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HomeMy WebLinkAboutReso 2011-1693 - -- RESOLUTION NO. 2011 -lkS.3- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC. (BH&A), TO PROVIDE POST DESIGN SERVICES FOR THE SUNNY ISLES BEACHINEWPORT FISHING PIER, IN A TOTAL AMOUNT NOT TO EXCEED FORTY-ONE THOUSAND DOLLARS ($41,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has long desired to reconstruct the historic Fishing Pier at Pier Park for the health, welfare, safety and enjoyment of our residents and tourists alike; and WHEREAS, on July 15, 2010 the City Commission, via Resolution No. 2010-1584, qualified and selected Beiswenger, Hoch & Associates along with three other firms, to provide on-call consulting services for various projects that may arise throughout the year; and WHEREAS, the City is now in need of certain consultant services to provide post design services for the Sunny Isles Beach Pier a/k1a Newport Fishing Pier located at 16701 Collins A venue; and WHEREAS, Beiswenger, Hoch and Associates has expressed their ability and desire to provide these services subject to the terms and conditions contained within the Agreement, and submitted a proposal to provide these services for the Sunny Isles Beach/Newport Pier Project; and WHEREAS, the City wishes to enter into an agreement with Beiswenger, Hoch and Associates to provide these services for the Sunny Isles Beach/Newport Fishing Pier, in a total amount not to exceed Forty-One Thousand Dollars ($41,000.00), 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. Ratifying the Consultant Agreement. The Agreement with Beiswenger, Hoch and Associates, Inc., to provide post design services for the Sunny Isles Beach/Newport Fishing Pier, in a total amount not to exceed Forty-One Thousand Dollars ($41,000.00), attached hereto as Exhibit "A", be and the same, is hereby ratified. Section 2. Authorization of Mayor. The Mayor IS hereby' authorized to execute said Agreement. R20] ] - BHA Agmt SIB Pier Page] of2 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. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of March 2011. ATTEST: V~ ~,~ ~:uJ Jane . mes,CMC, City Clerk Moved by: -1 \ Ul f{\~ilil\CZ~ Seconded by: ~ <;<J.\DU- Vote: '5-Q Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl -LL.. (Yes) t:::fY es) (Yes) ---r;/ (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) R20] ] - BHA Agmt SIB Pier Page 2 of2 CITY OF SUNNY ISLES BEACH AGREEMENT WITH BEISWENGER, HOCH AND ASSOCIATES, INC, CONTRACT NO. CI0II-031 TIDS AGREEMENT, entered into this _l1TCf: day of (v\;~W 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and BEISWENGER, HOCH AND ASSOCIATES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Consultant"), whose federal tax identification number is S". 01~l(ptO RECIT ALS WHEREAS, the Consultant was qualified and selected via City Commission Resolution 2010-1584 as one of four consulting firms for the purpose of providing on-call consulting services for various projects that may arise throughout this year; and WHEREAS, the City is in need of certain consultant services to provide post design services for the Sunny Isles Beach Pier aIkIa Newport Fishing Pier located at 16701 Collins Avenue, Sunny Isles Beach, Florida 33160, (the "Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Consultant has expressed the ability and desire to provide the Services subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the Consultant agrees to provide the Services to the City in a total amount not to exceed $41,000.00 (Forty-One Thousand Dollars). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECIT ALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SCOPE OF SERVICES; STANDARD OF CARE; WARRANTY. Consultant shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. The Consultant shall perform and carry out in a professional manner all Services required to be performed under this Agreement. The standard of care applicable to Consultant's Services shall be the degree of skill and diligence normally employed by professional engineers or consultants performing similar services at the same time, in the same locale, and under similar circumstances. The Consultant hereby represents to the City that it has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Services, the Consultant shall supervise and direct the Services, using its skill and attention and shall enforce strict discipline and good order among its employees and agents. CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT .., Page I of7 ) The Consultant shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on performance of the Services. The Consultant shall pay all taxes, fees, license fees required by law, including but not limited to occupational fees and withholding taxes and assumes all costs incident to the Services, except as provided herein. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end upon the completion of the Services described in Attachment "A". 4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A". The 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. 5. INDEPENDENT CONTRACTOR RELATIONSIDP 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 transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. 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 coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations; Independent Contractors; Broad Form Property Damage; CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT Page 2 of7 " I , '.\ i J Broad Form Contractual Coverage applicable to this specific Agreement; and Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Professional liability insurance: The limits of such liability provided by such policy shall be no less than One Million Dollars ($1,000,000) combined single limit occurrence. (c) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (d) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles; Hired and non-owned vehicles; and Employers' non-ownership. Such policies of insurance shall not diminish Consultants indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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) calendar days prior written notice to the City Manager or his designee. 7. 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. CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT Page 3 of7 , .J 8. DUTY TO DEFEND. INDEMNIFY AND HOLD HARMLESS. Consultant agrees to defend, indemnify and hold harmless, the City, its officers, agents, 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 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 under this Agreement and to that extent the .Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. Termination for Cause. 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 (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. If the damages are more than the compensation payable to Consultant, then the Consultant will remain liable after termination and the City may pursue said damages in accordance with this Agreement and applicable law. B. Termination for Convenience. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) above shall be applicable hereunder. 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. CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT Page 4 of7 J 10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with 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. 11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. 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. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party 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. 14. 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 in a court of equity for violating such provisions. 15. 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: CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT J Page 5 of7 If to the City: Jorge Vera With a copy to: Acting City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Consultant: C. Thomas Maki , PE, Project Principal Beiswenger, Hoch &Assoc, Inc. 510 Shotgun Road, Suite 400 Sunrise, Florida 33326 Tel: (305) 944-5151 16. GOVERNING LAW. This Agreement shall be governed by and construed III accordance with the laws of the State of Florida. 17. 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. 18. 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 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. 19. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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, direct 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 CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT Page 60f7 .-J agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. 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 any attachments hereto. 21. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. WITNESSES: re;;~ SI at e BEISWENGER, HOCH AND ASSOCIATES, IN C. '3,U1da {" fhtJ':JCJ.- Print Name BY: Signature & Title 7Ce&/~-r- Signature ~~ 1{ -r1Jl.;I':el1 Print Name CITY OF SUNNY ISLES BEACH BY: ~ xl /&~ Norman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY;.~,.,..... .~ ~t -1P,rz. Hans Ottinot, City Atto CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT .J Page 7 of7 .-----\\ :' )) )) BHAENGINEERS ARCH ITECTS PLANNERS WWW.BHAENG.US I TYPSA GROUP I WWW.TYPSA.ES February 15, 2011 Mr. Giovanni Batista, P.E. Engineering and Public Works Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: PROPOSAL FOR POST DESIGN SERVICES NEWPORT FISHING PIER REPLACEMENT Dear Mr. Batista: BHA Engineering, Inc. presents this letter of proposal to furnish Post Design Services for the referenced project as described herein. 1. PROJECT Provide Post Design Services for the demolition and reconstruction of the Newport Fishing Pier. The Newport Fishing Pier is located at Sunny Isles Boulevard and Collins Avenue and is accessible through Pier Park. 2. SCOPE OF SERVICES A) Shop Drawing Review . BHA will review shop drawings for all components supplied by the Contractor as required by the contract documents. BHA's review of shop drawings and submittals shall include stamped, signed, and returned documents. . All Shop Drawings of the fishing pier shall be in accordance with the provisions stated in the project plans. . All Shop Drawings of the restaurant shall comply with the requirements as stated in the project plans. Shop Drawings shall contain all information shown on the structural plans inctuding all design loads. . All Shop Drawings submitted by the Contractor will be reviewed on an hourly cost basis. \ '\ ATTACHMENT "A" ,", ., ~ j \ .J 510 Shotgun Road, Suite 400, Sunrise, Rorida 33326 . (954) 334-9000 . Miaml-Dade (305) 944-5151 . Fax ~2800 )J )) B) Request For Information (RFt"S) . BHA will review all contractor RFI's for feasibility, construction practices, and adherence to the contract plans. BHA will submit the results of its RFI analysis to the City for further discussion and disposition. . . All RFI's submitted. by the Contractor will be reviewed on an agreed upon hourly cost basis. COMPENSATION FOR PROFESSIONAL SERVICES The above listed work will be charged at an hourly rate of $120,OO.which includes Other Direct Costs. The estimated cost not to exceed without authorization is $41,000.00. Should you have any questions, please feel free to contact me. Sincerely, BEISWENGER, HOCH AND ASSOCIATES, INC. i( ie . A'P.IIiB (,l1!1,1 :rIlMe 0;: 'fJVOi'-l~ ~S=-/6-11 c ~~ 2/24/'1.011 C. Thomas MaIO, PE, Project Principal Phone: (954) 334-2752, tom.maki@bha[.lI~illCt:I~.WI'" bhll en,j. t/~ " Beiswenger, Hoch and Associates, Inc. Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Gio Batista, Public Works Director DATE: 3/17/2011 RE: Ratification of Professional Services Agreement with BHA for the construction of the Newport Pier RECOMMENDATION: Commission ratify the agreement between Beiswenger, Hoch and Associates Inc. and the City for post design professional consulting services related to the construction of the Newport Pier and Restaurant. REASONS: As the designer of record, Beiswenger, Hoch and Associates Inc. has been hired, in a total amount not to exceed $41,000.00, to provide post design services necessary to ensure that the contractor of record recieves the necessary design implentation approvals during the construction of the pier and restaurant. Post design services include, but are not limited to, design engineer's review and reply to design questions submitted by the contractor, review and approval of construction materials and product submittals, and review and approvals of shop drawings. ADDITIONAL INFORMATION: Beiswenger, Hoch and Associates Inc. is an approved vendor included in the City's consultants rotation list approved through Resolution No. 2010-1584. ATTACHMENTS: . Resolution . Agreement http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=463&MeetingID=O&MeetingDate... 3/11/2011