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
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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
,
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"
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
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(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
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BH&A Central Island Stormwater Consulting Agreement
Anorneyl Agreemenlslch
1/21/2004
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1 I V I v \...Ull11l~ ~ venue, :';)uIte L~U, Sumr es Beach, Florida 33160
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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:
~~
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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