HomeMy WebLinkAboutReso 2012-1884
RESOLUTION NO. 2012- I e~~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST
AMENDMENT TO AGREEMENT WITH CRAIG A. SMITH &
ASSOCIATES, TO PROVIDE CIVIL ENGINEERING SERVICES
FOR PHASE II OF THE 174 STREET DRAINAGE
IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED
SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID FIRST AMENDMENT TO AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to obtain engineering services for the 174 Street Drainage
Improvement Project that will alleviate the ponding of stormwater runoff in an area along the
174 Street roadway right-ot~way abutting the southern property line of the Walgreens property,
City staff issued and advertised RFQ No. 11-11-02 for Civil Engineering Services; and
WHEREAS, on December 15,2011 via Resolution No. 2011-1819, the City Commission
awarded RFQ No. I I -I I -02 to and entered into an Agreement with Craig A. Smith and
Associates, for Civil Engineering Services for 174 Street Drainage Improvement Project, in an
amount not to exceed Nine Thousand Dollars ($9,000.00), with a ten percent (10%) contingency
to cover permits or submittal costs to FDOT for a total amount of Nine Thousand Nine Hundred
Dollars ($9,900.00); and
WHEREAS, the City is now ready to go into Phase II of this project, and Craig A. Smith
& Associates, expressed the ability and desire to provide these services and submitted a proposal;
and
WHEREAS, the City Commission wishes to enter into this First Amendment to the
Agreement with Craig A. Smith & Associates, for Civil Engineering Services for Phase II of the
174 Street Drainage Improvement Project, in an amount not to exceed Sixty-Five Thousand
Dollars ($65,000.00), bringing the total amount not to exceed to Seventy-Four Thousand Nine
Hundred Dollars ($74,900.00), 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 I. Approval of First Amendment to Agreement. The First Amendment to Agreement
with Craig A. Smith & Associates, Inc., for Civic Engineering Services for Phase II of the 174
Street Drainage Improvement Project, in an amount not to exceed Sixty-Five Thousand Dollars
($65,000.00), attached hereto as Exhibit "A", is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said First
Amendment to Agreement.
R2012- Craig A Smith 1st Amd to Agmt Phase II 174 5t Civil Eng Srvs
Page I of2
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 28th day of March 2012.
ATTEST:
':,(\(l~~
~;',,cMC' Ci<, CJ,,'
": :'.;;
Approve As to Form and
Legal Suf n
Moved by:
Seconded by:
~l'c.t ri\~y ~M-~'R.
(' Jl ~~ A6 L\. Do.)
Vote: <;;-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
v(Yes)
v(Yes)
--vr(Yes)
~:(Yes)
_(Yes)
(No)
_(No)
_(No)
(No)
(No)
R2012. Craig ^ Smith I SI Amd to Agmt Phase 11174 St Civil Eng Srvs
Page 2 of2
. FIRST AMENDMENT TO THE AGREEMENT BETWEEN
..... THE CITY OF SUNNY ISLES BEACH AND CRAIG A. SMITH & ASSOCIATES
CONTRACT NO. Cl112-024
This First Amendment to the Agreement between the City of Sunny Isles Beach and Craig A.
Smith & Associates, executed this 2?," day of ~, 2012, is made a part of the original
Agreement between the parties dated December 15, 20 II, and incorporated herein by reference,
("Agreement") between the City of Smmy Isles Beach ("City") and Craig A. Smith & Associates
("Consultant") a business corporation licensed in the State of Florida, whose Federal Identification # is
59-2010476. The City and Consultant hereby agree as follows:
1. SERVICES TO BE PERFORMED. The scope of services, as set forth in Section 2 of the
Agreement, is hereby amended to include Phase 2 of Request for Qualifications No. 11- I 1-02, i.e.
Engineering Design, Survey, Utility Locates, Permitting, Inspection & Certification to construct a storm
water pipe system to connect the existing inlets where possible and tie into existing outfall to allow for
positive discharge, as more particularly described in Attachment "A" attached hereto and made part
hereof.
2. COSTS. The payments to the Consultant, as set forth in Section 4 of the Agreement, is hereby
amended to include compensation for Phase 2 of Request for Qualifications No. I I - I 1-02, in an amount
not to exceed Sixty Five Thousand Dollars ($65,000.00) for the services to be performed, bringing the
total amount not to exceed Seventy Four Thousand Nine Hundred Dollars ($74,900.00).
3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated December 15, 2011, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned
above.
CRAIG A. SMITH & ASSOCIATES
B~ ?-1':. V.T'.
Signature and Title
ATTEST:
CITY OF SUNNY ISLES BEACH
B~ f\ ~l~
Jane A. Hines, CMC, City Clerk
BY:
~..... r ~')
'-l\. ~ (':.
VI,.'"
C11I2.024 FIRST AMENDMENT TO CRAIG A SMITH & ASSOCIATE
CRAIG A SMITH & ASSOCIATES
7n7 Glades Road. Suite 41 0 . Boca Raton, Florida 33434
tONjUj.T1NG.ltiGINEERS .. ~U~ORS ... unUTY LOCATORS .. GRANT SPECIALlm
Mr. I..:iIOVanm l:latista, P.E., C.G.C.
Public Works Director/City Engineer
City of Sunny Isles Bea~h
18070 Collins Avenue
Sunny Isles Beach, FL 33160
WWW.CRA1GASMITH.COM
RE: 174lh Street Storm Water Improvements
Dear Mr. Batista,
Per our December 12, 2011 proposal to you, we have performed and concluded the
investigative portion of Phase 1. As proposed, we performed investigation inclusive of
both records research and field investigation. Records research proved to be lacking in
information, so the majority of the work completed was very labor intensive as our field
crews were not verifying record information provided, but rather finding what storm
water infrastructure exists above and below ground.
-We began our research by requesting information from Sunny Isles Beach; Florida-
Department of Transportation, Miami-Dade County and South Florida Water
Management District. We simultaneously deployed our field crews utilizing the limited
. information provided by the City to determine what facilities exist in and around the
project area on 174th Street. .
The surface features including the roadway storm water inlets on 174th were easily
discovered, however the subsurface features were a bit more of a challenge to
determine the location, length, size, type, etc. We were able to utilize both our
inspection crews and utility location crews to make the necessary determinations. Our
inspection crews assisted with their knowledge and experience while our utility locates
crews were able to use their tools including Ground Penetrating Radar, to determine the
size and length of the underground storm water pipes.
The good news is that there are quite a few storm water inlets on 174lh Street which are
standard FOOT style curb inlets. The bad news is that the majority of the existing inlets
on 174lh Street are not interconnected. This means that the inlets typically do not
connect via pipes which eventually discharge into the intracoastal waterway. For the
most part each inlet was constructed with a short length of perforated pipe (10 to 20
feet) in each direction from the underground structure with an exfiltration trench
surrounding it to allow the storm water entering the inlet to soaklexfiltrate into the
ground. The other good news is that despite the fact that interconnected pipe is lacking
on 174lh Street, there are positive outfalls which exist at North Bay Road and between.
the two most eastern condominiums on the south side of 174lh Street.
I have attached a sketch of the inspected areas with the information requested to give
you an idea of what current storm water facilities exist on 174lh Street. We have
provided this information with an aerial background to make it easy for viewing.
954.782.8221 -561.791.9280
95 4 .786. a , 2 7
Attachment "Au
<'" I
I', ~ n
, I fJ
Phone
F ..
-561.314
At this time I believe the City has 3 options:
1) Do nothing and continue to have the street flood and residents complain (not
advisable by CAS).
2) Clean and rehabilitate the existing limited perforated pipe/trench system, which is
a temporary solution to the problem (only advisable by CAS if the City does not
have funds budgeted for storm water improvements).
Estimated Cost:
Engineering Coordination - $500
Contractor Cleaning - $2,500
3) Construct a storm water pipe system to connect the existing inlets where
possible and tie into existing outfall to allow for positive discharge. (best and
advisable by CAS long term solution provided the City has the funding available
or plans to make the funds available).
Estimated Cost:
EngiruteringDesign..Survey,J.JtilityJ-9cates, Permitting, Il}spection &.Certification
- $65,000 -- .
Construction - $325,000
In conclusion, our opinion is that the best and long term solution to the ponding problem
the City is having on 174lh Street is to construct a positive drainage system.
Unfortunately, it is also the most costly. Please let me know how the City would like to
proceed and understand that we are happy to help in whatever decision you make.
Should you have any questions or need any additional information, please do not
hesitate to contact me directly.
St phe C. mith, P.E.
Vice Presiden , Craig A. Smith & Associates
Cc: Gene R. Schriner, P.E., CAS
SIB
'I
I,
~.11
, Ii
~
l. ~
"
1;'';'
~;
.\.1
.t
:<i
- r ~
,
n.,
.1
'J -
. ,;;.. ~.:~.:'\
:.
. ,
...--J,o--"'e
(fl
W
-l
(fl
~
>-
z
z
=>
(fl
u..
0
~
u
.-
~
o
I
X
(fJ
I-
Z
w
t;:j2J
w>
0:::0
1-0:::
(flD...
::2:
:r::-
~O:::
r--,w
~~
w:S:
.z.
::2:
0:::
o
I-
(fJ
'.I....,nw".".''''''"'...J~'',.,.''''."\"mzo\_~"''..")\" \<) I f-?
\l'ilO.lSJSHIS~l;I!.'M:;'H9HI\IIOt\d '-"
'I
II
~.l~
, Ii
N
o
I
x
-I
VJ
I-
Z
W
1:;JC5
w>
00:0
I-Ct:
UlCL
::;;:
I-
~Ct:
I"--W
~~
W:S:
-2
::;;:
Ct:
o
I-
VJ
."
do,? ,.
-
'...,.
.
'~r
1,
,
l ,... ~ ;
) I ,.<
i r Ul
w
\1'0' -l
\' ,n' Ul
. !
>-
2
r 2
:J
Ul
LL
,."..Pl' 0
,
1 .\...... ~
I J;
~ 0
I. I.
. ~.::::..:::::~.:..
': :.;.~.__~~_. :='1
,., - -
I'" - .
SIB
\
I
,(, ::..-~',' "0"
. AJ,~,~~,-. I 1.b"""7;.
1:11"':, -.-.__./ tr!t~" .l.;'/..l:'!~
<A" ~. j . ll:.
\ ~_ ~ -, < 1:",.,
' ~. .' ,- \"i-~'t;'
\ :.."\7-. ~ ~
\', Iii t::C'
. J: , ~ i" ~ " '. r,:,',;,1lf"
< l '~Js .~; "
.. ~:: (1; ;. fil''': 1: '~~.-~ - ,;-
=~~. \\ 'r';11 '.{: ..~tL t J ~
~' .=- \\ 't:~.--) ~ ~.~-,{! - . I
I --.;I.~.i' ''''.'' ~, -1c-tf~ j:', . ".: . .
~._-~--~ .,:l~"';::"'. A ..:lcr"': t\~~. '$Ui. . ,"_ -~ ~--
.J_~. \- .,.~> ..... 1t~1J. ;;lz .
.. "''-~' \11 ~. .'. "'___~~"'-'
ii_l.\t 11 .. ~^et~' tr~'-' ~~~=_
I ,l' " L,,: . . '--~II.B~ C-~...~
~. , 1" ":t;~: ~.'.;-r-:;:?t"~~':'~;-- -;:J;,.,~-::~:,
~,.t~r..~ {.J~U~:, .~'J~~
, -1i:; -~\.:,t::,Pt.~~tP.s.'~1~"i:fJ!1~1t"~,,,W;~~~
'-~ ~: i ~:;~~.{('~~lrn~~...tmi3
'I
i,
~,11
, Ii
:
~I
11
~I
u:
".=~. ....' ~""'_,: _'to :'1jf:r;,
~~ ~~. -.. ~ .. '. \......)-~":J.'"'fl
.'" 1 ~ 0" '!. '. t'~ f"'~t
,,~""" 1"=.JlJ ]\1~~t """" ~>S!',~. .~~II)~~\ ;
, ~ \~'-.. '.. ,-~"" , . '. ~.~..".., '.' S';S~-<;~~l. Yo 1
"....l-~} i""""'1"~"e.~-~~'_"'A' ~~..~.."
<f,le~~ 4 '~~>~... --:. ~., : ,,' i ~~ ~..
m, " , , . 1f !i~ ~ lR:,i,k.!IiIlitiLl ~.., ','
~l;',13. [If r . - -; A:'I,',<. ;p,{~
.,;~:;k~.':% ~ ." .t or. .~- ""'i'
~,.'-" c-- -c- -;- '-{J,-t'~'"
. ~ ..I'"'. ..
..;'\' ~~~'~
,.
. .
,,~\ ~;
. .
r,; ..
.
. , -
'A
.. ~
"~.~~ ~.,
\. <',
':":.=-:'.,:
;.. ..--",",'.
. I,
I.
,~,~., ,.
. i.
. ;"
-, . ."
. . .
d~ i.
...~~~ ~ :t.l..
'0:. ......
'tli~
,,~.
\ <~..
.
~;
j
..'::'t
. ,
1
n
o
I
x
Ul
I-
Z
w
1-::2'
WW
w>
0::0
1-0::
UlCL
::2'
:r:-
1-0::
'<Tw
"I-
~-<
wS:
Z::2'
0::
o
I-
Ul
Ul
W
-l
Ul
r
Z
Z
::J
Ul
lL.
o
,
,.
"
....1 I
~
o
~
II ..,.,.,........ .Wd 9(Xl'1 ZlOl16/1 t<ov .kD\H;)-X.~..9HO\o;'N'~-lO\~\"""'''''''..vo\J\'/l w.t:lJ$ X HI ~,'lli l:W';'~~9HI\IIOZ:\'d
S' J !)
llJ
'I
i~
~:Il
~I
~ I
II
u:
'-I"
o
I
X
(f)
f-
Z
W
'-
Il
'" .
iI..!::.
.
'j
(f)
.~ W
-l
.~ (f)
.-
. >-
z
z
~
(f)
L1-
0
'1
. .
-~ -
-, ~~< ~
"~I
- ~
:~ . -,J' ,o~~~ ~';"~;:~~~-
.' ~wl1N
t~!i~'t!':,
raj~
'::;a-;
.. :1r:;{"i
~
u
SIB
RESOLUTION NO. 2011- \ <;5 A-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFQ NO. 11-
11-02 TO AND ENTERING INTO AN AGREEMENT WITH
CRAIG A. SMITH & ASSOCIATES, INC. TO PROVIDE CIVIL
ENGINEERING SERVICES FOR THE 174 STREET DRAINAGE
IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED
NINE THOUSAND DOLLARS ($9,000.00), ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to obtain engineering services for the 174 Street Drainage
Improvement Project that will alleviate the ponding of stormwater runoff in an area along the
174 Street roadway right-of-way abutting the southern property line of the Walgreens property,
City staff issued and advertised RFQ No. I 1-11-02 for Civil Engineering Services; and
WHEREAS, after staff review and consideration, Craig A. Smith and Associates, Inc. is
being recommended for the award ofRFQ No. 11-11-02 as well as an agreement for professional
services based on relevant experience, qualifications, past performance, and the firm's knowledge
of the intersection in question; and
WHEREAS, Craig A. Smith & Associates, Inc. expressed the ability and desire to
provide these services and submitted a proposal, and Craig A. Smith & Associates, Inc. are
qualified, willing and able to provide said services; and
WHEREAS, the City Commission wishes to enter into an agreement with Craig A. Smith
& Associates, Inc. for Civil Engineering Services for 174 Street Drainage Improvement Project,
in an amount not to exceed Nine Thousand Dollars ($9,000.00), attached hereto as Exhibit "A",
with a ten percent (10%) contingency to cover permits or submittal costs to FDOT.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of RFO and Approval of Agreement. The City Commission hereby awards
RFQ 11-11-02 to and enters into an Agreement with Craig A. Smith & Associates, Inc., for Civic
Engineering Services for 174 Street Drainage Improvement Project, in an amount not to exceed
Nine Thousand Dollars ($9,000.00), attached hereto as Exhibit "A", with a ten percent (10%)
contingency.
Section 3. Authorization of Mavor. The Mayor IS hereby authorized to execute said
Agreement.
R2011. Craig A Smith Agml174 St Civil Eng Srvs RFQ ll-II.02P
Attachment "A"
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of December 2011.
ATTEST:
&A~
Jane A. Hines, CMC, City Clerk
Moved by:
Seconded by:
Vote: S-O
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
-----1L{Y es)
V (Yes)
~Yes)
-I/'" (Yes)
V(Yes)
\!~u Mr.v WAc\JC.i2.
(1 - '
.l\Vh^,,^;-;:'). I.NIIlA 'A;:r .L \ n;:J
-
_(No)
_(No)
_(No)
_(No)
_(No)
R2011- Craig A Smith Agmt 174 St Civil Eng Srvs RFQ 11.1 I-02Page 2 of2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND CRAIG A. SMITH AND ASSOCIATES, INC.
CONTRACT NO. C1112-007
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate,
this \S'tt day of ~JEM&?(2-, 2010, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and CRAIG A. SMITH AND
ASSOCIATES, INC. a corporation authorized to do business in the State of Florida (hereinafter
referred to as "Consultant") whose Federall.D. # is t; 'j " 20 \ 0'4-1(0
RECITALS
WHEREAS, the City is in need of a consultant to provide engineering consulting
services for the 174th Street Drainage Improvement Project that will alleviate the ponding of
stormwater runoff in an area along the 174th Street roadway right of way abutting the southern
property line of the Walgreens property ("Services"); and
WHEREAS, the City issued Request for Proposal No. 11-11-02 for Civil Engineering
Services and the Consultant submitted a response and was selected as the lowest responsible,
responsive bidder in response thereto; and
WHEREAS, Consultant is a certified and insured company with the necessary
experience to provide the desired Services; and
WHEREAS, the City wishes to contract with Consultant to provide the desired Services
as more particularly described in Attachment "A" for a total amount not to exceed Nine
Thousand Dollars ($9,000.00) with a ten percent (10%) contingency to cover permits or
submittal cost to Florida Department of Transportation ("FDOT").
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 shall provide Services, as specified in Phase I, and as more
particularly described in Attachment "A" attached hereto and made a part hereof.
3. TERM. The term of this Agreement shall commence upon issuance of a notice to
proceed from the City Manager or his designee and shall terminate no later than 60 (sixty) days
thereafter.
4. COMPENSATION. Payment to Consultant for all charges and tasks under this
Agreement shall not exceed not to exceed Nine Thousand Dollars ($9,000.00) with a ten percent
(10%) contingency to cover permits or submittal cost to FDOT in accordance with this
Agreement and a schedule of charges reflected in Attachment "A". The Consultant shall make
Cll12-007 CRAIG SMITH AGREEMENT
Page I of8
sa In
~ ~ \)
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60
(305) 947-0606 phone (305) 949-3113 Fax
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 incw1'ed 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.
5. INDEPENDENT CONSULTANT 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 ill any other capacity other than as an
independent consultant 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. 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 coverages to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as more particularly set forth below:
(a) General liability insurance with limits of One Million Dollars
($1,000,000.00) combined single limit occurrence. Coverage must be afforded on
a form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
Premises and/or Operations.
Independent Consultants.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
Cl I 12-007 CRAIG SMITH AGREEMENT
Page 2 of8
\ ,.':
\....... \ .
'...) \ ..)
\..
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
The City of Sunny Isles Beach is to be named as an additional insured
with respect to liability arising out of operations performed for the City by
or on behalf of Consultant or the acts or omissions of Consultant in
connection with such operation.
(b) Professional Liability insurance - Errors and Omissions. The Consultant
shall maintain Professional Liability insurance including Errors and
Omissions coverage in the minimum amount of one million dollars
($1,000,000.00) combined single limits providing for all sums which the
Consultant shall be legally obligated to pay as damages for claims arising
out of the Services performed by Consultant or any person employed by
the Consultant in connection with this Agreement.
(c) Workers' Compensation insurance to apply for all employees in
compliance with the Workers Compensation Law of the State of Florida
and all applicable federal laws.
(d) Business Automobile Liability Insurance with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
Such policies of insurance shall not diminish Consultant's indenmification obligations
hereunder. The insurance policy shall be issued by such company, in such forms and with such
limits of liability and deductibles as are acceptable to the City and shall be endorsed to be
primary over any insurance, which the City may maintain. 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 appropriately endorsed
for contractual liability with the City named as an 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) calendar days prior written notice to the City Manager or his designee. The City
CI 1 12-007 CRAIG SMITH AGREEMENT
Page 3 of8
,
r: \
\) j
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Consultant hereunder.
7. OWNERSHIP OF DOCUMENTS AND EOUlPMENT. 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.
8. DUTY TO INDEMNIFY AND HOLD HARMLESS. Consultant agrees to indenmify
and hold harmless, the City, its officers, agents, employees from, and against any and all claims,
actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal,
economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity,
which may arise or may be alleged to have risen from the negligent acts, errors, omissions or
other wrongful conduct of the Consultant, its agents or employees or any other personal entity
acting under Consultant's control in connection with the Consultant's performance of Services
under this Agreement and to that extent the Consultant shall pay such claims and losses and
shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses including wrongful termination or allegations of discrimination or harassment,
and shall pay all costs and attorneys' fees expended by the City in defense of such claims and
losses including appeals. The parties agree that ten percent (10%) of the total compensation is a
specific consideration from the City to the Consultant for this indemnity.
9. TERMINATION.
A. If, through any cause within the 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 seven
(7) days to cure such default. If the default remains uncured after seven (7) days the City may
terminate this agreement
(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 payments 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.
CIIIZ-OO? CRAIG SMITH AGREEMENT
Page 4 of8
\ 1~~1
(' \ ':.i
~) . ~
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
B. Termination for Convenience of Citv. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective seven (7) days following receipt by Consultant. The terms
of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. Termination for Insolvencv. 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.
10. ASSIGNMENTS, TRANSFERS. SUBCONTRACTING. The Consultant shall not
subcontract, assign, or transfer any work under this agreement with the prior written consent of
the City. Should the Consultant subcontract any services under this agreement, it shall be done
with continued liability for the Consultant. The Consultant shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Consultant.
II. 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.
12. 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 in a
court of equity for violating such provisions.
13. 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
CI I 12-007 CRAIG SMITH AGREEMENT
PageS of 8
, ~ :
y~'. \, _:)
~,., \ ',_..
,j
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such art as follows:
If to the City: Alan J. Cohen With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attomey
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792- I 701 Sunny Isles Beach, Florida 33 160
Tel: (305) 792-1702
......,.......................................,.... ..................................................................,....."...........................................................".....................................................................................................................
If to the
Consultant:
Stephen C. Smith, P.E.
Craig Smith & Associates, Inc.
777 Glades Road, Suite 410
oca Raton, Florida 33434
"" ".,'~!.:."(??~).?,~?:.~?..?,?"...,",...,,..,"',.,",'.."
14. GOVERNING LAW. This Agreement shall be governed by and construed In
accordance with the laws of the State of Florida.
IS. 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.
16. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
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
C1112-007 CRAIG SMITH AGREEMENT
Page 6 of8
\\.J
.'~, \ ,\ I
~.. \.."
,J'
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
17. 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
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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,
direct 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. No member of, or
delegate to the Congress of the United States shall be admitted to any share or part of this
agreement or to any benefits arising therefrom.
18. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document, including but not
limited to any attachments hereto.
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,
and may be amended, waived, changed, modified, extended or rescinded only by a writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
[Remainder of page intentionally left blank.]
C1112-007 CRAIG SMITH AGREEMENT
Page7of8
.', \ \"',
~,' 'I : J
", \..
1.;,;}
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CRAIG A. SMITH AND ASSOCIATES,
INC.
Si
\~
?l2es,~r
Print Name
WITNESSES:
Signature
Print Name
, ,
.' .~
CITY OF SUNNY ISLES BEACH
BY: ~~
ATTEST:
B'~Ab6' ~
. , Pi.. ...u
Jane A. Hin~s, CMC, City Clerk
C1112-007 CRAIG SMITH AGREEMENT
Page 8 of8
."
",," .
\~'" ',\ ~.'
), .-
\-..j
CRAIG ASMITH & ASSOCIATES
nn Glades Road. Suite 410 . Boca Raton, Florida 33434
CONSUlTING ENGINEERS .. SURVEYORS .. UTIUrr LOCATORS .. GAANTSPEClALlm
December 12, 2011
Mr. Giovanni Batista, P.E., C.G.C.
Public Works Directo/City Engineer
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
WWW.CRAIGASMrTH.COM
RE: 174lh Street Storm Water Improvements
Dear Mr. Batista,
It was great to meet you on Friday to discuss the problem and the potential solutions to
the flooding problem you are experiencing on 174lh Street west of Collins Avenue.
Craig A. Smith and Associates (CAS) is appreciative of the opportunity to assist the City
of Sunny Isles Beach with the current issue. Gene and I made a field visit to the area
immediately after our meeting to take a look and get a feel for the area in question. By
observation it is evident, as shown on the Storm Water Drainage Atlas you provided,
that drainage inlets are present, however it is not known whether the existing inlets are
, interconnected and tied to an outfall, tied to a "french drain" style system or potentially
some other type system. What we do know based on your input, is that the area in
question floods and storm water remains for an extended period of time, which is unsafe
and unacceptable to the City and its residents.
Since we have more "unknowns" than "knowns" with regard to the existing drainage
system, we propose to provide you with a phased proposal to resolve this problem.
This will keep the initial costs down and potentially eliminate some larger cost
altogether. Phase 1 will consist of investigation of the existing drainage system to
determine and a proposed conceptual/preliminary design, Phase 2 will consist of
engineering design and permitting and Phase 3 will include bidding and construction.
Phase 1
CAS will first request the records which are in the City's possession which may be of
assistance to determine the extent of the existing storm water system. We will also
request record and permit information from Miami-Dade County, Florida Department of
Transportation and South Florida Water Management District. Simultaneously we will
conduct a field investigation to gather both above ground and below ground storm water
features/facilities. This will be accomplished by utilizing CAS survey, utility locates,
inspection and engineering staff where applicable. The cost for this investigation will be
$6,500.00. .
ATTACHMENT "A"
Page 1 of 3
..-
Ph 0 n e
Fox
(, .,. . .
5 Ii I . 3 I 4 . 4 4 4 5 ----:-- 3 0 5 . " Ii I . 4 4 I ~o., '\ ,,~.'
5 Ii I .79 I .98 I 8 ....J v
954.782.82.22 561.791.9280
9 5 .. .7 B 6. 8 9 2. 7
Dependant on the findings, we will make a recommendation or recommendations to
proceed with a solution to the flooding problem being experienced in the identified area.
For example, if we determIne that the existing drainage inlets are interconnected with
piping and a positive outfall which are not working due to silt and debris clogging the
pipes, we will recommend maintenance to clear the pipes and relieve the flooding. If we
determine that a piping system does not exist and the area relies on an exfiltration
trench system which is clogged due to age and lack of maintenance, we may
recommend cleaning/rehabilitation of the system or installation of a new system. The
cost to identify possible solutions, make a recommendation and provide a
conceptual/preliminary design solution will be $2,500.00.
Total Cost for Phase 1
$9.000.00
Phase 2
In an effort to provide you with some estimated costs associated with the solution to this
flooding problem, CAS is providing below some possible solutions and estimated
engineering and permitting costs associated with them.
Option 1 - Cleaning/rehabilitation of existing storm drain system (1900LF).
Engineering fee for coordination and direction to contractor-$2,500.00
Option 2 - Cleaning/rehabilitation of existing exfiltration system.
Engineering fee for coordination and direction to contractor-$500.00
Option 3 - Installation of exfiltration trench (200 LF)
Engineering fee to design and permit (incl. $1,000 for exfiltration test)- $4,000.00
Option 4 - Connection to existing FDOT drainage system.
Engineering fee to design and permit - $8,000.00
Option 5 - Construction of Storm Drainage Pipe System with outfall.
Engineering fee to design and permit - $25,000.00.
Phase 3
In an effort to provide you with some estimated costs associated with the solution to this
flooding problem, CAS is providing below some possible solutions and estimated
bidding and construction costs associated with them.
Page 2 of 3
."
C?, \'\",;
t....J ,~
,
. "
Option 1 - Cleaning/rehabilitation of existing storm drain system (1900LF).
Contractor fee to clean system based on 1900 LF of existing pipe -$23,000.
Option 2 - Cleaning/rehabilitation of existing exfiltration system.
Contractor fee to clean system based on 200 LF of existing trench-$2,500.
Option 3 - Installation of exfiltration trench (200 LF)
Engineering fee to assist in bidding of project - $1,500.00
Contractor fee to construct - $48,000.
Option 4 - Connection to existing FDOT drainage system.
Engineering fee to assist in bidding of project - $2,500.
Contractor fee to construct - $65,000.
Option 5 - Construction of Storm Drainage Pipe System with outfall.
Engineering fee to assist in bidding of project - $4,000.00.
Contractor fee to construct - $325,000.
I trust the above information will provide you with what you were requesting at this time
and ask that should you have questions or need any additional information that you
contact me directly.
Thank you again for the opportunity to serve the City of Sunny Isles Beach.
Sine rely,
,
)
,/
Stephen C. Sm' ,P.E.
Craig A. Smith & ociates, Inc.
Cc: Gene R. Schriner, P.E., President CAS
Page 3 of3
"\ \-"'1
t, . ..)
"'. '( -'
,)
City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Isaac AeliolJ, Commissioner
Jeanette Gatto, Commissioner
George "Dud" Scholl, Commissioner
Alan J. Cohen, City Manager
lIans Ottinot, City Attorney
JIUle A. Hines, CMe, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Alan J. Cohen, City Manager
DATE: March 28, 2012
RE: Resolution Approving the First Amendment to Agreement with Craig A. Smith
& Associates for Roadway and Drainage Improvements
RECOMMENDATION:
Attached for your consideration is a Resolution approving the First Amendment to the
Agreement with Craig A. Smith & Associates for Phase II of the improvement of storm water
management on I 74th Street.
REASONS:
The City issued an RFQ to qualify a civil engineering firm to work on the capital project for the
improvement of storm water management on 1 74th Street. On December 15,201 I via
Resolution No. 2011-1819 the City Commission approved an Agreement with Craig A. Smith &
Associates for Civil Engineering Services for this Project, in an amount not to exceed $9,900.00
which included a 10% contingency to cover permits or submittal costs to FDOT. The purpose of
this initial contract was to perform investigatory work and determine the best method the City
should pursue to improve storm water management on I 74th Street.
Craig A. Smith & Associates determined during their due diligence work that the most
expeditious way to improve storm water management in the area was by utilizing an existing
outfall pipe that the City was not aware of. This Resolution approves the First Amendment to
Agreement with Craig A. Smith & Associates for Phase II of this Project to provide a detailed
design of the improvements and produce the requisite drawings for the City to issue a
construction RFP, in an amount not to exceed $65,000.00, bringing the total amount not to
exceed to $74,900.00.
Funding is available in Account No. 45-600-5691.
Agenda Item
3~
Date 3. - '2 ')?- t 7v