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HomeMy WebLinkAboutReso 2022-3320ARESOLUTION NO. 2022 - �� v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN EXPENDITURE WITH CRAVEN THOMPSON & ASSOCIATES, INC. ("CTA"), IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), FOR THE PROVISION OF ADDITIONAL SERVICES RELATED TO THE SIDEWALK STUDY PERFORMED BY CTA PURSUANT TO A LETTER AGREEMENT, THEREBY BRINGING THE TOTAL COMPENSATION TO CTA TO AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00); AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LETTER AGREEMENT FOR THE ADDITIONAL SERVICES AND ADDITIONAL COMPENSATION, PROVIDED THE SAME IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 21St, 2021, via Resolution No. 2021-3160, the City Commission short listed six (6) civil engineering firms, in response to Request for Qualifications No. 20-07- 01 for Continuing Professional Services ("RFQ"), pursuant to the Consultants' Competitive Negotiation Act; and WHEREAS, the City requested general civil engineering services as one of several disciplines listed in the RFQ; and WHEREAS, Craven Thompson & Associates, Inc. ("Firm") was one of the six (6) firms short listed to provide general civil engineering services to the City, and on April 23, 2021, the City entered into a Continuing Services Agreement to provide said services on an as needed basis; and WHEREAS, the City was in need of an engineer to provide sidewalk safety studies for the sidewalk along Collins Avenue ("Services"); and WHEREAS, after careful review and consideration, the City Manager determined that based on relevant experience, qualification, and past performance, the Firm was uniquely positioned to provide the City with the desired Services; and WHEREAS, pursuant to the Continuing Services Agreement, on January 13, 2022 the City entered into a Letter Agreement with the Firm to perform the Services in an amount not to exceed Twenty -Five Thousand Dollars ($25,000.00); and WHEREAS, as a result of the Services and studies performed, the City requires additional services from the Firm; and WHEREAS, during the regular meeting of the City Commission of April 12, 2022, the City Commission unanimously approved a motion to authorize the additional expenditure with Craven Thompson & Associates, Inc. for the provision of additional services, as may be 82022 Authorizing expenditure with CTAAuthorizing Expenditure with CTA Page 1 of 2 memorialized in by an amendment to the Letter Agreement, in an amount not to exceed Seventy - Five Thousand Dollars ($75,000.00), thereby amending the total compensation to CTA in an amount not to exceed One Hundred Thousand Dollars ($100,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Expenditure and Approval of First Amendment to Letter Agreement. The City Commission hereby authorizes the City Manager to enter into a First Amendment to the Letter Agreement with Craven Thompson & Associates, Inc. for additional services, in an amount not to exceed Seventy -Five Thousand Dollars ($75,000.00), thereby bringing the total contract compensation in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), provided the same is approved by the City Attorney as to form and legal sufficiency. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said First Amendment to the Agreement and to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. ATTE PASSED AND ADOPTED this 12th day of April 2022. Befancur, SMC, City Clerk Dana Robin Goldman, Mayor APPROVED AS TO FORM AND L S FFICIENCY: \,- dward A. Dion, City Attorney Moved by: Ceamtt'stomec_ 40fieQM%econded by: �W&cSIOIVETZ- r Vote: Mayor Goldman Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (Yes) (No) —� (Yes) (No) (Yes) (No) (Yes) (No) -� (Yes) (No) 82022 Authorizing expenditure with CTAAuthorizing Expenditure with CTA Page 2 of 2 n4 NNY lPso` f v FIRST AMENDMENT TO THE LETTER AGREEDUNT I)ETWEEN THE CITY OF SUNNY ISLES BEACH AND CRAVEN THOMPSON & ASSOCIATES. INC. Ciif >i SUS ' This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and CRAVEN THOMPSON & ASSOCIATES, INC. ("Consultant"), executed this `Y4'�l day of ;" �§�� , 2022, is made a part of the original Letter Agreement ("Agreement") dated January 18, 2022, between the City and Consultant, a copy of which is attached hereto as Attachment "A". The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES. The Parties hereby agree to amend Section B "Scope of Services" of the Agreement to provide for additional services as more particularly set forth in Attachment `B" ("Additional Services"). 2. AMENDING COMPENSATION. The Parties hereby agree to amend Section E "Compensation" of the Agreement to provide compensation for Additional Services in an amount not to exceed Twenty -Five Thousand Dollars ($25,000.00), thereby bringing the total compensation under the Agreement, as amended, to Fifty Thousand Dollars ($50,000.00). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Letter Agreement between the parties dated January 18, 2022, shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First 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 Attachment "A", and `B IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: CRAVEN THOMPSON & ASSOCIATES, INC. ignaturer /^ BY: J nn �`T (/ UV I C(C I �� Signatur Print Name Patrick J. Gibney, P.E. Print Name, As its Vice President, Engineering ATTEST: CITY OF SUNNY ISLES BEACH I f� �1 .- . /) BY: BY: Mauric o Bet ncur Stan Morris, City Manager CMC City Clerk APPROVED AS TO FORM AND LEGA OF C C BY: �1_ Edward A. Dion, City Attorney Attachment "A" Original Letter Agreement LETTER AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And CRAVEN THOMPSON & ASSOCIATES, INC For SIDEWALK SAFETY STUDIES FOR SIDEWALK ALONG COLLINS AVENUE Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny Isles Beach ("City") and Craven Thompson & Associates, Inc ("Consultant") for Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred to as "Continuing Services Agreement") dated April 23, 2021, this Letter Agreement authorizes the Consultant to provide the services as set forth below. The City and the Consultant hereby agree as follows: A. INCORPORATION OF CONTINUING SERVICES AGREEMENT 1. All terms and conditions of the Continuing Services Agreement between the City and the Consultant, not specifically modified by this Letter Agreement shall remain in full force and effect and are incorporated into and made a part of this Letter Agreement by this reference as though set forth in full. B. SCOPE OF SERVICES: The Consultant shall provide those services particularly set forth in its proposal to the City attached hereto as EXHIBIT "1" and incorporated herein by reference ("Services"). C. TERM AND TERMINATION This Letter Agreement shall be effective on the date it is executed by the last party to execute it and shall be effective for a period of one (1) year from the date of execution. 2. This Letter Agreement may be terminated by either party upon seven (7) days' written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event of a termination for cause, the Consultant shall be entitled to receive compensation for any work completed pursuant to the Letter Agreement to the satisfaction of the City through the date of termination, less any amounts which the City reasonably deems necessary to withhold in order to correct any defects or deficiencies in the work performed by the Consultant. In no event shall the City pay for profit or overhead on work not performed. 3. This Letter Agreement may be terminated by the City without cause upon ten (10) days' written notice to the Consultant. In the event of such a termination without cause, the Consultant shall be compensated for all services completed pursuant. to this Letter Agreement to the satisfaction of the City up to and through the date of termination, together with Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 2.5 of EXHIBIT "17" of the Continuing Services Agreement and Section E of this Letter Agreement. 4. Under no circumstances shall the City make payment of profit or overhead for work that has not been performed. Additionally, the City shall not make payment for the following items: a. Anticipated profits or fees to be earned on completed portions of the work; b. Consequential damages; c. Costs incurred in respect to materials, equipment or services purchased or work done in excess of reasonable quantitative requirements of this Letter Agreement; d. Expenses of Consultant due to the failure of Consultant or its subconsultants to discontinue the work with reasonable promptness after notice of termination has been given to the Consultant; Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets; and f. Damage or loss caused by delay. D. SCHEDULE 1. Upon full execution of this Letter Agreement, the Consultant shall commence Services to the City, and shall continuously perform the Services to the City, without interruption, to ensure that the Services are completed to the full satisfaction of the City by contract expiration. The Consultant shall prioritize the work performed so that the studies pertinent to the crosswalk at Collins Avenue and 190th Street are performed within six (6) months of the full execution of this Letter Agreement. 2. No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Services from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the schedule set forth in Section D(1) of this Letter Agreement, as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. E. COMPENSATION 1. The City shall compensate the Consultant for an amount not to exceed $25,000.00 based on services rendered at the "Hourly Fee Schedule" rate set forth in the Consultant's proposal attached hereto as EXHIBIT "1" of this Letter Agreement. 2. Additional services which are outside the scope of this Agreement shall not be performed by Consultant without prior written authorization from City, at City's sole discretion. Additional services, when authorized, shall be effectuated through a written executed amendment to this Letter Agreement and shall be compensated at the "Hourly Fee Schedule" set forth in the Consultant's proposal attached hereto as EXHIBIT "1" of this Letter Agreement. 3. Reimbursable Expenses as defined in Section F shall be reimbursed to the Consultant by the City as provided in Section F(2) of this Letter Agreement. F. BILLING AND PAMENTS TO CONSULTANT 1. Billing by the Consultant shall be in accordance with the fee schedule in EXHIBIT "1" of this Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement. 2. REIMBURSABLE EXPENSES a. Reimbursable Expenses shall mean expenses incurred by the Consultant and Consultant's subconsultants in the interest of the Services. b. Reasonable expenses of. mileage reimbursement in accordance with Chapter 112, Florida Statutes; fees paid for securing approval of authorities having jurisdiction over the Project; actual cost of reproduction, postage and handling of drawings, specifications and other documents; renderings, models and mock-ups requested by the City; additional insurance coverage or limits, including professional liability insurance, requested by the City in excess of that required in the Request For Qualifications. The Consultant shall only be reimbursed for the direct cost of the item without additional mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable expense. G. KEY CONSULTANT PERSONNEL Patrick J. Gibney, P.E., Vice President Engineering H. SEVERABILITY If any term or provision of this Letter Agreement or its application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Letter Agreement or the application of such terms or provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Letter Agreement shall be deemed valid and enforceable to the extent permitted by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Letter Agreement on the respective dates under each signature: The City, signing by and through its City Manager, and by Craven Thompson & Associates, Inc., signing by and through the Vice President, Engineering, the duly authorized officer to execute same. CITY OF SUNNY ISLES BEACH, FLORIDA By: �* 144ft4l Stan Morris, City Manager 13 day of Jq At V41-1 , 2022. if CONSULTANT: By: r � Patri c J. Gib y, P.E. Vice President, Engineering day of ^ a9, , , 2022. 4 EXHIBIT "1" PROJECT SCOPE AND FEE SCHEDULE December 10, 2021 >CRR!9N 1HQ. PS:ON. &:;AS50:CIA�ES ;INC ;engineers; Plariners Surveyors . andki .pe Architects; 3563 NW 5P.Street Fort:Lauderdale, FL33309-6311 Phone: (9.54) 739-6400 Fax: (954)139-6409 Mr. Stan Morris, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: SAFER PEDESTRIAN SIDEWALK ALONG COLLINS AVENUE THROUGH SUNNY ISLES BEACH CTA PROPOSAL NO.2021-H07.423 Dear Mr. Morris: Craven Thompson & Associates is pleased to provide Civil and Traffic Engineering services for the Collins Avenue Sidewalk Safety Study in compliance with our Continuing Services Contract RFQ 20-07-01. Our specific scope will address the potential modifications to the cross walk in Collins Avenue at 190th Street is as follows: I. ENGINEERING SERVICES 1.1 Prepare a Sidewalk Safety Study (CTA Task No. 330701 CTA will prepare a safety study for the Collins Avenue Sidewalk improvements. All traffic related analysis, reports, studies, etc. will be provided by our subconsultant, Traf Tech Engineering, Inc. The Study shall include the following tasks: ■ Identify locations to expand sidewalk width beyond the FDOT ROW ■ Proposed potential enhanced overhead lighting ■ Investigate the use of flashing in and above pavement lighting, similar to Lehman causeway warning system ■ Investigate the installation of delineator posts along curb line ■ Coordinate with City and FDOT the ability to plan and install a program test.area (possibly along a City ROW not on Collins) ■ Review and recommend potential speed limit modifications ■ Identify potential traffic calming devices Hourly, Not -to -Exceed .................................... $25,000.00 Mr. Stan Morris CTA Proposal No. 2021-1-1107.423 December 10, 2021 Page 2 Hourly Fee Schedule Civil Engineering Services PrincipalEngineer..............................................................................................................................................$225/Hour SeniorSupervising Engineer...............................................................................................................................$200/Hour SeniorEngineer..................................................................................................................................................$150/Hour ProjectEngineer.................................................................................................................................................$130/Hour Engineering Senior CADD Technician.................................................................................................................$100/Hour Land Surveying & Mapping Services PrincipalSurveyor..............................................................................................................................................$180/Hour ProfessionalLand Surveyor................................................................................................................................$140/Hour ProjectSurveyor.................................................................................................................................................$125/Hour SurveyCADD / GIS Tech.......................................................................................................................................$95/Hour SurveyField Crew (1 -Man Crew)........................................................................................................................$100/Hour SurveyField Crew (2 -Man Crew)........................................................................................................................$140/Hour Survey Field Crew (3 -Man Crew)........................................................................................................................$170/Hour SurveyCrew with Laser Scan (3 -Man Crew).......................................................................................................$275/Hour Landscape Architecture and Planning Services Principal Landscape Architect / Principal Planner..............................................................................................$180/Hour, Senior Supervising Landscape Architect.............................................................................................................$165/Hour SeniorLandscape Architect................................................................................................................................$145/Hour AICP Planner ...................................... ........................ ...... .................................................................................... $140/Hour LandscapeArchitect ........................................ ................................................................................................... $130/Hour ProjectLandscape Designer............................................................................................................................... 120/Hour ProjectPlanner...................................................................................................................................................$120/Hour Construction Administration Services Directorof Construction Management.............................................................................................................$160/Hour ConstructionManager.......................................................................................................................................$150/Hour SeniorField Representative...............................................................................................................................$110/Hour FieldRepresentative . .......................................................................................................................................$95/Hour Miscellaneous Clerical.................................................................................................................................................................. $80/1 -lour Acceptance 9 This proposal and fee schedules are based on acceptance within thirty (30) days of the date of preparation. if not accepted by you within that time period, we reserve the right to re-evaluate the terms and conditions contained herein. The above will be subject to the terms and conditions as specified in the Contract Documents. If the proposed work and fees contained herein are agreeable with you, please provide a Purchase Order and a Notice to Proceed. Should you have any questions regarding the above, please do not hesitate to call. Sincerely, CRAVED THOMPSON &. ASSOCIATES, INC. cT K.i I'BNEY, P.E. �/i Pr ident, Engineering PJGAg CRKNEN •1HOMPSON & ASSOCINES INC.