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Home My WebLink AboutReso 2016-2587 RESOLUTION NO. 2016- 2587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE THIRD 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 ONE HUNDRED SIXTY-EIGHT THOUSAND FIVE HUNDRED TWO DOLLARS (S168,502.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, on April 16, 2015 via Resolution No. 2015-2400 the City Commission approved 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); and WHEREAS, the City is now in need of extending the engineering services during construction including construction observation; 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 ratify the Third 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 One Hundred Sixty-Eight Thousand Five Hundred Two Dollars ($168,502.00) bringing the total amount not to exceed to Six Hundred Seventy-Three Thousand Two Hundred Fifty-Six Dollars and Forty Cents ($673,256.40), attached hereto as Exhibit "A". R2016-Craig A Smith 3rd Amd to Agnt 174 St Civil Eng Sr sPage I of 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratify Third Amendment to Agreement. The City Commission hereby ratifies the Third Amendment to the Agreement with Craig A. Smith & Associates, Inc., for extending the engineering services during construction including construction observation for the Reconstruction of the 174 Street Roadway Improvement Project, in an amount not to exceed One Hundred Sixty-Eight Thousand Five Hundred Two Dollars ($168,502.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of September 2016. George H. Icholl, Mayor ':ATTE_ST: • _ Jane . Ines. MMC. City Clerk ' I _t, - n Approved As�to Form and Le_. . . 4t`et . lU/As Ilttinot, City Attorney Moved by: 63 rAct U 003 Seconded by: conveywsangA L Ev I r J Vote: 6—b Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto Yes) _(No) Commissioner Aelion V (Yes) (No) Commissioner Goldman ✓(Yes) (No) Commissioner Levin V (Yes) (No) R2016-Craig.A Smith 3rd Amd to Agmt 174 St Civil Eng SrvsPage 2 of 2 JlJ THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CRAIG A. SMITH & ASSOCIATES CONTRACT NO. C4915-1516-100 This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and CRAIG A. SMITH & ASSOCIATES, executed this day of 2016, is made a part of the original Agreement between the parties dated January 16, 2014, Contract No. 1314-014 ("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 . The City and Consultant hereby agree as follows: 1. TERM EXTENSION OF ADDITIONAL SCOPE OF SERVICES. The time to complete the additional Construction Phase and Engineering Services described in the Second Amendment to the Agreement approved by the City Commission via Resolution No. 2015-2400, . on April 16, 2015, a copy of which is attached hereto and incorporated herein as Attachment "C", ("Additional Scope of Services") is hereby amended to extend the term for an additional six (6) months, as more fully set forth in Consultant's proposal, a copy of which is attached hereto and incorporated herein as Attachment"A". 2. ADDITIONAL COMPENSATION FOR TERM EXTENSION OF ADDITIONAL SCOPE OF SERVICES. The total contract amount, most recently increased via the Second Amendment to the Agreement, approved by the City Commission via Resolution No. 2015-2400, on April 16, 2015, for a total amount not to exceed Three Hundred Fifty Six Thousand Fourteen Dollars (S356,014.00), is hereby amended to include Additional Compensation for Term Extension of Additional Scope of Services, in an amount not to exceed One Hundred Sixty Eight Thousand Five Hundred Two Dollars (5168,502.00), bringing the total contract amount not to exceed Six Hundred Seventy Three Thousand Two Hundred Fifty Six Dollars and Forty Cents (S673,256.40). 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 Third 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 Attachments "A", "B", or "C". (Remainder of page intentionally left blank./ IN WITNESS WHEREOF,the parties hereto have executed this document as of the date mentioned above. WITNESS: CRAIG A.SMITH,&ASSOCIATES Signature 4 BY: \A_Ixx Z v-t m 0i L%f( Stephen C. Smi P.E. Print gime • . ATTEST: ,' , CITY OF SUNNY ISLES BEACH i ✓�� • {JB • � r i ' Jane A. es,MMC,City Clerk Christop er J. usso, City Manager I_ • t � ,ten '4� APPROVE' • TI FORM AND LEGAL I s C BY: BY: NAY Department Head Vrigri ot, Ci Atto .-y S C4915-1516-100-CRAIG A SMITH&ASSOCIATES 2 t CRAIG A. SMITH & ASSOCIATES 7777 Glades Road - Suite 410 • Boca Raton,Florida 33434 CONSUUING ENGINEERS • WRVETO 5 •UTILITY LOCATORS •GRANT SPECWJSTS W W W . C R A I G A S N I T H . C O N July 7,2016 • Ms. Elka 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 Extension of Engineering Services During Construction(ESDC)including Construction Observation Dear Elka, Per you request, CAS is pleased to provide our proposal to extend the referenced services, which will be performed on a time and materials basis to carry us through the end of year;just over 6 months. Specific descriptions of each task are provided below. The Supplemental ESDC is intended to cover services not part of the Basic ESDC. When approved, we will add these amounts to the existing contract amounts. BASIC ESDC with Full Time Construction Observation Services(Inspection): Task No. E56A • (Extension): To cover the expanded work on the project 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. CAS will perform a final walk-through with client and contractor for concurrence with punch list items(Max hrs:30). $5,040.00 E57 (Extension):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.These services will carry us through the end of year. Services beyond this period 9 5 4 . 7 8 2 . 8 2 2 7 6 6 . 6 9 2 .7 7 9 1 . 9 1 8 0 Phone oneax — 5 6 1 . 3 1 5 . 6 655651 . 7 9 1 . 9 801 6 ATTACHMENT "A" . 4 6 1 . 6 6 1 8 S ' u( • Ms.Elka Linton-Dorsett NE 174'h Street Roadway Improvements Page 2 of 2 will be billed at the approved hourly rates for a not to exceed agreed upon amount. (Max. hours: 1153.5). Hourly Not to Exceed Fee: $129,192.00 Sum of Hourly Not to Exceed Fee for Basic ESDC: $134,232.00 SUPPLEMENTAL ESDC: E56A-5 (Extension): Conduct weekly 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 to carry us through the end of the year;just over 6 months. Services beyond this period will be billed at the approved hourly rates for a not to exceed agreed upon amount(Max. hours: 174). Hourly Not to Exceed Fee: $29,230.00. E56B-S (Extension):Review pay request applications(7) 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: 30). Hourly Not to Exceed Fee: $5,040.00 Sum of Hourly Not to Exceed Fee for Supplemental ESDC: $34,270.00 Sum of Hourly Not to Exceed Fee for Basic ESDC&Supplemental ESDC:$168,502.00 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 P:\Citles_Villages_TovmASunny EMT-IMP\05- ConstructionMgt\Documems\Proposal\CsI0 NE1745T_ESDC_Ext_2016.07.07.dooc SIB CRAIG A. SMITH & ASSOCIATES, INC. 2014 HOURLY RATE SCHEDULE Principals $210.00 Court Testimony $200.00 Vice President $175.00 Senior Supervising Engineer $168.00 I ! Supervising Engineer $151.00 Project Manager $130.00 Project Engineer $105.00 Senior Engineering Technician $112.00 Engineering Technician $86.00 CADD Technician $81.00 • Senior Field Representative $112.00 Field Representative $90.00 Senior Professional Surveyor&Mapper $124.00 Professional Surveyor and Mapper $108.00 Survey Coordination Manager S90.00 Survey Technician $86.00 Clerical $55.00 Survey Crew,Vehicle, Standard Equipment $145.00 Survey Crew,Vehicle, GPS $180.00 Survey Crew-overtime $160.00 Survey Crew-pile staking $180.00 • These rates are to effect for services rendered commencing January 1, 2014 and are subject to change. Si l e • CRAIG A. SMITH & ASSOCIATES, INC. 2014 REIMBURSABLE EXPENSES • 3D Scanner Usage $3,000.00/day • 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, 2014 and are subject to change. SIB CITY OF SUNNY ISLES BEACH AGREEMENT WITH CRAIG A. SMITH & ASSOCIATES CONTRACT NO. C1314.014 THIS CONTRACTUA4I AGRE M1ENT (hereinafter referred to as the "Agreement") is made in duplicate, this I. —day of . 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 'St 2010 4"1 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 174th 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. 1 1-1 1-02 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 (S133,305.50). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: I. 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 C1314-014 CRAIG A. SMITH& ASSOCIATES S I L 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 orhisdesignee 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 (S 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 C1314-014 CRAIG A. SMITE!S ASSOCIATES S I L/ 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 panics 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: O Comprehensive General liability insurance, including broad form contractual liability coverage for all operations. including, but not limited to. contractual. products. and completed operations. personal injury and property damage liability with minimum limits of One Million Dollars (S 1.000,000) per occurrence. ❑ Professional Liability ("Errors and Omissions") insurance with minimum limits of One Million Dollars (S1.000.000.00) per occurrence. 3 CI314-014CRAIG A. SMITH& ASSOCIATES S 11 B 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 (S1.000,000) per occurrence. One Million Dollars (S1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars (S500.000) 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 subroeation 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 01314-013 CRAIG A.SMITH & ASSOCIATES S I B 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 0314-014 CRAIG A.SMITH & ASSOCIATES S I 6 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 he 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 p SIB 0314-014 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 (5100.00) 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 ^1 D 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 Riven 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 (1t pt�� C1314-014 CRAIG A. SMITH & ASSOCIATES �+ I 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. WITN5S: C G A-SMIT. : ASSOCIATES moi... r .., —i a,1., Signature BY: Stephen C.Smith, '.E., President I' 'A4 eaege 6tiISe Print Name ATTEST: CITY OF SUNNY ISLES BEACH 8c--sa'v' L. . .+�/ BY: 417-Yil: I .1'de, A Jane A. Hines, MMC, City Clerk N. tan S. Edelcup, Mayor / APPROVED AS TOFORM AND LE c 4,CIENCY ialA d'! s Sr of City Attorney 9 CI314-014 CRAIG A.SMITH&ASSOCIATES SIB CRAIG A. SMITH & ASSOCIATES 7777 Glides Road - Suite 410 - Boca Raton,Florida 33434 • COMA/MC B.1111.ZERS • SURVEYORS •UT2I1TY LOCATORS •GRANT SPECLLLETS W W W . C 8 A 1 C A S M 1 T H . C 0 Y. 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 foi 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 . ] 12 . 822.2 - -56:1 . ] ATTACHMENT "A" 305 . 46 1.. 4410 V I 954 . ) 86 . 8927 791 . 9818 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 174`h Street as requested and described above. Fee $75,000.00 SIB 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 PERMUTING 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 $133305.50 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. SIB 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. .ncerely, f Frnik Stephen C. ' ith, P.E. Vice President Craig A. Smith &Associates Cc: Gene R. Schriner, P.E., CAS SIB ® A01/47:-= SVMVY\f Et /_:,. -�A City of Sunny Isles Beach . - 18070 Collins Avenue (G .`' 1= `` Sunny Isles Beach, Florida 33160 • '4. >0-------•%"'-- ' k' (305) 947-0606 City Hall `''• O. s%•,` (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 IOD (11 I j fate 1/1612014 V\ I 61 • • ATTACHMENTS: • Resolution • Agreement • • • • 110 Agenda Item pb.1 UD I B Date I/162W4 S 62 :asnax 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 ((p day of aQ¢ty 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 n is --20/047k3 . 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($504,754.40). 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated January 16, 2014 shall remain in Ml force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term,statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment"A"or"B". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: CRAIG A.SMITH, & ASSOCIATES • Signature _ller4 �� BY: S',/A , "A /I812 Stephen C. SmithP.E. Print Name v ATTACHMENT "C" S L B ATTEST: CITY O ' SU ' 'Y ISLES BEACH BY� 42BY: Jane A. Hines, MMC, City Clerk Geor_ H. Scholl, Mayor • APPROVED AS TO :ORM AND LEGAL SUFF V BY: / 11141 �a !rttino, City Attorney 1 CRAIG A. SMITH & ASSOCIATES 7777 Glades Road • Suite 410 • Boca Raton,Florida 33434 iiiii COhlUtlIL'GEIKD:EEAS • 5110.vEYORS •UTUTYIOCATORS •GRANTS'ECIA11ST$ W W W . C R A I G A S M 1 7 14 . C O M March 31,2015 Ms. Elka 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 ESOC. Specific descriptions of each task for these services are provided in this document as well. Task nos. E56A-E560 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 subconsuitant; 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 v s 4 . T e : . a : z 5 561 -90 ATTACHMENT "A" — 3 5 5 . 4 6 1 . 4 4 1 0 934 . 716 . 8127 91 . 91310 V 1 ✓ • Ns.Elka Unton-Dorsett NE 174th Street Roadway improvements Paget 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 E56D 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. Servkes 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 geotechnlcal 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 Sum 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 RN's. These services will be provided for a construction duration of 11 months. t, 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 SIB i Ms.Elka Linton-Dorsett NE 174th Street Roadway Improvements • Page 3 of 3 E568 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. 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Cone:we.m anal,m Yl'COSH rireyami as n aatarr.Cmewu.s43 I BIS .stc ..nhtrtlb!ati.a MerlSYMtl:K.eu.tiros. I (LO 5 NSII IS Si 1 5 4I11 11 .. ... . .. I _1 • -—-' - I I I 1 1 I 1 • 1 I 1 I IS I 1 .isi IS troll) SIS 1 :rs 2.1^,F City of Sunny Isles Beach t7- ,^j . -t 18070 Collins Avenue "NSunny Isles Beach, Florida 33160 i� ` o'C.;t 4' (305)947-0606 City Hall c''' o. St '" (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 9/15/2016 Ratifying the Third Amendment to the Agreement with RE: Craig A. Smith to Provide Engineering Services for the Reconstruction of the 174th Street Roadway Improvement Project RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: Craig A Smith is the Engineer of Record for the on-going 174th St project. Their scope of services has included Engineering Services for design and construction, as well as provision of a full time Senior Field Representative for on-site construction observation. Resolution 2015- 2400, which approved the 2nd amendment to the Craig A Smith contract, adding Construction Phase services, was based on an 11- month construction duration. Due to multiple factors, including but not limited to inclement weather, coordination with non-City owned utilities and modifications to the original construction scope of work, it is now necessary to extend the original contract duration by 6-months. This extension will bring the Consultants contract it in line with the Contractor's projected completion schedule. FUNDING SOURCE: 252 The amount not to exceed $168,502.00 from Account No. 300-5-5410- 465000-84001 & 450-5-5410-465000-84001. This brings the total not to exceed contract value to $673,256.40 ATTACHMENTS: Description Resolution Agreement Item Number: 10.1. 253