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Home My WebLink AboutReso 2008-1220 RESOLUTION NO. 2008- I 2. ?,,(') A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), TO PROVIDE PROJECT MANAGEMENT, ENGINEERING TESTING, AND QUALITY CONTROL SERVICES FOR THE CONSTRUCTION OF THE CENTRAL ISLAND DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-EIGHT THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS ($278,355.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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, on December 18, 2003 the City Commission, via Resolution No. 2003-628, approved an agreement with Beiswenger, Hoch & Associates 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, pursuant to Resolution No. 2008-1202, adopted on January 17, 2008, the City Commission approved the Second Amendment to the Agreement 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 WHEREAS, the City is now in need of project management, engineering testing, and quality control services for the construction of this project; and WHEREAS, Beiswenger, Hoch and Associates has submitted a proposal to provide these services for the Central Island Drainage Project, for a total fee of Two Hundred Seventy-Eight Thousand Three Hundred Fifty-Five Dollars ($278,355.00); and WHEREAS, the City wishes to enter into an agreement with Beiswenger, Hoch and Associates to provide these services for the Central Island Drainage and Street Improvements R2008- BHA Central Island Drain Agrmt 3rd Amend Page I of2 Project, in an amount not to exceed Two Hundred Seventy-Eight Thousand Three Hundred Fifty- Five Dollars ($278,355.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Five Hundred Eighty-Six Thousand Two Hundred Forty-Five Dollars ($586,245.00), 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 Third Amendment to Consultant Agreement. The Third Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc., to provide Project Management, Engineering Testing, and Quality Control Services for the construction of the Central Island Drainage Project, in an amount not to exceed Two Hundred Seventy-Eight Thousand Three Hundred Fifty-Five Dollars ($278,355.00), attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Third Amendment to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. ATTEST: ~ ~A . Jane A. Hines, CMC, City Clerk PASSED AND ADOPTED this 21st day of February 2008, ~ t:Jr/tZ'/J/ 4p~ ~ 7 an s. Edelcup, Mayor Vote: L.J -O-l Mayor Edelcup --0Y es) Vice Mayor Thaler A1os~es) Commissioner Brezin -L.L-(Yes) Commissioner Goodman 'CfY es) Commissioner Scholl (Yes) Moved by: c.e~~ ~\+-oLL Seconded by: Ct>~~ ~$"Z. I AJ _(No) _(No) _(No) _(No) _(No) R2008- BHA Central Island Drain Agrmt 3rd Amend Page 2 of2 CITY OF SUNNY ISLES BEACH THIRD AMENDMENT TO CONSULTANT AGREEMENT WITH BEISWENGER, HOCH & ASSOCIATES, INC. CONTRACT NO.: C0708-039 THIS THIRD AMENDMENT is made and entered into this ~ ,.stday of February 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 corporzttion located at 1190 N.E. 163rd Street, North Miami Beach, Florida 33162, (hereinafter referred to as "Consultant"), whose Federal 1.0. # 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"), 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 to provide design and technical assistance services for the Central Island Drainage Project, in an amount not to exceed Twenty-Four Thousand Ten Dollars ($24,010.00); and WHEREAS, pursuant to Resolution No. 2008-1202 adopted on January 17, 2008, the City Commission approved a Second Amendment to the Consultant Agreement 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); and WHEREAS, the Consultant has submitted a proposal dated January 23,2008, to provide project management and engineering testing and quality control services for the construction of the Central Island Drainage Project, for a total amount not to exceed Two Hundred Seventy Eight Thousand Three Hundred Fifty Five Dollars ($278,355.00), as more fully described in Attachment "A". 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 provide project management and engineering testing and quality control services for the construction of the Central Island Drainage Project, as more fully described in Attachment "A". 2. COST: The Consultant agrees that services shall be provided strictly on a hourly basis per Attachment "A", and under no conditions shall the total cost exceed Two Hundred Seventy Exhibit "A" C0708-039 Third Amendment - Central Island C City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Eight Thousand Three Hundred Fifty Five Dollars ($278,355.00), unless amended by prior approval of the City. 3. TERM: The term to this Third Amendment to Consultant Agreement shall begin upon the execution of this Third Amendment and shall end upon the completion of the Central Island Drainage Project. 4. CONFLICTING PROVISIONS: If there is any conflict between any provision(s) of this Third Amendment to Consultant Agreement, or any other documents, the term(s) of this Third Amendment to Consultant Agreement shall prevail. 5. INCORPORATION OF TERMS AND CONDITIONS: Except as expressly amended or modified by this Third Amendment to Consultant Agreement, all of the terms and conditions of the original Consultant Agreement between the parties dated December 18, 2004, the First Amendment dated December 14, 2006, and the Second Amendment dated January 17,2008, shall remain in full force and effect in accordance with their terms. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in double on the day and year first written above. WITNESS: HOT\L~ 'F~rA Print Name: YOn ,'Cc1 F;,~ BEISWENGER, HOCH & ASSOCIATES, INC. By: ~u- a, ~ Print Name: ~6e;2..-( -g, j)~ER.. Print Title: VI'-€. PUS I DE,.) r ATTEST: BY;, ~ ~ ~_~ Jane A. Hines, CMC, City Clerk CITY OF SUNNY ISLES BEACH ::1 ~J//Jf/~ ~ yor Norman S. Edelcup 2 C0708-039 Third Amendment - Central Island Drainage 11ll nn Beis\Nenger Hoch and Associates Sunrise January 23, 2008 CONSULTING ENGINEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Mr. Rick Conner Engineering and Public Works Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FI. 33160 Ref: Central Island Drainage and Street Improvements Clarification of CEI Scope of Services Dear Mr. Conner: Per our latest conversation today, I would like to clarify certain services that are included in the scope of work for the construction engineering supervision of this project. . The Construction Manager proposed by BHA, Patrick Hayes will remain full time during the extent of construction operations. Additionally, George Sokola will assist the Construction Mananer during special construction operations including asphalt operations, drainage well testing. Drainage well operation and capacity verification will be done by the engineer of record (Manuel Vega from BHA). . Preparation of As-built plans in Auto Cadd for accurate record keeping by the City. · Density testing with Nuclear Density equipment (Troxler), including the equipment. Proctor testing to be done by independent Soils Testing Laboratory, . Taking of concrete cylinder samples and slump testing of concrete when needed. In addition with the additional scope of work that was included as part of our technical involvement in the construction supervision, we have also eliminated the following cost items. · Hour of Project Manager (meetings) have been reduced from 80 to 50 hours. With the expertise of the proposed CEI staff, there is less need for the Project Manager routine involvement. · We have eliminated the cost associated with Cadd operator. · We have eliminated all costs associated with field project expenses. Hope this will help to clarify that the scope of services included in our proposal IS broader that the outline of services indicated on our letter. With these changes the revised fee estimate is as follows: P.O. Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162 FEE ESTIMATE Classification Hours Rate Cost Project Manaqer (Meetinqs) 50.0 160.0 8,000.0 Construction Manager/Senior Inspector 2,250.0 90.0 202,500.0 Senior Inspector (Asph/Road) 692.0 90.0 62,280.0 Field Survey Crew (3 party day) 5 days 1,115.0 5,575.0 TOTAL 278,355.0 TOTAL: TWO HUNDRED SEVENTY EIGHT THOUSAND THREE HUNDRED FIFTY FIVE AND 00/100 Dollars Should you need additional information of the project, or have any questions please do not hesitate to contact me AT (305) 944-5151. Sincerely BEISWENGER, HOCH AND ASSOCIATES INC. l / j -ffl- ~ ~ ; ~ .' .~. -- :-:- Victor H. Guevara Project Manager CC: Robert Deuser Beiswenger, Hoch and Associates, Inc. Beiswenger, Hoch and Associates CONSULTING ENGINEERS, ARCHITECTS AND PLANNERS March 5, 2008 Ms. Priscilla Walker, CMC Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Third Amendment to Central Island Drainage Consultant Agreement Dear Ms. Walker: Please find enclosed two (2) signed originals of the Third Amendment for the above referenced project. Once fully-executed, please furnish one (1) copy for our files. Sincerely yours, BEISWENGER, HOCH AND ASSOCIATES, INe. ?u~ Robert B. Deuser Vice President RBDlbla Enclosures 510 Shotgun Road, Suite 400, Sunrise, FL 33326 . (954) 334-9000 . Miami-Dade (305) 944-5151 . Fax (954) 334-2800 . www.bhaengineers.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 Ottinot City Attorney Jane A. Hines City Clerk March 7, 2008 Victor Hugo Guevara Beiswenger Hoch & Associates, Inc. 1190 N.E. 163rd Street North Miami Beach, FL 33162 Re: Third Amendment to Central Island Drainage Consultant Project Dear Mr. Guevara: At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1220, which approved the Third Amendment to the Central Island Drainage Consultant Agreement. Enclosed are an original agreement and a copy of the approving resolution for your files. Thank you. ~ulY yours, ~JXk~ Priscilla Walker, CMC Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Anice Paul, Administrative Assistant to Finance Department BH&A - Central Island 3rd Amendment Agrmt Exec Ltr