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HomeMy WebLinkAboutReso 2008-1198 RESOLUTION NO. 2008- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH MARLIN ENGINEERING, INC., TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE PLAN DESIGN, ENGINEERING SPECIFICATIONS, AND PERMITTING DOCUMENTS FOR THE DEMOLITION AND RECONSTRUCTION OF THE SUNNY ISLES BEACHINEWPORT FISHING PIER, FOR A TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED FORTY-ONE THOUSAND THREE HUNDRED THREE DOLLARS ($441,303.00), A TT ACHED 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 THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sunny Isles Beach/Newport Pier, located at 16701 Collins Avenue was originally built in 1936 and designated by the Miami-Dade County Historic Preservation Board as a historic site on January 21, 1982, and re-designated as a historic site on June 6, 2005, by the Sunny Isles Beach Historic Preservation Board; and WHEREAS, the Pier sustained major damage during Hurricane Wilma in 2005, and has been closed to the public due to unsafe conditions; and WHEREAS, on December 13, 2007, via Resolution No. 2007-1183, the City Commission approved a partnership with Newport Operating Corporation (Dr. Robert Comfeld, President) to equally share all costs for design, removal, and replacement of the entire pier structure; and WHEREAS, the City Manager has recommended that the removal and replacement of the Pier be done in an expedient fashion, given that the structure east of the shoreline is structurally deficient and prone to imminent collapse; and WHEREAS, Section 62-12 of the City Code provides in relevant part that the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, including insufficient time or other factors; and WHEREAS, the City Commission finds that the Pier's present, unsafe condition places it in imminent danger of collapse, and imposes insufficient time constraints on the normal bidding process; and WHEREAS, Marlin Engineering, Inc., has submitted a proposal to provide the desired services and is qualified, willing and able to provide said services; and R2008- Marlin Engineering Agml for Design Srvs of Fishing PierPage I of2 WHEREAS, the City Commission wishes to employ Marlin Engineering, Inc. to perform the desired civil engineering services, for a total amount not to exceed Four Hundred Forty-One Thousand Three Hundred Three Dollars ($441,303.00), attached hereto as Exhibit "A"; and WHEREAS, Marlin Engineering, Inc. has been "qualified" by the City Commission to perform engineering services for the City of Sunny Isles Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The Agreement with Marlin Engineering, Inc., to provide civil engineering services for the design, specification, and permitting documents for the demolition and reconstruction of the Sunny Isles BeachlNewport Fishing Pier, in the total amount not to exceed Four Hundred Forty-One Thousand Three Hundred Three Dollars ($441,303.00), 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 the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this I ih day of January 2008. ATTEST: ~ ~~~. ~ ' Jane A. Hines, CMC, City Clerk Vote: 5- () Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Moved by: Seconded by: VI (-R ffi~~ ~~ C.OMrnl '--\ H5rJi'.Q, GoD~MW v (Yes) ~{Y es) (Yes) V(Y es) V(Y es) (No) _(No) (No) (No) _(No) R2008- Marlin Engineering Agmt for Design Srvs of Fishing PierPage 2 of2 Of 51)l'l CITY OF SUNNY ISLES BEACH GENERAL ENGINEERING SERVICE AGREEMENT MARLIN ENGINEERING, INC. CONTRACT NO: C0708-036 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ~ day of January, 2008, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and MARLIN ENGINEERING, INC., (hereinafter referred to as "Consultant") whose Federall.D.# is RECIT ALS WHEREAS, the City is in need of a consultant to provide civil engineering services for the plan designs, including engineering specification and permitting documents for the demolition and reconstruction of the Newport Fishing Pier (the "Pier") located at 16701 Collins A venue the City; and WHEREAS, the Consultant has submitted a proposal to provide the desired services in a total amount not to exceed Four Hundred Forty One Thousand Three Hundred and Three Dollars ($441,303.00), and is qualified, willing and able to provide said services; and WHEREAS, the Pier was originally built in 1936 and has long been a major recreational and educational attraction for residents and tourists; and WHEREAS, the Pier sustained major structural damage during Hurricane Wilma In 2005, and has been closed to the public due to unsafe conditions; and WHEREAS, the City recently entered into a public private partnership with the Pier's owner, Newport Operating Corporation, for the design, removal and replacement of the Pier; and WHEREAS, the City Manager has recommended that the removal and replacement of the Pier be done in an expedient fashion, given that the structure east of the shoreline is structurally deficient and prone to imminent collapse; and WHEREAS, Section 62-12 of the City of Sunny Isles Beach Code of Ordinances provides in relevant part that the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, including insufficient time or other factors; and WHEREAS, the City Commission finds that the Pier's present, unsafe condition places it in imminent danger of collapse, and imposes insufficient time constraints on the normal bidding process and C0708-011 MARLIN ENGINEERING. INC.. AGREEMENT City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax WHEREAS, the City Commission wishes to employ Consultant to perform the desired civil engineering services, for a total amount not to exceed $441,303.00 as more particularly described in Attachment "A", which is attached hereto and made a part hereof. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide to the City consulting engineering services for the plans design, including engineering specifications and permitting documents, for the demolition and reconstruction of the Pier, as more fully described in Attachment "A". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 12 hereunder, the term of this Agreement shall commence upon execution date of this agreement and shall terminate upon completion of the services more fully described in Attachment "A", with an anticipated completion date not to exceed 12 (twelve) months. The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with Law" and "Indemnification and Waiver of Liability" respectively, shall survive termination of this Agreement. 4. COMPENSA TION. 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 Attachment "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 Agreement. b. Payment 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. C0708-036 MARLIN ENGINEERING, INC. 2 1- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 other additional charges, if not 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 ten days (10) days written notice to Consultant. 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 indicated 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 minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for C0708-036 MARLIN ENGINEERING, INC. 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Five Million Dollars ($5,000,000). 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 with a minimum Best rating of A-Excellent. 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 of liability required to be maintained by Consultant hereunder. 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. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 8. 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, 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 C0708-036 MARLIN ENGINEERING, INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 9. COMPLIANCE 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 any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Consultant shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 10. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts. errors, mistakes or omissions the Consultant may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 11. ASSIGNMENT: 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. C0708-036 MARLIN ENGINEERING, INC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 12. TERMINATION. A. Termination for Cause. If, through any cause within 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. Under no circumstances, including termination for cause or termination without cause, shall the City be obligated to compensate Consultant for lost profits, or any resulting or consequential damages. 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 payment 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. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of AO) and A(ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 13. 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 C0708-036 MARLIN ENGINEERING, INC. 6 ~ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792~ 1702 If to the Consultant: Ramon Soria, P .E. President Marlin Engineering, Inc. 2191 NW 9ih Avenue Miami, Florida 33172 Tel: (305) 477-7575 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami~Dade County, Florida. 15. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the 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 from violating such proVISIons. C0708-036 MARLIN ENGINEERING, INC. 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3] 13 Fax 17. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 18. NON-DISCRIMINA TION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of ] 975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders] 1375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-1].], as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. C0708-036 MARLIN ENGINEERING, INC. 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. MISCELLANEOUS: A. 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. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement, and Attachment "A", which is 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 understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. (The remainder oj this page has been intentionally left blank.) C0708-036 MARLIN ENGINEERING, INC. 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: MARLIN ENGINEERING, INC., WITNESSES: CITY OF SUNNY ISLES BEACH ATTEST: By~A~ Jane' A~ Hines,:CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY C0708-036 MARLIN ENGINEERING, INC. 10 January 9, 2008 ~~!!~I~.l.IJI ~, Mr. A. John Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: PROPOSAL FOR PROFESSIONAL SERVICES NEWPORT FISHING PIER REPLACEMENT Dear Mr. Szerlag, Marlin Engineering, Inc. is please to respond to your request for proposal for the referenced project. 1. PROJECT Provide Consulting Civil Engineering Services for the plans design, including Engineering Specification and permitting documents for the demolition and reconstruction of the Newport Fishing Pier. The Newport Fishing Pier is located at Sunny Isles Boulevard and Collins Avenue, and is accessible through Pier Park. The Newport Fishing Pier was built in 1936, and was designated as a historic site in 1982 2. SCOPE OF WORK Project Description Consultant shall provide final plans for the replacement of the Newport Fishing Pier from the existing restaurant structure to end of the fishing pier. The existing fishing pier structure is approximately 635 feet long and 16 feet wide with timber piles, steel girders, steel floor beams and timber floor. 1. Pier Design and Plans, 2. Newport Fishing Pier Restaurant Design 3. Surveying, 4. Geotechnical Services, 5. Hydraulic Analysis, 6. Architectural Services, 7. Permitting and Environmental Assessment, 8. Special Engineering Specification Package 9. Mechanical, Lighting & Plumbing Services, 10. MEI will provide Twenty (20) sets of plans for dry-run and final process. 11. MEI will provide the following services during the Construction Phase of the project: a. Pre-construction Conference. Transpor.tation P,ar.lr.ling'll:Traffic EngineeringG.!iPject: Deve'~gh\Nay Design M unic rpa'trAvi at~TransitaConstruct:i on Manage me nt'rilBri dge , nspecti~surveyi ng 2191 NW 97 Avenue Miami. Florida 33172-2313 Tel. /3051 477-7575 Fax /3051477-7590 www.marlinengineering.com b. Shop drawings and technical submittal review. Requests for information (RFI) and plan clarification, as well as technical interpretations of the construction plans when requested by Client. c. Three (3) Site Visits during the construction of the project. 3. COMPENSATION FOR PROFESSIONAL SERVICES For the seNices performed under paragraph 2 Scope of Work, the Client will pay the Engineer the unit hourly rate not to exceed the sum of Four Hundred Forty One Thousands Three Hundred Three Dollars ($441,303.00), as described below and payable monthly in proportion to the seNices performed. 1. 2. 3. 4. 5. 6. 7. 8. 9. Pier Design and Plans Architectural/Structural Design - Restaurant SUNeying Geotechnical SeNices Hydraulic Analysis Architectural SeNices Permitting and Environmental Assessment Mechanical, Lighting & Plumbing Design SeNices Post-Design SeNices $142,620.00 $48,000.00 $10,000.00 $55,585.00 $40,398.00 $16,500.00 $90,000.00 $13,200.00 $25,000.00 $441,303.00 4. ANTICIPATED DESIGN AND CONSTRUCTION DURATION TOTAL DESIGN AND POST-DESIGN FEE 1. Design and Permitting 2. Demolition and Construction 6 months 12 months 5. NOT INCLUDED A- Bid Phase Services - Optional Services . Document Review and meetings or discussions with the parties involved in this process. B- PHYSCAL DEMOLITION AND DISPOSAL OF THE EXISTING FISHING PIER (this activity to be included at construction phase) C- ENGINEER CONSTRUCTION OF NEW FISHING PIER Should the Client wish us to provide and/or negotiate with third parties, any of the aforementioned seNices or any other additional work not included in this proposal under the Transpor~tion P'anninggT~ffic Engineeri~oject Deve'oprne~~~~.c>esign M unicipa'gAviati0nD.Transitr;;JLConstructi on Manage rne~ge , ns~yi ng 2191 NW 97 Avenue Miami. Florida 33172-2313 Tel. 13051 477-7575 Fax 13051477-7590 .... www.marlinengineering.com Scope of Work, MEI will provide it on a Time Charge plus Expenses basis, computed as the sum of the following: . Salary Costs times a multiplier of 3.00. . Non-Salary expenses times a multiplier of 1.05 5. CLIENT RESPONSIBILITIES: Provide access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this proposal. Place at the disposal of the Engineer all available information pertinent to the project upon which the Engineer can rely, including previous reports, boundary and topographical survey, and any other data related to the design and construction of the project. Designate a person to act as the Client's representative with respect to the work to be performed, such person to have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the work covered by this proposal. 6. ACCEPTANCE The return of an executed copy of this proposal and completion of the fee negotiation agreement would constitute our authorization to proceed. Very truly yours MARLIN ENGINEERING, INC. Edwin F. Mojena, P.E. Manager, Design Services Department ACCEPTED BY: ; DATE: Transpor:tation P/anninQ)l:Trafflc Engineeri~j~e/opme~ghvvay Design M unicipa'a'Aviati~Transit1:l.Constructi on Manage ~Br; dge I nspectiOnDSurveyi ng 2191 NW 97 Avenue Miami. Florida 33172-2313 Tel. 13051 477-7575 Fax 13051477-7590 www.marlinengineering.com OF 5U '" TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commiss:n ~ SO". , A. John Szerlag, City Managr 2>U January 17,2008 Award of Engineering Services for Demolition and Reconstruction of Sunny Isles Beach/Newport Fishing Pier Recommendation I recommend Marlin Engineering, Inc. provide civil engineering services for the design, specification, and permitting documents for the demolition and reconstruction of the Sunny Isles Beach/Newport Fishing Pier. Specific elements of the scope of work are detailed in the attached proposal. Cost of the proposal will be on an hourly rate not to exceed $441,303.00 Funding is provided through a public/private partnership with Dr. Comfeld. Specifically, this is account # 20-600-5670. Removal and replacement of the fishing pier needs to be accomplished in an expedient fashion because the structure east of the shoreline is structurally deficient. As such, this recommendation includes circumventing the quality-based selection procedure and going directly with Marlin Engineering. Other reasons for doing this follow: 1. Marlin Engineering was recently selected as the most qualified firm to construct our marine proj ects which are the' Pedestrian/Emergency Vehicular Bridge, and boardwalk. 2. Marlin Engineering has first-hand experience with the pier, as they conducted the inspection thereof. 3. Attached is a cost analysis from Public Works & Engineering Director Rick Conner, who is also a licensed professional engineer, indicating that compensation for professional services to Marlin is reasonable. Thank you. AJS/pw AttacIunent( s) Commission - Newport Fishing Pier Engr Svs By Marlin Memo A. John Szerlag January 17, 2007 Page 2 cc: Robert Cornfeld, President, The Cornfeld Group Ramon Soria, President Marlin Engineering Edwin F. Mojena, Manager Marlin Engineering Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Rick Conner, Public Works & Engineering Director Commission - Newport Fishing Pier Engr Svs By Marlin Memo