida; and WHEREAS, the City desires to contract with Consultant to provide the services described in the proposal/scope of work dated June 5, 2003, and attached hereto as Exhibit "A", and for the consideration hereinafter named, Consultant covenants and agrees with the City as follows: 1. Services. Consultant shall provide all labor, supervision, materials, supplies and equipment, to perform management consulting services as more particularly described in Exhibit "A" attached hereto and made a part hereof. This Agreement establishes the scope of services, specifications and performance standards to be performed, as incorporated herein, and firm prices in accordance with the Consultant's quotation dated June 5, 2003. The total price for these services is $59,260.00, payable: J?[ monthly 0 upon completion. 2 Pavment for Consultant Services. Request for partial payment' of services must be submitted monthly, in duplicate, with supporting documents, if any, referencing this contract number and/or Purchase Order Number, to the attention of the Finance Department, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 3. Additional Services. If the need for additional work or changes under this Agreement is identified by Consultant during the course of performing its obligations hereunder, Consultant shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Electrical Design Associates Attorneyl Agreementslch 6/19/2003 Page 1 of5 4. Availability of Funds. The obligations of The City of Sunny Isles Beach under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City Commission. 5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to Consultant. Upon termination, the City may re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 6. Insurance. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultant or employees, as more particularly set forth below: o 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 limits of One Million Dollars ($1,000,000) combined single limit occurrence. o Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. o Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Electrical Design Associates Attorney/ Agreernents/ch 6/11/2003 Page 2 of5 . . 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-Consultant(s)/Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. Compliance with these insurance requirements shall not relieve or limit the Consultant's/Contractor's liability and obligations under this contract. 7. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Consultant and the City. Consultant shall be in the relation of an independent Consultant and is to have entire charge, control and supervision of the work to be performed hereunder. The Consultant does not have the power to bind the City in any promise, agreement or representation other than as provided for in this Agreement. 8. ComDliance with Law. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain, at its sole expense, any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 9. ComDliance with OccuDational Safety and Health. Consultant hereby certifies that all materials, equipment, etc., used to perform the services required by this Agreement meets all OSHA requirements. 10. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Consultant or anyone of its employees, sub-Consultant or agents. Consultant hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Consultant of its obligations under this Agreement. Consultant hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 11. Assienment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Electrical Design Associates Attorney/ Agreernentslch 6/11/2003 Page 3 of5 12. Term. This Contract shall commence on ~ 1'7, ~3 , and expire on ..TJ.u 17. fJNJ.tf This contract may/may not be renewed. Any rene al of this Contract shall ~ appropriation of funds by the City Commission. 13. Termination. This Agreement may be cancelled by the City, with or without cause, upon thirty (30) days written notice to Consultant. This Contract shall be subject to immediate termination if the services do not comply with the specifications stated herein, or fails to meet the City's performance standards. 14. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City to the attention of Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and to Consultant at Electrical Design Associates, 2101 N. Andrews Avenue, Suite 100, Ft. Lauderdale, Florida 33311, Attention: Lillian M. Reyes, P.E. 15. Governine Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 16. Remedies for Breach. Should Consultant fail to perform, City shall notify Consultant in writing of such failure to perform and Consultant shall have thirty (30) days of receiving such notice to cure such failure. If Consultant is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 17. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, all costs, together with reasonable attorney's fees for the collection and enforcement of judgment. 18. Miscellaneous. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Electrical Design Associates Attomey/Agreementslch 6/11/2003 Page 4 of 5 shall supersede all previous and contemporaneous oral and written negotiations, commitments, .agreementsc andundelstandiug 1 daLing hereto;' Anvmodification of thisAltteemenfShan'15(n~ffective.'=~~'=~~=c: only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed bv the party granting such waiver. 19. Conflictine: Provisions. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in triplicate, on the day and year first written above. WITNESSES: CIATES President David Samson, Mayor By: ,. APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Electrical Design Associates Attorney/ Agreernentslch 6/1112003 Page 5 of5 o Broward County 2101 N. Andrews Ave. Suite 100 Fort Lauderdale Florida 33311 Telephone: 954.564.4012 Facsimile: 954.564.3040 o Orange County 2020 E. Robinson St. Orlando Florida 32803 Telephone: 40Z 895. 8300 Facsimile: 40Z895.8411 o Palm Beach County 6124 Sand Hills CirCle Lake Worth Florida 33463 Telephone: 561.649.8103 Facsimile: 561.649.8104 MjWBE CEIrrIFIED www.goeda.com ... . ". n ...rrreCtTfcal1Jesign .9lssociates June 5, 2003 Mr. George Fisher Grant Coordinator City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 331~0 Re: Sunny Isles Beach Blvd (SR 826) Lighting Improvements City of Sunny Isles Beach, Florida Dear Mr. Fisher: Weare pleased to submit our proposal for the electrical engineering services for the above project. Our services shall include completed tracings of drawings for the work, covering all phases of our design, in accordance with a format determined by you, final electrical specifications and associated cost estimate. Our scope of work shall include the following: Task No.1 - Preliminary Engineering: 1. Photometric Evaluation associated with the lighting improvements along the SR 826 interchange as it approaches Collins Avenue. Our evaluation will be based on the installation of the Holophane "Tear Drop" type fixture. Photometric Evaluation shall be in accordance with Local ordinances and IES recommendations and the FDOT. Evaluation shall include the East and West bound approaches as they interconnect with Collins Avenue. EDA shall coordinate with Marlin Engineering Inc. Task No.2 - - Preparation of Construction Documents: 1. Electrical Design associated with the lighting improvements along the SR 826 interchange as it approaches Collins Avenue. Our evaluation will be based on the installation of the Holophane "Tear Drop" type fixture. The design shall be in accordance with Local ordinances and IES recommendations and the FDOT. The design shall include the East and West bound approaches as they interconnect with Collins Avenue. EDA to coordinate with FPL for an "energy only" type account. EDA shall coordinate with Marlin Engineering Inc. 2. Electrical design associated with the proposed landscape lighting as it relates to the proposed landscape improvements along the SR 826 interchange as it approaches Collins Avenue. Design shall also include '/' Exhibit" A" Mr. George Fisher Page 2 June 5, 2003 3. service to proposed irrigation controllers. Our design shall be coordinated with O'Leary Design and Associates. 4. Preparation of opinions of probable costs for all Electrical items outlined above. Opinions of probable costs shall be submitted at the 90% and 100% levels. 5. Preparation of technical specifications in conformance with the standard master construction specifications. Submittals shall include both hard and electronic copies of the completed specifications at the 60%, 90% and 100% design levels. 6. Attend meetings to answer questions relevant to our design. Task No.3 - Permitting and Bidding Services: 1. EDA shall make a representative available to assist the City during the permitting and bidding service. Our scope of services shall include the coordination and design of the proposed lighting improvements as outlined above. Attached please fmd a breakdown of the anticipated man- hours. The above work will be performed on a lump sum basis and will be billed at monthly intervals. Our fee for this work shall be $59,260.00. Travel to and from the site and other direct costs are included in the overhead rate and will not be billed as a separate line item. ACCEPTED ~/~ DATE J~ 17~ Eiw3 Sffi-03-002D.doc C") Cl Cl S; CiS Gi 1; Q J:. ~ g " on i ~ (,) I '" 0; QI c>OQl ~~ :r g ci ~ ~ j! (,) ~B In 5~ - c :r III E ~ a. i .5 : c g m u. 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A 17070 Collins Avenue, Suite 250 Norman S.Edekup,Vice Mayor m Gerry Goodman,Commissioner F il - Sunny Isles Beach,Florida 33160 Danny Veil's,Commissioner )305) 947-0606 City Hall Lila Kauffman,Commissioner \� /� (305) 949-3113 Fax Christopher J.Russo,Ciry Manager b '•FL oa'O (305) 947-2150 Building Department Lynn M.Denohelaser,City Attorney <"r or sun e� (305) 947-5107 Fax Jane Woes,Acting City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager /a 11 lC DATE: July 17,2003 (� RE: ELECTRICAL DESIGN CONSULTING SERVICES FOR THE SUNNY ISLES BOULEVARD/SR 826 TRAFFIC CALMING PROJECT RECOMMENDATION It is recommended that the City Commission approve the attached resolution entering into an agreement with Electrical Design Associates ("EDA") for electrical design consulting services for the Sunny Isles Boulevard/SR 826 Traffic Calming Project. REASONS The City is beginning the preparations for the Sunny Isles Boulevard/SR 826 Traffic Calming Project. We have contracted Marlin Engineering for design services, which included the preparation of a grant application. Now, we seek to contract a consulting firm for electrical design services. EDA has submitted a proposal for electrical design consultant services in the amount of Fifty- Nine Thousand Two Hundred Sixty Dollars ($59,260.00). It includes preliminary engineering services,preparation of construction documents and permitting and bidding services. ADDITIONAL INFORMATION EDA will ensure the street lighting is uniform and decorative throughout the City to achieve the overall beautification of the comprehensive streetscape plan and modifications. This contract, along with landscape design services, will complete the components for the revitalization of Sunny Isles Boulevard/SR826. CJR/pw Siblvd-Traffic Calming EDA Electrical Design Agenda Memo