HomeMy WebLinkAboutReso 2015-2400 RESOLUTION NO. 2015- 214 00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
SECOND AMENDMENT TO THE AGREEMENT WITH CRAIG
A. SMITH & ASSOCIATES, TO PROVIDE ENGINEERING
SERVICES FOR THE RECONSTRUCTION OF THE 174 STREET
ROADWAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT
TO EXCEED THREE HUNDRED FIFTY-SIX THOUSAND
FOURTEEN DOLLARS ($356,014.00), 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, on September 18, 2014 via Resolution No. 2014-2294 the City Commission
approved 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); and
WHEREAS, the City is now in need of engineering services to ensure sufficient
oversight and testing for the successful implementation of this project, and construction phase
services are needed, 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 Second Amendment to the
Agreement with Craig A. Smith & Associates, for engineering services for the Reconstruction of
the 174 Street Drainage/Roadway Improvement Project, in an amount not to exceed Three
Hundred Fifty-Six Thousand Fourteen Dollars ($356,014.00) bringing the total amount not to
exceed to Five Hundred Four Thousand Seven Hundred Fifty-Four Dollars and Forty Cents
($504,754.40), 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 Second Amendment to Agreement. The City Commission hereby
approves the Second Amendment to the Agreement with Craig A. Smith & Associates, Inc., for
82015-Craig A Smith 2nd Amd to Agmt 174 St Civil Eng SrvsPage 1 of 2
surveying, engineering and permitting services for the Reconstruction of the 174 Street Drainage
Improvement Project, in an amount not to exceed Three Hundred Fifty-Six Thousand Fourteen
Dollars ($356,014.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to Agreement.
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 16th day of April 2015.
Georg- . Scholl, Mayor
ATTEST:
Jane A. ines, MMC, City Clerk
Approv-d As to Form and
Lee. i cy:
• �s r�ti ot, l ity Attorney
Moved by: 0,1)11vr #. UV 1 10
Seconded by: Pb.5cor Gk TT b
Vote: S-O
Mayor Scholl ✓(Yes) (No)
Vice Mayor Gatto 1/(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Levin V (Yes) (No)
R2015-Craig A Smith 2nd Amd to Agmt 174 St Civil Eng SrvsPage 2 of 2
`' SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
CRAIG A. SMITH & ASSOCIATES
CONTRACT NO. C1415-053
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
and CRAIG A. SMITH & ASSOCIATES, executed this t(p day of Qf¢t ti , 2015,
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 . -20/047/8 . The City and Consultant hereby agree as follows:
1. ADDITIONAL SCOPE OF SERVICE. Section 2 of the original Agreement is hereby
amended to include additional construction phase and engineering services to ensure sufficient
oversight and testing for the successful implementation of the reconstruction of the 174th Street
Roadway Improvement Project, ("Additional Services"), as set forth in Consultant's proposal, a copy
of which is attached hereto and incorporated herein as Attachment"A".
2. ADDITIONAL COMPENSATION. The payment to Consultant, as set forth in Section 4
of the original Agreement via Resolution No. 2014-2178 was approved by City Commission for
services in an amount not to exceed One Hundred Thirty Three Thousand Three Hundred Five
Dollars Fifty Cents ($133,305.50), on September 18, 2014 via Resolution No. 2014-2294 the City
Commission approved the First Amendment for additional engineering and permitting services in an
amount not to exceed Fifteen Thousand Four Hundred Thirty Four Dollars Ninety Cents
($15,434.90), bringing the total amount of contract not to exceed One Hundred Forty Eight Thousand
Seven Hundred Forty Dollars Forty Cents ($148,740.40), this Second amendment to the original
contract is hereby amended to include additional compensation for the Additional Services in an
amount not to exceed Three Hundred Fifty Six Thousand Fourteen Dollars ($356,014.00), bringing
the total contract amount not to exceed Five Hundred Four Thousand Seven Hundred Fifty Four
Dollars Forty Cents($504,754.40).
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, statements, requirements, and provisions
contained in this Second Amendment 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" or`B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: CRAIG A. SMITH, & ASSOCIATES
Signature swag
BY:
SIT/9/4--ba �"/� Zig' Stephen C. Smith\P.E.
Print Name
I .
ATTEST: CITY O ' SU ! Y ISLES BEACH
BY: .� , BY:
Jane A. Hines, MMC, City Clerk Geor_: H. Scholl, Mayor
APPROVED AS TO ORM AND
LEGAL SUFF E Y
BY: via
:a !'ttino, City Attorney
CRAIG A. SMITH & ASSOCIATES
7777 Glades Road • Suite 410 • Boca Raton,Florida 33434
4111
CONSULTING ENGINEERS • SURVEYORS •UTILITY LOCATORS •GRANT SPECIALISTS W W W C R A I G A S M I T N C O M
March 31,2015
Ms.Eika Linton-Dorsett,Capitol Projects Manager (via e-mail)
City of Sunny isles Beach Public Works Department
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: NE 174th Street Roadway Improvements
Engineering Services During Construction(ESDC) including Construction Observation (Revised)
Dear Elka,
Per you request, CAS is pleased to provide our proposal for the referenced services, which will be performed on a time
and materials basis. Note that these services do not include services pertaining to Landscaping. The services will include
Basic ESDC with full time construction observation services. The Basic ESDC is intended to cover services sufficient
enough for CAS to certify the project to the permitting agency,to cover limited pre-construction matters,and to address
contractor's requests for additional information. Specific descriptions of each task are provided below. The
Supplemental ESDC is intended to cover services not part of the Basic ESDC. Specific descriptions of each task for these
services are provided in this document as well. Task nos. E56A-E56D pertain to the engineer's time, task E57 pertains to
the CAS inspector's time,and Task"SUB" pertains to the geotechnical subconsultant's time.
BASIC ESDC with Full Time Construction Observation Services(Inspection):
Task No.
E56A CAS will provide one qualified Engineer to perform shop drawing reviews for pipes, structures, road
material, concrete etc. and conduct the initial pre-construction meeting. This will include coordination
and correspondences with contractor and vendors to complete the reviews with established CAS
procedures. No services are included pertaining to Landscaping matters.These services will be provided
for a construction duration of 11 months. Services beyond this period will be billed at the approved
hourly rates for a not to exceed agreed upon amount as approved by the City prior to proceeding (Max.
hours: 98).
Hourly Not to Exceed Fee: $16,427.00
E568 CAS will review the final set of as-built drawings,density tests,and will provide construction certification
services to MDC for Class II permit close out. This will include coordination and correspondences with
Contractor to obtain the final as-built product. CAS will assist the City with the determination of the
project's substantial completion date via a walk-thru and development of a project punch list. CAS will
perform a final walk-through with client and contractor for concurrence with punch list items. Services
beyond this period will be billed at the approved hourly rates for a not to exceed agreed upon amount
(Max. hours:74).
Hourly Not to Exceed Fee: $12,320.00
E56C Review and respond to contractor's RFI including geotechnical matters with CAS subconsultant; assume
2 RFI's per month and 1 field meeting per month not pertaining to landscape matters. Additional RFI's
and field meetings will be billed as additional at the approved hourly rates. This does not include
suggested significant design changes or value engineering submittals by the contractor. Services beyond
95 + . 7e2 . 8 2 2 2 s6 , •.0
ATTACHMENT "A" aos . + 61 , + + ro
9 5 4 . 7 8 6 . 8 9 2 7 9 1 . 9 8 1 8 4, 1, .
M5,Efka Linton-Dorsett
NE 174's Street Roadway fmprovements
Page 2 of 3
this period will be billed at the approved hourly rates for a not to exceed agreed upon amount (Max.
hours: 176).
Hourly Not to Exceed Fee: $29,568.00
ESSD Plan revision for additional services from contractor suggested value engineering to be approved by the
City prior to proceeding.Services beyond this period will be billed at the approved hourly rates for a not
to exceed agreed upon amount(Max. hours:50).
Hourly Not to Exceed Fee: $8,400.00
E57 CAS will provide one qualified Senior Field Representative to perform full time construction observation
services at the established hourly rates. Daily and weekly construction reports will be provided as part
of this task. Daily inspections will observe contractors typical methods on pipe and structure installation
and observance of proper mudwork, installation of road bases and fabric, installation of curb and
sidewalks, and observation and review of compaction tests. This service will include providing
assistance with the project's substantial completion date to the Engineer of Record and project
certification. CAS will be monitoring the day to day construction under this task such as but not limited
•
to observation of contractor's mobilization and maintenance of traffic set up and subsequent MOT
efforts, observation of the contractor's demolition and removal of materials (clearing and grubbing),
observation of the installation of Stormwater Pollution Prevention Plan and construction dewatering set
up, responding to contractor RFI's and review of installed quantities for pay requests submittals.
Coordinate with contractor on field quantities and measurements for pay request submittals to the EOR •
excluding landscape quantities. Attend and assist Engineer of Record (EOR) during the biweekly
progress meetings, discuss matters pertaining to project, review work schedule/progress. Field visit
with EOR upon request to address contractor's RFI's. Assist EOR with contractor's RFI not pertaining to
landscape matters. Services beyond this 11 month period will be billed at the approved hourly rates for
a not to exceed agreed upon amount. (Max.hours: 1907).
Hourly Not to Exceed Fee: $213,547.00
SUB SUBCONSULTANT FOR GEOTECHNICAL SERVICES
CAS will provide geotechnical services through its sub consultant Wingerter Laboratories, Inc. on an as
requested basis. Geotechnical Engineer Hourly Rate (Portal to Portal, Minimum 4 Hours)$125.00/Hr.
Services to include attend meetings, clarify questions, answer RFI specific to geotechnical matters, site
visit/inspection and coordination. Estimate 20 Hours per Month for 11 Month Construction Schedule at
$125.00/Hr.
Hourly Not to Exceed Fee: $27,500.00
Surn of Hourly Not to Exceed Fee for Basic ESDC: $307,761.00
SUPPLEMENTAL ESDC:
E56A Conduct biweekly progress meetings, coordinate with City & contractor, prepare meeting agenda &
minutes, discuss matters pertaining to project, review work schedule/progress. Field visit upon request
to address contractor's RFI's. These services will be provided for a construction duration of 11 months.
Services beyond this period will be billed at the approved hourly rates for a not to exceed agreed upon
amount(Max. hours: 238).
Hourly Not to Exceed Fee: $40,040.00
Ms.Elka Linton-Dorsett
NE 174th Street Roadway Improvements
Page 3 of 3
E565 Review pay request applications (10-12) and provide acceptance letter to City. Coordinate with
contractor on pay request revisions as necessary. Coordinate with landscape architect to receive
approval of landscape quantities. Services beyond this period will be billed at the approved hourly rates
for a not to exceed agreed upon amount(Max. hours:49).
Hourly Not to Exceed Fee: $8,213.00
Sum of Hourly Not to Exceed Fee for Supplemental ESDC: $48,253.00
Sum of Hourly Not to Exceed Fee for Basic ESDC&Supplemental ESDC:$356,014.00
•
I trust that we have provided all services you have requested. Additional services will be provided hourly based on the
contracted rate schedule attached or negotiated prior to work being performed with the approval of the City
Commission. 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.
Sincerely,
CRAIG A.SMITH&ASSOCIATES
Orlando A. Rubio, PE
Sr. Supervising Engineer
CC: CAS-Stephen C.Smith, PE(via e-mail)
File
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ConstructionMgt\Documents\Proposal\CSIB_NE174ST_ESDC_Rev_2015.03.31.docx
•
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SUPPIEMENTAE CEt_ESIX NE 174T11 STREET ROADWAY IMPROVEMENTS
CAS BVOGET HOURS FOR ESOC
Ridding/Engineering Services&Cons:&Ohs_Services
2016 Rates l Principal Sr.Sup Eng A.Field Rey
Tasks_ Descriptions I 5 310.00 $ 168.06 I$ 112.00 Total
Months Weeks Days/week1 lfrs)week Total days Total Hoorsl Cosi/month ---
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meeting agenda&minutes,datum matters pertaining to project,review work I
E56A schedule/pregrass.Field visit upon mum st I address contractor's OFF.. 23.63 3 30.00 23.83 238.33 1$ 3,640.00 238.33 $ 40,040.00
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ES 66 I+rdscape architect to receive pp ravel of landscape o until ec. 48.69 $ 746.67 48.89 $ 8,213.33
26752 ,$ 4,386.67
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7= CITY OF SUNNY ISLES BEACH AGREEMENT
�Os SUN�
WITH CRAIG A. SMITH & ASSOCIATES
1` 4 CONTRACT NO. C1314-014
THIS CONTRACTUAL AGRE MENT (hereinafter referred to as the "Agreement")
is made in duplicate, this t(o day of v , 2014, by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter eferred 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 S`t 2.o l 0 4Z Co .
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 specifications/bidding services, all in connection with the 174`h 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
:.b
1 a
CI314-014 CRAIG A.SMITH& A' ATTACHMENT "B"
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.
h. Payment Schedule. Invoices 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
C13I4-014 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:
❑ 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 ($1,000,000) per occurrence.
❑ 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 ($1,000,000) 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
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
(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, rules 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
CI314-014 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) (i) 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. AUDIT. 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 1 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
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
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
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
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]
8
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: C' G A.SMIT. ASSOCIATES
��•..
A %,
ignature BY:
Stephen C.Smith, '.E., President
21A°// �018A1i/ALcsei
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
6c _.:Sp/ BY: 14,/,47;
Jane A. Hines, MMC,City Clerk N Ian S.Edelcup,Mayor
i
APPROVED AS TO FORM
AND LE , . " CIENCY
By �i�d
41-!:s of Ci y Attorney
9
C1314-014 CRAIG A.SMITH&ASSOCIATES
CRAIG A. SMITH & ASSOCIATES
7777 Glades Road • Suite 410 - Boca Raton,Florida 33434
CONSULTING ENGINEERS • S U R V E Y O R S •UTILITY L O C A T O R S•GRANT SPEOAUSTS W W W , C R A I G A S M I T H . C O M
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,
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 fog 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 - 561 . 7 ATTACHMENT "A" 3 05 . 461 .4410
954 . 786 . 8927 791 . 98I8
•
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 $14,037.00
UTILITY LOCATES
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 $19,618.50
PERMITTING
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.
�cerelyi
l,'Nik
Stephen C. . ith, P.E.
Vice President
Craig A. Smith &Associates
Cc: Gene R. Schriner, P.E., CAS
SVM^Y f�f
pt f � e City of Sunny Isles Beach•A �
18070 Collins Avenue
• I S:: ': :le Beach, Florida 33160
r (^y Cr
tie 'o iro�� (3 City Hall
e''•o■ s�4 ""o (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Helen Gray, PE, City Engineer
DATE: 1/16/2014
RE: A Resolution and Agreement with Craig A. Smith & Associates for
Professional Services for the 174 Street Drainage Project
RECOMMENDATION:
We recommend City Commission approve the resolution.
REASONS:
The adopted City budget previously included a capital project to construct
drainage improvements on 174 Street from Collins Avenue to approximately the
west side of the Winston 600 Building. Given extensive deterioration of the
roadway, in the FY 13/14 budget, City Commission approved expanding the
project to include reconstructing substantial portions of the roadway in addition to
constructing new drainage infrastructure. To implement this project, additional
professional engineering services are needed and are detailed in the contract.
Not included in this contract are possible future construction phase services that
may include on-site field observation and inspections, project management and
construction contract support services, and certification of the project as will be
required by various permitting agencies. In addition, Luke's-Sawgrass Landscape
will be preparing revised landscaping schemes for future City consideration and
eventual implementation.
COST:
• Not to exceed $133,305.50 from Account No. 45.600-5691.
Agenda Item No 10D
• Date 1/16/2014
61
ATTACHMENTS:
• Resolution
• Agreement
• •
•
Agenda hem No.IUD
Date (/16./2014
62
Item Coversheet Page 1 of 1
S NNYw SC
v _.: Fr City of Sunny Isles Beach•
ti/ \� 18070 Collins Avenue
. ij• Sunny Isles Beach,Florida 33160
i-,''1.:F QP`Qr A,.` (305)947-0606 City Hall
''f'0.z>.'�' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Bill Evans, Director of Public Works
DATE: 4/16/2015
Resolution Approving a Contract Amendment with Craig
RE: A Smith&Associates for Engineering Services during
Construction for the NE 174th St Roadway
Improvements
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
Included in the adopted City Capital Improvement Plan is a project for
construction of improvements to the NE 174th St corridor extending
from Collins Ave to the western terminus of the right-of-way. In
general, improvements include drainage enhancements, sidewalk
repair, a combination of roadway reconstruction and
milling/resurfacing, bicycle lane striping, irrigation and landscaping.
Contracted professional services performed by Craig A Smith &
Associates included civil engineering design through bid award and
support services. In order to insure sufficient oversight and testing for
the successful implementation of this project, construction phase
services are needed. These services shall be provided for the project
duration for an amount not to exceed$356,014.00
ADDITIONAL INFORMATION:
This bid award is a companion item with approving a bid award for
Construction services to Florida Engineering and Development as well
as the resolution requesting a budget amendment for project funding.
FUNDING SOURCE:
Account No. 300-5-5410-465000-84001
ATTACHMENTS:
Description
Resolution
Second Amendment to Agreement
Item Number: 10.1.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSbeet.aspx?ItemID=1607 4/10/2015