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HomeMy WebLinkAboutR-2024-070 Approving Amendment to Price for Kimley-Horn & Associates - Lift Station Design ContractRESOLUTION NO.2024--C2:IQ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AMEND THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC (KHA) FOR THE SEWER LIFT STATION AND EMERGENCY BACK-UP GENERATORS PROJECT TO MODIFY THE SCOPE AND INCREASE THE PRICE BY ONE HUNDRED TWENTY-THREE THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS ($123,375.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Qualifications under RFQ 20-008 on December 1, 2020, to contract with qualified consultants to provide general professional engineering services for design work for The Sewer Lift Stations and Emergency Back -Up Generators Project; and WHEREAS, on April 2, 2021, the Dania Beach City Commission approved Resolution No. 2021-056 authorizing an Agreement with KHA in the amount of $499,800.00 for design engineering services, including construction administration for nine sewer lift stations; and WHEREAS, KHA successfully completed the design and permitting of the project, however, a change in the plan to construct the lift stations requires an amendment to the construction management element of the KHA Agreement; and WHEREAS, KHA proposed an amendment to the Agreement increasing the cost by One - Hundred Twenty Three Thousand Three Hundred Seventy -Five Dollars ($123,375.00) to reflect the increase in construction management responsibilities from one project to multiple projects with multiple contractors, which Amendment is made a part of and incorporated into this Resolution by this reference as Exhibit `A'. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the appropriate City officials are authorized to amend the Agreement with KHA to increase compensation to $123,375.00 in order to expand the scope of construction management services as documented in Exhibit `A". Section 3. That funding for the additional funding in the amount of One Hundred Twenty -Three Thousand Three Hundred Seventy -Five Dollars ($123,375.00) will be funded via an appropriation of Sewer Fund Unrestricted Net Position Account No. 402-275-00-00 to Sewer Fund Sewer/Wastewater Services Account No. 402-35-28-535-31-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTE��Don � o 2024. Motion by l 40),, I • �' ,Ws second b/yVl CP CIL�% FINAL VOTE ON ADOPTION: Unanimous Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen _ — Mayor Archibald J. Ryan IV _ — APPROVED AS TO FORM AND CORRECTNESS: rOUTSIS ORNEY 2 RESOLUTION #2024-LO 0 FIRST AMENDMENT TO AN EXISTING AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED FOR DESIGN OF LIFT STATION GENERATORS PROJECT AS DESCRIBED WITHIN THE CITY OF DANIA BEACH REQUEST FOR PROPOSAL ("RFQ") NO.20-008. This is the First Amendment ("Amendment') to an Agreement (the "Agreement') dated July 20, 2021 and existing between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and WSP USA, Inc. ("Consultanf'), a foreign corporation registered to conduct business in and Kimley-Horn and Associates, Inc., (the "Consultant') a foreign corporation registered to conduct business in Florida with a local address of 8201 Peters Road, Suite 2200, Plantation, Florida 33334. In consideration of the mutual covenants, terms and conditions contained in the Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: WHEREAS, the City issued a Request for Qualifications under RFQ 20-008 on December 1, 2020, to contract with qualified consultants to provide general professional engineering services for design work for The Sewer Lift Stations and Emergency Back -Up Generators Project; and WHEREAS, on April 2, 2021, the Dania Beach City Commission approved Resolution No. 2021-056 authorizing an Agreement with CONSULTANT in the amount of $499,800.00 for design engineering services, including construction administration for nine sewer lift stations; and WHEREAS, CONSULTANT successfully completed the design and permitting of the project, however, a change in the plan to construct the lift stations requires an amendment to the construction management element of the CONSULTANT Agreement; and WHEREAS, CONSULTANT proposed an amendment to the Agreement increasing the cost by One- Hundred Twenty Three Thousand Three Hundred Seventy -Five Dollars ($123,375.00) to reflect the increase in construction management responsibilities from one project to multiple projects with multiple Consultants WHEREAS, both Parties acknowledge and agree upon the changes in Scope as shown in the attached scope and fee proposal amendment which is incorporated by this reference and attached to this Amendment as Exhibit "A". That in all other respects, the Agreement, and all Exhibits to it, are ratified and reaffirmed, and remains in full force and effect. I IN WITNESS OF THE FOREGOING, the parties have executed this Amendment effective as of 12024. ATTEST: ELORA RIERA, MMC CITY CLERK APPROVED AS TO LEGAL FORM: EVE A. BOUTSIS CITY ATTORNEY CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER 2 WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF CONSULTANT: Kimley-Horn and Associates, Inc. a foreign corporation registered to conduct business in Florida Signature PRINT Name Title Dated: 12024 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on 2024 by a of s Kimley-Horn and Associates, Inc., a foreign corporation registered to conduct business to Florida. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 93 Proposal for Engineering Services May 1, 2024, Page 1 EXHIBIT A — 2024 Update Project Understanding The CONSULTANT previously submitted a proposal to the City of Dania Beach for Professional Engineering Services for Design of Lift Station Generators (Request for Qualifications (RFQ) No. 20-008). The intent of the project was to improve nine (9) of the CITY'S existing wastewater lift stations by adding emergency generator systems at each lift station to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. In addition, pumping and mechanical equipment will be replaced to improve system performance, increase system efficiency, and reduce system maintenance. Project construction funding will be provided through the Hazard Mitigation Grant Program (HMGP) DR-4337-334-R as approved by the Florida Division of Emergency Management and the Federal Emergency Management Agency (FEMA). The proposed improvements and lift station locations are as follows: 1. Lift Station #1 — 50 SE 2nd Avenue, Dania Beach, FL Latitude 26.051436, Longitude-80.141779 2. Lift Station #2 — 400 SE 2nd Avenue, Dania Beach, FL Latitude 26.043996, Longitude-80.141271 3. Lift Station #3 — 1,200 SE 2nd Avenue, Dania Beach, FL Latitude 26.037217, Longitude-80.141271 4. Lift Station #4 — 1151 SE 5th Avenue, Dania Beach, FL Latitude 26.037480, Longitude-80.134690 5. Lift Station #6 — 631 NE 2nd Avenue, Dania Beach, FL Latitude 26.056302, Longitude-80.132441 6. Lift Station #11 —1,900 NE 7th Avenue, Dania Beach, FL Latitude 26.073392, Longitude-80.131624 7. Lift Station #12 —495 Taylor Lane, Dania Beach, FL Latitude 26.063492, Longitude-80.135659 8. Lift Station #15 —1,905 Tiger Tail Blvd., Dania Beach, FL Latitude 26.057559, Longitude-80.166094 9. Lift Station #16 —151 SW 18th Court, Dania Beach, FL Latitude 26.050014, Longitude-80.160244 The project objective was to evaluate the existing duplex submersible wastewater lift stations, determine capacities and operations for new lift stations, review minor gravity sewer and forcemain modifications for connection of new lift stations, evaluate existing site conditions to meet 500-year flood events for the proposed emergency generator systems, provide professional services for permitting and develop plans and specifications for the nine (9) lift stations for bidding. The original scope was based on developing the following three (3) bid packages with each package including three (3) lift stations: 1. Lift Stations 1,2 and 3 2. Lift Stations 4, 11 and 12 3. Lift Stations 6, 15 and 16 The original bidding and post design scope included one (1) pre -bid meeting and one (1) pre - construction meeting to cover all three (3) bid packages and periodic site visits during construction assuming that all nine (9) lift stations were in construction concurrently. That scope Q pp� Proposal for Engineering Services Icy )�� Ho 1 1 May 1, 2024, Page 2 did not include attendance at any progress meetings. Since that original scope was provided, the Lift Station 1, 2 and 3 package has been bid and awarded and based on the pursuit of alternative funding, the City requested that separate bid packages be developed for Lift Stations 4, 6 and 11 so that each lift station can be bid separately and so that each bid document can include an environmental study required by the funding agency. The City also requested the same additional services proposed for Lift Stations 4, 6 and 11 be provided for Lift Stations 12, 15, and 16. To date, all design and permitting services for the nine (9) lift stations have been completed as originally scoped and as mentioned above, the Lift Station 1, 2 and 3 Package has been bid and awarded. This scope of services it to provide the revised bid packages and associated environmental studies for Lift Stations 4, 6, 11, 12, 15, and 16 as well as replace the current Bidding and Post Design Services tasks with the following to address the original scope changes discussed above. Scope of Services The Scope of Services for the project will be provided by the CONSULTANT and its sub - consultant Bailey Engineering for electrical design. All field surveying and geotechnical services needed for design have been completed. Task 1 Separate Bid Packages and Environmental Studies Based on the pursuit of alternative funding, the City has asked the CONSULTANT to provide separate bid packages and associated Sea Level Impact Projection (SLIP) Study Reports for Lift Stations 4, 6, 11, 12, 15, and 16. • The CONSULTANT shall separate the current bid packages for Lift Stations 4, 11 and 12 and Lift Stations 6, 15 and 16 into separate bid packages for Lift Stations 4, 6, 11, 12, 15, and 16 for use in bidding. • The CONSULTANT will assist the City in preparing SLIP Studies for each of the six (6) lift stations. The CONSULTANT will provide the technical resources to develop the studies. The City will upload the information to the Florida Department of Environmental Protection (FDEP) as the account holder. • The CONSULTANT will respond to reasonable questions from FDEP. Task 2 — Bidding Services The CONSULTANT shall prepare an agenda and attend two (2) pre -bid meetings. One (1) meeting with be for the Lift Station 4, Lift Station 6 and Lift Station 11 Packages and the second meeting with be for the Lift Station 12, Lift Station 15 and Lift Station 16 Packages. Those six (6) packages will be bid separately, but the intent is to hold two (2) pre -bid meeting to cover three (3) lift stations at a time. The CONSULTANT shall respond to questions from prospective bidders. The CONSULTANT shall provide the City with supplemental information based on questions from prospective bidders during the bidding process. The City will prepare and provide addenda as needed. imlle! y»&/Horn Proposal for Engineering Services May 1, 2024, Page 3 The CONSULTANT shall review bids to determine the most responsible and responsive bidders and provide the CITY with recommendations for award of the construction contracts. Task 3 Post Design Services for Lift Station 1 2 and 3 Package The following scope is based on a twelve (12) month construction duration and on the post design hours shown below for the one (1) Lift Station 1, 2 and 3 Package. • The CONSULTANT shall review shop drawings, product data, cut sheets, and submittals to determine compliance with the drawings and specifications, and recommend submittal action to the CITY. • The CONSULTANT shall make periodic site visits for the purpose of determining general compliance with the approved project drawings and specifications. Site visits will be performed by the CONSULTANT's inspector. Two (2) site visit per month estimated at two (2) hours per visit. Assume twenty-four (24) site visits. The CONSULTANT will provide site reports for each visit. The CONSULTANT shall provide written responses to RFIs. Assumes 1 RFI per month. The CONSULTANT shall assist the CITY with review of the Contractor's request for payments and provide comments and/or recommendations. Assume 12 requests for payment packages. This scope of work does not include assisting the CITY with preparation or submittal of reimbursement packages associated with the Hazard Mitigation Grant Program (HMGP) DR-4337-334-R, the Florida Division of Emergency Management, or the Federal Emergency Management Agency (FEMA). Once the Contractors advise that their project is substantially complete, the CONSULTANT shall participate in a substantial completion walk through and prepare a project punch list. The CONSULTANT shall attend the lift station startup meetings to observe and verify lift station performance. Actual startup services and performance documentation will be the responsibility of the Contractor and their pump supplier. Once the Contractors advise that the project punch list is complete, the CONSULTANT shall participate in a final completion walk through to confirm items have been addressed. The CONSULTANT shall coordinate permit closeout processes for the agencies as discussed above. Task 4 - Post Design Services for Lift Station 4 Lift Station 6 and Lift Station 11 Packages The following scope is based on a twelve (12) month construction duration and on the post design hours shown below for the three (3) Lift Station 4, Lift Station 6 and Lift Station 11 Packages. This scope assumes one contractor will be awarded the three (3) packages. If multiple contractors are used, additional services will be required. • The CONSULTANT shall attend and prepare minutes for a pre -construction meeting. • The CONSULTANT shall review shop drawings, product data, cut sheets, and submittals to determine compliance with the drawings and specifications, and recommend submittal action to the CITY. • The CONSULTANT shall make periodic site visits for the purpose of determining general compliance with the approved project drawings and specifications. Site visits will be Proposal for Engineering Services May 1, 2024, Page 4 performed by the CONSULTANT's inspector. Two (2) site visit per month estimated at two (2) hours per visit. Assume twenty-four (24) site visits. The CONSULTANT will provide site reports for each visit. • The CONSULTANT shall provide written responses to RFIs. Assumes 1 RFI per month. • The CONSULTANT shall assist the CITY with review of the Contractor's request for payments and provide comments and/or recommendations. Assume 12 requests for payment packages. This scope of work does not include assisting the CITY with preparation or submittal of reimbursement packages associated with the Hazard Mitigation Grant Program (HMGP) DR-4337-334-R, the Florida Division of Emergency Management, or the Federal Emergency Management Agency (FEMA). • Once the Contractors advise that their project is substantially complete, the CONSULTANT shall participate in a substantial completion walk through and prepare a project punch list. • The CONSULTANT shall attend the lift station startup meetings to observe and verify lift station performance. Actual startup services and performance documentation will be the responsibility of the Contractor and their pump supplier. • Once the Contractors advise that the project punch list is complete, the CONSULTANT shall participate in a final completion walk through to confirm items have been addressed. • The CONSULTANT shall coordinate permit closeout processes for the agencies as discussed above. Task 5 - Post Design Services for Lift Station 12 Lift Station 15 and Lift Station 16 Packages The following scope is based on a twelve (12) month construction duration and on the post design hours shown below for the three (3) Lift Station 12, Lift Station 15 and Lift Station 16 Packages. This scope assumes one contractor will be awarded the three (3) packages. if multiple contractors are used, additional services will be required. The CONSULTANT shall attend and prepare minutes for a pre -construction meeting. The CONSULTANT shall review shop drawings, product data, cut sheets, and submittals to determine compliance with the drawings and specifications, and recommend submittal action to the CITY. The CONSULTANT shall make periodic site visits for the purpose of determining general compliance with the approved project drawings and specifications. Site visits will be performed by the CONSULTANT's inspector. Two (2) site visit per month estimated at two (2) hours per visit. Assume twenty-four (24) site visits. The CONSULTANT will provide site reports for each visit. The CONSULTANT shall provide written responses to RFIs. Assumes 1 RFI per month. The CONSULTANT shall assist the CITY with review of the Contractor's request for payments and provide comments and/or recommendations. Assume 12 requests for payment packages. This scope of work does not include assisting the CITY with preparation or submittal of reimbursement packages associated with the Hazard Mitigation Grant Program (HMGP) DR4337-334-R, the Florida Division of Emergency Management, or the Federal Emergency Management Agency (FEMA). Once the Contractors advise that their project is substantially complete, the CONSULTANT shall participate in a substantial completion walk through and prepare a project punch list. ily>>)Horn Proposal for Engineering Services May 1, 2024, Page 5 The CONSULTANT shall attend the lift station startup meetings to observe and verify lift station performance. Actual startup services and performance documentation will be the responsibility of the Contractor and their pump supplier. Once the Contractors advise that the project punch list is complete, the CONSULTANT shall participate in a final completion walk through to confirm items have been addressed. The CONSULTANT shall coordinate permit closeout processes for the agencies as discussed above. The CONSULTANT shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the CONSULTANT's own employees and agents) at the site or otherwise performing any of the Contractor(s)' work. Additional Services The CONSULTANT will provide, as requested and authorized by the CITY, additional services that may be required above and beyond those described in Tasks 1 through 5. These services may include but are not limited to such items as the following: • Attendance at Progress Meetings during construction • Post Design services beyond the anticipated twelve (12) month construction duration Performance Schedule The CONSULTANT shall provide the bidding and post design services based on bid dates, contract awards and General Contractor schedules. Method of Compensation The CONSULTANT will accomplish the services outlined in Tasks 1 through 5 for an additional Lump Sum Fee of $123,375.00. Task 6 is a Contingency amount for additional professional services if requested and authorized by the City. The following task items represent a breakdown of the proposed lump sum amount less the available contract amount for reference: Task 1 —Separate Bid Packages and Environmental Studies $31,100.00 Task 2 — Bidding Services $13,000.00 Task 3 — Post Design Services for Lift Station 1, 2 and 3 Package $39,200.00 Task 4 — Post Design Services for Lift Station 4, Lift Station 6 and Lift Station 11 Packages. $40,400.00 Task 5 — Post Design Services for Lift Station 12, Lift Station 15 and Lift Station 16 Packages. $40,400.00 Task 6 Contingency $21.000.00 Proposed Lump Sum Fee $185,100.00 Available Contract Budget ($61 725.00) Additional Lump Sum Fee $123,375.00 Proposal for Engineering Services Kim ley ) Horn May 1, 2024, Page 6 Closure The terms and conditions of the City of Dania Beach Request for Qualifications (RFQ) No. 20- 008, Professional Engineering Services for Design of Lift Station Generators shall govern this scope of services. If you concur with the foregoing and wish to direct us to proceed with the aforementioned services, please issue a Notice to Proceed in writing to the CONSULTANT referencing this document as Exhibit "A." Fees and time stated in this agreement are valid for sixty (60) days after the date of issuance by the CONSULTANT. We appreciate the opportunity to propose these services to you. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. '444'�Rley Gary R. Ratay, P.E. Vice President O:\gratay\Dania Beach\Lift Station Generators\Additional Services\Dania Beach Lift Station Generator Project_2024 Update.docx