HomeMy WebLinkAboutReso 2016-2639 •
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD
AMENDMENT TO THE AGREEMENT WITH HPF ASSOCIATES,
INC. TO PROVIDE PROFESSIONAL CONSULTING SERVICES,IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY
THOUSAND DOLLARS ($270,000.00), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on February 24,2015 the City entered into an Agreement with HPF Associates,
Inc. to provide Professional Consulting Services to advise, and otherwise overview projects during
planning,document preparation,procurement/award and construction phases and assist in soliciting
funding for selected projects, in an amount not to exceed Twenty-Five Thousand Dollars
($25,000.00); and
WHEREAS, on March 19, 2015 via Resolution No. 2015-2389, the City Commission
approved the First Amendment to the Agreement with HPF Associates,Inc. to provide Professional
Consulting Services to perform inspection services as it relates to status of work,adherence to plans
and specifications prepared by others, conformance to budget and reporting as may be requested,
along with securing the services of appropriate contractors to accomplish projects directed by the City
Manager or his designee,in an amount not to exceed One Hundred Thousand Dollars($100,000.00)
bringing the total contract amount not to exceed One Hundred Twenty-Five Thousand Dollars
($125,000.00); and
WHEREAS, on February 18, 2016 via Resolution No. 2016-2526 the City Commission
approved the Second Amendment to the Agreement with HPF Associates,Inc.to provide continued
General Consultant Services, in an amount not to exceed One Hundred Fifty Thousand Dollars
($150,000.00),and Specialized Consultant Services for the Collins Avenue Utility Undergrounding
Project, in an amount not to exceed One Hundred Twelve Thousand Five Hundred Eighty Dollars
($112,580.00) for a total amount not to exceed Two Hundred Sixty-Two Thousand Five Hundred
Eighty Dollars ($262,580.00), bringing the total contract amount not to exceed Three Hundred
Eighty-Seven Thousand Five Hundred Eighty Dollars ($387,580.00); and
WHEREAS, the City is in need of continued Executive Management/Capital Projects
Consulting Services and on-site project observation for the Collins Avenue Undergrounding Project
by HPF Associates, in an amount not to exceed Two Hundred Seventy Thousand Dollars
($270,000.00), in an amount not to exceed Thirty Thousand Dollars ($30,000.00) per month for a
period of up to nine (9) months upon execution of this Third Amendment; and
WHEREAS, the City Commission wishes to approve the Third Amendment to the
Agreement with HPF Associates,Inc.to provide Professional Consulting Services,in an amount not
to exceed Two Hundred Seventy Thousand Dollars($270,000.00)bringing the total contract amount
82016-HPF Assoc Consulting Srvs 3rd Amd to Agmt Page 1 of 2
not to exceed Six Hundred Fifty-Seven Thousand Five Hundred Eighty Dollars ($657,580.00),
attached hereto as Exhibit "A".
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 Agreement. The City Commission hereby
approves the Third Amendment to the Agreement with HPF Associates,Inc.to provide Professional
Consulting Services, in an amount not to exceed Two Hundred Seventy Thousand Dollars
($270,000.00), attached hereto as Exhibit"A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. The Resolution shall take effect i -•i. -ly upon adoption.
PASSED AND ADOPTED on this 15th day of Dece ger 2016.
George .. Scholl, Mayor
ATTEST:
: =SQ.ANs._)1\-
Jane A. Ales; MMC, City Clerk
APPR• ED AS TO FORM
ANP • .' U. FICIENCY:
41BI
H. r55r ot, Ci 'Attorney n
Moved by: ( esp/0
Seconded by: V,LQ I < < Y' 14-T T p
Vote: 6-0
Mayor Scholl r/ (Yes) (No)
Vice Mayor Gatto V (Yes) (No)
Commissioner Aelion V (Yes) (No)
Commissioner Goldman V/ (Yes) (No)
Commissioner Svechin V (Yes) (No)
R2016-HPF Assoc Consulting Srvs 3rd Amd to Agmt Page 2 of 2
5°N�Y'S`Es THIRD AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND HPF ASSOCIATES, INC.
AI
/ CONTRACT NO. C5946-1617-020
This Third Amendment to the Agreement between the CITY OFFSUNNY ISLES BEACH
("City") and HPF ASSOCIATES, INC., ("Consultant") executed this IS day of DEc w'BEQ— ,
2016, is attached hereto as Attachment"B" and made a part of the original Agreement("Agreement")
dated February 24, 2015, Contract No. C1415-032, between the City and Consultant, whose Federal
Identification # is `1'S' 1-51O3S0 . The City and Consultant hereby agree as follows:
1. COMPENSATION. The payment to Consultant, as set forth in Section 4 of the original
Agreement, is hereby amended to include additional compensation for continuing executive
management/capital projects consulting services and on-site project observation for the Collins Avenue
Undergrounding project, as more particularly described in Attachment "A", which is attached hereto
and incorporated herein by reference. The total contract amount, most recently increased via the
Second Amendment to the Agreement, approved by the City Commission via Resolution No. 2016-
• 2526, on February 18, 2016, for a total amount not to exceed Two Hundred Sixty Two Thousand Five
Hundred Eighty Dollars ($262,580.00), is hereby amended to include Additional Compensation for
this Third Amendment, in an amount not to exceed Two Hundred Seventy Thousand Dollars
($270,000.00), bringing the total contract amount not to exceed Six Hundred Fifty Seven Thousand
Five Hundred Eighty Dollars ($657,580.00). The compensation amount paid by City to Consultant
under this Third Amendment shall not exceed an amount of Thirty Thousand Dollars($30,000.00) per
month, for a period of up to nine (9) months upon execution of this Third Amendment.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated February 24, 2015, and
attached hereto as Attachment"B", and all Amendments thereto, shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this Third Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other document
or attachment, including but not limited to Attachments "A" and "B".
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Agreement between the City and Consultant as of the date mentioned above.
WITNESS: HPF ASSOCIATES, INC.
SignatureBYE_, 1//����f .�
:017 bbott, President
Print`Name
ATTEST CITY OF .UNNY ISLES BEACH
. s..l�.'n BY:
'•��,, !Jane A. Hin7M. , City Clerk George .'. Scholl, Mayor
�
Jam' L- ,4-13.24"
` ' APPR I 1 ED AS TO FORM AND
LEGAL SUFFI ENCY
BY4 /MI
//Y„. SI
ans !Finot, C#'y Attorney
1� F'"..`. Fey
f Y yr
TES
December 1, 2016
Mr. Christopher J. Russo
City Manager Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL
33160
RE: HPF -Capital Projects Consulting Services - Extended Services
Dear Mr. Russo;
Thank you for affording HPF Associates the opportunity to extend our involvement with
the continuing development of Sunny Isles Beach.
•
For the purposes of this contract amendment we offer the following:
1. Executive Management provided by Paul T. Abbott will continue as currently
provided in our existing contract. We estimate that the time required to administer •
our current assignments namely Collins/Atlantic Undergrounding, Bay Road
Emergency Access Bridge, and miscellaneous tasks assigned by yourself will remain
as provided, billed on a hourly basis at$150.00 per hour, anticipating 25-35 hours
per week.
2. On site project observation for the Collins Undergrounding project will be served by a
HPF associate who is well versed in project logistics, safety, schedule conformance
and maintenance of traffic. Duration of this assignment is anticipated to be an
additional (9) months for the balance of 2016 and continuing into 2017 requiring full
time participation in the execution of the project occurring during the nighttime hours
of 9:00 PM to 6:30 AM Sunday through Thursday. Once the Collins portion of this
assignment is complete staff will attend to the Atlantic corridor and street lighting,
occurring during normal daytime hours. The compensation for this work is on an
hourly basis at$50.00 per hour.
Based on the above projected hourly commitments we would suggest a contract
modification not to exceed $30,000 per month and as noted to be billed at the stated
hourly rates.
The terms of the present Agreement between SIB and HPF would remain in effect,
unchanged, by the inclusion of this extension.
We sincerely appreciate the opportunity to be of service to this community and look
forward to our continued involvement.
Please contact me with any questions or comments you have regarding the above.
Very rul yours •
I
!.�� �. Abbott
!! ent
• ssociates, Inc.
ATTACHMENT "A"
13400 Running Water Road Palm Beach Gardens, FL 33418 S
:;.F
s
.) AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND HPF ASSOCIATES, INC.
'' CONTRACT NO. C1415-032
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 241:t day of 17-u A44 , 2015, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referr d to as "City"), and HPF ASSOCIATES,
INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as
"Consultant") whose Federal I.D. # is 45- 2510350 .
RECITALS
WHEREAS, Consultant was selected by the City to provide consulting services to
advise, critic, and otherwise overview projects during planning, document preparation,
procurement/award and construction phases and also assist in soliciting funding for selected
projects; and
WHEREAS, the City is in need of a consultant to perform inspection services as it
relates to status of work, adherence to plans and specifications prepared by others, conformance
to budget and reporting as may be requested, along with securing the services of appropriate
contractors to accomplish projects directed by City Manager or his designee ("Services"); and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to contract with Consultant to provide the Services, as
more fully described in Attachment "A" which is attached hereto; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Twenty Five Thousand Dollars ($25,000.00) in
accordance with the attached fee proposal, attached hereto as Attachment "A".
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment
"A" attached hereto, and incorporated herein by reference.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to
Proceed from the City Manager or his designee and shall terminate upon the completion of
Services. Payment will be made only for work completed to the satisfaction of the City.
Consultant is to commence performance of work on the Commencement Date and continue in a
diligent manner until work is complete. Consultant acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of
C 1415-032 I-IPF ASSOCIATES, INC. S
ATTACHMENT "B"
•
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Sections 15 and 16 entitled "Indemnification and Waiver of Liability" and "Compliance with
Law"respectively, shall survive termination of this Agreement.
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an
amount not to exceed Twenty Five Thousand Dollars ($25,000.00) in accordance with the fee
proposal, for the performance of the stated Services. Payment to Consultant for all charges and
tasks under this Agreement shall be in accordance with this Agreement and the schedule of
charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under
the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract, except for such expenses approved by the City Manager.
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.
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. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor 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 contractor 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
2
C1415-032 HPF ASSOCIATES,INC. S I B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement. Notwithstanding this provision, the City will provide necessary office
space for meetings during the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other
parties shall be approved in writing by the City. If requested, Consultant shall deliver the
documents to the City within fifteen (15) calendar days.
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 or employees, as indicated below:
0 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.
❑ Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
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 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 Manager or his designee. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves
the right from time to time to change the insurance coverage and limits of liability required to be
maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
sub-Consultants providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST
BE APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. Termination for Convenience. Both parties may, for its convenience and without
3
C1415-032 HPF ASSOCIATES.INC. S I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
cause terminate the Services then remaining to be performed at any time by
giving either party thirty (30) days written notice
B. 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.
9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of
Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event
it becomes necessary for the City to file a lawsuit to enforce any term or provision under this
Agreement the prevailing party shall be entitled to its costs and attorney's fees at the pretrial,
trial and appellate levels.
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to
any person or entity, other than in the discharge of the duties of the Consultant under this
Agreement, any information which the City designates in writing as "confidential." As a
violation by the Consultant of the provisions of this Section could cause irreparable injury to the
City and there is no adequate remedy at law for such violation, the City shall have the right, in
addition to any other remedies available to it at law or in equity, to enjoin the Consultant from
violating such provisions.
11. 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: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue, 4th Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4th Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Paul T. Abbott, President
Consultant: HPF Associates, Inc.
13400 Running Water Road
Palm Beach Gardens, Florida 33418
Tel: (561) 630-8284
4
C 1415-032 MPF ASSOCIATES, INC. S
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
12. 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.
13. 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 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 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, marital/familial status, or status with regard to public assistance. The Consultant
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or 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.
14. 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 the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as
if fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of, delegate to the Congress of
the United States, any or part of this contract or to any benefit arising therefrom.
15. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives. officers, directors, officials and employees from and against all claims,
damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and
costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's
negligent acts, errors, mistakes or omissions relating to professional services in the performance
of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death;
or injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts,
`par- of,i ak es;re
es related to professional
5
C 1415-032 HPF ASSOCIATES,INC. S 1 B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
services in the performance of this Agreement including any person for whose acts, 4fFers, � �s
-mistakes the Consultant may be legally liable.
16. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Attachment "A".
18. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous
oral and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable
unless such waiver is in writing and signed by the party granting such waiver.
6
C1415-032 HPF ASSOCIATES. INC. S 1 B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESS: I/ HPF ASSO IATES, INC.
1/ /�
ice ~ re l �� BY: —114
Pa I ► • bott, President
ICU 1 L A.Ak,
Pri t Name ZUSCINI .
ATTEST: CITY OF SUNNY ISLES BEACH
• :Y: • 3
BY: Ail/ez-t3 •
Jane.A. Hi .es,MMC, Ity Clerk Christopher J. Russo, City Manager
APPROVED • S TO FORM
AND LEGA SUF
ICIENCY
q
BY: �.:/�I►
n •ttinot ty Attorney
7
CI415-032 HPF ASSOCIATES,INC. S
HPF A SSOC/A TES, INC
January 25, 2015
Mr. Christopher J. Russo
City Manager Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL
33160
RE: Capital Projects Consulting Services
Dear Mr. Manager;
Thank you for the courtesy extended to HPF Associates, Inc. by inviting us to assist the City
during the period of personnel transition. Our experience with other South Florida communities
with projects of similar complexity puts us in a unique position to provide the services required
during this interim period.
I have reviewed the memorandums prepared by Helen Gray and the Pending Agenda On-Going
Projects to be better familiarized with the priority of completion and to where our involvement
would be best suited.
First addressing MS Gray's writings, Newport Pier, and PCP Baseball Turf appear to be projects
we are well versed in and of high priority.
Referring to the PAOGP document, attached, Items, 2- 174th Street Drainage/Streetscape, 11 -
City Facilities Repair, 17-Collins Ave Utility Undergroundinq, 26-Collins Ave FDOT
Crosswalks, 31 -FPL Franchise Agreement(advisory only), 45-Samson Park Renovation,47-
Signage(advisory only), would be appropriate assignments keeping with the urgency and
priorities noted during our discussions. One area of concern mentioned during our briefing was
the Golden Shores residential area which does not appear on any of the documents reviewed,
this particular matter would be handled by an HPF associate minimizing the cost of a company
Principal.
I previously forwarded a copy of our present letter agreement with Indian Creek Village and can
provide copies of our formal contracts with Key Biscayne and Golden Beach, on which, our
services with SIB could be"piggy backed".
Our current contractual obligations would allow for us commit approximately twenty (20) hours
per week to SIB projects. We're note assuming that much time would be required on a consistent
basis, only identifying the available time which we could allot to the assignment.
As noted in the ICV letter we provide our services at an hourly rate, billable monthly. Items such
as travel outside the local area, document reproduction, courier service and similar expenses
would be billed in addition to the hourly rate at direct cost.
Again, thank you for affording HPF this opportunity, we feel as though we can become an asset
for SIB both on the short and long term.
Respectfully submitted,
Prila tt
Paul T. Abbott
President
'HPF Associates, Inc.
Cc: S. Morris, SIB
13400 Running Water Road Palm Beach Gardens, FL 33418 S I
HPF ASSOCIATES, INC.
Mr.Christopher Russo January 16,2015
City Manager
City Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach
Re: Owners Representative- Hourly Services Agreement
Dear Mr. Russo;
Thank you for allowing HPF Associates, Inc the opportunity to serve as the Owners Representative for
Sunny Isles Beach on an as needed basis.
We welcome the opportunity to provide consulting services to advise,critic,and otherwise overview
projects during planning,document preparation,procurement/award and construction phases and also assist
in soliciting funding for select projects.
Our participation is intended to be complementary to the design professionals selected by the City for their
respective disciplines and are not to be considered as professional design or engineering services. We will,
at your direction,provide appropriate inspection services as it relates to status of work,adherence to plans
and specifications prepared by others,conformance to budget and reporting as may be requested along with
securing the services of appropriate contractors to accomplish projects directed by staff or yourself.
The services of an Owners Representative are intended to be as an extension of City staff,with one and
only one goal,that being to protect the Owner's(City's)best interest in the timely and cost efficient
completion of an assignment. We bring a third party overview and level of inspection that cannot be
provided by the design team. HPF will focus on budget,timeliness,quality,safety and project logistics,
representing the City in requested meetings,preparing and presenting periodic reports of a project to the
City Council,inspecting the progress and quality of work and otherwise representing the City throughout
the duration of any given assignment.
All work efforts afforded by HPF will be based on the following hourly rates to be invoiced monthly.
Extensive travel,document duplication and delivery services will be invoiced at direct cost in addition to
the expended personnel hours. Keeping in mind the current fiscal challenges facing all governmental
entities we propose our rates as established in 2009 with Indian Creek Village and the Town of Golden
Beach as follows:
Hourly Rates— Principal$150/hour
Inspector $65/hour
Administration$35/hour
All hourly rates are subject to a 7.5%overhead and profit mark up,reimbursable expenses are billed at
direct cost.
Thank you again for the trust and respect you have afforded our firm.
Very truly yours,
A blyott
Pr
Paul T.Abbott
President Authorized Signature
HPF Associates, Inc.
Date
13400 Running Water Rd. Palm Beach Gardens, FL 33418 S I
_•'SL City of Sunny Isles Beach ( D
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A� g vi.7 18070 Collins Avenue
1 £ � Sunny Isles Beach, Florida 33160
4'e 5)• a0S0.31'S0.31's�tr (305)947-0606 City Hall I
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 12/15/2016
Third Amendment to the Agreement with HPF
RE' Associates, Inc.
RECOMMENDATION:
Staff is recommending the City Commission approve the attached
resolution.
REASONS:
Staff is recommending the City Commission approve this Third
Amendment to the Agreement with HPF Associates, Inc. with additional
spending authority for funds to continue providing Executive
Management Services to administer Consultant's various assignments
throughout the City including Collins Avenue/Atlantic Undergrounding
Project, and the North Bay Road Emergency Access Bridge and
various miscellaneous tasks assigned by the City Manager in an amount
not to exceed $270,000.00, bringing the total contract amount to
$657,580.00.
FUNDING SOURCE:
Potential funding has been appropriated in accounts: 001-5-5390-
431000-00000, 300-5-5390-465000-80004, 300-5-5390-465000-
83001, 300-5-5410-465000-84001,
ATTACHMENTS:
Description
Resolution
42