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HomeMy WebLinkAboutReso 2020-3080 RESOLUTION NO. 2020 -,gC)E3c) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,RESCINDING THE SIXTH AMENDMENT,AND RATIFYING THE SEVENTH AND EIGHTH AMENDMENTS TO THE AGREEMENT WITH KCI TECHNOLOGIES, INC., F/K/A KEITH AND SCHNARS, P.A., FOR PROFESSIONAL SERVICES FOR THE FPL OVERHEAD TO UNDERGROUND CONVERSION PROJECT, IN AN AMOUNT NOT TO EXCEED SIX THOUSAND ONE HUNDRED DOLLARS ($6,100.00),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 of Sunny Isles Beach has undertaken and completed a significant portion of undergrounding the overhead utilities with four(4)areas still remaining:Collins Avenue, Sunny Isles Boulevard, Center Island, and the Golden Shores Neighborhood; and WHEREAS,the City advertised and issued Request for Proposals (RFP)No. 12-04-05 for Utility Undergrounding Consultant Services to outline the scope of services to coordinate efforts towards completing undergrounding of utilities within these four remaining areas; and WHEREAS, on February 21, 2013 via Resolution No. 2013-2027, the City Commission entered into an Agreement with Keith and Schnars, P.A. for Utility Undergrounding Consultant Services for Phase 1 for the Collins Avenue corridor only including assessment, data collection, refined cost estimates and schedules, and coordination with various utilities and service providers within the project limits,including the investigation of the existing system in an effort to determine what additional improvements may be appropriate to include in the overall undergrounding project, in an amount not to exceed$54,680.00; and WHEREAS,on June 20,2013 via Resolution No.2013-2072,the City Commission entered into a First Amendment to the Agreement with Keith and Schnars,P.A. for utility undergrounding consultant services for Phase II to include Project Design and Permitting to prepare plans, incorporate FP&L design, identify easement requirements, coordinating with FDOT proposed lighting plan, define and coordinate design requirements of all utility providers and obtain permit approvals,in an amount not to exceed$220,350.00,bringing the total contract amount not to exceed $275,030.00; and WHEREAS, on December 19, 2013 via Resolution No. 2013-2172, the City Commission entered into a Second Amendment to the Agreement with Keith and Schnars, P.A. for utility undergrounding consultant services for Phase II expanded project limits beyond the Collins Avenue corridor to include research of existing utilities, plans preparation, incorporating FP&L design, identifying required easements,defining and coordinating design requirements of utility providers,in an amount not to exceed$127,470.00,bringing the total contract amount not to exceed$402,500.00; and WHEREAS,on April 16,2015 via Resolution No.2015-2402,the City Commission entered into the Third Amendment to the Agreement with Keith and Schnars,P.A.to provide said services in connection with Amendment No. 03 and Amendment No. 04, in a total amount not to exceed $403,320.00,bringing the total contract amount not to exceed $805,820.00; and R2020 KCI Technologies 6th 7th 8th Amd to Undrgrd Agmt Page 1 of 3 WHEREAS, on February 18, 2016 via Resolution No. 2016-2527, the City Commission entered into the Fourth Amendment to the Agreement with Keith and Schnars,P.A.for Amendment No. 7 that included the On-Collins Avenue and Off-Collins Avenue work which will be completed concurrently over a thirteen-month duration, in an amount not to exceed$298,700.00,bringing the total contract amount not to exceed to $1,104,520.00; and WHEREAS, on October 20, 2016 via Resolution No. 2016-2619, the City Commission entered into the Fifth Amendment to the Agreement with Keith and Schnars for Amendment No.09 to provide additional design services for undergounding and conversion of the utilities at a port of Collins Avenue (17275 Collins Avenue to 17555 Collins Avenue), in an amount not to exceed $12,750.00, bringing the total contract amount not to exceed to $1,117,270.00; and WHEREAS, on or about December 2017, Keith and Schnars submitted an invoice for additional services, in an amount not to exceed$173,990.00, and requested a Sixth Amendment to the Agreement;however, said Sixth Amendment was not executed and the additional services were never performed; and WHEREAS,on April 30th, 2019,the City Manager executed a Seventh Amendment to the Agreement with Keith and Schnars, assigning the Agreement and all Amendments to KCI Technologies, Inc., as a result of their acquisition of Keith and Schnars, P.A.; and WHEREAS,on May 20th,2020,the City Manager exercised his authority and executed an Eight Amendment to the Agreement with KCI Technologies, Inc. for roadway lighting foundation design services, in an amount not to exceed$6,100.00; and WHEREAS,the City Commission now wishes to rescind the Sixth Amendment,and ratify the Seventh and Eighth Amendments to the Agreement with KCI Technologies, Inc. for the FPL Overhead to Underground Conversion Project, in an amount not to exceed Six Thousand One Hundred Dollars ($6,100.00), bringing the total contract amount not to exceed One Million One Hundred Twenty-Three Thousand Three Hundred Seventy Dollars($1,123,370.00),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. Rescindment of Sixth Amendment. The City Commission hereby rescinds the Sixth amendment to the Agreement with KCI Technologies,Inc.,in the amount of One Hundred Seventy- Three Thousand Nine Hundred Ninety Dollars ($173,990.00). Section 2. Ratification of Seventh Amendment. The City Commission hereby ratifies the Assignment and Seventh Amendment to the Agreement with KCI Technologies, Inc. Section 3. Ratification of Eighth Amendment. The City Commission hereby ratifies the Eighth Amendment to the Agreement with KCI Technologies, Inc., in an amount not to exceed Six Thousand One Hundred Dollars($6,100.00),bringing the total contract amount not to exceed One Million One Hundred Twenty-Three Thousand Three Hundred Seventy Dollars ($1,123,370.00), attached hereto as Exhibit"A". Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2020 KCI Technologies 6th 7th 8th Amd to Undrgrd Agmt Page 2 of 3 Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th 46 ofJuly 2020. iJ1 '6eorge H. Scholl, Mayor ATTESTS (_--ty. Mauricio B ancur, CMC, City Clerk 4,-, APPROVED AS TO FORM AND LEG:1110/ SUFFICIENCY: 0 ward A. Dion, City Attorney Moved by• JC'e */_ SVL 6tVSeconded byalyi/, Gm(,e. 44/4- Vote: Mayor Scholl 1/ (Yes) (No) Vice Mayor Svechin V (Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Lama :/ (Yes) (No) Commissioner Viscarra t,/ (Yes) (No) R2020 KCI Technologies 6th 7th 8th Amd to Undrgrd Agmt Page 3 of 3 y"NNY I, /ro:i7.,:.;;1 SIN, �' ; EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KCI TECHNOLOGIES,INC. (Formerly KEITH& SCHNARS,P.A.) �•.,'�o FLD CONTRACT NO.2019-5232-007 This Eighth Amendment to the Agreement between the CITY OF SUNNY ISL BEACH ("City") and KCI TECHNOLOGIES, INC. ("Consultant") executed this G2,0A day of Gi , 2020, is made a part of the original Agreement dated February 21, 2013, Contract No. C5232-1617 (the "Agreement"), between the City and Consultant (Formerly Keith& Schnars, P.A.), whose Federal Identification#is 52-1604386.The City and Consultant hereby agree as follows: 1. SCOPE OF SERVICES. The scope of services, as set forth in Section 2 ("Services") of the Agreement,is hereby amended to include roadway lighting foundation design services,as more particularly described in Attachment"A", which is attached hereto and incorporated herein by reference ("Additional Services"). 2. ADDITIONAL COMPENSATION. By Resolution, the City Commission approved the Sixth Amendment to the Agreement,increasing the total contract amount to One Million Two Hundred Ninety- One Thousand Two Hundred Sixty Dollars ($1,291,260.00). Effective upon execution of this Eighth Amendment,the Parties wish to amend Section 4 of the original Agreement("Compensation")to include additional compensation for the Additional Services in an amount not to exceed Six Thousand One Hundred Dollars ($6,100.00) which amount includes a contingency of One Thousand Five Hundred Dollars ($1,500.00). This amount will bring the total contract amount not to exceed One Million Two Hundred Ninety-Seven Thousand Three Hundred Sixty Dollars($1,297,360.00). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israelis prohibited.Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($.1,000,000) or more shall be 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 287.135. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions,ofthe original Agreement between the parties,dated February 21,2013,shall remain in full force and effect. 5: CONFLICTING PROVISIONS. The terms, statements,requirements,or provisions contained in this Eighth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms,statements,requirements or provisions contained in any other document or attachment, including but not limited to Attachments"A"and"B". � � 1 2 IN WITNESS parties WHEREOF, the hereto have executed this document as of the date mentioned above. TAgee/ KCI T C OL CIES,INC. Signs' re / • t;t2 Y Old • Print Nje ATTES : ;' CITY OF SU BY: `:,a.L.211 LES BEACH ' � V BY: Mauri•o Betanc CMC,City Clerk _ - C (CS fe,t Quta eY�•�` city 1-(anaye( APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: .&di44.4—ak-(44". Edward A.Dion,City Attorney 1 _ I 1 - tisommemAtusim ISO 9001:2015 CERTIFIED 1 N C. I N E E R i P L A N N E R S • S C:I E N T 1 T i •' C S1 N_5 T R li C T I c,N.,1\L A N.A-( E R> . 6500 N.Andrews Avenue•Fort Lauderdale.FL 33309• Phone 954-776-1616 KCI - ... . .. _. _ . . z City of Sunny Isles Beach . •1 dwa Lighting Foundation Design =Roa v er rounding Consulting • i Utility Und q SCOPE OF SERVICES GENERAL OBJECTIVE The general objective is for the CONSULTANT to provide all design services necessary for the duration of construction.This includes: prepare plans revisions, respond to Requests for Information(RFI's), review shop drawings, conduct site visits,and attend all applicable meetings(progress, hand-off, pre- construction ,and final acceptance). LIGHTING FOUNDATION DESIGN SERVICES The CONSULTANT shall: 1. Evaluate 7 existing foundations(spread footing, precast bases, other types)to determine if the existing cobra head light poles can be replaced with new decorative light poles, using ASD/150mph wind speed criteria. 2. Design 5 new spread footings to support new decorative light poles on 5 new locations,using ASD/150mph wind speed criteria. - , . Fee for Foundation Design Services(Time and Expenses) $4,600.00 Contingency.Amount (Time and Expenses) $1,500.00 TOTAL FEE $6,100.00 Cons leant: /,, / ' City of Sunny Isles Beach C '• :yk, "V ate: 3-5-20 Date: C. Bryan Wilson,PE • :Practice Leader Transportation - Employee-Owned Since 1988 — - - RISE TO THE CHALLENGE \41\1\'.KGLf.OM Attachment "A" yVpNY• Ifs f • = CONTRACTOR ANTI-B®YC®TT CERTIFICATION °I [PURSUANT TO FLORIDA STATUTE.§287.135] _.14 ti I gyp - t.. nbehalf of 'KC,1 11 vui!LJItXOI Company Print Name Name nL 1 l �.. certifies that does not: Company Name 1. bo Participate in a colt of Israel; and P Y 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. %A* %i - 11?"C- E— Title l Date • Attachment "B"