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,
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�' ; 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
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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
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ATTES : ;' CITY OF SU
BY: `:,a.L.211 LES BEACH
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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 _
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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 - ... . .. _. _ .
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City
of Sunny Isles Beach .
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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"
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• = 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"