Loading...
HomeMy WebLinkAboutReso 2003-628 RESOLUTION NO. 2003- G, 28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A TECHNICAL AND ECONOMIC PROPOSAL FROM BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), FOR STORMW A TER SYSTEM DESIGN, TECHNICAL ASSISTANCE AND BIDDING PROCESS FOR CENTRAL ISLAND STORMW A TER DRAINAGE, IN THE AMOUNT OF ONE HUNDRED SIXTY-SEVEN THOUSAND FORTY DOLLARS ($167,040.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; 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, 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, BH&A provided an outline of the needed services and broke the drainage correction work into three phases, finishing Phase I, the Value Engineering and Pavement Evaluation Report, and now submits a proposal for Phase IT and Phase III; and WHEREAS, the City wishes to approve the Technical & Economic Proposal submitted by BH&A, attached hereto as Exhibit "A", in the amount of One Hundred Sixty-Seven Thousand Forty Dollars ($167,040.00), for Stormwater System Design, Technical Assistance and Bidding Process for Central Island Stormwater Drainage. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Technical and Economic Proposal. The Technical and Economic Proposal submitted by Beiswenger, Hoch and Associates, Inc., for Stormwater System Design, Technical Assistance and Bidding Process for Central Island Stormwater Drainage, in the amount of $167,040.00, attached hereto as Exhibit "A", is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. R2003- BH&A Tech&Econ ProposaVCentral Isle Stormwater Drainagel Section 3. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 18th day of December, 2003. '...-";; .. ,,',ATTEst: ", '.' () ., ....' ,/. ' ~, , , '-'to '>, " ,': I ':f . ~ ~~~,,~ , ;.~ Jane'A. ~nes, Cit~,Clerk ( j APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L n M. Dannheisser, City Attorney Moved by: CnVh~lS~\D~ &~Zl'" Seconded by: Cb~nlOY\.CLtt TH-A-L-4f.L Vote: 4 -V-I Mayor Ede1cup Vice Mayor Goodman ~ Ab~ Commissioner Brezin Commissioner Iglesias Commissioner Thaler l-/(Y es) _(Yes) ----'L'(Y es ) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) R2003- BH&A Tech&Econ ProposaVCentral Isle Stormwater Drainagq , . I · r CITY OF SUNNY ISLES BEACH CONSULTANT AGREEMENT CONTRACT NO. 04-03628-01 THIS CONSULTANT AGREEMENT made and entered into this ~day of J>R~r 2004, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and BEISWENGER, HOCH & ASSOCIATES, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Consultant"), whose Federal I.D.# is ~'J -o7~/610 WHEREAS, Beiswenger, Hoch & Associates, Inc., is a qualified, engineering consultant firm; and WHEREAS, by Resolution No. 99-176, the City previously qualified Consultant to provide engineering services to the City and by Resolution No. 2001-384 entered into a Miscellaneous Consultant Service Agreement for various engineering related proj ects which Consultant has completed to the satisfaction of the City; and WHEREAS, the City wishes to employ Consultant to advise and assist with design, technical assistance and bidding process for the Central Island Stormwater Drainage Project as well as other tasks as more specifically described in Exhibit "A," attached hereto and made a part hereof; and, WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Consultant shall perform the following services: a. Specialized assistance for the Central Island Stormwater Drainage, including design, technical assistance and bidding process for the City of Sunny Isles Beach, as well as those services more particularly described in Exhibit "A" attached hereto and made a part hereof. b. Consultant will prepare and present oral/written reports as needed or as requested on a periodic basis while engaged in special projects. Consultant shall provide, on a monthly basis, to the City Manager, a detailed narrative report delineating all services provided by the Consultant in the previous month. The Consultant shall also provide quarterly, written reports, detailing all of the Consultant's activities in the previous quarter and the results of the Consultant's efforts. Each report required herein will be submitted to the attention of the City Manager. c. The total price for these services is One Hundred Sixty-Seven Thousand Forty and No/IOO Dollars ($167,040.00), payable monthly as invoiced. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall be from December 1, 2003 to August I, 9 . ' City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2004, and shall begin within ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. 4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Pavrnent Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availabilitv of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other additional charges, ifnot properly included on this final invoice are waived by the Consultant. 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. 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 bid/re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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, 2 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch 1/21/2004 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax agent, shareholder, officer or in any other capacity other than as an independent Consultant 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. 7. 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 indicated below: (J 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. (J 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. (J Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. (J 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 reserves the right from time to time to change the insurance coverage and limits ofliability required to be maintained by Consultant hereunder. 3 BH&A Central Island Stormwater Consulting Agreement Attorneyl Agreementslch 1/21/2004 . ' City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant shall also require and ensure that each of its sub-consultants 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. 8. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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. Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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 including wrongful termination or allegations of discrimination or harassment, 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. 4 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch 1/21/2004 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. 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. 1. 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. 11. 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. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. 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. 5 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch t/21/2004 _r City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without 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 any person or entity acting under Consultant. 12. 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. 13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be James Watts, Director, Public Works, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from James Watts or Christopher J. Russo, City Manager, or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated above. Services performed without authorization shall be considered unauthorized and shall not be compensated/paid by the City. 16. 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. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties 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. 17. 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 6 BH&A Central Island Stormwater Consulting Agreement Attorney! Agreementslch 1/21/2004 o City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. 18. 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 to Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Beiswenger, Hoch & Associates, Inc., 1190 NE l63rd Street, Suite 203, North Miami Beach, Florida 33162, Attention: Victor H. Guevara, Project Manager. 19. GOVERNING 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. 20. 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. 21. 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 I 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/family 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 D.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 7 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch 1/21/2004 ..II City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Swmy Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 22. 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 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. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 24. MISCELLANEOUS. a. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those provided hereunder. b. Consultant and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or_apply to the services rendered by Consultant hereunder, or to the wages paid by Consultant to its employees. c. Consultant shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Consultant to render the service(s) required hereunder. d. Consultant shall not use the name or official seal of the City in any promotional material without the prior written consent of the City. e. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Consultant's relations with sub-Consultants, or in any other manner whatsoever. 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, 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. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 26. AMENDMENT. Any modification of this Agreement shall be effective 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 by the parting granting such waiver. 8 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch l/21/2004 . , City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. BEISWENGER, HOCH & ASSOCIATES, INC. WITNESS: ~~~ Jtm", 'k ~ Print Name: ~~'i~ ~ !., By: 0l..J- A. 7~ VU.l President Print/type Name: Zb.u+ R . 9..R_l.de.t' .. . ~- ~.., " "- "' CITY OF SUNNY ISLES BEACH -" .. :l' ...,...., " <" APPROVED AS TO FORM ANDL CIENCY By: Attachments: Exhibit "A" Proposal Resolution No. 2003-628 9 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch 1/21/2004 n Beis\Nenger Hoch and Associates North Miami Beach November 13, 2003 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Mr. Christopher J. Russo City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FI. 33160 RECE1V~ NOV 1 4 2003 City of S Office of ~~~~~:le9 Beach , Y Manager Ref: Technical and Economic Proposal Dear Mr. Russo We at Beiswenger, Hoch and Associates, are pleased to bring for you consideration the Technical and Economic proposal for the Final Drainage Design and Technical Assistance during the Bidding process for the above mentioned project. Should you have any questions please feel free to call me at (305) 944-5151. Sincerely BEISWENGER, HOCH AND ASSOCIATES INC. ---,_.._~"...,,- Victor H. Guevara Project Manager CC: Mr. James Watts, Director of Public Works Mr. J. Scott Gombar, PE BHA File P ,0, Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162 Technical Proposal Phase II and III, Final Drainage Design and Technical Assistance during Bidding Process for the Gwen Margolis Park Neighborhood. 1.0 General The City of Sunny Isles Beach has continuously experienced flood problems on various sectors of the City being the Gwen Margolis Park neighborhood, the area that needs immediate solution. This proposal is for the Final Drainage Design and Pavement Improvement of the selected alternative from the Gwen Margolis Park Value Engineering Report completed on November 6, 2003. Also, this proposal includes the Technical Assistance during the Bidding Process. The overall flood control master plan for the Gwen Margolis Park neighborhood includes the following phases of development: . Phase I: The Gwen Margolis Park Value Engineering and Pavement Evaluation Report, completed on November 6, 2003. . Phase II: Final Drainage Design includes the preparation of construction plans for final drainage design system, topographical survey, grading and street pavement resurfacing and the review and implementation of street signalization, pavement markings, summary of quantities and technical specifications. . Phase III: Technical Assistance to the City during the Bidding Process, including preparation of request for proposals document (RFP), pre- construction conference, public awareness conference and miscellaneous consulting engineering services. A.- Scope of Services for Phase II, Final Drainage Design and Pavement Improvements The limits of the project are from Collins Avenue (SR A-1A) to the Intracoastal Waterway and from NE 183rd Street on the north to NE 174th Street on the south. 2.0 The scope of services for Phase II of the final drainage design and street improvements includes but is not limited to the following: 2.1 Topographic Survey - Aerophotogrametric restitution plans - Restitution of Bench Marks (BM's) and Topographic Monuments - DTM vertical mapping of aerial photography - Topographical survey of street centerline and edges of pavement. Exhibit "A" Beiswenger, Hoch and Associates, Inc. 2.1.1 Aerophotogrametric restitution plans: This information is available and will be provided by the City of Sunny Isles. BHA proposes to use information from the aerophotogrametric and restitution plans flown by the City on January 10, 2002. 2.1.2 Restitution of Bench Marks (BM's) and Topographic Monuments Field topographic work for final survey, traverse and street elevations will be based on established USGS monuments and Bench Marks. 2.1.3 DTM vertical mapping of aerial photography Final data processing and topographical plan production includ~ng contours, spot elevations, streets, driveways and other site features identified on the aerial photography. All topographical survey and control data will be provided in ASCII format and identified as X , Y and Z. 2.1.4 Topographical survey of street centerline and edges of pavement Elevations along the centerline of streets and edge of pavement will be field identified and processed to complement data from the aerial maps. Additional field survey information will include location of drainage structures, pipe sizes and invert elevations of all pipes at each drainage structure. 2.2 Final design and Plan Preparation 2.2.1 Plan Preparation Plans for street improvements and geometric design will be presented in Plan and Profile format along the street centerline. Additional information of driveways, entrances, and other defined features will be shown as detailed as the definition of the aerial photography would allow. Final plans will be produced in the English System of units at 1: 20 scale or other suitable scale and provided in MicroStation digital format. A copy of the geometric and drainage design, calculations, quantities and any deliverables will be provided to the City of Sunny Isles Beach in CD ROM. 2.2.2 Existing Utilities The Consultant shall indicate on the plans all existing utility information in coordination with the utility companies. Geometric plans shall indicate all the information necessary to convey the intent and scope of the project for the purpose of construction. Beiswenger, Hoch and Associates, Inc. 2.2.3 Pavement Evaluation and Geotechnical Information Pavement core drilling and additional geotechnical information will be obtained from the "Field Exploration Program" of October 17, 2003. This information was recorded during the Gwen Margolis Value Engineering evaluation. 2.3 Drainage Design 2.3.1 Storm Runoff Water Quality Compliance The consultant will develop the final drainage design of the selected alternative from the Value Engineering Report of November 2003. The new drainage design will include the design of runoff collection system and drainage wells for exfiltration to the lower stratum. Geotechnical information for estimation of the hydraulic conductivity of the upper soils will be taken from the "Subsurface Exploration Report" recorded October 17, 2003 by Ardaman and Associates and "Report of Geotechnical Investigation" recorded on January 23, 2002 by Geo Verse Inc. Water quality criteria will be per DERM and Florida Department of Environmental Protection (FDEP) recommendations. Drainage structures, miscellaneous piping and construction procedures will be as per the latest "Roadway and Traffic Design Standards" January 2003, edition. 2.3.2 Design Parameters The consultant will design the proposed drainage system in compliance with the latest Florida Department of Transportation (FDOT) standards applicable to Miami Dade Department of Environmental Resources Management (DERM). Rainfall intensity charts, time of concentration and imperviousness coefficients will be as per FDOT recommendations. This proposal also includes the design of drainage facilities on streets with no storm sewer system. Existing drainage structures with no beneficial use for the project will be removed from the work place. 2.4 Signing and Pavement Marking Signing and pavement marking for the newly replaced pavement surface will be in compliance with the latest FDOT standards and the "Manual on Uniform Traffic Control Devices" (MUTCD) 2000, issue. Beiswenger, Hoch and Associates, Inc. 3.0 Summary of Quantities The Consultant will prepare the summary of quantities and pay items. The summary of quantities will be in compliance with the latest FOOT standards. 4.0 Technical Specifications and Special Provisions Technical specifications and special provisions shall comply with the latest FOOT, MUTCD and DCPWD standard specifications. 5.0 Permits The Consultant will coordinate with government agencies having jurisdiction on the natural resources or environmental assessments and permitting. Coordination meetings plan preparation, and permit filing with DERM and another regulating agencies is part of the Consultant services and scope of work. 6.0 Time for Completion for Phase II, Final Drainage Design and Pavement Improvements The estimated time for completion of the above Phase II scope of services is 6.0 months from the written "Authorization to Proceed" from the City During the project development, thH Consultant will prepare draft submittals for utility review meetings, DERM and City of Sunny Isles Beach reviews. The Consultant will be responsible for the initial contact with all the affected utility companies. Prior to start engineering design works of this phase, the Consultant will prepare a work schedule for the City of Sunny Isles review and approval. B.- Scope of Services for Phase III, Technical Assistance During the Bidding Process 1.0 The Technical Assistance during the bidding process include but is not limited to the following: . Preparation and organization of the Public Awareness Conference. . Preparation of Request for Proposal (RFP) documentation. . Invitation to Bidders . Pre-bid conference . Review of Bidders documentation . Miscellaneous consulting engineering services. 2.0 Time for Completion of Phase III, Technical Assistance The estimated time for this phase is 2.0 months. Beiswenger, Hoch and Associates, Inc. C.- Fee for Phase II, Final Drainage Design proposal 1.0 The consulting engineering fee for the Phase II scope of services is: 1.1 Topographical Survey . Survey work, three men crew. 10 party days . Survey Data Processing 80 hrs X $ 85/hr 8,000.00 6.800.00 14,800.00 TOTAL $ 1.2 Geometric and Drainage Design . Project Manager . Senior Design Engineer . Design Engineer . CADD Operator . Permits (DERM, etc) . Specifications & Misc. 120 hrs X $ 120 /hr. 560 hrs X $ 110 /hr 280 hrs X $ 90 /hr 160 hrs X $ 65/hr 120 hrs X $ 110 /hr 80 hrs X $ 90/hr 14,400.00 61,600.00 25,200.00 10,400.00 13,200.00 7.200.00 $ 132,000.00 TOTAL D.- Fee for Phase III Technical Assistance for Bidding . Project Manager 80 hrs X 120 /hr . Design Engineer 40 hrs X 90 /hr . Meetings and Conferences 24 hrs X 110 /hr . Review Documentation 40 hrs X 110 /hr 9,600.00 3,600.00 2,640.00 4.400.00 $ 20,240.00 TOTAL O-e 14,800-+ 132,000-+ 20,240-+ = 167,C40-00* Beiswenger, Hoch and Associates, Inc. &\ R E Ct: it\lE'.' 'i:'r~~'! [II.;; ~ \y, l",v ! , DEe 0 4 2003 Calvin, Giordano & Associates, Inc. Engineers Surveyors Planners City of Sunny isles 8&aol1 Office of Ins City Mllrlage~ December 2, 2003 Mr. Christopher Russo City Manager CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: Central Island Stormwater Design Dear Mr. Russo: I have reviewed the proposal for the design and technical assistant fee for the above reference project (B~iswenger Hoch &Associates (BH&A) referenced as Technical and Economic Proposal. Based upon BH&A experience with this type of project, we recommend the fee be approved in the amount of$167,040.00. ' If you have any concerns, please feel free to contact me at 954-931-6799. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. J: Scott Gombar, P.E. Director of Capital Improvements' Replv to: JSG/rb o 1800 Eller Drive Suite 600 Fort Lauderdale, Florida 33316 (954) 921.7781 (954)921.8807 fax Attachments ' o 560 Village Boulevard Suite 340 ' West Palm Beach, Florida 33409 (561) 684.6161 (561) 684.6360 fax -' C:\Documents and Settings\rbedeau\My Documents\Central Island Stormwater-120203-Russo.doc - " , ACORD~ CERTIFICATE OF LIABILITY INSURANCE CSR C8 I DATE (MM/DDIYYYY) BEISW-1 02/16/04 . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BROWN & BROWN 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. HARTFORD INS OF THE S.E. 38261 INSURER B: HARTFORD CASUALTY INS CO 09263 BEISWENGER HOCH & ASSOC. INC. INSURER C: TWIN CITY FIRE INS CO 29459 NORONA L'l'D PO BOX 1368 INSURER 0: NORTH MIAMI BEACH, FL 33160 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 NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYYJ DATE (MMlDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 e-- A X r-!- COMMERCIAL GENERAL LIABILITY 21UUNU'1'9243 12/31/03 12/31/04 PREMISES (Ea occurence) $ 300,000 ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000 r-- PERSONAL & ADV INJURY $1,000,000 e-- GENERAL AGGREGATE $2,000,000 e-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 11 n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT e-- $ 1,000,000 A r-!- ANY AUTO 21UENLJ4417 12/31/03 12/31/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY e-- $ SCHEDULED AUTOS (Per person) '-- HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 B ~ OCCUR D CLAIMS MADE 21XHUU'l'7094 12/31/03 12/31/04 AGGREGATE $2,000,000 $ ~ DEDUCTIBLE $ X RETENTION s10000 $ WORKERS COMPENSATION AND X ITO'~Y"LI~i~s I IUE~- C EMPLOYERS' LIABILITY 21WBGD0141 12/31/03 12/31/04 , EL EACH ACCIDENT 500,000 ANY PROPRIETORlPARTNERlEXCCUT,VE $ OFFICERlMEMBER EXCLUDED? E,L, DISEASE - EA EMPLOYEE '$ 500,000 ~~~~I~tS~:~v~~?~~s below E,L, DISEASE. POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Day Non-Payment Cancellation clause applies. Certificate Holder named as an Additional Insured for General Liability coverages with regard to project work being conducted in the City. CERTIFICA TE HOLDER CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, ST. #250 SUNNY ISLES BEACH FL 33160 CANCELLATION CIT 3160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIA OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI E ROBERT HOLLANDE ACORD 25 (2001/08) .., I.... IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelc:up, Mayor Gerry Goodman, Vice Mayor Roslyn Bredn, Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager (!}.."'- DATE: December 18, 2003 RE: STORMW ATER SYSTEM DESIGN, TECHNICAL ASSISTANCE AND BIDDING PROCESS FOR CENTRAL ISLAND STORMW ATER DRAINAGE RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving a Technical and Economic Proposal from Beiswenger Hoch & Associates ("BH&A") for Stormwater System Design, Technical Assistance and Bidding Process for Central Island Stormwater Drainage. REASONS The City has continuously experienced problems with flooding in the Central Island area, and the plans previously designed under DERM were expensive and the success was still questionable. As such, we contacted BH&A to remedy the situation. BH&A provided an outline of the needed services and broke the drainage correction work into three phases. BH&A agreed to undertake the project and has already completed Phase I - the Value Engineering and Pavement Evaluation Report, on November 6, 2003. BH&A now submits a proposal for Phase II and Phase III, in the total amount of One Hundred Sixty-Seven Thousand Forty Dollars ($167,040.00). Phase II is the Final Drainage Design, which includes preparation of all construction plans and technical specifications. Phase III is for Technical Assistance to the City during the Bidding Process, including preparation of RFP, preconstruction conference, public awareness conference, miscellaneous consulting, and recommendations. 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. CJRJpw Central - Final Drainage Agenda Memo City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelen... Mayor Gerry Goodman, Vice Mayor RosIyo Brain. Commi&!ioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305)947-2150 Building Department (305) 949-3113 Fax Cbristopber J. Russo. City Manager Lynn M. Dannbeisser, City Attorney Jane A. Hines, City Clerk January 26, 2004 Mr. Victor H. Guevara, Project Manager Beiswenger, Hoch & Associates, Inc. 1190 NE 163rd Street, Suite 203 North Miami Beach, FL 33162 Re: Consultant Agreement - Contract No. 04..03628...01 per Resolution No. 2003-628 Dear Mr. Guevara: Enclosed please find three (3) original copies of the above-referenced agreement for signatures. Please return all signed copies, along with the required certificates of insurance. to the City Clerk's Office as soon as possible, and we will then process them accordingly. Thanks. Should you have any questions, please do not hesitate to contact me. ~~-~ Jane A. Hines City Clerk '? ~ JAH:mw Enclosures To: From: Date: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Gerry Goodman, Vice Mayor Roslyn Brezin, Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax RECE/I/ED JAN 1 CiTy OF 5 20{}l, OFFICE g~NN'( ISLES rHE CJr'( 8EACH CLERI( Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, City Clerk MEMORANDUM ~'~}~ ~ ~ ~'(r Jane A. Hines, City Clerk Cecille Hayles, Contract Administrator/Paralega~ January 15, 2004 Re: Your Memorandum of January 5, 2004 In response to your memorandum referenced above, which queries whether a contract should be prepared for Beiswenger, Hoch & Associates, for consultant services on the Central Island Stormwater Drainage, which proposal for services has already been approved by the City Commission at public hearing. This a question I believe should be directed to the City Attorney for clarification, as it involves a matter of policy since the contract is being created after approva1. Therefore, I will forward a copy of this memo, along with your query to the City Attorney's office for further directives. Please accept my apologies for not responding to you earlier, but I was out of the office on vacation and have only returned this past Monday, January 12th. Ch Attachments Cc: Lynn M. Dannheisser, City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commissio, Norman S. Edelcup, Mayo Gerry Goodman, Vice Mayo Roslyn Brezin, Commissione Danny Iglesias, Commissione Lewis J. Thaler, Commissione (305) 947-0606 City Hall (305) 949-31 I3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Christopher J. Russo, City Manage Lynn M. Dannheisser, City Attorne; Jane A. Hines, City Cler, MEMORANDUM To: Cecille Hayles, Contract Administrator / Paralegal Jane A. Hines, City Clerk~ .~ L~(.~~-- January 5, 2004 From: Date: Subject: Approving a Technical & Economic Proposal from Beiswenger, Hoch & Associates, Inc. (BH&A) for Central Island Stormwater Drainage per Resolution No. 2003-628 Attached please find a copy of the above-referenced resolution, adopted by the City Commission on December 18, 2003. Please reply to the City Clerk's Office as soon as possible whether you should prepare a set of three (3) agreements to enter an agreement with Beiswenger, Hoch & Associates, Inc. for the above drainage improvement services. Thank you for your prompt attention. JAH:mw Attachment c: Christopher J. Russo, City Manager Lynn Dannheisser, City Attorney Hans Ottinot, Deputy City Attorney