HomeMy WebLinkAboutReso 2003-579
RESOLUTION NO. 2003- 51'1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
CONSULTANT AGREEMENT BY AND BETWEEN THE CITY OF
SUNNY ISLES BEACH AND BEISWENGER, HOCH AND
ASSOCIATES, INC. (BH&A), FOR VALUE ENGINEERING
SERVICES, IN THE AMOUNT NOT TO EXCEED THIRTY-SIX
THOUSAND SIX HUNDRED FORTY DOLLARS ($36,640.00),
ATTACHED HERETO AS EXHIBIT "A", FOR THE CENTER
ISLAND STORM DRAINAGE PROJECT; AUTHORIZING THE
MA YOR TO EXECUTE SAID 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 is in need of value engineering services for the drainage
improvements in the Center Island; and
WHEREAS, the City of Sunny Isles Beach previously qualified Beiswenger,
Hoch and Associates, Inc. (BH&A) to provide engineering services to the City via
Resolution 99-176, and entered into a Miscellaneous Consultant Services Agreement for
various engineering related projects via Resolution No. 2001-384; and
WHEREAS, the City wishes to enter into an agreement, attached hereto as
Exhibit "A", with BH&A, in the amount not to exceed Thirty-Six Thousand Six Hundred
Forty Dollars ($36,640.00), for the Center Island Storm Drainage Project.
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 between
the City of Sunny Isles Beach and Beiswenger, Hoch and Associates, Inc., for Value
Engineering Services, in the amount not to exceed $36,640.00, attached hereto as Exhibit
"A", for the Center Island Storm Drainage Project, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Consultant Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to
do all things necessary to effectuate the terms of this Consultant Agreement.
R2003- Agreement with BH&A for Center Is/and
1
Section 4.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 17th day of July, 2003.
ATTEST:
~A'~
Jane A. Hines, Acting City Clerk
VOTE: ~"""D
Mayor Samson
Vice Mayor Ede1cup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
R2003- Agreement with BH&A for Center Island
~Yes)
~{Y es)
~Yes)
~{Xes)
-1L1Y es)
Moved by: C.b~~~
Second by: Yv", ~DV ~deJ~("
_(No)
_(No)
_(No)
_(No)
_(No)
2
~
CITY OF SUNNY ISLES BEACH
ENGINEERING CONSULTANT AGREEMENT NO. 03-91389-07
THIS AGREEMENT, entered into this ( ~-f&.. day of ,~..-/' 2003, by and
between the CITY OF SUNNY ISLES BEAC (hereinafte~ "CIty") and
BEISWENGER HOCH AND ASSOCIATES, INC., (hereinafter referred to as "Consultant"), a
Florida corporation.
WHEREAS, by Resolution No. 99-176, Consultant was qualified as an engineering
consultant to perform services for the City of Sunny Isles Beach; and
WHEREAS, the City desires to contract with Consultant to provide the engineering services
described in the proposal/scope of work dated June 24. 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 Value Engineering 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 24, 2003.
The total price for these services is not to exceed Thir~-Six Thousand Six Hundred Forty and
No/I00 Dollars ($36,640.00), payable: ~monthly 0 upon completion, as invoiced.
2 Payment for Consultant's 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 C611ins 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
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beiswenger Hoch Margolis Park Drainage
Attorney/ Agreements/ch
7/9/2003
Page 1 of5
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.
4. A vailabilitv 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 bidlre-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-Consultants or employees, as more particularly set forth below:
1
,
'ft
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.
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.
Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage
for errors and omissions.
rA
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
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beiswenger Hoch Margolis Park Drainage
Attorney/ Agreernents/ch
7/9/2003
Page 2 of5
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
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) 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
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(s) 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. Asshmment. 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
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beiswenger Hoch Margolis Park Drainage
Attorney/ Agreernents/ch
7/9/2003
Page 3 of5
"
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
12. Term. This Contract shall commence on July 20, 2003, and expire on September 20, 2003.
This contract may/may not be renewed. Any renewal of this Contract shall be subject to
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 Beiswenger Hoch & Associates, Inc., 1190 NE 163rd Street, Suite 203, North
Miami Beach, Florida 33162, Attention: Victor H. Guevara, Project Manager.
15. Governinl! 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 ofthe 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
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beiswenger Hoch Margolis Park Drainage
Attorney/ Agreementslch
7/9/2003
Page 4 of 5
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
shall supersede all previous and contemporaneous oral and written negotiations, commitments,
agreements and understanding relating hereto. Any modification ofthis Agreement shall be effective
onlv if in writing and signed bv 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:
~(JJ9. jl'~
Print Name: ).,,;,d ()J 5. &....~ u.." By:
~~~
By:
APPROVED AS TO FORM AND
LEGAL SUFFI EN Y
By:
City o/Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Beiswenger Hoch Margolis Park Drainage
Attorney/ Agreementslch
7/9/2003
Page 50f5
..
, .
Exhibit" A"
.. .. r
'..
Beiswenger Hoch and Associates
North Miami Beach June 24, 2003
CONSULTING ENGINEERS AND PLANNERS
PHONE (305) 944.5151
FAX (305) 948-6290
, RECE~VEOl
n
c,:~~""~, :~~~~, I
Off/c,e v1lh<9 CIty Manager l
Mr. Christopher J. Russo
City Manager
17070 Collins Avenue, Suite 250
Sunny Isles Beach. Florida 33160
Re: Senator Gwen Margolis Passive Park Drainage Improvements
Value Engineering Proposal
{)ear Mr. Russo:
After our preliminary review of the construction plans and field visits to the Gwen
Margolis Passive Park project. we are submitting for your consideration the following
scope of services and proposed fee for the Value Engineering Technical Review and,
Existing Pavement Survey Study and Report. '
Proposed Scope of Services:
For the Value Engineering evaluation, Beiswenger, Hoch and Associates (BHA) will
review the construction plans of November 2000 prepared by Nova Consulting
Engineers. In addition, BHA will review drainage and structural calculations, pump
charts, drainage well capacity values, hydrographs, summary of quantities and other
support documentation to be provided by the City. '
BHA will evaluate the existing documentation and introduce alternate solutions to
complement the existing drainage design. Also, we will prepare additional design
solutions directed to reduce construction costs. While the pavement evaluation study is
not part of the Value Engineering technical evaluation, BHA will proceed to field evaluate
the existing pavement conditions utilizing guidelines for visual and mechanical
evaluation of flexible pavements as established by the Florida Department of
Transportation (FDOT).
Our review will be based on compliance with Miami-Dade County Public Works
Standards, Department of Environmental Resource Management (DERM) requirements
and Florida Department of Transportation Design Standards. We will conduct andlor
p.articipate in meetings with city representatives to review the proposed alternative
solutions.
This proposal doesn't include water quality testing, geotechnical work, asphalt core
sampling or hydraulic conductivity test of the soil (K). For any additional information not
avaHable on city records, BHA will coordinate with the city for its approval prior to
contracting any specialized testing services.
P.O. Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203. North Miami Beach, Florida 33162
f . ~ t to"
,- .
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,
Time for Como let ion:
The time for completion of the Value Engineering Technical. Review and existing
Pavement Survey Study and Report is 60 days from the approval of this proposal. '
Fee Prooosal:
The Cost Proposal for the described scope of services and deliverables is:
Project Manager, 24 hours @ $ 110.00 Ihour $
Senior Engineer, 80 hours @ $ 110.00 /hour $
Drainage Engineer, 200 hours @ $ 90.00 /hour $
Electro Mechanical Engineer, 16 hours@ $ 100.00 /hour $
Sub - TOTAL $
Sub-contract for Geotechnical work:-
Pavement core sampling. 30 samples @ $ 20.00
Hydraulic conductivity of the soil tests. 10 @ $ 500.00
Sub - TOTAL
TOTAL
Total: Thirty Six Thousand Six Hundred Forty and.00/100
....Sub-contract work will be authorized by the City. '
2,640.00
8.800.00
18,000.00
1.600.00
31,040.00
$
$
$
600.00
5.000.00
5,600.00
.36.640.00
s
Should you have any questions please call me at (305) 944-5151, Ext. 367
Sincerely,
BEISWENGER, HOCH AND ASSOCIATES INC.
Victor H. Guevara
Project Manager
cc: Robert Deuser
BeIswenger, Hoch and Aaaocla....lnc.
on
s°Nmr is‘, City of Sunny Isles Beach Cityid Commission
F° •• 17070 Collins Avenue,Suite 250 Normals Ed
S. Map,Hoe Mayor
u i Sunny Isles Beach,Florida 33160 Gerry Gaodaea.ConissionQr
gent'[pada Commissioner
:\ X305) 947-0606 City Hall Lau!Guffaws,Commissioner
'1;--- (3051949.9113 Fax Christopher J. d,Cit Manager
br, rie° ., M.Mnu
(3051947-2150 Building Department Lyse eahtl ,City Attorney
o r
r o. aux rHc (305)947-5107 Fax Jane[non,Acting City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission/
FROM: Christopher J. Russo, City Manager UC
DATE: July 17, 2003 PP ��
RE: VALUE ENGINEERING PROPOSAL FOR CENTER ISLAND STORM
DRAINAGE PROJECT
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution entering into an
agreement with Beiswenger Hoch and Associates ("BH&A") for value engineering services for
drainage improvements.
REASONS
The City is in need of value engineering services for the drainage improvements in the Center
Island. BH&A was contacted in reference to this project, and they have completed a preliminary
review of the construction plans and field visits to this area. BH&A has agreed to undertake this
project and provide services inclusive of the following: review of previously designed
construction plans, drainage and structural calculations, pump charts, drainage well capacity
values, hydrographs, summary of quantities and other support documentation as provided by the
City. BH&A will also evaluate existing documentation and introduce alternate solutions to
complement the existing drainage design and prepare additional design solutions directed to
reduce construction costs. BH&A has submitted a proposal for services, which is attached
hereto, in the amount of Thirty-Six Thousand Six Hundred Forty Dollars($36,640.00).
ADDITIONAL INFORMATION
BH&A has been previously "qualified" to provide engineering services to the City via
Resolution 99-176, and they have continued to do a commendable job for the City, especially in
the Golden Shores area.
CJR/pw
Margolis-Bh&A Value Engineering Agenda Memo