Loading...
HomeMy WebLinkAboutReso 2014-2294RESOLUTION NO. 2014- , t4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH CRAIG A. SMITH & ASSOCIATES, TO PROVIDE SURVEYING, ENGINEERING AND PERMITTING SERVICES FOR THE RECONSTRUCTION OF THE 174 STREET DRAINAGE IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND FOUR HUNDRED THIRTY -FOUR DOLLARS AND NINETY CENTS ($15,434.90), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 16, 2014 via Resolution No. 2014 -2178 the City Commission entered into an Agreement with Craig A. Smith & Associates, for Civil Engineering Services for Designing Services for the Reconstruction of the 174 Street Drainage Improvement Project, in an amount not to exceed One Hundred Thirty -Three Thousand Three Hundred Five Dollars and Fifty Cents ($133,305.50); and WHEREAS, the City is now in need of surveying, engineering and permitting services for this project, and wishes to amend the Scope of Services to include these services; and WHEREAS, Craig A. Smith & Associates expressed the ability and desire to provide these additional services and has submitted a proposal; and WHEREAS, the City Commission wishes to approve the First Amendment to the Agreement with Craig A. Smith & Associates, for surveying, engineering and permitting services for the Reconstruction of the 174 Street Drainage Improvement Project, in an amount not to exceed Fifteen Thousand Four Hundred Thirty -Four Dollars and Ninety Cents ($15,434.90) bringing the total amount not to exceed to One Hundred Forty -Eight Thousand Seven Hundred Forty Dollars and Forty Cents ($148,740.40), 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. Approval of First Amendment to Agreement. The City Commission hereby approves the First Amendment to the Agreement with Craig A. Smith & Associates, Inc., for surveying, engineering and permitting services for the Reconstruction of the 174 Street Drainage Improvement Project, in an amount not to exceed Fifteen Thousand Four Hundred Thirty -Four Dollars and Ninety Cents ($15,434.90), attached hereto as Exhibit "A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment to Agreement. R2014- Craig A Smith I st Amd to Agmt 174 St Civil Eng SrvsPage I of 2 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 18t1i day of September 2014. ATTEST: Jane A. Hines, MMC, City Clerk Approved As to Form and Moved by: Seconded by: Vote: S -() Mayor Edelcup ✓ (Yes) Vice Mayor Aelion V (Yes) Commissioner Gatto ✓ (Yes) Commissioner Levin (Yes) Commissioner Scholl (Yes) 82014- Craig A Smith l st Amd to Agmt 174 St Civil Eng SrvsPage 2 of 2 orman S. Edelcul , Mayor VICI-4- rr\DV (No) (No) (No) (No) (No) o' S„NH r irk f`. t FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CRAIG A. SMITH & ASSOCIATES '`•:;; ••' CONTRACT NO. C1314 -081 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and CRAIG A. SMITH & ASSOCIATES, executed this day of , 2014, is made a part of the original Agreement between the parties dated January 16, 2014, ("the Agreement"), between the City of Sunny Isles Beach ( "City") and Craig A. Smith & Associates ("Consultant") attached hereto as Attachment `B" whose Federal Identification # is 9. 2 01 0't-7 (,o . The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. The scope of services, as set forth in Section 2 of the Agreement, is hereby amended to include survey, engineering and permitting services ( "Additional Services"), as more particularly described in Attachment "A" attached hereto and made part hereof. 2. COSTS. The payments to the Consultant, as set forth in Section 4 of the Agreement, is hereby amended to include compensation for the Additional Services in an amount not to exceed Fifteen Thousand Four Hundred Thirty Four Dollars and Ninety Cents ($15,434.90). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated January 16, 2014, shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms and provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms and provisions contained in any other document or attachment, including but not limited to Attachments "A" and Attachment «B„ IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: Signature 1� Print Name ATTEST: B . C �� k— Jane A. Hines, MMC, City Clerk C G A. SMITH & ASSOCIATES BY. *ad �.� Sign CITY OF SUNNY ISLES BEACH B orman S.'Edelcup, Mayor APPROVED AS TV FORM AND LEGAL SU BY: Hans Exhibit "A" CRAIG A. SMITH & ASSOCIATES 7777 Glades Road - Suite 410 - Boca Raton, Florida 33434 CONSULTING ENGINEERS - SURVEYORS - UTILITY LOCATORS - GRANT SPECIALISTS August 27, 2014 Ms. Elka Linton - Dorsett Capital Projects Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: 174th Street Storm Water and Pavement Improvements CAS Project # 14 -1758 Dear Ms. Linton - Dorsett, W W W. C R A I G A S M I T H. C O M As you are aware, CAS is near completion of its design of the 174th Street project. During the design process we have made several revisions and adjustments to the plans per the City's request. Recently, while working our way through the permitting process, we were advised of another project which will likely conflict with the scope of the project we are designing and requires modifications to our design plans. At the request of the City we have continued and made the necessary adjustments in order to minimize the impact to the project schedule. Additional services which have been required include survey, engineering and permitting. The following is a summary description of the services and cost associated with the services: SURVEY Physically locate all above ground visible improvements to a minimum of 10 feet beyond the Right of Way of 174th Street within the overall scope limits of the project. This also included trees and landscaped areas, and additional vertical information in driveways, as well as underground utility locations and ground penetrating radar (GPR) points as field marked by CAS Utility Locates Department. Additional plan view elevations were shown as relative to North American Vertical Datum of 1988 (NAVD '88) at pertinent points for facilitation of Engineering Design. Control points both in the vertical and horizontal plane were re- checked and the information was provided to Calvin Giordano & Associates for assurance of congruency between projects in the design phase. The base map prepared for the original project was updated and provided to the Engineering Department as well as an updated Map of Specific Purpose Survey for submittal to entities of interest. Fee ATTACHMENT "A" $5,911.34 9 5 4. 7 8 2. 8 2 2 2 - - - - -- 5 6 1. 7 9 1. 9 2 8 0 P h o n e -- 5 6 1. 3 1 4. 4 4 4 5 -- 3 0 5. 4 6 1. 4 4 1 0 9 5 4. 7 8 6. 8 9 2 7 F a x 5 6 1. 7 9 1. 9 8 1 8 ENGINEERING DESIGN & PERMITTING Coordinate with Calvin Giordano on the overlapping of the Roadway and Storm Water improvements on North Bay Road with the proposed bridge. Redesign proposed Roadway and Storm Water improvements and perform associated CAD and permitting changes to accommodate the proposed bridge. Update quantities and cost estimate based on changes required. Fee $9,526.56 TOTAL FEE FOR ADDITIONAL SURVEY & DESIGN SERVICES $15,434.90 trust that we have provided you with the information you need and request that should you have any questions or need any additional information, please do not hesitate to contact me directly. cerelkC.S Stephe, P. E. Vice President Craig A. Smith & Associates Cc: Gene R. Schriner, P.E., CAS SUNNY S F r �� 1= CITY OF SUNNY ISLES BEACH AGREEMENT WITH CRAIG A. SMITH & ASSOCIATES s` /� CONTRACT NO. C1314 -014 THIS CONTRACTUA AGREI NIENT (hereinafter referred to as the "Agreement ") is made in duplicate, this —t(-"—day of 2014, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter Veferred to as "City "), and CRAIG A. SMITH & ASSOCIATES, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant ") whose Federal I.D. # is 5� 2.010 4'`1('0 RECITALS WHEREAS, the City is in need of a Consultant to provide survey, utility location, engineering design, geotechnical testing, permitting, construction cost estimates, contract documents and specificationsibidding services, all in connection with the 1741h Street Drainage Improvement Project ( "Services "), as more thoroughly described in the attached Attachment "A" which is attached hereto and incorporated herein by reference; and WHEREAS, the City previously issued and advertised Request for Qualifications ( "RFQ ") No. 11 -11 -02 for Civil Engineering Services and after staff review and consideration, Consultant was recommended for the award of RFQ No. 11- 11-02 as well as an agreement for professional services; and WHEREAS, Consultant has expressed the ability and desire to provide these Services subject to the terms and conditions contained in this Agreement. and WHEREAS, the City desires to contract with Consultant to provide the Services, as more fully described in Attachment "A" which is attached hereto and incorporated herein by reference, in a total amount not to exceed One Hundred Thirty -Three Thousand Three Hundred Five Dollars and Fifty Cents ($133,305.50). 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 agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Consultant fails to complete the Services pursuant to the terms of this contract and City must ATTACHMENT "B" C1314 -014 CRAG A. SMITH & A' City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of Services. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 16 and 17 entitled "Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement. 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 Thirty -Three Thousand Three Hundred Five Dollars and Fifty Cents ($133,305.50) for the performance of the stated Services. 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 fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoice, 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. 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. 2 C1314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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 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. 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 minimum 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: 0 Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars (S 1,000,000) per occurrence. D Professional Liability ( "Errors and Omissions ") insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 3 C1314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax ❑ 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 minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars (SI,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 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. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub- contractors 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. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 4 C1314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax (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. (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, rule` 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 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 from violating such provisions. 5 01314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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) (1) 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: 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 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Stephen C. Smith, P.E. Consultant: Vice President Craig A. Smith & Associates, Inc. 7777 Glade Road Suite 410 Boca Raton, Florida 33434 Tel: (954) 782 -8222 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. AliDIT. 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 I 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, 6 01314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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. 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 the City of Sunny Isles Beach Ordinance No. 99 -82, 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. 16. 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 Consultant'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 injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions 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. 17. 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. 18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including 7 01314 -014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax any attachments hereto. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any attachment attached hereto, or any document or events referred to herein, or otherwise incorporated by reference, 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 ", attached hereto. 19. 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 unenforceable 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. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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. [remainder of page intentionally left blank] C1314-014 CRAIG A. SMITH & ASSOCIATES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WI S: CRA&G A. SNUTfll& ASSOCIATES Signature BY: Stephen C. Smith, .E., President 4 Print [\Tame ATTEST: CITY OF SUNNY ISLES BEACH 13(;�. : k �LL� B Jane A. [lines, MMC, City Clerk ;Aj C1314 -014 CRAIG A. SMITH & ASSOCIATES APPROVED AS TO FORM n Ifl 9 4 CRAIG A. SMITH & ASSOCIATES 7777 Glades Road - Suite 410 - Boca Raton, Florida 33434 CONSULTING ENGINEERS - SURVEYORS - UnUTY LOCATORS - GRANT SPECIALISTS January 8, 2014 Ms. Helen Gray, P.E. City Engineer City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: 174th Street Storm Water and Pavement Improvements Dear Ms. Gray, W W W. C R A I G A S M I T H. C O M Per our meeting with Elka Linton - Dorsett and Bill Evans, the City has determined that they wish to perform a full reconstruction of 174th Street from Collins Avenue to North Bay Road and a complete milling and resurfacing from North Bay Road to the western terminus of 174th Street. The preference is also to extend the stormwater system to the west to tie into the North Bay Road outfall. In addition, the City would like to reconstruct sidewalk as needed to include ADA compliance, provide traffic calming devices, replace curb and gutter as needed, minimize median openings, add conduit sleeves to medians for future use, include a construction phasing plan to provide uninterrupted use of City Bus Shelters and landscape within the right of way and project limits. Due to the assumed subsurface conditions, a geotechnical evaluation will be required to determine the extent of the existing unsuitable material and establish a suitable roadway cross section to properly support the roadway infrastructure and its components. Depending on the outcome of the geotechnical testing, it may be necessary to provide a structural reinforcement to the base material in the form of geo- grid or alternative as well as possible structural support for drainage structures. The City has also requested that CAS prepare the necessary contract documents and specifications for the project, oversee the bid process and contract award for construction. Lastly, it is understood that in the future, the City would like CAS to perform adequate site inspection and engineering services during construction to provide final project certification. CAS is pleased to provide the required services needed to complete the described project. The limits of the project will be on 174th Street beginning at the east end at Collins Avenue (SR -A1A) to western limits of 174th Street. Also included will be necessary Survey of North Bay Drive from approximately 260 feet north of 174th Street to approximately 300 feet south of 174th Street. The total linear footage of the project is approximately 2,515 feet, just less than one half mile. 954 782.8222 S61.7 ATTACHMENT "A" 305.461.4410 9 5 4. 7 8 6. 8 9 2 7 7 9 1. 9 8 1 8 Services Required: SURVEY Physically locate all above ground visible improvements within the Right of Way of 174th Street from approximately 450 feet East of North Bay Road to its Westerly terminus (approximately 1,050 feet West of the centerline of North Bay Road). In addition, included will be the location of all above ground visible improvements within the Right of Way of North Bay Road from approximately 260 feet north of 174th Street to its Southerly terminus (approximately 300 feet south of 174th Street). Trees and landscaped areas will be located and shown. Plan view elevations will be shown as relative to North American Vertical Datum of 1988 (NAVD '88) at pertinent points for facilitation of Engineering Design. Utility locates will be shown as field marked by CAS Utility Locates Department and up to 20 soft digs located and also shown. The base map prepared will be updated and provided to the Engineering Department as well as a Map of Specific Purpose Survey for submittal to entities of interest. Fee UTILITY LOCATES $14,037.00 Coordinate with Sunshine State One -call Center Member Operators through Design Ticket request and Vacuum Soft Ticket Entry. Meet locators, identify existing known facilities, perform supplemental Electro Magnectics (EM) and Ground Penetrating Radar (GPR) locates to substantiate reported locations, coordinate with CAS survey for depiction on base map. Perform a maximum of 10 additional exploratory non- destructive vacuum excavations ($275 each) of potentially conflicting utility locations. Provide data indicating actual horizontal and vertical location of conflicting utilities and coordinate with CAS survey. Fee $5,150.00 ENGINEERING DESIGN Utilizing the Specific Purpose Survey, Utility Locates and records research information gathered, CAS will provide engineering design services necessary to prepare construction plans to include stormwater facilities and roadway reconstruction of 174th Street as requested and described above. Fee $75,000.00 GEOTECHNICAL TESTING Provide all labor, materials and equipment necessary to perform seventeen (17) Standard Penetration Tests to a depth of 40 feet in accordance with ASTM Standard Test Method D -1586. Fee PERMITTING $19,618.50 Prepare and submit permit applications for roadway and stormwater construction. Applications will include FDOT connection permit, City of Sunny Isles Beach permits, MDC stormwater permit and SFWMD permit. Respond to two RFI's per permit application. Fee $9,500.00 CONSTRUCTION COST ESTIMATES Prepare detailed construction cost estimate including pay items for each construction component, the quantity of each and a tabulation of the estimated unit prices for each. Fee $2,500.00 CONTRACT DOCUMENTS & SPECIFICATIONS /BIDDING SERVICES Preparation of contract documents and specifications required for the construction of the project. CAS will also assist during the advertisement and bidding process as directed by the City. Fee $7,500.00 TOTAL CURRENT FEE FOR DESIGN RELATED SERVICES $133.305.50 FUTURE SERVICES E 57 CONSTRUCTION OBSERVATION CAS will provide one qualified full time Senior Field Representative to perform construction observation services. These services will be provided for a construction duration of 6 months or additional months as needed. E 57A ENGINEERING SERVICES DURING CONSTRUCTION CAS will provide one qualified Engineer to perform Project Management Services for the duration of the construction. Duties will include review of inspection reports, contractor pay requests, project documentation, conflict resolution, client liason and final project certification. These services will be provided for a construction duration of 6 months or additional months as needed. I trust that we have provided all services you have requested. Additional services will be provided hourly based on our contracted rate schedule or negotiated prior to work being performed. Should you have any questions or need any additional information, please do not hesitate to contact me directly. We look forward to providing these services and look forward to hearing from you. ncerelykC.ith, Stephen P.E. Vice President Craig A. Smith & Associates Cc: Gene R. Schriner, P.E., CAS S " +p pr. alp o TO: VIA: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 9/18/2014 RE: Resolution Approving a First Amendment with Craig A. Smith & Associates for Additional Professional Services for the 174th St Streetscape Project RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: In January 2014, City Commission approved Resolution 2014 -2178 and the agreement with Craig A Smith & Associates for Professional Services for the 174th St Streetscape Project. The authorized scope of services included drainage improvements and roadway reconstruction along substantial portions of the existing roadway. During the course of the design, several revisions were required to the design plans to accommodate the future North Bay Road Emergency and Pedestrian Bridge. This contract amendment provides for these additional services as well as underground utility locations in excess of that specified in the original contract. Construction phase services will be determined at a later date. FUNDING SOURCE: The amount not to exceed $15,434.90 from Account No. 45.600.5691 ATTACHMENTS: • Resolution • First Amendment Agenda Item No. IOM Date 9/18/2014 319