HomeMy WebLinkAboutReso 2009-1460
RESOLUTION NO. 2009 - I ~ ~ 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL
OF AN AGREEMENT WITH T ALLY ENGINEERING, INC., FOR
THRESHOLD INSPECTION SERVICES FOR THE HERITAGE
PARK PARKING GARAGE, IN THE AMOUNT NOT TO EXCEED
ONE HUNDRED FIFTY-TWO THOUSAND FOUR HUNDRED
DOLLARS ($152,400.00) ATTACHED HERETO AS EXHIBIT "A",
BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN
THE BID RESPONSE TO RFQ NO. 09-05-01, ATTACHED HERETO
AS A TT ACHMENT "A"; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
(
WHEREAS, the City of Sunny Isles Beach issued Request for Qualifications No. 09-05-01
for Threshold Inspection Services for the Heritage Park Parking Garage; and
WHEREAS, the City received sixteen (16) responses to said RFQ, which were reviewed by
the City Manager and his staff; and
WHEREAS, Tally Engineering, Inc., is being recommended by the City Manager as the most
qualified and responsive contractor; and
WHEREAS, the City wishes to enter into an agreement with Tally Engineering, Inc., in the
amount not to exceed One Hundred Fifty-Two Thousand Four Hundred Dollars ($152,400.00),
attached hereto as Exhibit "A"; and
WHEREAS, the City Commission wishes to ratify the approval ofthe Agreement with Tally
Engineering, Inc. for the provision of said services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Ratification of Approval of Agreement. The approval of the Agreement with Tally
Engineering, Inc., for Threshold Inspection Services for the Heritage Park Parking Garage, in the
amount not to exceed $152,400.00, based on the pricing, terms, and conditions listed in the bid
response to RFQ No. 09-05-01, is hereby ratified.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2009- Heritage Pk Pkg Garage Threshold Insp Srvs Tally RatifY Agrmt (RFQ 09-05-0 I) Page I of2
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day of September 2009.
\ ,
ATTEST:
:~l~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND UFFICIENCY:
Vote: 6-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
v (Yes)
~Yes)
viYes)
~Yes)
(Yes)
Moved by: CO~ :;:"\-\DLL
Seconded by: Y\CA. vy\~.y ~~~
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- Heritage Pk Pkg Garage Threshold Insp Srvs Tally RatifY Agrmt (RFQ 09-05-0 I) Page 2 of 2
CITY OF SUNNY ISLES BEACH
THRESHOLD INSPECTION SERVICES
AGREEMENT WITH CONSULTANT
CONTRACT NO. C0809-059
THIS CONSULTANT AGREEMENT made and entered into this IO(~day of
~e;ffe-tV16e"'t'... 2009, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to
"City") and TALLY ENGINEERING, INC., a Florida corporation, authorized to do
business in the State of Florida, (hereinafter referred to as "Consultant").
WHEREAS, the City wishes to employ Consultant to provide professional
engineering Threshold Inspection Services for the City's Heritage Park Parking Garage,
located within an approximately 3.82 acre facility bounded by Collins Avenue on the
'east, Lehman Causeway on the south, Gallahad-Dade Road (193rd) on the north, and the
Ocean View residential development on the west; and
WHEREAS, Consultant has expressed the ability and desire to provide theses
Services, subject to the terms and conditions contained herein, and has submitted a
proposed fee schedule to the City as more fully described in Attachment "A", which is
attached hereto and made a part hereof; and
WHEREAS, the Consultant is a certified and insured company with the
necessary experience to provide the desired Services; and
WHEREAS, the City desires to enter into an Agreement with Consultant to
provide the Services in a total amount not to exceed One Hundred Fifty-Two Thousand
Four Hundred Dollars ($152,400.00).
NOW THEREFORE, in consideration of the premises and the mutual covenants
herein named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Consultant shall perform the required
Threshold Inspection Services at the City's Heritage Park Parking Garage located in the
City of Sunny Isles Beach, Florida, in compliance with the terms and conditions of this
Agreement.
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGINEERS AGREEMENT
a. Consultant agrees to furnish all labor and materials in a good and workmanlike
and professional manner, to perform the work designated in Attachment "A"
attached hereto, which is incorporated herein by reference.
b. The services described in Attachment "A" shall be performed by Consultant to the
full satisfaction of the City. Consultant agrees to immediately inform the City via
telephone and in writing of any problems that could cause damage to Property and
persons at the Property.
c. Consultant will require its employees to perform their work in a manner befitting
the type and scope of work to be performed. In the event that the Consultant fails
to complete performance pursuant to the terms of this contract and City must
undertake the completion of performance of services, Consultant agrees to
indemnify the City for all costs incurred with respect to the completion of those
services and any damages the City may suffer as a result of the failure of
performance by Consultant.
3. ADDITIONAL SERVICES. If the need for additional work or changes under
this Agreement is identified by Consultant during the course of performing its obligations
hereunder, Consultant shall set forth such additional work and the cost thereof in a
supplemental work order (a "Supplemental Work Order") and submit such Supplemental
Work Order for approval by the City. No such additional work shall be done or paid for
without the specific prior written approval of the City.
4. TERM. This Agreement shall be for a term of one (1) year. The term of this
Agreement shall begin upon execution of this Agreement and shall end one (1) year
thereafter unless terminated sooner pursuant to paragraph 11 of this Agreement. Services
shall commence upon execution by both parties and the issuance of a Notice to Proceed.
Any change in fee, terms, or conditions shall be accomplished by written amendment to
this Agreement and approval by the City.
5. COMPENSATION. Payment to Consultant for all charges and tasks under this
Agreement shall be in an amount not to exceed One Hundred Fifty-Two Thousand Four
Hundred Dollars ($152,400.00) in accordance with this Agreement and the schedule of
charges reflected in Exhibit "A". This fee to the Consultant shall be disbursed on a
monthly basis accompanied by itemized invoices and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received for services rendered in conformity
with the Agreement 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.
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
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.
6. 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 re-bid the project if the Consultant fails to perform under this
Agreement due to the undisclosed conditions.
7. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an
independent Consultant and shall be treated as such for all purposes. Nothing contained
in this agreement or any action of the parties shall be construed to constitute or to render
the Consultant an employee, partner, agent, shareholder, officer or in any other capacity
other than as an independent Consultant other than those obligations which have been or
shall have been undertaken by the City. Consultant shall be responsible for any and all of
its own expenses in performing its duties as contemplated under this agreement. The
City shall not be responsible 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.
8. INSURAN CEo 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,
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as
indicated below:
o Comprehensive General liability insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
aggregate.
o Professional Liability/Errors and Omissions Insurance applying to all
professional activities performed under this Agreement with minimum
limits of not less than One Million Dollars ($1,000,000) per occurrence.
o Worker's Compensation, as required by law, but with no less than
$1,000,000 for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000,000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
o Umbrella/Excess Liability coverage in addition to the foregoing limits that
when combined with the foregoing limits provide total coverage of at least
Five Million Dollars ($5,000,000).
Insurance required of the Consultant shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Consultant's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do
business under the laws of the State of Florida and acceptable to the City with a minimum
A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City
certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional
insured. All policies shall contain a waiver of subrogation endorsement. All policies
and certificates shall be in forms and issued by insurance companies acceptable to the
City's Risk Management Department. All insurance policies and certificates of insurance
shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Consultant
hereunder.
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
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.
9. 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 oral and written information not in the public domain or not previously
known, and all information and data obtained, developed or supplied by the City, or at its
expense, will be kept confidential by the Consultant and will not be disclosed to any other
party, directly or indirectly, without the City's prior written consent, unless required by a
lawful order. All drawings, maps, sketches, programs, data base, reports and other data
developed or purchased under this Agreement for, or at the City's expense, shall be and
remain the City's property and may be reproduced and reused at the discretion of the
City.
The City and Consultant shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or
otherwise made in writing by any party pursuant hereto, including, but not limited to, any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
10. INDEMNIFICATION. Consultant agrees to indemnify, defend and hold
harmless, the City, its officers, agents, and employees from, and against any and all
claims, actions, liabilities, losses and expenses including, but not limited to, attorney's
fees for personal, economic or bodily injury, wrongful death, loss of or damage to
property, at law or in equity, which may arise or may be alleged to have risen from the
negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or
other personal entity acting under Consultant's control in connection with the
Consultant's performance of services pursuant to that agreement and to that extent the
Consultant shall pay such claims and losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses including
wrongful termination or allegations of discrimination or harassment, and shall pay all
costs and attorneys' fees expended by the City in defense of such claims and losses
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
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.
11. TERMINA TION.
a. Termination for Default. If, through any cause within the reasonable
control the Consultant shall fail to fulfill in a timely manner or otherwise
violate any of the covenants, agreements or stipulations material to this
agreement, the City shall have the right to terminate the services then
remaining to be performed. Prior to the exercise of its option to terminate
for cause, the City shall notify the Consultant of its violation of the
particular terms of the agreement and grant Consultant ten (10) days to cure
such default. If the default remains uncured after ten (10) days the City
may terminate this agreement.
1. In the event of termination, all finished and unfinished
documents, data and other work product prepared by
Consultant (and sub-Consultant(s]) shall be delivered to the
City and the City shall compensate the Consultant for all
services satisfactorily performed prior to the date of
termination, as provided in Paragraph 5 herein.
11. Notwithstanding the foregoing, the Consultant shall not be
relieved of liability to the City for damages sustained by it by
virtue of a breach of the agreement by Consultant and the City
may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the exact amount of
damages due the City from the Consultant is determined.
111. After receipt of a Termination Notice and except as otherwise
directed by the City, the Consultant shall:
1. Stop work on the date and to the extent
specified;
2. Terminate and settle all orders and
subcontracts relating to the performance of
the terminated work;
3. Transfer all work in process, completed
work and other materials related to the
terminated work to the City; and
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
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
provided that the Consultant is given thirty (30) days notice.
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.
12. 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.
13. TIME OF COMPLETION. The services to be rendered by the Consultant shall
be commenced upon execution of this contract and shall be completed within one (1)
year. 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 or acts of God which
render the performance of the Consultant's duty impracticable.
14. 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.
15. 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 (1) if requested by the
City, provide an estimate for the increase or decrease in cost due to the contemplated
change, (2) notify the City of any estimated change in completion date, and (3) advise the
City in writing if the contemplated change shall affect the Consultant's ability to meet the
completion dates or schedules of this Agreement.
16. COORDINATION OF SERVICES. The City's representative/liaison during
the performance of this Agreement shall be Jorge Vera, Assistant City Manager whose
phone number is 305/792-1912. Consultant shall not respond to requests for services
under this Agreement unless the request is received directly from Jorge Vera, Assistant
City Manager, or his designated personnel. Any requests received from other City
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGINEERS AGREEMENT
departments/divisions shall be referred to Jorge Vera first for approval or if Jorge Vera is
unavailable, then to the City Manager, Rick Conner for approval prior to the
commencement of any work. Services performed without authorization by Jorge
Vera, Assistant City Manager, or the City Manager, Rick Conner, shall be
considered unauthorized and shall not be compensated/paid by the City.
17 . ARBITRATION. It is the intention of the parties that whenever possible, if a
dispute or controversy arises hereunder then such dispute or controversy shall be settled
by arbitration in accordance with the procedures, rules and regulations of the American
Arbitration Association. The decision rendered by the Arbitrator shall be final and
binding upon the parties and judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade
County, Florida. The non-prevailing party shall pay all costs of arbitration and attorneys'
fees incurred by the parties or, if neither party prevails on the whole, each party shall be
responsible for a portion of the costs of arbitration and their respective attorneys' fees as
may be determined by the court on confirmation.
18. CONFIDENTIAL INFORMATION. The Consultant shall not, either during
the term of this Agreement or any time for a period ofTen (10) years subsequent to that
date upon which the Consultant shall leave the employment of the City for any reason
whatsoever, disclose to any person or entity, other than in the discharge of the duties of
the Consultant under this Agreement, any information which the City designates in
writing as "confidentiaL" As a violation by the Consultant of the provisions of this
Section could cause irreparable injury to the City and there is no adequate remedy at law
for such violation, the City shall have the right, in addition to any other remedies
available to it at law or in equity, to enjoin the Consultant in a court of equity for
violating such provisions.
19. NOTICES. All notices and other communications required or permitted to be
given under this Agreement by either party to the other shall be in writing and shall be
sent (except as otherwise provided herein) (i) by certified or registered mail, first class
postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a
nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with
a copy simultaneously sent by certified or registered mail, first class postage prepaid,
return receipt requested or by overnight delivery by traditionally recognized courier
service), addressed to such party as follows:
If to the City: Rick Conner With a copy to:
City Manager Hans Ottinot,
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305)-792-1701 Sunny Isles Beach, Florida
33160
Tel: (305)-792-1702
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
If to the Consultant: Pirooz Borojerdi, P.E.
President of Tally Engineering, Inc.
1806 N. Flamingo Road, Suite 300
Pembroke Pines, Florida 33028
Tel: (954) 447-0324
Fax: (954) 447-0674
20. 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.
21. 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.
22. NON-DISCRIMINATION. The Consultant agrees to comply with all local and
state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing
and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of
1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive
Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, 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.
23. 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.
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGINEERS AGREEMENT
24. CONFLICTING PROVISIONS. The terms and conditions in this agreement
supersede any other conflicting provisions that are contained in any other document.
25. 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.
f The terms and conditions of this Agreement shall prevail over any contrary or
inconsistent terms in any other documents.
26. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any
failure to perform any of its obligations under this Agreement (except payment
obligations) due to unforeseen circumstances or causes beyond the party's reasonable
control, including without limitation, acts of God, riot, embargoes, acts of governmental
authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission
facilities ("Force Majeure").
27. ENTIRE AGREEMENT. This Agreement 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.
28. 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
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGINEERS AGREEMENT
, '
Agreement shall be valid or enforceable unless such waiver is in writing and signed by
the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have exe~ Agreement in
triplicate on the day and year first written above.
WITNESS:
TAf):yrNG'INc.
Pirooz Borojerdi, P.E.
cIfI.~/Ji~
Print Name: MCtlu'llj.VI (VL(!.J;f1tj1.
Print Name:
ATTEST:
CITY OF SUNNY ISLES BEACH
By~A~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LEG S FFICIENCY
t, City Attorney
C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
TALLY ENGINEERING, INC.
Consulting Engineers
July 31,2009
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
"REVISED"
July 31, 2009
Attention:
Rick Conner
City Manager
Subject:
RFQ-NO. 09-03-01
HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
Dear Mr. Conner:
Tally Engineering and Materials Testing, Inc. per your request is pleased to provide this scope of
work and price proposal for the following services:
A. Foundation Inspection
B. Construction Materials Testing
C. Threshold Inspection
D. Building Code compliance inspection
E. Special Inspector
F. Civil Inspection
G. Construction Manager
PROJECT GENERAL INFORMATION AND DESCRIPTION:
The site is an approximately 3.82 acre facility bounded by Collins Avenue on the east, Lehman
Causeway on the south, Gallahad-Dade Road (193') on the north, and the Ocean View residential
development on the west. The garage must accommodate at least five hundred (500) parking
spaces meeting minimlill1 City Codes and four (4) levels of parking (including the ground level).
Parking will be allowed on the top (open) level.
The driveway entrance will be from the service road commonly known as Gallahad Dade Boulevard.
The structure's foot- print is approximately one hundred and twenty-five (125) feet by two hundred
and sixty (260) feet. The foundation is supported by auger-cast piles with pile caps and grade beams.
The ground level is reinforced concrete two-way slab with reinforced concrete column. All the
elevated levels are reinforced concrete and post-tension slab. The roof level has a light steel structure
frame covering the elevator and stairwells. Duration of construction is three hundred and sixty (360)
days.
1806 N. Flamingo Road; Suite 300
Pembroke Pines. FL 33028
Phone.' (954) 447-0324 Fax: (954) 447-0674
3191 Coral Way; Suite 201
Miami. Florido 33145
Phone: (305) 443-0221: (305) 567-1495
A TTACHMENT "A"
HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
July 31. 2009
RFQ-NO 09-03-0 I
(Revision)
This proposal presents our qualifications to perform the required services, our understanding of
the proposed construction, the required scope of services, and an estimate of our costs. The
proposal is based on specification and drawings designed by Spillis Candela DMJM, dated May
20, 2009. Please keep in mind that in the absence of an approved CPM schedule by the
contractor, we have had to make a lot of assumptions in order to come up with the estimated
costs.
Should you have any questions regarding the infonnation presented herein, please feel free to call our
office.
Sincerely,
PW~ 13o-vojevav
TALLY ENGINEERING INC.
Pirooz Borojerdi, P.E.
President
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
July 31.2009
RFQ-NO 09-03-0 I
(Revision)
SCOPE OF SERVICES
A. FOUNDA TION INSPECTION
. Provide Engineering Technician at the job site to perform foundation inspections to
monitor the installation of the auger-cast piles;
. Pile location and plumpness;
. Ground surface elevation; Pile toe (bottom) depth/elevation;
. Pile length;
. Auger diameter;
. Details of the reinforcing steel (number, size, and grade of longitudinal bars, size and
spacing of transverse steel; outside diameter and length of cage);
. Flow cone efflux time and volume of grout placed, or slump and volume of concrete
placed;
. Theoretical volume of excavation (theoretical diameter = diameter of auger);
. Depth/Elevation to which reinforcing steel was placed;
. Date/Time of beginning of drilling; and completion of drilling;
. Date/Time grout was mixed, ready-mix grout truck arrived at project site, and copies
of all grout batch tickets used for pile construction;
. Date/Time of beginning of grout pumping, completion of grout pumping, and placement of
reinforcing steel.
. Weather conditions, including air temperature, at time of grout or concrete placement;
. Identification of all grout or concrete samples taken from the pile;
. Perform one compressive static load test. The testing will be in accordance with ASTM-
DI143 standard test loading method and under the direct supervision of licensed
Professional Geotechnical Engineer.
. Provide a written report by a professional Geotechnical Engineer licensed in the State of
Florida.
B. CONSTRUCTION MATERIALS TESTING
1. Concrete
. Engineering technicians at the job site to sample fresh concrete and auger-cast grout.
Monitor the air and mix temperature, perform a slump, and air content test, and cast
one set of five 6 by 12 inch cylinders per every 50 cubic yards of concrete.
. Cure, cap, compressive strength testing and reporting, per cylinder.
. Engineering technicians at the job site to pick-up cylinders cast on the previous day.
2. Unit Masonry
. Obtain field samples of mortar, prepare cubes or grout prisms and conduct laboratory
compressive strength tests.
. Obtain field samples ofCMU and conduct laboratory compressive strength tests.
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
July 31,2009
RFQ-NO, 09-03-01
(Revision)
C. THRESHOLD INSPECTION SERVICES
We understand that the inspection services will be per the Threshold Inspection Plan, which is
developed by the Engineer of the Record.
Threshold Inspection is required for the following items:
1. Concrete
. Check compliance of the shoring layout with shoring drawings;
. Check compliance of the formwork layout with contract drawings;
. Check that all debris has been removed before concrete placement.
2. Reinforcing Steel
. Verify grade, size, quantity and spacing of reinforcing bars for compliance with
contract documents;
. VerifY that reinforcing is adequately supported to resist displacement or shifting
during pour.
3. Post Tension Measurements and Observation
. VerifY that all tendons have been delivered and stored properly at the job site and are
not damaged prior to usage;
. Inspect placement, stressing, grouting and protection of post-tensioning tendons;
. VerifY that tendons are correctly positioned, supported, tied and wrapped;
. Record tendon elongations.
4. Miscellaneous Structures
. Retaining wall;
. Shear wall;
. Elevator shaft;
. Installation and post tension of ramps cable barriers;
. Exterior "V" system (the type to be selected by the contractor);
. Exterior Fiber-glass grating;
. Exterior wire rope vine training system.
Duties and Responsibilities of the Threshold Inspector
. The Threshold Inspector Agent shall observe the work assigned to verify that it
conforms to the approved design drawings and specifications;
. The Threshold inspector shall furnish inspection reports to the building official, and
to the engineer or architect of record. All discrepancies shall be brought to the
immediate attention of the contractor for correction; then, if uncorrected, the design
authority and the building official. All inspection reports shall reflect the date of the
drawing and if revised the date of revision.
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY. FLORIDA
July 31.2009
RFQ-NO 09-03-01
(Revision)
. Threshold inspector will monitor and review the as-built drawing on a weekly basis,
making sure that any deviation from the plan is marked and properly recorded;
. Threshold inspector will monitor an ensure that the contractor is following all the
approved revisions, shop drawings, and RFIs during the course of construction;
. Upon completion of the assigned work the engineer or architect shall complete and
sign the appropriate forms certifYing that to the best of his knowledge the work is in
conformance with the approved plans and specifications, and the applicable
workmanship provisions of the code. Failure to retain a testing agency to perform the
required services or a failure to submit signed and sealed reports indicates non-
compliance with the contract documents.
D. BUILDING CODE COMPLIANCE INSPECTION (optional)
Tally engineering has a qualified and licensed Building Inspector on staff that can provide
the following services:
. Stair railing;
. Doors and hardware;
. Roof membrane inspection, including flashing and counter flashing;
. Impact resistant laminated glazing system;
. Interior build-out inspection such as framing, drywall, ceiling, and
electrical/mechanical plumbing.
E. SPECIAL INSPECTOR (optional)
Tally engineering has a qualified and licensed Professional Building Inspector on staff that
can provide the following services:
. Sailboat structures;
. Cabana foundation, columns, roof framing, and roof structures;
. Concrete pavement;
. IPE decking, including structures;
. FOSSIL structures;
. Ramps and railings;
. Retaining walls;
. Playground equipment;
. Bus shuttle foundation, columns, roof framing, and roofing.
F. CIVIL INSPECTION SERVICES (optional)
. Perform laboratory Proctor tests in accordance with AASHTO T-180 (Modified
Proctor) on existing or proposed backfill and sub-grade materials;
. Perform laboratory Limerock Bearing Ratio test FM 5-5150n proposed subgrade
materials;
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
July 31, 2009
RFQ-NO 09-03-01
(Revision)
. Civil engineer to verify the placement of pipe, box culverts and all structures prior to
backfilling operation;
. Engineering technicians at the job site to perform in-place field density tests in
accordance with ASTM D-2922 (Nuclear Gauge Method);
. Record the deep well report and verify the length of the deep well;
. Inspe~t and approve all open infiltration;
. Inspect and approve asphalt placement;
. Inspect and approve all signings and pavement markings;
. Inspect and approve water and sewer connections;
. Upon completion of the assigned work the engineer shall complete and sign the
appropriate forms certifying that to the best of his knowledge the work is in
conformance with the approved plans and specifications, and the applicable
workmanship provisions of the code.
G. SCOPE OF WORK FOR CONSTRUCTION MANAGER (optional)
Responsibility of the onsite or of site construction manger:
. Meetings
o Arrange, schedule and Conduct the preconstruction meeting.
o Schedule and Conduct weekly meeting with the Prime and the subcontractors
and professionals if required or requested.
o Monitor the mandatory Weekly Safety meeting.
o Verify daily toolbox safety meetings by contractors
. Construction manager shall review emergency procedures for proper
compliance for jobsite emergencies, location of nearest hospital,
hurricane lock down, etc.
. Construction manager shall request all contractors to submit
documentation proving qualification and compliance for all
machinery operators.
. Monitor
o Review, log, monitor and track the Requests for Information (RFIs) to make
sure that all the RFIs are answered and I and items are closed.
o Review, log and monitor the shop drawings to make sure that all the shop
drawings are submitted to the professionals, approved and distributed to the
contractor in accordance to the contract.
o Review and monitor the as built drawings from begin construction to the
End.
o Make sure that at all times all the Safety issues are being followed and any
unsafe issues are resolved by the contractor.
o Construction manager is responsible to make sure that contractor is keeping
the project clean and safe at all times.
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY. FLORIDA
July 31. 20M
RFQ-NO, 09-03-01
(Revision)
. Contract
o Review and enforce the contract between the contractor and City of Sunny
Isle.
o Review any resolve any and all conflicts between professionals and the
contractor.
. Schedule
o Review and approve the CPM schedule.
o Monitor the monthly CPM up date.
o Provide monthly statues report to City manager and Building officials.
. Filing
o Keep the Filing up to date at all times.
. Financial
o Review and approve the contractor payment request by verifying the worked
performed by the contractor and review the package to make sure all the
release of the lines and supporting documents and included in the payment
request before this payment request is submitted to the City of Sunny Isle for
payment.
. Coordination
o Liaison between the Contractor and City and all the Utilities companies for
all the required Utilities connections.
o Coordinate all the required meeting between the City official and the
contractor.
. Inspections
o Be present at all the Inspections to make sure that all of the activities are
coordinated and that all the issues are resolved.
o Construction manger is to make sure all the inspections for all the trades are
scheduled and inspection log sheet is properly marinated and all the required
inspections are performed before any concrete is placed or walls are closed.
. As-Built Drawings
o Construction manager shall be responsible to collect all as built surveys from
the contractor(s) and submit to the various professionals for their use,
comments and certification of the project.
. Closeout Package
o Construction manger is responsible to collect the entire closeout package
from the contractor and submit all the warranties to the City of Sunny Isle at
the end of Project.
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
July 3/. 2009
RFQ-NO 09-03-0 I
(Revision)
We will provide field representatives to conduct field inspections. Our office personnel will prepare
and distribute by regular mail the inspection reports which will be signed and sealed by a State of
Florida Registered Professional Engineer. We will follow contractor safety procedures, participate
in all his safety and toolbox meetings.
PRICE PROPOSAL
A. FOUNDA TION INSPECTION
. Engineering technicians to perform foundation inspection.
135 hours at $45/hour......................................................................................... $ 6,075
. One static load test. ............................................................................................ $ 6,500
. Perform laboratory compressive strength test on ager-cast grout
(One set of six 2x2x2 cube cast once a day)
Estimate 15sets@$55/set ....................................................................................... $ 825
. Professional Engineer for reports/consultation.
10 hours at $70/hour .............................................................................................. $ 700
B. CONSTRUCTION MATERIALS TESTING
1. Concrete
. Sampling and compressive strength tests of hardened concrete and auger-cast
grout (one set every 50 cubic yards). Includes cure, cap and compressive
strength testing.
300 sets at $55/set ............................................................................................ $ 16,500
2. Unit Masonry
. Sample fresh grout for masonry filled cells (one set of three prisms
Every 50 cubic yards)
10 sets at $55/set .......................................................,........................................... $ 550
. Perform laboratory compressive strength test on masonry block
(One set of six blocks every 5,000 square feet of wall)
Estimate 5 sets @ $75/set ..................................................................................... $ 375
. Sample fresh mortar for masonry blocks (one set of three 3 by 6
Cylinders every 5,000 square feet of wall)
Estimate 5 sets @ $55/set ..................................................................................... $ 275
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
JlIly 31. 2009
RFQ-NO, 09-03-01
(Revision)
C. THRESHOLD INSPECTION SERVICES
. Threshold Representative to perform visual inspection of reinforcing steel and post-
tension placement.
Estimate 1900 hours @ $50/hour .................................................................... $ 95,000
. Secondary Threshold Representative (Engineering Technician) to assist in post-
tension elongation data collection, (In time when the primary threshold representative
is in conflict with another inspection activity)
Estimate 150 hours @ $40/hour ......................................................................... $ 6,000
. Threshold Engineer to perform visual weekly site inspection and issue Monthly
Summary Threshold Report
Estimate 200 hours @ $80/hour ....................................................................... $ 16,000
D. CIVIL INSPECTION SER VICES
. Engineering Technician to perform in-place field density tests
(Minimum of3 per trip)
Estimate 150 densities at $18/density ................................................................. $ 2,700
. Laboratory Proctor Test including sieve analysis
Estimate 5 test at $11 O/test ................................................................................... $ 550
. Laboratory Limerock Bearing Ratio test
Estimate 2 tests at $1 75/test ................................................................................. $ 350
E. ADDITIONAL CIVIL ENGINEERING SER VICES
All optional civil engineering services detailed in this proposal shall be provided at
$115.00 an hour, for a minimum of two (2) hours, including travel time.
F. BUILDING CODE
All optional building inspection services shall be provided at the rate of $65.00 an hour
for a minimum of three (3) hours, including travel time.
G. CONSURTUCION MANAGER SERVICES (OPTIONAL)
. Option I:
o On site construction manager and part time administrative services. Owner
shall provide office space, office furniture and all required equipment.
Estimated cost .................................................................................. $ 125,000
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HERITAGE PARK AND PARKING GARAGE
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY. FLORIDA
July 31. 2009
RFQ-NO, 09-03-0 I
(Revision)
. Option 2:
o Off site constructions manager and part time administrative services.
Construction manager will visit everyday as required, secretary filing will be
at our office.
Estimated cost ...................................................................................... $ 95,000
We estimate that these services are required for the duration of the project based on 360
days.
TOTAL ESTIMATED COST.. .............. ............................. ............................$ 152,400
Notes:
I. Overtime is defined as time over 8 hours per day, Saturday and Sunday, and both time and
unit pricing will be charged at standard rate x 1.10.
2. All hourly inspection time will be charged as portal to portal from our office.
3. Estimate does not include stand-by time, cancelled activities or re-testing cost.
4. Stand-by and cancelled activities time will be charged at the appropriate rate
The total cost of the inspection and construction monitoring services is dependent upon the
Contractor's actual schedule and is, therefore, beyond our control. Tally Engineering Inc. will
produce an invoice for the actual work performed each month based on the rates indicated above.
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