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HomeMy WebLinkAboutReso 2012-1995 RESOLUTION NO. 2012- 1 qq 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. TO PROVIDE TRAFFIC ENGINEERING SERVICES FOR THE CONSTRUCTION PHASE OF THE 183RD STREET CAPITAL IMPROVEMENT PROJECT, IN AN AMOUNT NOT TO EXCEED TEN THOUSAND SEVEN HUNDRED DOLLARS ($10,700.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the area at the corner of 183`/ Street and Collins Avenue has been a great concern to the City of Sunny Isles Beach due to traffic issues and the safety of students attending the Sunny Isles Beach Community School K-8; and WHEREAS, the shopping center owner (RK Associates) has suggested placement of an egress and ingress driveway 150 feet south of 183"1 Street to allow vehicles to enter into the shopping center from Collins Avenue instead of the driveway on 183`' Street; and WHEREAS, on March 17, 2011 via Resolution No. 2011-1694, the City Commission approved an agreement with Kimley-Horn & Associates, Inc., to provide professional engineering services for a traffic study of 183'1 Street and Collins Avenue prior to submitting for a driveway permit from the Florida Department of Transportation(FDOT); and WHEREAS, on April 25, 2011 Kimley-Horn & Associates, Inc. produced a traffic report which was necessary in order to obtain preliminary approval from Miami-Dade County and the Florida Department of Transportation prior to the development of the necessary driveway and signalization improvements in the area as required by the City; and WHEREAS, the City issued and advertised Request for Qualifications (RFQ)No. 11-11- 01 for Traffic Engineering Services for the 183 Street Capital Improvement Project, and on December 15, 2011 via Resolution No. 2011-1818 the City Commission approved an agreement with Kimley-Horn & Associates, Inc. for Traffic Engineering Services for 183 Street and Collins Avenue, in an amount not to exceed Nineteen Thousand Nine Hundred Dollars ($19,900.00), with a ten percent(10%) contingency to cover permits or submittal costs to FDOT; and WHEREAS, the City is now ready to go into the construction phase of the project, and Kimley-Horn & Associates, Inc. expressed the ability and desire to provide these services and submitted a proposal, and are qualified,willing and able to provide said services; and WHEREAS,the City Commission wishes to approve the First Amendment to Agreement with Kimley-Horn & Associates, Inc. to provide Traffic Engineering Services for the construction phase of the 183"' Street Capital Improvement Project, in an amount not to exceed Eight Thousand Two Hundred Dollars ($8,200.00), attached hereto as Exhibit "A", and Two R2012-Kimley-Hom First Amendment to Agmt 183 St COnstruction Phase Page 1 of 2 Thousand Five Hundred Dollars ($2,500.00) to cover permits and submittal costs, bringing the total amount not to exceed Twenty-Eight Thousand One Hundred Dollars ($30,600.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: Section 1. Approving the First Amendment to Agreement. The First Amendment to Agreement with Kimley-Horn & Associates, Inc., to provide Traffic Engineering Services for the construction phase of the 183r1 Street Capital Improvement Project, and to cover permits and submittal costs, in an amount not to exceed Ten Thousand Seven Hundred Dollars ($10,700.00), attached hereto as Exhibit"A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of November 2012. OPfrovil rman S. Edelcup, Mayor ATTEST: i n aim Jane A. Hines, CMC, City Clerk Approve e • s to Form and Le . :u% ncy: Tans'i tti !r,' ity Attorney Moved by: 1.et Mitijov T4JkLcJ? Seconded by: CID nnnrYW1)14-.t n Are,l_1DA) Vote: S-0 Mayor Edelcup V. (Yes) (No) Vice Mayor Thaler ✓(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Gatto Yes) (No) Commissioner Scholl (Yes) (No) R2012-Kimley-Horn First Amendment to Agmt 183 St COnstruction Phase Page 2 of 2 ,,ON"Y�flf }C.* ,- •s FIRST AMENDMENT TO THE AGREEMENT BETWEEN q THE CITY OF SUNNY ISLES BEACH AND KIlVILEY-HORN AND ASSOCIATES,INC. r,sr lYM l�� CONTRACT NO. C1112-071 This First Amendment to the Agreement betty the City of Sunny Isles Beach and Kimley- Horn and Associates,Inc.,executed this i Slday of NNUEPAQ .- ,2012,is made a part of the original Agreement between the parties dated December 29,2011,(the"Agreement")between the City of Sunny Isles Beach("City")and Kimley-Horn and Associates, Inc. ("Consultant") a business corporation licensed in the State of Florida,whose Federal Identification#is 56-0885615. The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the Agreement between the parties is hereby amended to include limited construction phase services("Additional Services"),as more particularly in Attachment"B",attached hereto and incorporated herein by reference. 2. ADDITIONAL COST. The total compensation to the Consultant,as set forth in Section 4 of the Agreement, is hereby amended to include additional compensation in an amount not to exceed Eight Thousand Two Hundred Dollars ($8,200.00) for the Additional Services and an amount not to exceed Two Thousand Five Hundred for Reimbursable Expenses. Total additional compensation should not exceed Ten Thousand Seven Hundred Dollars($10,700.00). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated December 29, 2011, shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this document as of the date mentioned above. i-- KLMLEY HORN AND ASSOCIATES,INC. Print Name ent 1-l•L1n�c� F: Sc�,.,,i���, QCt Sr. QM ,,ATTEST: CITY + SUNNY ISLES BEACH OMB&'� '� :I By: f/�l. / Jane&Hines;City Clerk o 11. S.Edelcup,Mayor APP s VED AS TO FORM r AND L. i S CIENCY B : IAAIh1I ro 'R•t Ci: Attorney Kimley-Horn and Associates,inc. • MO South Congress Ave. Siae100 Delray Beads,Fl 33445 AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CLIENT AND KIMLEY HORN AND ASSOCIATES,INC. AMENDMENT NUMBER 01 DATED September 27,2012 TO THE AGREEMENT between the City of Sunny Isles Beach(hereinafter referred to as the "Client"or the"City")and Kimley-Horn and Associates, Inc., (hereinafter referred to as "KHA", "We", or the "Consultant") dated December 29th, 2011 ("the Agreement") concerning the RK Village Plaza traffic engineering services project located on Collins Avenue south of 183`I Street, in the City of Sunny Isles Beach, Florida, (hereinafter referred to as the "Project"). The Consultant has entered into the Agreement with the Client for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by the Consultant and provisions for additional compensation by the Client to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment,all of which are incorporated by reference. KIMLEY-HORN AND ASSOCIATES,INC. ,e. ;4'?' 6L- asn Matson,P.E. Jason Webber,P.E. Senior Vice President Project Engineer AGREED TO THIS DAY OF ,2012 CITY OF SUNNY ISLES BEACH ATTEST • By: Norman S.Edelcup,Mayor (Print Name) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Hans Ottinot,City Attorney • TEL 561 330 2345 EXHIBIT "B" • p- Kimley-Hom - 1 and Associates,Inc. RK Village Plea Amendment 1,September 27,2012,Page 2 of 4 Exhibit A to Amendment Number 01 Dated:September 27,2012 The following Additional Services are required for the Project.The services to be performed by Consultant will be in accordance with the Agreement are modified to add/include the following Additional Services: SCOPE OF SERVICES Task S—Limited Construction Phase Services 1. Visits to Site and Observation of Construction(up to ten(10)site visits) a. Provide on-site construction observation services during the construction phase of the subject project. b. Make visits to the site at intervals as directed by Client in order to observe the progress of the work. Such visits and observations by KHA are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on KHA's exercise of professional judgment. Based on information obtained during such visits and such observations,KHA will determine if Contractor's work is generally proceeding in accordance with the contract documents,and KHA shall keep Client informed of the general progress of the work. c. The purpose of KHA's visits to the site will be to.enable KHA to better carry out the duties and responsibilities assigned in this Agreement to KHA during the construction phase by Client,and, in addition,by the exercise of KHA's efforts,to provide Client a greater degree of confidence that the completed work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. KHA shall not, during such visits or as a result of such observations of Contractor's works in progress,supervise,direct,or have control over Contractor's work,nor shall KHA have authority over or responsibility for the means,methods,techniques,equipment choice and usage,sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work,nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly,KHA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 2. Recommendations with Respect to Defective Work. Recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, KHA believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 3. Clarifications and Interpretations. Issue necessary clarifications and interpretations of the Contract Documents to Client as reasonably requested. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by Client. 4. Change Orders. Recommend Change Orders to Client, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 5. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to accuracy or completeness of details or construction means or methods. KHA is not responsible for any deviations from the Contract Mi� Kimley-Hom llili• and Associates,Inc. RI(VOlage Plaza Amendment I,September 27,2012,Page 3 of 4 Documents not brought to KHA's attention in writing by the Contractor(Site/Civil submittals only). Scope of work consists of a maximum of four (4) packages with a maximum of two (2) review iterations per nacka¢e. Packages are anticipated to consist of asphalt pavement design and limerock base supply testing information. concrete mix design for curbing, water/fire materials. and ohmage/striving/flexible delineator posts. 6. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 7. Inspections and Tests. Require such special inspections or tests of Contractor's work as KHA deems appropriate,and receive and review certificates of inspections within KHA's area of responsibility or of tests and approvals required by laws and regulations or the contract documents. KHA's review of such certificates will be for the purpose of'determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the contract documents. KHA shall be entitled to rely on the results of such tests and the facts being certified. 8. Disagreements between Client and Contractor. As necessary, render written decision on claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions,KHA shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 9. Limitation of Responsibilities. KHA shall not be responsible for the acts or omissions of any Contractor,or of any of their subcontractors,suppliers,or of any other individual or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. 10. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use hi company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, KHA considers the work substantially complete; KHA shall notify Client and Contractor.Scope pons'sts of up to one(1)substantial completion review. 11. Final Notice of Acceptability of the Work. Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that KHA may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, KHA shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of KHA's knowledge,information,and belief and based on the extent of the services provided by KHA under this Agreement and based upon information provided to KHA upon which it is entitled to rely. Scope consists of up to one(1) final completion reviews. 12.As Built Review: KHA will review as-builts provided by the contractor for conformance with the approved plans. Scope of work consists of a max'I o urn of two 2 iterations of as-built review. 13. Construction Certification of Completeness to Permitting Agencies: Upon satisfactory completion of the work and submittal of satisfactory as-built drawings by the contractor, the Consultant will notify the Client that the project has been completed and that based on our periodic site observations and information provided by the contractor that the project has been constructed in general compliance with the site civil plans, specifications and permit conditions. Certifications will be provided to the City of Sunny Isles Beach. Miami Dade County Fire Department, and the Florida Department of Transportation. 11■—r1 Kimley-Hom and Associates,Inc. RK Village Plata Amendment 1,September 27,2012.Page 4 of 4 FEE AND BILLING KHA will perform the services in Task 5 on a labor fee plus expense basis with the maximum labor fee of S 00. KHA will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. KHA reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed according to the attached rate schedule,which is subject to annual adjustment As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications,in-house reproduction,postage, supplies,project related computer time,and local mileage. Administrative time related to the project may be billed hourly. All permitting,application,and similar project fees will be paid directly by the Client Payment will be due within 25 days of your receipt of the invoice. Preview Page 1 of 2 4o""Y' ` E �,� City of Sunny Isles Beach = 18070 Collins Avenue 4 si = Sunny Isles Beach,Florida 33160 • f /p p 5'4?. *f VIA 44* (305)947-0606 City Hall or 5uN P. (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Helen Gray, PE, City Engineer DATE: 11/15/2012 RE: A Resolution Approving Contract Amendment with Kimley-Horn & Associates for Construction Phase Services for the Collins Avenue Access Just South of 183'd Street RECOMMENDATION: It is recommended City Commission approve the contract amendment. REASONS: Design is complete, permits in process, and a Change Order approved for the construction of new Collins Avenue driveway access into the commercial center just south of 183rd Street. To implement this project, as well as to provide for required permit closeout documents and associated certifications with FDOT,North Miami Beach Water, and the City, construction phase services from the Engineer of Record are needed. Included in these construction phase services is review of shop drawings and samples, issue clarifications and interpretations on the construction documents, periodic site visits, certification of the improvements with permit agencies and related services. In addition, the additional contract amount includes a $2,500.00 allowance for reimbursement of direct permit costs (no markup) that were paid to various agencies on the City's behalf by the consultant. COST: Cost not to exceed$10,700.00. FUNDING SOURCE: http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=907&MeetinglD=O&MeetingDate... 11/9/2012 Preview Page 2 of 2 Funding is available in account number 11-600-5685 http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=907&MeetingID=O&MeetingDate... 11/9/2012