HomeMy WebLinkAboutReso 2024-3672RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIFTH AMENDMENT TO THE AGREEMENT WITH CRAIG
A. SMITH & ASSOCIATES CONSULTANTS FOR CIVIL ENGINEERING SERVICES FOR
THE CENTRAL ISLAND AREA PUMP STATIONS AND DRAINAGE IMPROVEMENTS
PROJECT, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED ONE THOUSAND
EIGHT HUNDRED DOLLARS AND NO CENTS ($301,800.00), ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 2151, 2021, via Resolution No. 2021-3160, the City Commission of
the City of Sunny Isles Beach ("City") 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, Craig A. Smith & Associates ("Firm") was one of the six (6) firms short listed
to provide design, surveying, permitting, and bidding services; and
WHEREAS, on May 20th, 2021, via Resolution No. 2021-3199, the City Commission
approved an Agreement with the Firm, in an amount not to exceed $443,865.00, to provide
engineering services related to the Central Island Area Pump Stations and Drainage
Improvement Project ("Services"); and
WHEREAS, pursuant to Section 6.1 of the original Agreement, on January 11t, 2022, the
City Manager exercised his authority and executed a First Amendment to the Agreement to
extend the original term for an additional 180 days; and
WHEREAS, on May 19th, 2023, via Resolution No. 2022-3329, the City Commission
approved a Second Amendment to the Agreement with the Firm providing an additional
extension of time of 731 days (i.e. 2 years), effective June 30, 2022; and
WHEREAS, on June 15, 2023, via Resolution No. 2023-3518, the City Commission
rejected all bids received for Invitation to Bid No. 23-03-01 for the construction of the Central
Island Area Pump Stations and Drainage Improvements ("ITB"), and authorized the City
Manager to revise and re -advertise the ITB ("Additional Services"); and
WHEREAS, on July 20, 2023, via Resolution No. 2023-3523, the City Commission
approved a Third Amendment to the Agreement with the Firm for the Additional Services, in an
amount not to exceed $5,750.00, bringing the total contract amount not to exceed $449,615.00;
and
@BCL@BCOA74DC.doc Page 1 of 3 207
WHEREAS, on March 21, 2024, via Resolution No. 2024-3637, the City Commission
approved a Fourth Amendment to the Agreement with the Firm to analyze alternate solutions
to reduce flooding prior to moving forward with the project's current design ("Analysis"); and
WHEREAS, City staff have determined that it is in the City's best interest to revise the
design to convert the existing gravity storm drainage wells to injection wells ("Revisions"); and
WHEREAS, the Firm has expressed their desire and ability to provide the Revisions and
has submitted a proposal to the City; and
WHEREAS, the City Commission now wishes to approve a Fifth Amendment to the
Agreement with the Firm to provide the Revisions, in an amount not to exceed Three Hundred
One Thousand Eight Hundred Dollars and No Cents ($301,800.00), attached hereto as Exhibit
"A", bringing the total contract amount not to exceed Seven Hundred Seventy -One Thousand
Four Hundred Fifteen Dollars and No Cents ($771,415.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fifth Amendment. The City Commission hereby approves the Fifth
Amendment to the Agreement with the Firm to provide the Revisions, in an amount not to
exceed Three Hundred One Thousand Eight Hundred Dollars and No Cents ($301,800.00),
attached hereto as Exhibit "A", bringing the total contract amount not to exceed Seven Hundred
Seventy -One Thousand Four Hundred Fifteen Dollars and No Cents ($771,415.00).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
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 20th d
Larisa Svechin, Mayor
@BCL@BCOA74DC.doc Page 2 of 3 208
ATTEST:
Mauricil Betancur,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Clerk ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Seconded by:
Moved by: dwss" . I
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Z(Yes)
7--��--(Yes)
(No)
(No)
(Yes)
(No)
('Yes)
(No)
(Yes)
(No)
@BCL@BCOA74DC.doc Page 3 of 3 209
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THIS FIFTH AMENDMENT TO THE AGREEMENT between the CITY OF
FIFTH AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND CRAIG A. SMITH & ASSOCIATES
SUNNY ISLES BEACH #".ity") and CRAIG A. SMITH & ASSOCIATES ("Consultant"),
executed this day of`J2024, is made a part of the original Project Agreement ("Agreement")
dated May 30, 2021, between the City and Consultant, as amended, a copy of which is attached hereto
as Attachment "A." The City and Consultant hereby agree as follows:
1. TERM. In accordance with Section 6 of the Agreement, effective July 1, 2024, the Term
of the Agreement is extended for an additional two (2) year term.
2. ADDITIONAL SERVICES. Pursuant to Section 4.3 of the Agreement, the Parties hereby
wish to add additional services to be performed by Consultant, in the form of providing assistance
in the design for the conversion of existing gravity storm drainage wells to injection wells, as more
particularly set forth in Attachment "B."
3. ADDITIONAL COMPENSATION. Section 4.1 of the Agreement is amended to
supplement the total compensation to Consultant, for the additional services set forth herein and
in Attachment "B," in an amount not to exceed Three Hundred One Thousand Eight Hundred
Dollars and No Cents ($301,800.00).
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Project Agreement between the parties dated May 30, 2021,
shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Fifth 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."
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
CRAIG A. SMITH — FIFTH AMENDMENT Page 1 of 4 210
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 Fifth Amendment as of the
date mentioned above.
CRAIG A. SMITH & ASSOCIATES
BY:
Stephen C. Smith
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowled ed before me by means of 0 physical presence or ❑
online notarization, this C��day of J e, 2024, by Stephen C. Smith, for Craig A. Smith &
Associates.
ANDREA COLE
•: +:
M COMMISS10N# HH 413340
(SEAL) m'�p' EXPIRES: July 11, 2027 CNotayublictate of Florida.FOF PCO:1
(Signature of Notary Public)
Personally Known `/ or Produced Identification
Type of Identification Produced:
ATTEST: A 11 1 1 CITY OF59NNY ISLF.JS BEACH
BY: wl BY: \\
Mauricio Be ncur Larissa Svechin, Mayor
CMC City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
8YAlain
MBoile4au�kfo&rNLabors, Giblin
& Nickerson, P.A., City Attorney
CRAIG A. SMITH — FIFTH AMENDMENT Page 2 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Original Project Agreement
CRAIG A. SMITH — FIFTH AMENDMENT Page 3 of 4 212
o4S°"NY't<sf. THE PROJECT AGREEMENT
Between
T'
crY n. iUN .au THE CITY OF SUNNY ISLES BEACH
And
CRAIG A. SMITH & ASSOCIATES, INC.
For
CENTRAL ISLAND AREA PUMP STATIONS AND DRAINAGE IMPROVEMENTS
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Craig A. Smith & Associates ("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 Project
Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the
services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated April 23, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project (hereinafter referred to as
"the Project") and is licensed to practice engineering by all public entities having
jurisdiction over the Consultant and the Project. The Consultant further represents to the
City that the Consultant will maintain all necessary licenses, or other authorizations
necessary to act as Consultant for the Project until Consultant's duties hereunder have been
completed. The Consultant shall be responsible for providing all necessary subconsultants
required for the successful completion of the work as set forth in the Consultant's proposal,
attached hereto as EXHIBIT "1," and incorporated herein by reference. The Consultant
assumes full responsibility to the City for the improper acts, negligence, and omissions of
its subconsultants and of all others employed or retained by the Consultant in connection
with the Project.
2.2 VERIFICATION OF CITY DOCUMENTS AND PROJECT SITE
213
2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the
Consultant has become familiar with the Project site and the local conditions under which
the Project is to be implemented.
2.2.2 Consultant shall review, examine, and verify the documents and information furnished by
the City concerning the Project site with respect to locations, elevations, and all other
existing conditions, etc., before preparing design documents. Consultant shall compare any
documents furnished by the City to the Project site to verify dimensions, clearances and
the like before preparing design documents. The Consultant shall be solely responsible for
any inaccuracies or conflicts that might have been detected or avoided by such verification.
2.3 THIRTY PERCENT DESIGN DOCUMENTS
2.3.1 The Consultant shall review and examine the information, including any desired schedule
and budgetary requirements, furnished by the City to understand the requirements of the
Project and shall review its understanding of such requirements with the City.
2.3.2 The Consultant shall furnish to the City a preliminary written evaluation of such
information in light of any Project budget requirements.
2.3.3 The Consultant shall review and discuss with the City any alternative approaches to design
and construction of the Project.
2.3.4 The Consultant shall prepare and submit to the City for its review 30% design documents
consisting of drawings and other documents illustrating the scale and relationship of
proposed Project components. The Consultant shall be responsible for furnishing a legal
description and any necessary survey(s) of the site, including, as may be reasonably
required, grades and lines of streets, alleys, pavements and adjoining structures, rights-of-
way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data pertaining to existing
buildings and other improvements; and information concerning available service and utility
lines above and below grade, including inverts and depths.
2.3.5 The Consultant shall submit to the City an estimate of probable construction costs for the
Proj ect.
2.4 SIXTY PERCENT DESIGN DOCUMENTS
2.4.1 Based on the 30% design documents and any adjustments to that design, the proposed
schedule, or Project budget authorized by the City, the Consultant shall prepare and submit
to the City for its review, 60% design documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to civil, architectural,
structural, mechanical and electrical systems; landscape architectural and irrigation design;
materials and such other elements as may be appropriate.
2.4.2 The Consultant shall review its estimate of probable construction costs, shall make any
appropriate revisions thereto and furnish same to the City.
214
2.5 NINTEY PERCENT DESIGN DOCUMENTS
2.5.1 Based on the 60% design documents and any adjustments to that design, the proposed
schedule, or Project budget authorized by the City, the Consultant shall prepare and submit
to the City for its review, 90% design documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to civil, architectural,
structural, mechanical and electrical systems; landscape architectural and irrigation design;
materials and such other elements as may be appropriate.
2.5.2 The Consultant shall review its estimate of probable construction costs, shall make any
appropriate revisions thereto and furnish same to the City.
2.5.3. The Consultant shall assist the City in preparing and filing all documents necessary to
obtain the approval of all authorities having jurisdiction over the Project.
2.6 ONE HUNDRED PERCENT DOCUMENTS
2.6.1 Upon the City's authorization, the Consultant shall prepare 100% design documents
consisting of drawings and specifications setting forth in detail the requirements for
construction of the Project. Such Construction Documents shall be project specific and
shall be accurate, coordinated and adequate for construction, and shall be in conformity
and comply with all applicable law, codes, standards, and regulations. Products specified
for use shall be readily available unless specifically authorized by the City.
2.6.2 The Consultant shall review its most recent estimate of probable construction costs, shall
make any appropriate revisions thereto and furnish same to the City.
2.6.3 The Consultant shall assist the City in preparing and filing all documents necessary to
obtain the approval of all authorities having jurisdiction over the Project. This can begin
when the design documents are approximately 90% complete as set forth in Subsection
2.5.3.
2.6.4 The Consultant shall be responsible for the preparation of bid packages to be made
available for distribution to all prospective bidders. Such packages shall include copies of
all relevant plans, specifications, and other documents upon which the bidding is to be
based. The Consultant shall make copies of complete bid packages available at its office
nearest to the Project site during normal business hours for all prospective bidders. The
Consultant shall be reimbursed by the City for the actual cost of reproduction of the
documents contained within the bid package as a reimbursable item pursuant to the terms
of Section 6.2 of this Agreement.
2.6.5 In the event that there are amendments to the bid packages, amendments to any of the
documents contained with the bid packages, or any clarifications issued during the bidding
process, the Consultant shall prepare for the City's approval written addenda as appropriate
to interpret, clarify or expand the bidding documents. The Consultant shall make such
documents available to all prospective bidders in a manner acceptable to the City, and shall
215
be reimbursed for the actual costs of reproduction at the same rate specified in Section
2.6.4. There shall be no additional charges for amendments or clarifications other than as
provided in Section 2.6.4.
2.6.6 The Consultant shall coordinate with the City during the bidding process and be available
to address bidders' questions and comments at any time during the bidding process. The
Consultant shall attend the pre-bid meeting, which will be held at a location as specified
by the City.
2.6.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids
received for determination of compliance with the bidding requirements. The Consultant
shall not be responsible for performing any investigations or reference checks regarding
bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder
is responsible; however, the Consultant shall assist the City as necessary in making such
determination.
2.6.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials
or equipment and shall advise the City with respect to same.
2.7 SERVICE SCHEDULE
2.7.1 The Consultant shall perform its services expeditiously in accordance with the time frames
set forth in the "Project Schedule" set forth in EXHIBIT "3". The Consultant may,
however, submit for the City's approval an alternative schedule for the performance for the
Consultant's services that shall include allowance for time required for the City's review
of submissions and for approvals of authorities having jurisdiction over the Project. The
City shall review and approve or reject any schedules submitted by the Consultant within
five (5) working days of said submittal. This schedule, when approved by the City, shall
not, except for cause, be exceeded by the Consultant. In the event the City rejects any
schedules submitted by the Consultant, the Consultant shall submit a revised schedule
within forty-eight (48) hours of said rejection. Submission of a schedule acceptable to the
City and to which the City makes no objection shall be a condition precedent for any
payment to the Consultant.
2.7.2 Upon receipt of the Notice to Proceed and the fully executed Purchase Order, the
Consultant shall commence services to the City on the Commencement Date, and shall
continuously perform services to the City, without interruption, in accordance with the time
frames set forth in the "Project Schedule," a copy of which is attached and incorporated
into this Agreement as EXHIBIT "3." The number of calendar days from the
Commencement Date, through the date set forth in the Project Schedule for completion of
the Project or the date of actual completion of the Project, which ever shall last occur, shall
constitute the Contract Time.
2.7.3 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 Project from
216
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 Project
Schedule 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.
2.8 PERSONNEL
2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME FUNCTION
Orlando Rubio, P.E.
Robert D. Keener, P.S.M
Andrew Nixon, P.E
Larry M. Smith, P.E
Senior Supervising Engineer
Surveyor
Geotechnical Engineer
Electrical Engineer
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
217
3.3 If the City becomes aware of any fault or defect in the Project, or of any errors,
omissions or inconsistencies in the drawings or specifications, prompt notice thereof
shall be given by the City to the Consultant.
3.4 The City shall perform those duties set forth in Sections 3.1 through 3.4 as
expeditiously as may reasonably be necessary for the orderly progress of the
Consultant's services and of the work.
3.5 The City's review of any documents prepared by the Consultant or its subconsultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the City's construction program and intent. No review of such
documents shall relieve the Consultant of its responsibility for the accuracy, adequacy,
fitness, suitability and coordination of its work product.
SECTION 4 BASIS OF COMPENSATION
4.1 The City shall compensate the Consultant for an amount not to exceed Four Hundred Forty -
Three Thousand Eight Hundred Sixty -Five Dollars ($443,865.00) based on services
rendered pursuant to Consultant's proposal attached hereto as EXHIBIT "1", of this
Agreement by allocating the estimated percentage of work for each of the phases set forth
in Section 4.2, and more particularly in EXHIBIT "2" of this Agreement. Billings for each
phase shall not exceed the amount allocated to each phase.
4.2 Payment to the Consultant of the sum set forth in Section 4.1 shall be allocated based on
the estimated percentage of work completed for each of the following phases:
Thirty Percent Design Documents ............................................. $ 168,635.00 at 30%
Sixty Percent Design Documents ............................................ $ 141,175.00 at 60%
Ninety Percent Design Documents ............................................. $ 94,465.00 at 90%
One Hundred Percent Documents ............................................ $ 39,590.00 at 100%
4.3 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 Agreement and shall be compensated at the "Hourly Rate Schedule"
set forth in the Consultant's proposal attached hereto as EXHIBIT "1" of this Agreement.
4.4 Reimbursable Expenses as defined in Section 5 shall be reimbursed to the Consultant by
the City as provided in Section 5.
4.5 If the scope of the Consultant's services are changed materially through no fault of the
Consultant, compensation due to the Consultant shall be equitably adjusted, either upward
or downward.
218
SECTION 5 BILLING AND PAYMENTS TO CONSULTANT
5.1 Billing by the Consultant shall be in accordance with EXHIBIT "2" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "2" of this Agreement.
5.2 REIMBURSABLE EXPENSES
5.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and
Consultant's subconsultants in the interest of the Project, as follows:
Not to exceed $22,193 (which amount represents 5% of the fee) without prior written
authorization by the City.
5.2.1.1 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.
SECTION 6 TERM
6.1 This Agreement shall commence upon the issuance of a written Notice to Procced issued
by the City and shall continue in full force and effect for 180 days, unless otherwise
terminated pursuant to Section 7.1 or 7.2, or other applicable sections of this Agreement.
The City's City Manager, in his sole discretion, may extend the term of this Project
Agreement through written notification to the Consultant. Such extension shall not exceed
one -hundred eighty (180) days. No further extensions of this Agreement shall be effective
unless authorized by City Code or City Commission action.
SECTION 7 TERMINATION
7.1 TERMINATION FOR CAUSE
7.1.1 This 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 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.
219
7.2 TERMINATION FOR CONVENIENCE
7.2.1 This 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 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 "F" of the Continuing Services
Agreement.
7.2.2 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:
7.2.2.1 Anticipated profits or fees to be earned on completed portions of the work;
7.2.2.2 Consequential damages;
7.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done
in excess of reasonable quantitative requirements of this Agreement;
7.2.2.4 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; and
7.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets.
7.2.2.6 Damage or loss caused by delay.
7.3 Assignment Upon Termination. Upon termination of this Agreement, the work product
of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City
or its authorized designee, all work product in its possession, including but not limited to,
designs, specifications, drawings, studies, reports and all other documents and data in the
possession of the Consultant pertaining to this Agreement. Upon the City's request, the
Consultant shall additionally assign its rights, title and interest under any subcontractor's
agreements to the City. All work product provided under this Section shall be used solely
for its intended purpose.
SECTION 8 SEVERABILITY
8.1 If any term or provision of this Agreement or its application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
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
220
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
SECTION 9 INSURANCE
9.1 During the life of this Agreement, Consultant shall comply with the insurance requirements
set forth in Section 15 of the Continuing Services Agreement dated April 23, 2021.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the City, signing by and through its Mayor, attested
to by its City Cler duly_authoriz d to execute same and by Craig A. Smith & Associates, signing
by and through its e. duly authorized to execute same.
City Cleiikf -
Mauri6o, BeUdcur
(SEAL)`.'
CITY
CITY OFAU"Y ISLES BEACH, FLORIDA
M
George Scholl
�{
day of .�, 2021.
Approved as to form for the City:
Edward A. Dion, City Attorney
By:
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Edward A. Dion
Vr City Attorney
221
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
CRAIG A. SMITH — FIFTH AMENDMENT Page 4 of 4 223
CITY OF SUNNY ISLES BEACH
PROPOSED SCOPE OF SERVICES AND PROPOSED FEE
FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
CENTER ISLAND AREA PUMP STATIONS
DATED: May 28, 2024
mz�
CRAIG A. SMITH & ASSOCIATES
Consulting Engineers • Planners • Surveyors • Utility Locating
1425 E. Newport Center Drive, Deerfield Beach, FL 33442
(0) 561.314.4445 (F) 561.314.4457
79
CRAIG A. SMITH & ASSOCIATES
PROPOSED SCOPE OF SERVICES
OCASA-0459 -- PAGE 1 --
CRAIG A. SMITH & ASSOCIATES
PROPOSED SCOPE OF SERVICES AND PROPOSED FEE
FOR
CENTER ISLAND AREA
LOCALIZED STORMWATER PUMP STATIONS
PROJECT NAME: CENTRAL ISLAND AREA
LOCALIZED STORMWATER PUMP STATIONS
PROPOSAL NO: OCASA-0459
PROJECT DESCRIPTION: Providing professional engineering, design, permitting, and utility
location for the design of 10 localized stormwater pumping stations
with connections to existing City drainage wells to provide flood relief
for the Central Island Area of the City. These stations are intended
to be smaller than the original design and the approach will eliminate
the construction of new stormwater collection system avoiding
impacts to City roads.
OWNER: Sunny Isles Beach
Attention: Mr. Stan Morris, City Manager
smorris@sibfl.net
Address: Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
www.sibfl.net
Phone:
305.792.1776
225
CRAIG A. SMITH & ASSOCIATES
OCASA-0459
GENERAL
PROPOSED SCOPE OF SERVICES
-- PAGE 2 --
A preliminary hydrologic and hydraulic analysis was performed for this alternate system (localized
stormwater pumping stations) and the next step is to finalize the analysis with the proposed
stormwater pumping stations and engineering plans. Craig A. Smith & Associates (CAS) proposes
to accomplish the services as follows:
TASK
NO.
TASK 1 ENGINEERING ANALYSIS & PUMP STATION DESIGNS
Under a previous City project by others, multiple independent drainage networks with gravity
discharge connections to drainage wells (majority of systems) or an existing baffle box were
constructed with the latter having a positive outfall to the Intracoastal Waterway. With the current
survey, CAS will develop drainage improvements to the targeted areas by completing 1:20 scale
plans (full size 36" x 24") & 1:40 scale plans (half size 17" x 11") for bidding and construction
containing plan and profile views of the proposed work using the most recently obtained version of
Autodesk Civil3D CADD software. CAS will provide stormwater pump station design utilizing the
Hydraulic Institute Standards for simplex stations with a discharge capacity of 5,000 gpm; force
main sizing, wetwell & vault design, pump selection and component design at ten (10) different
locations (see Exhibit "A"). The design at each location may be site specific and will involve
retrofitting the existing and immediate drainage network to install the station and replace the
drainage well box with a structure that can receive pumped flow from the station. Prior to the start
of a design, the City will to notify CAS of its desire to change location(s) of station(s). Efforts will be
made so that the stations are similar in design to allow for redundancy though existing conditions
may dictate otherwise. The design will incorporate the permitted and certified capacities of the
drainage wells'.
CAS will coordinate with the subconsultant (electrical) on the design of the station. Prepare
construction plans with supporting electrical design plans. Provide plans sufficient to bid and
construct the proposed pump station. CAS will coordinate with local utilities as reasonably
necessary in order to resolve known utility conflicts during the design. CAS will provide the
necessary engineering information to the City to assist the City with obtaining the necessary
easements from the affected property owner(s). CAS will produce progress prints at the request of
the City or as required by grant requirements. Meetings with City staff or requested presentation to
City Council will be billed hourly at the attached rates.
$230,000.00
1 1,000 gpm/ft-hd
226
CRAIG A. SMITH & ASSOCIATES
OCASA-0459
TASK 2 VACUUM EXCAVATION ("SOFT DIGS")
PROPOSED SCOPE OF SERVICES
-- PAGE 3 --
Perform up to thirty (30) "soft digs" to identify the type, size, and material as well as depth to the
top of potentially conflicting and / or newly identified or previously unknown facilities. Prepare
Vacuum Excavation reports including location sketch with facility type, size, depth and
composition and include on the survey plans. Additional soft digs above this amount will be
charged at the rate of $600.00 each. Provide coordination with CAS Survey and Engineering
Departments to review subsurface utility information and review survey maps to ensure accurate
depiction of located facilities.
30 soft digs @ $600 each
Total: $18,000.00
TASK 3 COST ESTIMATE
Provide quantity take -off and an engineer's opinion of probable cost estimate for the proposed
pump station. Coordinate with subconsultants on discipline specific quantities and costs.
$7,200.00
TASK 4 PERMITTING
Prepare and submit Miami -Dade County Regulatory Economic Resources Class II permit
application and Florida Department of Environmental Protection Underground Injection Control
program with supporting documentation to secure the permits as necessary. This service will
include up to two responses to requests for additional information letters from each of these
agencies. Permit fees are not included in this scope. Wetland resources permitting services are
not included in this proposal.
$11,300.00
TASK 5 CONTRACT DOCUMENTS AND ASSISTANCE DURING BIDDING
CAS will prepare contract documents and specifications and assist the OWNER during the bid
process. CAS will provide technical support to the City during the pre-bid meeting as the OWNER's
representative to discuss the project and answer questions from prospective bidders during the bid
advertisement period. CAS will perform bid reviews, tabulate bids, perform reference checks, and
assist the Owner in the evaluation of bids and submit bid award recommendation package to the
OWNER.
$10,800.00
TASK 6 -SUB ELECTRICAL ENGINEERING DESIGN
Electrical engineering services in support of the pump station design will be provided by Smith
Engineering Consultants, Inc (SEC). as a subconsultant to CAS. SEC's proposal is attached.
Electrical Engineering : $24,500.00
P**A
CRAIG A. SMITH & ASSOCIATES PROPOSED SCOPE OF SERVICES
OCASA-0459
SUMMARY OF COSTS
-- PAGE 4 --
CAS proposes to accomplish the professional engineering services listed for the following total lump
sum fee, which is the sum of the fees for each phase and its specific work tasks:
1.
PUMP STATION DESIGNS (10)
$230,000.00
2.
VACUUM EXCAVATON
$18,000.00
3.
COST ESTIMATE
$7,200.00
4.
PERMITTING - (Miami -Dade County -Class II/FDEP)
$11,300.00
5.
CONTRACT DOCUMENTS & BIDDING SERVICES
$10,800.00
6.
SUBCONSULTANT — ELECTRICAL ENGINEERING
$24,500.00
TOTAL
$301,800.00
228
CRAIG A. SMITH & ASSOCIATES
PROPOSED SCOPE OF SERVICES
OCASA-0459 -- PAGE 5 --
Additional Services
Any service not specifically included in the final Agreement will be considered as an Additional
Service. CAS will accomplish Additional Services upon proper written authorization of the CLIENT.
The fees for Additional Services are at the attached hourly rates or at a mutually agreed upon Lump
Sum Fee.
If this proposal is acceptable to you, please execute as indicated and return one executed copy
to our office for our files.
Yours Sincerely,
CRAIG A. SMITH & ASSOCIATES
Orlando A, Rubio, PE
VP — Stormwater Engineering
ACCEPTED BY:
SUNNY ISLES BEACH
Corporation Name
Signature
Name of Authorized Representative
Date
Title of Authorized Representative
\\cas-file\Admi n\PROPOSAL-ASSEMB LY\_COMPLETED _P ROPOSALS_\2024\OCASA-
0459_Su nny_lsles_Stormwater_Pu m p_Stations\SIB-OCASA-0459. docx
229
Smith Engineerin
.S E
Consultants, Inc.
May 15, 2024
Mr. Orlando Rubio, P.E.
Craig A. Smith & Associates, Inc.
1425 East Newport Center Drive
Deerfield Beach, FL 33442
Re: Sunny Isles Lift Stations
Electrical Engineering Services Proposal
Dear Orlando:
Smith Engineering Consultants, Inc. (SEC) is pleased to provide this proposal for the
above referenced project. We propose to provide the following scope of services:
1. Initial site visits and review of project drawings.
2. Request/coordinate electrical service for the sites with electric utility
representatives.
3. Electrical design, including power, control, instrumentation, and
SCADA/telemetry for the construction of ten (10) new, simplex lift stations. Each
site electrical system will include, but not be limited to, the electrical service,
pump control panel and level controls, RTU, conduits and wiring. The electrical
design will be in accordance with the Florida Building Code, the National
Electrical Code, and applicable local codes. Our assumption is that the
improvements to all ten (10) lift stations will be completed under a single project
by the same contractor.
4. Submit 90% and 100% plans and specifications.
5. Attend one (1) web -based plan review meeting with the project team and the City.
SEC will prepare contract documents suitable for bidding, permit, and construction. We
will assist in preparing addendums and respond to questions during the bid process. We
propose to furnish AutoCAD drawings using base plan drawings provided by Craig A.
Smith. Our lump sum fee to provide the design phase services described above is
$24,500.
2161 Palm Beach Lakes Blvd., Suite 312
West Palm Beach, FL 33409
(561) 616-3911 Fax(561)616-3912 230
SEC
Thank you for using Smith Engineering Consultants as the source for these engineering
services. We look forward to working with you on this project.
Sincerely,
Larry M. Smith, P. E.
President
231
CRAIG A. SMITH & ASSOCIATES, INC.
2021
HOURLY RATE SCHEDULE
Principals............................................................................................................................................$250.00
CourtTestimony.................................................................................................................................$250.00
VicePresident.....................................................................................................................................$225.00
Senior Supervising Engineer..............................................................................................................$195.00
SupervisingEngineer.........................................................................................................................$170.00
ProjectManager.................................................................................................................................$145.00
ProjectEngineer.................................................................................................................................$125.00
Senior CADD Technician....................................................................................................................$125.00
CADDTechnician.................................................................................................................................$90.00
Senior Field Representative..............................................................................................................$125.00
FieldRepresentative.............................................................................................................................$95.00
Professional Surveyor and Mapper....................................................................................................$150.00
Survey Coordination Manager............................................................................................................$120.00
SurveyTechnician................................................................................................................................$90.00
Clerical..................................................................................................................................................$65.00
SurveyCrew (2-man).........................................................................................................................$160.00
SurveyCrew (3-man).........................................................................................................................$195.00
SurveyCrew, Lidar............................................................................................................................$375.00
SurveyCrew - pile staking..................................................................................................................$225.00
UtilityLocate Crew..............................................................................................................................$150.00
SoftDig Crew (per hole)....................................................................................................................$495.00
3DRadar Crew...................................................................................................................................$450.00
3DRadar Processor...........................................................................................................................$175.00
These rates are in effect for services rendered commencing January 1, 2021 and are subject to
change.
233
CRAIG A. SMITH & ASSOCIATES, INC.
2021
REIMBURSABLE EXPENSES
• Computer Usage (CADD) $2.50/hour
• Reproductions
Engineering (24 x 36)
$2.50/sht
Engineering Color
$3.50/sht
Standard Copies
$0.30/sht
Standard Color
$0.40/sht
Ledger (11 x 17)
$0.40/sht
Ledger Color
$0.55/sht
• Recording & Permit Fees Cost + 10%
• Services of Outside Consultants Cost + 10%
• Federal Express or Courier Services Cost + 10%
• Commercial Air Travel Cost + 10%
• Long Distance Phone Cost + 10%
• Auto Travel Expense $ 0.56 / mile
• Meals — Per Diem $35.00
• Lodging Cost + 10%
These rates are in effect for services rendered commencing January 1, 2021 and are subject to
change.
234
xS ' P��' ,
c,Th f,40
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Rick Labinsky, P.E., City Engineer
J u ne 20, 2024
Approval of a Fifth Amendment to Agreement with Craig A. Smith for Central
Island Area Pump Stations& Drainage Improvements Project
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach requires additional services of Craig A. Smith consultants to assist in the
design for the conversion of existing gravity storm drainage wells to injection wells. The proposed cost is
$301,800.00.
FUNDING SOURCE:
Funds have been appropriated in account not. 300-5-5410-465000-83003.
ATTACHMENTS:
Resolution
Fifth Amendment
Item Number: 10.1-
206