HomeMy WebLinkAboutReso 2018-2847 RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RANKING THE
SUBMITTALS FOR MARINE AND COASTAL PROFESSIONAL
ENGINEERING CONSULTING SERVICES IN RESPONSE TO
REQUEST FOR QUALIFICATIONS ("RFQ") NO. 18-02-01 AND
AUTHORIZING THE CITY MANAGER TO BEGIN
NEGOTIATIONS WITH THE TOP RANKED FIRM IN
ACCORDANCE WITH STATE LAW; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND ENTER INTO AN
AGREEMENT WITH THE TOP RANKED FIRM, PROVIDED
SAID AGREEMENT IS FIRST APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE CITY ATTORNEY;
AUTHORIZING . THE CITY MANAGER AND THE CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is desirous of securing a firm to provide professional marine and
coastal consulting services to the City; and
WHEREAS, the City issued and advertised RFQ No. 18-02-01 for Marine and Coastal
Professional Engineering Consulting Services, for which four (4) responses were received; and
WHEREAS, after due consideration and evaluation, the City Manager recommends to
the City Commission the ranked firms to provide professional marine and coastal consulting
services to the City as follows:
1) APTIM Environmental & Infrastructure;
2) Moffat & Nichol; and,
3) Calvin, Giordano & Associates, Inc.; and
WHEREAS, the City Commission wishes to accept the recommendation of the City
Manager and to authorize the City Manager or his designee to negotiate an agreement with the
top ranked firm of APTIM Environmental & Infrastructure, and then with the next ranked firms,
should negotiations with APTIM Environmental & Infrastructure be unsuccessful; and
WHEREAS, the City is authorized to begin negotiating with the first ranked firm of
APTIM Environmental & Infrastructure, to provide professional marine and coastal consulting
services to the City, and if the City and APTIM Environmental & Infrastructure cannot reach an
agreement on a contract, the City reserves the right to terminate negotiations with APTIM
Environmental & Infrastructure and begin negotiating with the second ranked firm of Moffat &
Nichol, until a contract acceptable to the City has been executed and approved by the City
Commission. If the City is unable to reach an agreement with the second ranked firm of Moffat
& Nichol, the City reserves the right to undertake negotiations with the third ranked firm of
R2018 Award RFQ No 18-02-01 And Auth.CM To Negotiate Agmt Marine Coastal Svcs Page 1 of 3
Calvin, Giordano & Associates, Inc. until a contract acceptable to the City has been executed and
approved.
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. Authority to Begin Negotiations with the First Ranked Firm. The City
Commission hereby authorizes the City Manager or his designee to begin negotiations for
Request for Qualifications No. 18-02-01 Marine and Coastal Professional Engineering
Consulting Services, with the first ranked firm of APTIM Environmental & Infrastructure. If the
City and APTIM Environmental & Infrastructure cannot reach an agreement on a contract, the
City reserves the right to terminate negotiations with APTIM Environmental & Infrastructure
and begin negotiating with the second ranked firm of Moffat & Nichol, until a contract
acceptable to the City has been executed and approved by the City Commission. If the City is
unable to reach an agreement with the second ranked firm of Moffat & Nichol, the City reserves
the right to undertake negotiations with the third ranked firm of Calvin, Giordano & Associates,
Inc. until a contract acceptable to the City has been executed and approved.
Section 3. Authority to Enter into an Agreement. If negotiations are successful, the City
Manager or his designee are authorized to enter into an Agreement with the first ranked firm of
APTIM Environmental & Infrastructure, provided said Agreement is first approved as to form
and legal sufficiency by the City Attorney.
Section 4. Authorization of City Manager and City Attorney. The City Manager and the
City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th d, ' of J ,ly 2018.
4 , . George . Scholl, Mayor
,,ATT
1,/
Maurici. Beta ,
n Our, CMC, City Clerk
e--1/
R2018 Award RFQ No 18-02-01 And Auth.CM To Negotiate Agnit Marine Coastal Svcs Page 2 of 3
APPROVED AS TO FORM
AND LEGA 'FFICIENCY
Hans 4 ttinot, CityTAttorney
Moved by: V I "� o� C'OL0M,1-,.l
Second by: 0i&tgSrt it 1'2MTO
VOTE:
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion " (Yes) (No)
Commissioner Gatto V (Yes) (No)
Commissioner Svechin / (Yes) (No)
•
R2018 Award RFQ No 18-02-01 And Auth.CM To Negotiate Agmt Marine Coastal Svcs Page 3 of 3
Snnr i,,FJ
CITY OF SUNNY ISLES BEACH AGREEMENT
yF oa a,, AND APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
CONTRACT NO. 6885-114
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 13L!� day of Auqlu S , 2018, by and between the CITY OF SUNNY
ISLES BEACH, Florida, (hereinafter referred to as "City"), and APTIM ENVIRONMENTAL
& INFRASTRUCTURE, INC., a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Consultant') whose Federal I.D. # is 77-0589932.
RECITALS
WHEREAS, the City is in need of a Consultant to perform certain marine and coastal
professional engineering consulting services for the City ("Services'), as more specifically
described in the Request for Qualifications No. 18-02-01, which is incorporated herein by
reference; and
WHEREAS, Consultant has the ability and desire to provide these Services, subject to the
terms and conditions contained herein; 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 Thousand Dollars ($100,000.00) during the
initial two year term of this Agreement.
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 shall provide the Services as more particularly described in the
Request for Qualifications No. 18-02-01, which is incorporated herein by reference.
3. TERM. Subject to the provisions relating to the termination of this Agreement asset forth
in Section 8 hereunder, the term of this Agreement shall commence upon the execution of a Notice
to Proceed issued by the City Manager or designee. The initial term shall be for two (2) years with
an option to renew for three (3) additional one (1) year term.
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 One Hundred Thousand Dollars ($100,000.00) for all charges and tasks under this
Agreement. 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
is attached hereto and incorporated herein by reference. Payment to Consultant for all charges and
tasks under this Agreement shall be under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
b. Payment Schedule. Services will be completed based on task orders requested by
City Manager or designee. Task orders for services shall be issued on an as needed
basis in accordance with the Contractor's Fee Schedule as reflected in Attachment
"A". 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.
The City will pay properly submitted Consultant invoices within thirty (30) days of
receipt, for completed and accepted deliveries or specified services and/or goods,
unless the City notifies the Consultant in writing of the dispute, before the payment
is due.
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 other additional charges, if not properly included on this final
invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the contested
amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the
City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,
judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that
it has no obligation or indebtedness that would impair its ability to fulfill the terms of this
Agreement.
5. 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 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.
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
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 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:
❑ Worker's Compensation and employer's liability coverage, as required pursuant to
Florida law.
❑ Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for 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.
❑ Professional Liability Insurance including Errors and Omissions with limits of One
Million Dollars ($1,000,000.00) per occurrence.
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. 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.
TERMINATION.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant 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.
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
(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 payment 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.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(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.
9. 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.
10. CONFIDENTIAL INFORIMATION. 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:
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
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
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the
Thomas P. Pierro
CONSULTANT:
Director of Operations
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Tel: (561) 391-8102
Fax: (561) 391-9116
Email: Thomas.Pierro a tim.com
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida.
13. 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.
14. 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.
15. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Contractors must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "B". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 215.4725.
17. PROHIBITION AGAINT CONTINGENT FEES. Pursuant to Florida Statutes Section
287.055, the Consultant (architect, registered surveyor and mapper or professional engineer)
warrants that he or she has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant to solicit or secure this Agreement and that he or
'she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For
the breach or violation of this provision, the City shall have the right to terminate the agreement
without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
18. 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, 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.
19. 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 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 Contractor'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
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
injury to impairment, or destruction of tangible property including loss of use resulting therefrom,
to the extent caused by any negligent acts, errors, mistakes or oinissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred
Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set
forth in this Agreement. Notwithstanding anything to the contrary, under no circumstances will
Consultant be liable for any special, indirect, incidental, or consequential damages, including but
not limited to loss of use, loss of profits, loss of opportunity, etc. regardless of the underlying legal
theory, whether in contract, tort, equity, strict liability or the like, and further that any liability of
Consultant under this Agreement shall not exceed in the cumulative aggregate, the lesser of the
fee hereunder or One Million Dollars ($1,000,000).
20. 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.
21. 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 the Request for Qualifications No. 18-02-01 and Attachment "A".
22. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term'and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
7
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070
Collins Avenue, 411 Floor, Sunny Isles Beach, Florida 33160.
23. 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 un--nforceable 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. 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.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Agreement, the term, statement, requirement, or provision
contained in this Agreement 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 Attachment "A".
[Remainder of page intentionally left blank.]
8
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS:
Sign tune
SU2oo,� Gr EjrFCT,
Print Naive
ATTEST:
BY:
Mauricio Ae
BY:
Depart V
Head
APTIM ENVIRONMENTAL &
INFRASTRUCTURE, INC.
BY: 25M
Thomas P. Pierro, Director of Operations
CITY OF SUNNY ISLES BEACH
BY: �4
za
MC, City Clerk istopher J. Russo, City Manager
APPROVED AS TO FORM
AND LEGAL SU_FFICIENC
I:
114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
W/I
9
City of Skinny isle$ Beach
18070 CollinsAvenue
-
- §unnyislesl5pach, Florida 33160 .-
0.7-1(30 )947-0606 City Hall, - • ' •
:(305)949-3113 Fax - -
-- .;MEMORANDUM -
- •
: _ : - • -
TO: The Hi-_ihorable Mayor and City Commission-
VIA: - Christopher J...,RUSSO:City Manager . ,- •
FROMKathryn Matos'-Assistant to the City Manager for Special
: .
Projects --. -
DATE: 7/19/2018
. Ranking.Submittals:for,IVIarine,andCcastal PrOtessional„,
RE: Engineering Consulting Services in Response t0RFQ V V
No. 18=02701 and Authorizing the City Manager to Begin
'Negotiations with the Top,Ranked Firm •
This Resolution is recommended for approval.
REASONS:
City,staff,evaluated 4 submittals in response to RFQ 18702-01 Marine,. •
and Coastal Professional Engineering Consulting Services, and the
following 3 firms'Were'ranked:.(1)Aptirn Environmental,&;10f(aStructUre,.
hb..; (2.) MOffat& Nichol,.and.(3)-CalVih,.Giordano 4./k0ociate ,:l Inc
, ••• ,
• AII•3 firms Were highly qualified. If approved the:City Manager will begin
negotiations:r. If
negotiations are,Uhsuccessful, negotiations will be initiated down the list.
- _ •
until anadoeptable'agreementisTreached. V -
. _ - • .
, . •
• ATTACHMENTS::
Description
Item Number: 10.E.
68