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HomeMy WebLinkAboutReso 2008-1202 RESOLUTION NO. 2008- I A 0 ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), FOR ADDITIONAL DESIGN SERVICES FOR THE CENTRAL ISLAND DRAINAGE PROJECT; IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED FORTY DOLLARS ($116,840.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT TO 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 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, pursuant to Resolution No. 2003-628, adopted on December 18, 2003, the City Commission approved a Technical & Economic Proposal submitted by BH&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; and WHEREAS, pursuant to Resolution No. 2006-1025, adopted on December 14,2006, the City Commission approved the First Amendment to the Agreement to provide necessary updates to the existing plans and technical assistance required to incorporate the undergrounding utilities information for the Central Island Drainage Project, for a total fee of Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, additional design services for the Central Island Drainage Project is required in order to place curb and gutter on all of the streets as only forty percent (40%) of the streets were required to have curbs and gutters in the original contract; and WHEREAS, BH&A has submitted a proposal to provide additional design services to incorporate curbs and gutters to all of the streets for the Central Island Drainage Project, for a total fee of One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00); and R2008- Central Island Drain Agrmt 2nd Amend W-BHA Page I 01'2 WHEREAS, the City wishes to expand the scope of services and amend the contract with BH&A in an amount not to exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00), bringing the total contract amount not to exceed Three Hundred Seven Thousand Eight Hundred Ninety Dollars ($307,890.00), unless amended by prior approval of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to Consultant Agreement. The Second Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc., for additional design services for the Central Island Drainage Project, in an amount not to exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00), 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 Second Amendment to 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 1 ih day of Januar 2008. A TTtST: ~f\~ Jane A. Hines, CMC, City Clerk AS TO FORM FICIENCY: Vote: $-b Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Moved by: r1)~~~L}rJ Seconded by: \.(l Q rY\~Oy ~ 'A1-tR. --1L.(Y es) ---1.L(Y es) ----'L(Y es) ~c.Y es) ~Yes) _(No) _(No) _(No) _(No) _(No) R2008- Central Island Drain Agrmt 2nd Amend W-BHA Page 2 of2 CITY OF SUNNY ISLES BEACH SECOND AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH & ASSOCIATES, INC. CONTRACT NO.: C0708-029 THIS SECOND AMENDMENT is made and entered into this ~ay of January 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and BEISWENGER, HOCH & ASSOCIATES, INC., a Florida corporation located at 1190 N.E. 163rd Street, North Miami Beach, Florida 33162, (hereinafter referred to as "Consultant"), whose Federal J.D. # is 59- 0751610. WHEREAS, pursuant to Resolution No. 2003-628, adopted on December 18, 2004, the City Commission approved an Agreement with Consultant ("Consultant Agreement"), attached hereto as Attachment "A", to provide design and technical assistance services for the City's Central Island Drainage and Street Improvement Project ("Central Island Drainage Project"), in an amount not to exceed One Hundred Sixty Seven Thousand Forty Dollars ($167,040.00); and WHEREAS, pursuant to Resolution No. 2006-1025 adopted on December 14,2006, the City Commission approved a First Amendment to the Consultant Agreement attached hereto as Attachment "B", to provide design and technical assistance services for the Central Island Drainage Project, in an amount not to exceed One Hundred Ninety-One Thousand and Fifty Dollars ($191,050.00); and WHEREAS, the Consultant has submitted a proposal dated December 17, 2007, to provide the necessary updates to the existing plans and technical assistance required to add curb and gutter within the right of way limits for the Central Island Drainage Project and post design services for a total amount not to exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00), as more fully described in Attachment "C" which is attached hereto. NOW THEREFORE, in consideration of the premises and the mutual covenants herein stated, the parties hereto agree as set forth below: 1. AMENDMENT TO SCOPE OF SERVICES: Consultant shall proceed to evaluate the revisions to the plans to add curb and gutter to all streets and post design services, as more fully described in Attachment "C". 2. COST: The Consultant agrees that the total shall not exceed One Hundred Sixteen Thousand Eight Hundred Forty Dollars ($116,840.00), unless amended by prior approval of the City. 3. TERM: The term to this Second Amendment to Consultant Agreement shall begin upon the execution of this Second Amendment and shall end no later than two (2) months from the "Notice to Proceed". I C0708-029 Second Amendment - Central Island Drainage r City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. CONFLICTING PROVISIONS: If there is any conflict between any provision(s) of this Second Amendment to Consultant Agreement, the original Consultant Agreement, or the First Amendment to Consultant Agreement, or any other documents, the term(s) of this Second Amendment to Consultant Agreement shall prevail. 5. INCORPORATION OF TERMS AND CONDITIONS: Except as expressly amended or modified by this Second Amendment to Consultant Agreement, all of the terms and conditions of the original Consultant Agreement between the parties dated December 18, 2004, and the First Amendment thereto dated December 14, 2006, shall remain in full force and effect in accordance with their terms. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. H --. Ll--. D .. - I /c1'n, ('f1 ~~ ....- BEISWENGER, HOCH & ASSOCIATES, INC. By: pU- I> . D~ Print Name: 7c802-T is. )~5C/2- Print Title: VltJf. p~ tV!;,,) r WITNESS: -JjdtU 2 ~ - Print Name: J;,~JOJ S. .geo+~~'f.., Print Name: Mol"nicO-- Fdu=c~ ." ATTEST: "By: d~~: f\ ~ Jane A. Hines, CMC, City Clerk 2 C0708-029 Second Amendment - Central Island Drainage RESOLUTION NO. 2003- G, 2E, 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 STORMWATER 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, Hach 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 II and Phase Ill; 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 Stonnwater System Design, Technical Assistance and Bidding Process for Central Island Stonnwater 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 Stonnwater System Design, Technical Assistance and Bidding Process for Central Island Stonnwater 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 tenns of this Resolution. R2003. B H&A Tech&Econ Proposal/Central Isle Storm water Drainage 1 ATTACHMENT "A" Section 3. adoption. Effective Date. This Resolution sha11 become effective immediately upon PASSED AND ADOPTED this 18th day of December, 2003. / ATTEST: . ~~.~~~ .,', Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~jM2 (J. Ly n M. Dannheisser, City Attorney Moved by: CD ~N\..lS ,\0 fUCt...e &~ Z I t\J Seconded by: C-b~H l OY\.CU'1 TH'4-L.~_ Vote: '-\ -0-1 Mayor Edelcup Vice Mayor Goodman X- A-6~k- Commissioner Brezin Commissioner Iglesias Commissioner Thaler VtYes) _(Yes) ~(Yes) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) R2003- BH&A Tech&Econ ProposallCentrallsle Stormwater Drainage;z , ,) " CITY OF SUNNY ISLES BEACH CONSUL T ANT AGREEMENT CONTRACT NO. 04-03628-01 THIS CONSULTANT AGREEMENT made and entered into this~daYOf ~ ~1f 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 !:'1- 0 7 ~ 16/0 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 projects 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 Stonnwater 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: 1. RECIT ALS. 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/toO 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 1, 9 . . v, v '-'uuw.:> n. V 10 11 UC;, ~Ullt: L.JV, ~UIUl 'es tleach, Florida 33 160 (305) 947-0606 phone (305) 949-311J Fax 2004, and shall begin within ten (I 0) 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. 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. c. Availability 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, 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 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 Attomeyl Agreementslch 1/21/2004 -. - -~....~... ~HU\,., '-'UHe L.JV, ~UIU les ljeach, Florida 33160 (305) 947-0606 phone (305) 949-31 u 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: CJ Comprehensive General liability insurance -- including broad fonn 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 limi t occurrence. CJ 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. CJ Errors and Omission -. Consultant shall carry a minimum of $500,000 coverage for errors and omissions. CJ 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 of liability required to be maintained by Consultant hereunder. 3 BH&A Central Island Stormwater Consulting Agreement A Ilomey/ Agreementslch 1/2 J /2004 . . ~ . v ~vuu." .n. n;;!JUl;, ..:lUll\: L..JV, .::>wm es tseach, Florida 33160 (305) 947 -0606 phone (305) 949-31 b Fax 1 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 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. 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 onil and written information not in the public domain or not previously known, and all infonnation 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 hannless, 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 Storrnwater Consulting Agreement Attorney/ Agreementsich 1/21/2004 ----.J ----- -----. , I V I v LUIJIDS A venue, ~ulte 250, Sunn: es Beach, Florida 33 l60 (305) 947-0606 phone (305) 949-31 l.J Fax 10. TERMINATION. a. If, through any cause within the reasonable control the Consultant shaH fail to fulfill in a timely marmer 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. Ifthe default remains uncured after ten (10) days the City may terminate this agreement. I. In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub-Consultant[s]) shall be delivered to the City and the City shaH compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. II. Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. Ill. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: I. 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 Attomeyl Agreementslch 1/21/2004 ".I ---J ~J ~"""f ...Ht:.) UeUL:n J IUIO Collins Avenue, Suite 250, Sunnes Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 b 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. MODIFICA TIONS 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 (I) 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 shaJl 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 detennined by the court on confirmation. 17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn 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 Anorneyl Agreemenlslch 1/21/2004 ... J - -~~"'~"J -........-.... ---...... 1 I V I v \...Ull11l~ ~ venue, :';)uIte L~U, Sumr es Beach, Florida 33160 (305) 947-0606 phone (305) 949-311-, 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 Cqnsultant in a court of equity for violating such provIsions. 18. NOTICES. All notices and communications hereunder shall be in writing and shaIl 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 163rd 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 wiIl not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, maritaVfamily 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. 7 BH&A Central Island Slormwater Consulting Agreement Attomey/ Agreemenls/ch 1/21/2004 ,-,.." "J >JUllflY ,/.;3U;;3 Df:;UCn I /V /U Collms A venue, Suite 250, Sunn: :s Beach, Florida 33160 (305) 947-0606 phone (305) 949-311 j 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 Stonnwater Consulting Agreement Attorneyl Agreementsich 1/21/2004 ) ~ ""uy U} ,Junny I.:!>le:l DeaCn 1/U70 Collins Avenue, Suite 250, Sunn es Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 b Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: ~~tt; . - me'_ 3_ <1. t. _ ~_""- ~'Cfl t1.u.o~ Print Name: H nn'iC-h t=i hl<t-l., BEISWENGER, HOCH & ASSOCIATES, INC. By: ~...J- A. /~....- Vu.! President Print/type Name: Z~ R . Y.L\.tSU' , . ATTEST:' . 0:.. , . , . : CITY OF SUNNY ISLES BEACH I.. 'J J ,'1 . . .< k" '~A~'~'~ ~ . ,. ", ....". : .. ! '.B~ .; . . Jane A. Hines, City Clerk APPROVED AS TO FORM AND L FI CIENCY By: Attachments: Exhibit "A" Proposal Resolution No. 2003-628 9 BH&A Central Island Stormwater Consulting Agreement Attorney/ Agreementslch 1/21/2004 . ,i PNODLJ....t;;" THIS CERTIFICATE I~ ....SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BR01ffl & BROWN INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8000 GOVERNORS SQUARE BLVD 400 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MI~I 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 LTD PO BOX 1368 INSURER 0: NORTH MIAMI BEACH, FL 33160 INSURER E: .c.c.J.::;W-l 02/16/04 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 IMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER ' 'O~';!~iMM/DblYYf 1"/)'ir'ET(MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 r- A X X COMMERCIAL GENERAL LIABILITY 21UUNUT9243 12/31/03 12/31/04 PREMISEs (Ea occ:u,enca) 5 300,000 r- ~ CLAIMS MADE [!J OCCUR MED EXP (Any one person) 5 10,000 PERSONAL & ADV INJURY 51,000,000 '-- GENERAL AGGREGATE 52,000,000 '-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG 52,000,000 n .nPRO- n POliCY JECT LOC AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT - 5 1,000,000 A X ANY AUTO 21UENLJ4417 12/31/03 12/31/04 (Ea aCCIdent) - ALL OWNED AUTOS BODIL Y INJURY '-- 5 SCHEDULEO AUTOS (Per person) - HIRED AUTOS BODIL Y INJURY - 5 NON-OWNED AUTOS (Per accident) - r- I PROPERTY DAMAGE 5 (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIOENT 5 Y ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY AGG 5 EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE 52,000,000 B ~ OCCUR o CLAIMS MADE 21XHUUT7094 12/31/03 12/31/04 AGGREGATE 52,000,000 5 ~ DEDUCTIBLE 5 X RETENTION s10000 s I WORKERS COMPENSATION AND XjTORY LIMITS I /uER- .. EMPLOYERS' LIABILITY 21WBGD0141 12/31/03 12/31/04 500,000 - ANY PRCPRIETOR/PARHlERlE;;::CUTiVE E L EACH ACCIDENT 5 OFFICERiMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE S 500,000 ~tE~~'P~~II~~?O~S below E L. DISEASE - POLICY LIMIT S 500,000 OTHER ,SCRIPTION OF OPERATIONS I LOCATIONS I IIEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROIIISIONS *10 Day Non-Payment Cancellation clause applies. ertificate Holder named as an Addi.tional Insured for General Liability overages with regard to project work being conducted in the City. :RTIFICA TE HOLDER CANCELLA TION CIT3160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP'RAnON DA TE THEREOF, THE ISSUING INSURER WILL ENDEA IIOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL CITY OF SUNNY ISLES BEACH IMPOSE NO OBLIGATlON OR LIA OF ANY KIND UPON THE INSURER. ITS AGENTS OR 17070 COLLINS AVENUE, ST. #250 SUNNY ISLES BEACH FL 33160 REPRESENT A TlIIES. AUTHORIZED REPRESENTATI E ORD 25 (2001/08) ROBERT HOLLANDE 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. :ORD 25 (2001/08) RESOLUTION NO. 2006- 1Q.2. 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), FOR THE CENTRAL ISLAND DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND TEN DOLLARS ($24,010.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO 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 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, pursuant to Resolution No. 2003-628, adopted on December 18, 2003, the City Commission approved a Technical & Economic Proposal submitted by BH&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; and WHEREAS, a revision of the plans for the Central Island Drainage Project is required due to the latest undergrounding utilities information; and WHEREAS, BH&A has submitted a proposal to provide the necessary updates to the existing plans and technical assistance required to incorporate the undergrounding utilities information for the Central Island Drainage Project, for a total fee of Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, the City wishes' to expand the scope of services and amend the contract with BH&A in an amount not to exceed Sixteen Thousand Eight Hundred Ten Dollars ($16,810.00) plus an additional amount not to exceed Seven Thousand Two Hundred Dollars ($7,200.00) for technical assistance, bringing the total contract amount not to exceed One Hundred Ninety-One Thousand Fifty Dollars ($191,050.00), unless amended by prior approval of the City. R2006- 1" Amendment to Agmt wi BH&A A TT ACHMENT "B" NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to Consultant Agreement. The First Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc., for the Central Island Drainage Project, in an amount not to exceed Twenty-Four Thousand Ten Dollars ($24,01 0.00), 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 First Amendment to 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. ATTEST: ~~~ . ~ . Jane A. Hines, CMC, City Clerk Vote: ~-t) Moved by: Y, u vY\~l)Y lHfH-~ Seconded by: ~~ IGL<c.~/~ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~Y es) (Yes) ~(Yes) --v(Y es) ------r7(Yes) _(No) _(No) _(No) _(No) _(No) R2006- t" AmendmenllO Agml wi BH&A 2 CITY OF SUNNY ISLES BEACH FIRST AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH & ASSOCIATES, INC. CONTRACT NO.: C0607-012 THIS AMENDMENT is made and entered into this day of 2006, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "City") and BEISWENGER, HOCH & ASSOCIATES, INC., a Florida corporation located at 1190 N.E. 163rd Street, North Miami Beach, Florida 33162, (hereinafter referred to as "Consultant"). WHEREAS, pursuant to Resolution No. 2003-628, adopted on December 18, 2004, the City Commission approved an Agreement with Consultant ("Master Agreement"), hereinafter referred to as Attachment "A", to provide design and technical assistance services for the City's Central Island Drainage and Street Improvement Project (Central Island Drainage Project), in an amount not to exceed One Hundred Sixty Seven Thousand Forty Dollars ($167,040.00); and WHEREAS, a revision of the plans for the Central Island Drainage Project is required due to the latest undergrounding utilities information; and WHEREAS, the Consultant has submitted a proposal, dated November 30, 2006, to provide the necessary updates to the existing plans and technical assistance required to incorporate the undergrounding utilities information for the Central Island Project, for a total fee of Twenty-Four Thousand and Ten Dollars ($24,010.00), as more fully described in Attachment "B" which is attached hereto and made a part hereof. NOW THEREFORE, in consideration of the premises and the mutual covenants herein stated, the parties hereto agree as set forth below: 1. AMENDMENT TO SCOPE OF SERVICES. Subsection 2a of the Master Agreement is amended as follows: a. In addition to the design and technical services being provided by Consultant for the City's Central Island Drainage Project, Consultant shall revise the existing plans and secure all necessary permit approvals for the Central Island Drainage Project as necessary to incorporate the undergrounding of utilities information, as more fully described Attachment B. 2. AMENDMENT TO CONTRACT PRICE. Subsection 2c of the Master Agreement is amended as follows: b. The contract price shall be increased by $16,810.00, plus an additional amount not to exceed $7,200.00 for technical assistance. The total aggregate contract price shall not exceed ONE HUNDRED NINETY-ONE THOUSAND AND FIFTY DOLLARS ($191,050.00), unless amended by prior approval of the City. C0607-0 12 First Amendment - Central Island Drainage \B ) I City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3] ] 3 Fax 3. REMAINING TERMS. All other terms and provisions of the Master Agreement dated December] 8, 2004 shall remain in full force and effect. 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 party granting such waiver. In the event of any conDict between the terms of this Agreement and any other agreement, this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: BEISWENGER, HOCH & ASSOCIA TES, INC. By: Print Name: Print Name: Print Title: Print Name: ATTEST: By: Jane A. Hines, CMC, City Clerk -. ~ / / C0607-0 12 First Amendment - Central Island Drainage 2 ,) ---- ----- lBeos\N<elngeu l1=f1({j)~h and Ass(Q)~oarttes North Miami Beach, December 17,2007 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Mr. Rick Conner Engineering and Public Works Director 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Reference: Revisions to Central Island Drainage and Street Improvements Project for addition of Curb and Gutter to all streets and Post design services. Dear Mr. Conner: Based on our conversation of December 13, we proceeded to evaluate the revisions to the plans to acid curb and gulter along the streets as indicated on the attached plan. Proposed Scope of Services: Beiswenger, Hoch and Associates will revise all the plans to add curb and gutter within the right of way limits. The horizontal design will remain as per the original plans, however, to accommodate the curb and gutter BHA will redesign tile vertical geometric configuration, revise the type of drainage structures and relocate these drainage structures and drainage wells as needed in the new vertical desig'}- BHA will provide ~ost design s~rBvise-th6-f}laAs~ting the City with reports, meetings with governmentaf-agencfes-;-cnm~ and sub consultants;-~ Plans Revision: The revision to the plans will include the geometric redesign of streets, location of e1rainage structures, typical sections, summary of quantities, cross sections, signing and pavement markings and list of pay items plans. The following is the list of plans to be revised: 1.- 2.- 3.- 4.- 5.- 6.- 7.- S.- 9.- 10_- 11.- 12.- 13.- 14.- 15.- Typical Sections Summary of Quantities Plan and Profile North Bay Road Plan and Profile NE 1751h Terr. Plan and Profile Atlantic Boulevard Plan and Profile NE 1781h Street Plan and Profile NE 17SIh Drive Plan and Profile NE 177lh Drive Plan and Profile NE 1791h Drive Plan and Profile NE 180lh Drive Plan and Profile NE 18151 Drive Summary of Drainage Structures Drainage Wen Detail Drainage Details Cross Sections 3 Sheets I Sheet 6 Sheets 1 Sheet 4 Sheets 2 Sheets 2 Sheets 1 Sheet 2 Sheets 2 Sheets 2 Sheets 4 Sheets 1 Sheet 1 Sheet 37 Sheets TOTAL (Number of sheets to be revised) 69 Sheets In addition to the revision to the above list of plans, the scope of work includes post design services to make the necessary revisions to the plans during construction stage as the need arise. The scope of work for post design services includes but is not limited to revision of the plans, permitting, assisting the City with reports, meetings with governmental agencies, contractor and sub consultants. Deliverables: Upon completion BHA will deliver a completed set of plans with the revisions, including typical sections, plan and profile, cross sections, and details. BHA will revise the summary of quantities CUHj provide a new construction cost estimale. Additionally BHA will revise the drainaae calculations and A TT ACHMENT "C" P.O. Box 1368, North Miami Beach, Florida 33160 ~ 1190 f\JE 163rd;~lreet, Suite 203, North Miami Beach, Florida 33162 file for permit with DERM and FDEP. During the construction phase, BHA will assist the City with revision to the plans and meetings with governmental agencies. Time for completion: The estimated time for completion of the revisions to the construction plans is estimated to be two (2) months from the "Notice to Proceed". Post design services will commence witll the notice to proceed for the construction. Fee Proposal: The Cost Proposal for the cJesc:ribed scope of services and deliverables is: 1.- 2.- 3.- 4.- 5.- 6.- 7.- 8.- 9.- 10.- 11. - 12.- 13.- 14.- 15.- Typical Sections Summary of Quantities Plan and Profile North Bay Rd Plan and Profile NE 175111 Ter. Plan and Profile Atlantic Blvd Plan and Profile NE 1781h St. Plan and Profile NE 178tl1 Dr. Plan and Profile NE 17ih Dr. Plan and Profile NE 179111 Dr. Plan and Profile NE 180lh Dr. Plan and Profile NE 18151 Dr. Summary of Drainage Structures Drainage Well Detail Drainage Details Cross Sections TOTAL HOURS Project Manager Senior Engineer Engineer CADD Operator/Drafting Permit Application (DERM) Post Design Services. Sheets Project Man Hours Engineer Drafting 3 1 6 1 4 2 2 1 2 2 2 4 1 1 37 12 40 48 8 32 16 16 8 16 16 16 32 24 16 148 8 8 16 4 8 8 8 4 8 8 8 16 16 8 40 69 448 184 32.0 hI'S X $ 140.0 hI's X $ 308.0 hI'S X $ 184.0 hI'S X $ 64.0 hrs X $ 300.0 hrs X $ 160.00/Hr 135.00/Hr 100.00/Hr 70.00/Hr 135.00/Hr 135.00/Hr $ $ $ $ $ $ 5,120.00 18.900.00 30,800.00 12,880.00 8,640.00 40,500.00 TOTAL (One Hundred Sixteen Thousand Eight Hundred Forty and 00/100) $ 116,840.00 . Post design services shall not exceed $ 40,500.00 The fee proposal does not inclucle cas Is associated with geotechnical work, ulility location (soft digs), permit applications, well capacity or waler quality testing. Should you have any questions don't llesilale 10 call us at (305) 944-5151 Sincerely, f i BEISWENGER, HOCH AND ASSOCIATES INC. . i:'~~'-_.:' .c:)..rf ~~:-. . . "'r:.;-:"~ Vi .tor 1-1. ,~~tara .-.- ojecl Man~er CC: Robert DeLiseI' Beiswenger, Hoch and Associates, Inc. 1- City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commissioll Norman S. Edelcup, Mtryor Lewis J. Thaler, Vice Mqyor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottino!, City Attorney Jane A. Hines, City Clerk (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax TO: Honorable Mayor and City Commission VIA: A. John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager 0 Rick Conner, Director of Public Works /c ~ January 17/ 2008 DATE: REGARDING: Approval of an Agreement with Beiswenger, Hoch & Associates for additional design services on the Central Island Drainage Project RECOMMENDATION We recommend that the City Commission approve an agreement with Beiswenger, Hoch & Associates for additional design services on the Central Island Drainage Project in an amount not to exceed $116/840. REASONS We are ready to begin the construction of the Central Island Drainage System. There was a great deal of interest in this project, we received fourteen bids. They have been opened and by a separate agenda item, we will ask you to award a construction contract. This item is to allow additional design work so that all of the streets in the project are curbed and guttered as part of their reconstruction. As c1arification, in the original design (produced several years ago), only about forty percent of the streets were to have curb and gutter. In reviewing this plan, we strongly recommend placing curb and gutter on all of the streets. It is the engineers estimate that this will increase the total cost of the project from $3.7 million to under $4.0 million. The budget for the project in this fiscal year is $7/571,663. ADDITIONAL INFORMATION We already have the right to use the property. The total cost of the project is estimated to be approximately $4/000/000. The operation and maintenance costs can not be determined until the project has been designed. The project is expected to be completed in late 2009. Funding is available in Account Number 40-538-5635, Funding available; Agenda Item No.; Commission Meeting Date: ~~ -i' -- -- "31- -\\\. :z 4 -.J ~ -~ D.- r \Jl m ~J.;+~ ...l J t- ~ h. '<! ~ \) ..., ~~Ul6 ~ ,~ a ::t. ~ ~ :2 ~ .Q - <l. ~ ~ D ~;j\\C\.-l Z ill \ \ I I '-S ';l.~\).., -_....--- \\j --- ~-l -1./\ -1 \::1.\[\ )- ~ ~ i 'Z F= <:l =t. - ~ I- I "-.1' - -\i\ ~ l1.J. tL ~ '-J\ -~ U\ ~ -~ ~ ~ ~ t?- - ~ \l\ ). t \!'- l' }- ---- ~ \r.. -:z \l... ~ ~ <S ~ ..J \l\ ~ ~~ ::t\U -~ -(::) \9 t::.. ~ ..q- ~\{\ n I I r:!.. ~ ~'5 ~ -~I ~i _~ '\[\ ~ City Commission Norman S, Edelcup Mayor January 23, 2008 Lewis J, Thaler Vice Mayor Roslyn Brezin Commissioner Victor Hugo Guevara Beiswenger Hoch & Associates, Inc, 1190 N.E, 163rd Street North Miami Beach, FL 33162 Gerry Goodman Commissioner George "Bud" Scholl Commissioner Re: Second Amendment to Central Island Drainage Consultant Project A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk Dear Mr. Guevara: At its regular meeting of January 17, 2008, the City Commission adopted Resolution No. 2008-1202, which approved a Second Amendment to the Central Island Drainage Consultant Agreement. Enclosed are two (2) original agreements for execution and witnessing by Beiswenger Hoch & Associates, Inc. Upon execution, please return both originals to my attention for final processing. An original, executed agreement and a copy of the approving resolution will be mailed to you upon completion, Thank you. ~trulY yours, ~~W~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o enclosures) BH&A - Central Island Designs Services Agrmt Amend Trans Memo Beiswenger, Hoch and Associates CONSULTING ENGINEERS, ARCHITECTS AND PLANNERS February 5, 2008 Ms. Priscilla Walker, CMC Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Second Amendment to Central Island Drainage Consultant Agreement Dear Ms. Walker: Please find enclosed two (2) signed originals of the Second Amendment for the above referenced project. Once fully-executed, please furnish one (1) copy for our files. Sincerely yours, BEISWENGER, HOCH AND ASSOCIATES, INC. ~v~ Robert B. Deuser Vice President RBD/lss Enclosures 1190 NE 163rd Street, Suite 203, North Miami Beach, FL 33162 . (305) 944-5151 . Fax (305) 948-6290 . wwwbhaengineers com 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 Ottinol City Attorney Jane A. Hines City Clerk February 12,2008 Victor Hugo Guevara Beiswenger Hoch & Associates, Inc. 1190 N .E. 163 rd Street North Miami Beach, FL 33162 Re: Second Amendment to Central Island Drainage Consultant Project Dear Mr. Guevara: At its regular meeting of January 17, 2008, the City Commission adopted Resolution No. 2008-1202, which approved a Second Amendment to the Central Island Drainage Consultant Agreement. Enclosed are a copy of the approving legislation and an original, executed agreement for your files. Thank you. ~ruly yours, ~uQQ~~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director Anice Paul, Administrative Assistant to Finance Department BH&A - Central Island Design Services Agrmt Trans Ltr