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HomeMy WebLinkAboutReso 2013-2072RESOLUTION NO. 2013 - 2,o7z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH KEITH AND SCHNARS, P.A. FOR UTILITY UNDERGROUNDING CONSULTANT SERVICES FOR PHASE II, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY THOUSAND THREE HUNDRED FIFTY DOLLARS ($220,350.00), 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, the City of Sunny Isles Beach has undertaken and completed a significant portion of undergrounding the overhead utilities with four (4) areas still remaining: Collins Avenue, Sunny Isles Boulevard, Center Island, and the Golden Shores Neighborhood; and WHEREAS, the City advertised and issued Request for Proposals (RFP) No. 12 -04 -05 for Utility Undergrounding Consultant Services to outline the scope of services to coordinate efforts towards completing undergrounding of utilities within these four remaining areas; and WHEREAS, on February 21, 2013 via Resolution No. 2013 -2027 the City Commission entered into an Agreement with Keith and Schnars, P.A. for Utility Undergrounding Consultant Services for Phase 1 for the Collins Avenue corridor only including assessment, data collection, refined cost estimates and schedules, and coordination with various utilities and service providers within the project limits, including the investigation of the existing system in an effort to determine what additional improvements may be appropriate to include in the overall undergrounding project, in an amount not to exceed Fifty -Four Thousand Six Hundred Eighty Dollars ($54,680.00); and WHEREAS, the City now wishes to enter into a First Amendment to the Agreement with Keith and Schnars for utility undergrounding consultant services for Phase II to include Project Design and Permitting to prepare plans, incorporate FP &L design, identify easement requirements, coordinating with FDOT proposed lighting plan, define and coordinate design requirements of all utility providers and obtain permit approvals; and WHEREAS, the City desires to enter into the First Amendment to Agreement with Keith and Schnars, P.A. to provide said services in an amount not to exceed Two Hundred Twenty Thousand Three Hundred Fifty Dollars ($220,350.00), bringing the total contract amount not to exceed to Two Hundred Seventy -Five Thousand Thirty Dollars ($275,030.00), 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 1. Approval of First Amendment to Agreement. The City Commission hereby approves R2013- Keith and Schnars Ist Amd to Agnit Utility Undererounding Consultant Page 1 of 2 the First Amendment to Agreement with Keith and Schnars, P.A. for undergrounding Consultant services for Phase II, in an amount not to exceed Two Hundred Twenty Thousand Three Hundred Fifty Dollars ($220,350.00), attached hereto as Exhibit ''A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20t1i day of June 2013. ATTEST:, . Jane A. Hines, CMC,_City Clerk APPROVED AS�,TO FORM AND LEGALSUFFICIENCY: y Cr {y Hans Ottinot, City At orney c'y Vote: S-O Mayor Edelcup _AZYes) Vice Mayor Aelion __�L(Yes) Commissioner Gatto ,/(Yes) Commissioner Levin /(Yes) Commissioner Scholl Yes) Moved by: Seconded by: Lo Seunu- —(No) (No) (No) (No) (No) R2013- Keith and Schnars 1 st Amd to Aemt Utility Undereroundine Consultant Paee 2 of 2 0 � { t This First Amendment to the Agreement between the City of Sunny Isles Beach and KEITH AND SCHNARS., P.A., executed this ?vim day of June, 2013, is made a pan of the original Agreement between the parties dated February 21, 2013, (`the Agreement ") between the City of Sunny Isles Beach (`City") and KEITH AND SCHNARS., P.A., ( "Consultant") attached hereto as Attachment "B ", whose Federal Identification # is 59- 1406307. The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. The scope of services. as set forth in Section 2 of the original Agreement, is hereby amended to include Project Design and Permitting (Phase 2). This phase includes preparation of plans, incorporation of FP &L design, identifying easement requirements, coordinating with FDOT proposed lighting plan, define and coordinate design requirements of all utility providers and obtain permit approvals ('Additional Services "), as more particularly set forth in Attachment "A ", attached hereto and incorporated herein by reference. 2. ADDITIONAL COMPENSATION The compensation to the Consultant, as set forth in Section 4 of the original Agreement, is hereby amended to include additional compensation for the Additional Services to be performed, in an amount not to exceed Two Hundred Twenty Thousand Three Hundred Fifty Dollars ($220,350.00), bringing the total contract amount not to exceed Two Hundred Seventy Five Thousand Thirty Dollars ($275,030.00). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated February 21, 2013, shall remain in full force and effect. 4. CONFLICTING PROVISIONS• If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this First Amendment and the Agreement, the term, statement, requirement, or provision contained in this First Amendment and the Agreement shall prevail and be given effect 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. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. KEITH AND SCHNARS, P.A. BY: Tim J. Ha .E., Vice President •u- A 0 n u CITY OF SUNNY ISLES BEACH 16�' V�l N an S. Edelcup, 4ayor APPROVED AS �YO FORM AND LEGAL Sl (LiF*C.v Attomey s ;� _ KEITH and SCHNARS, P.A. ® ENGINEERS, PLANNERS, SURVEYORS v May 23, 2013 Revised June 4, 2013 City of Sunny Isles Beach Attn: Ms. Helen Gray, City Engineer 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Agreement for Professional Services Project Name: City Utility Undergrounding Consulting, Collins Avenue - Phase II Project Location: Sunny Isles Beach, FL Keith and Schnars Pr000sal No. P5096.MK Dear Ms. Gray: In accordance with your request and subsequent discussions between members of our association and yourself and staff, this agreement between Keith and Schnars, P.A. ('CONSULTANT'), and City of Sunny Isles Beach (°CLIENT' or 'CITY) for professional services is submitted for your consideration and approval. CONSULTANT shall begin work within ten (10) days after receipt of a fully executed copy of this Agreement. I, PURPOSE OF AGREEMENTIPROJECT DESCRIPTION The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT and accepted by CLIENT and to establish the contractual conditions between CONSULTANT and CLIENT with respect to the proposed services. 1.0 INTRODUCTION The CITY has undertaken and completed a significant portion of undergrounding of their overhead utilities. What remains can be grouped into four areas; 1) Collins Avenue, 2) Sunny Isles Ocean Beach Boulevard, 3) Center Island, and 4) Golden Shores neighborhood. Because of a pending FOOT Resurfacing, Restoration, and Rehabilitation (RRR) project anticipated to start in June 2015, undergrounding within Collins Avenue has taken precedence over the other areas. To minimize disruption to residents, the infrastructure necessary for undergrounding of utilities is to be put in place ahead of and in close coordination with the FOOT RRR project Because this undertaking is heavily dependent upon the responsiveness of outside agencies, with long lead tunes and requisite agreements (i.e., FP &L), it is necessary to fast -track the process to stay ahead of the RRR project. Doing so requires that design be completed by the December 2013, to avoid conflict with commencement of the RRR project. 6500 North Andrews Avenue • Ft. Lauderdale, Florida 33309.2132 ) (954) 776 -1616 • (800) 488 -1255 • Fax (854) 771 -7690 ' Attachment "A" 2.0 GENERAL DESCRIPTION of PROCESS In the initial work authorization, the process of undergrounding utilities was outlined as a three - phased approach. CONSULTANT is currently engaged in providing services to CLIENT for the first phase. This work authorization is for the second of three work authorizations anticipated for this project. A full explanation of the undergrounding process and description of phases was provided in the initial work authorization. A summary is provided as follows: Phase 1• Assessment: The purpose of Phase t is to establish the parameters for the project including preliminary schedule, critical timelines, existing conditions, coordination with utilities, outlining FDOTs RRR project, facilitate FP &L design process, and identifying issues with potential impact to the project. The intent of this first phase is to collect information necessary to create a base -file depicting existing conditions for use in proposed design. Information in the form of atlases, right -of -way maps, survey, plat, and as- builts is collected and analyzed for sufficiency. If necessary, but unavailable, additional information shall be obtained through subsequent work authorizations. Phase 2 — Design and Permitting: In Phase 2 plans are generated. The information collected in Phase 1 will be verified and used for the proposed design. FP &L will provide design for their system; CONSULTANT will coordinate and prepare plans identifying requirements of other utilities. Once completed, CONSULTANT shall incorporate FP &L's design into the plans with other utility improvements and coordinate. In addition to plans, this phase includes coordination with MOT and various permitting agencies. At the conclusion of this phase, all design issues and requirements have been identified, construction documents coordinating and addressing utility concems are prepared, easement requirements are acknowledged for procurement, and approvals from appropriate permit agencies obtained. In addition, the project has been circulated among stakeholders and an estimated cost of improvements provided. Phase 3 — Bidding/Construction: Phase 3 involves Construction Phase services. It includes preparation of bid documents, facilitating and making recommendation for award, CEI services, close -out and certifications. Periodic inspections are expected and will be supported by project management to avoid problems with transfer and delivery. Professional Services Agreement Project Name: Utifrty Underarounding Consulting - Phase II Project Location: Sunny Isles Beach, FL Irk" g KEITH and SCHNARSr P A. K &S Proposal No.: P5098.MK �: ENGINEERS, PLANNERS, SURVEYORS Revised June 4, 2013 Page 2 After construction of underground infrastructure is complete, the right -of -way will be tumed over to FOOT for their RRR project. Following the RRR project, the transfer of overhead utilities into the underground infrastructure will commence. 3.0 SCOPE OF SERVICES Services to be provided by CONSULTANT under this Work Authorization pertain to Project Design and Permitting (Phase 2) only as related to approximately 2.2 miles of Collins Avenue. This phase includes preparation of plans, incorporation of FP &L design, identifying easement requirements, coordinating with FOOT proposed lighting plan, define and coordinate design requirements of all utility providers and obtain permit approvals. In an effort to avoid conflict with FDOT's RRR project, the intent of this work authorization is to prepare plans for the infrastructure improvements necessary for undergrounding including surface- mounted equipment outside of the right -of -way such as conduits, manholes, vaults, junction boxes, transformers, and switch -gear. Plans will show proposed location and size of equipment, conduits, and structures as necessary to avoid conflict with existing utilities. The proposed undergrounding improvement will be installed prior to the commencement of the FOOT RRR project. The improvements constructed with these plans will provide the means to transfer the overhead utilities underground without impact to the RRR improvements. Tasks for subsequent phases will be defined under separate work authorizations. Services for this work authorization shall include the following. TASK 1- Prepare Base File Survey Services: Subtask S.1 - Supplemental Survey: Because the limits of undergrounding project extend beyond the limits of the FOOT RRR project, additional right -of -way survey is required. In providing additional survey services, CONSULTANT assumes FDOT survey files to be referenced into the base file. In addition, CONSULTANT assumes FOOT horizontal and vertical control to be provided throughout the entire project corridor (approx 2.2 miles). The limits of the Supplemental Design Survey along Collins Avenue are from the north limits of Northeast 192nd Street to the median just north of Northeast 196th Street. The limits shall extend approximately 5 feet east and west outside the right of way line of Collins Avenue. Services include the location of asphalt, concrete, surface features of utilities, rim and inverts of gravity utility lines (sanitary, stone sewer), striping and elevations on an approximate 50 foot interval with high and low areas also obtained. Professional Services Agre=_ment Project Name: Utility Undergrounding Consulting— Phase II Pmject Location: Sunny Isles Beach, FL j _'�� 3 KEITH and SCHNARS, P A. K&S Proposal No.: P5098.MK ENGINEERS, PLANNERS, SURVEYORS Revised June 4, 2013 Page 3 Subtask S.2 - Locate Test Holes: Assuming FDOT horizontal and vertical control provided, CONSULTANT shall locate individual test holes as identified in Subtask EA and provide an X, Y and Z location relative to the baseline. Test hole locations are to be used with test hole reports in verifying location of existing utilities. Services assume 125 test holes within the 2.2 mile Collins Avenue right -of -way. Engineering Services: Subtask EA - Convert FDOT file format: CONSULTANT must convert files prepared for FDOT in MicroStation to AutoCADD for use by FP &L. In doing so, CONSULTANT must manipulate and apply layer management to clean -up and prepare files for intended use. Subtask E.2 - Input Existing Utilities: The intent of this task is to locate existing features with a reasonable degree of accuracy so that proposed improvements can be designed to avoid conflict. Using test -hole information, In combination with plans, as- builts, and mark -ups from the individual utility providers, CONSULTANT shall input horizontal and vertical information into base -file for use in design plans. Once complete (existing information compiled and input) the base -file will be re- circulated to utility providers to ensure existing utilities are property represented. Minor corrections and details are expected. Subtask E.3 - Utility Test - holes: To ensure the accuracy of existing conditions, specific utilities will be physically located and identified with exact vertical and horizontal location designated. Test -hole locations shall correlate with critical crossings as determined by CONSULTANT. Because the nature of determining locations is dependent upon proposed design, the number of test -holes required is unknown. For purposes of establishing a unit price per test -hole, CONSULTANT assumes up to 125 test -holes may be required. TASK 2 - Prepare Underground Improvements Plan (30 %): Subtask EA - Prepare Underground Plan: Utilizing completed base -isle, CONSULTANT shall prepare plans for the components necessary for undergrounding of utilities. With the exception of FP &L (which will follow once design is made available) individual requirements of each utility will be identified and incorporated into proposed design. CONSULTANT- shall coordinate underground conduit needs, locations, structure sizes, and above -ground equipment. In addition, CONSULTANT shall identify proposed easements required to accommodate additional above - grade conditions. CONSULTANT assumes all underground features to be located within the existing right -of -way. KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Agreement Project Name: lAility Undergrounding Consulting - Phase II Project Location: Sunny Isles Beach, FL K &S Proposal No.: P5098.MK Revised June 4, 2013 Page 4 Subtask E.5 — Incorporate FP &L Design (60 %): Upon delivery from FP &L, CONSULTANT shall incorporate FP &L's proposed improvements into the Underground Plan. Prior to delivery from FP &L, CONSULTANT shall identify FP &L's requirements to anticipate proposed features to coordinate with features of other utilities. Subtask E.6 — Coordinate with Utilities, FP &L and FDOT (90 %): Upon incorporating, proposed design features of proposed improvements will be distributed for final coordination and approval from each of the utilities and FDOT. In addition, FDOT's lighting plan, which is to be provided by others with sufficient detail, will be coordinated with proposed utility improvements. Minor corrections and details are expected to make the Underground Plan complete. Subtask E.7 — Schedule & Project Management Plan: Because of the complexity of this project with its multiple variables and tasks, complicated by long lead times and constraints on delivery, a schedule of sufficient detail is necessary to ensure success. CONSULTANT shall identify components of the project and show dependency upon one another in addition to identifying critical milestones and work plan to meet schedule demands. CONSULTANT shall utilize and maintain schedule on a monthly basis and monitor progress and provide regular updates to City's Project Manager. TASK 3 — Prepare Construction Documents: Subtask E.8 — Prepare Plans for Construction (100 %): Upon approval and input from stakeholders, utilities and CLIENT, CONSULTANT shall prepare final construction plans based upon an approved Underground Plan. Plans shall incorporate sufficient detail for construction of proposed improvements and be used as basis for bids and permits. Because FDOT's RRR project will include resurfacing immediately following installation of underground utilities, plans shall call for proper backfill and compacted, but with only a restored asphalt section. Subtask E.9 — Provide Updated Cost Estimate: Using construction plans, CONSULTANT shall prepare an itemized cost estimate of proposed improvements. This cost estimate is to be used as the engineer's estimated cost for bidding purposes. Note: The above services do not include undergrounding of overhead Transmission Lines. BY their nature, undergrounding of Transmission Lines involve more significant issues and are handled within a separate division within FP &L. To avoid impacting progression of undergrounding efforts, Transmission Lines will not be addressed wdhin the above scope of services. 5 �►►1 a KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Agreement Project Name: Utility Undergrounding Consulting -Phase II Proiect Location: Sunny Isles Beach, ' L K&S Proposal No.: P509B.MK Revised June 4, 2013 Page 5 INFORMATION PROVIDED BY OTHERS: FOOT survey and control to be made available for use in creation of base -file and survey services. Permit fees are to be paid by City. Information regarding existing easements on private properties (does not include platted easements). PAYMENTSCHEOULE TASK DESCRIPTION PAYMENTTYPE PAYMENT AMOUNT Subtask S.1 Supplemental Survey Lump Sum $10,000 Subtask S2 Locate Test Holes (4 -125) T &M $6,250 ($50Ast hole) Subtotal Survey $16,250 Subtask E.1 I Convert FDOT file format I Lump Sum $2,760 Subtask E.2 Input Existing Willies Lump Sum $40,800 Subtask E.3 Udlity Test -holes T &M 542,700 Subtask EA Prepare Underground Plan (3D%) Lump Sum $33,200 Subtask E.5 I Incorporate FP &L Design (600.) Lump Sum $38200 Subtask E.6 Coordinate with Uhlities, FP &L and FDOT(9D%) Lump Sum $14,860 Subtask E.7 Schedule & Project Management Plan ; Lump Sum I $13,400 Subtask E.8 Plans for Construction (100 %) Lump Sum $9,84.0 Subtask E.9 ! Updated Cost Estimate Lump Sum S8,32o � Subtotal Engineering $204,100 TOTAL I $220,350 4.0 ADDITIONAL SERVICES The undertaking by CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. If requested by the CLIENT and agreed to by CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by ?'s� =KEITH and SCHNARS, P.A. ENGINEERS. PLANNERS, SURVEYORS Professional Services Agreement Project Name: Utility Undergrounding Consulting - Phase II Project Location: Sunny Isles Beach, =L K &S Proposal No.: P5D98.MK Revised June 4, 2013 Page 6 CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties which addresses the additional services. Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by CLIENT, or services that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. III. COMPENSATION A. Fees: We estimate our tees for Section 3.0 Scope of Services to be: Total Lump Sum Fees ................... ............................... $171,400.00 Total rime and AAa1e?ars FceS ........... ............................... 43 gri0.i)� Total Work Authorization; ...................................................................... $220,350,00 In the event of any dispute concerning the accuracy of content of any invoice, CLIENT will within seven (7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT shall be obligated to pay the undisputed portion of the invoice as set forth in below. If CLIENT fails to make any payment due to CONSULTANT for services and expenses within forty -five (45) days from the date of invoice, the amount stated in the invoice shall then accrue interest at the maximum legal rate. Further, CONSULTANT may then apply the retainer to the unpaid balance of the account andlor suspend services under this Agreement until the account has been paid in full. There will be a fee charged for suspended work, which will be negotiated when work is resumed and any applied retainer must then be reinstated to its previous amount. In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest, its reasonable attorneys' fees and costs. The invoices referenced above, will be sent in accordance to the information as reflected on the Billing Information Form attached hereto. IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED Professional Services Agreement Project Name: Utility Undergrounding Consulting — Phase fl KEITH and SCHNA RS, P.A. Project Location: Sunny Isles Beach, FL K&S Proposal No.: P50e8W ) �' ,' ENGINEERS, PLANNERS, SURVEYORS Revised June 4, 2013 Page 7 A. Re-use of Documents: rrr+rnJr _ CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of the CONSULTANT. Any re -use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting there from. Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property, and may be used for publication. B. Performance: CONSULTANT shall not be considered in default in performance of its obligations hereunder 'rf performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. C. Professional Standards: All work performed by CONSULTANT shall be in accordance with its professional standards and in accordance with applicable govemment regulations. CONSULTANT shall endeavor to obtain all governmental approvals contemplated under this Agreement. However, CONSULTANT does not warrant or represent that any government approval will be obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with applicable governmental regulations. D. Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services _ION KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v Professional Services Agreement Project Name: Utility Undergrounding Consulting — Phase II Project Location: Sunny Isles Beach, FL K &S Proposal No.: P509B.MK Revised June 4, 2013 Page 8 CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of the CONSULTANT. Any re -use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting there from. Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property, and may be used for publication. B. Performance: CONSULTANT shall not be considered in default in performance of its obligations hereunder 'rf performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. C. Professional Standards: All work performed by CONSULTANT shall be in accordance with its professional standards and in accordance with applicable govemment regulations. CONSULTANT shall endeavor to obtain all governmental approvals contemplated under this Agreement. However, CONSULTANT does not warrant or represent that any government approval will be obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with applicable governmental regulations. D. Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services _ION KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v Professional Services Agreement Project Name: Utility Undergrounding Consulting — Phase II Project Location: Sunny Isles Beach, FL K &S Proposal No.: P509B.MK Revised June 4, 2013 Page 8 .t fumished by others or their methods of determining prices, competitive bidding, market conditions, any and all opinions as to costs rendered hereunder, including, but not limited to, opinions as to the costs of construction and materials, shall be made solely on the basis of its experience and qualifications and represent only a rough estimate based upon its familiarity with the construction industry. CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If CLIENT wishes greater assurance as to the amount of any cost, CLIENT will employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by CLIENT will be paid for as additional services hereunder by CLIENT. If the services under this Agreement continue for a period of more than one (1) year from the notice to proceed, CONSULTANT shall be entitled to renegotiate an increase in its fee relative to this Agreement. CONSULTANT shall not be bound under this Agreement 9 modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANTS initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E. Te u ination: In event of a material failure by the other party to perform in accordance with the terms of this Agreement, this Agreement may be terminated by providing the breaching party written notice which shall clearly set forth the material breach and provide five (5) business days to cure. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. CLIENT may terminate this Agreement for convenience upon five (5) business day notice to CONSULTANT, payment for all services rendered to the date of termination and Fifteen (15) percent of CONSULTANT's remaining fee. F. Liability: CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss, damage, injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLI ENTS expense. CLIENT agrees CONSULTANT'S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or r- KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Agreement Project Name: Utility Undergrounding Consulting — Phase II Project Location: Sunny Isles Beach, FL K &S Proposal No.: P5098.MK Revised June 4, 2013 Page g arising from CONSULTANT'S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. G. Litigation: In the event litigation in any way related to the services performed hereunder is initiated between CONSULTANT and CLIENT, the non - prevailing party shall reimburse the prevailing party for all of its reasonable attorney's fees and costs related to said litigation. V. CLIENTS OBLIGATIONS CLIENT shad provide CONSULTANT with all data, studies, surveys, plats and all other pertinent information concerning the Project. CLIENT shall designate a person to act with authority on CLIENT'S behalf wfth respect to all aspects of the Project. CLIENT shall be responsible for all processing fees or assessments. required for the completion of the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. VI. GENERAL PROVISIONS A. Persons Bound by Agreement: The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party, such consent not to be unreasonably withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent consultants, associates and sub - consultants, as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT. B. No Waiver or Modifications: No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS �1 Professional Services Agreement Project Name: Utility Urdergrounding Consu5ng - Phase 11 I'mied Location: Sunny Isles Beach, FL K&S Proposal No.: P5098.1vIK Revised June 4, 2013 Page 10 ,�1. construed to be a waiver of the same default on a future occasion. No delay, course of dealing or omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any other or further exercise of any right or remedy. This Agreement, including all requests for additional services placed hereunder, express the entire understanding and agreement of the Parties with reference to the subject matter hereof, and is a complete and exclusive statement of the terms of this Agreement, and no representations or agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. C. Governing Laws or Venue: This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida. Venue for any litigation shall be Broward County, Florida. VII. CLOSURE If vnu concur with the foregoing and wish to direct Ls to proceed with the aforementioned Wo k, please execute the agreement in the space provided and return same to the undersigned with the completed billino information form. We appreciate the opportunity to submit our proposal. Please contact me if you have any questions. IN WITNESS WHEREOF, the CONSULTANT and CLIENT have executed this agreement the day and year indicated below. As to CONSULTANT As to CLIENT KEITH and SCHNARS, P.A. CITY OF SUNNY ISLES BEACH, FLORIDA Engineers, Planners, Surveyors Tim J. Hall, P.E. Name: Vice President, Civil Engineering Title: Dated: Dated: Milm KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Agreement Project Name: Utility Undergrounding Consulting - Phase II Project Location: Sunny Isles Beach, FL K &S Proposal No.: P5098.MK Reviseci June d, 2013 Page t r BILLING INFORMATION FORM (Client to Complete) PROJECT NAME: Utility Undergrounding Consulting — Sunny Isles Beach — Phase II PROJECT ADDRESS: Street Address city/State2ip LAND OWNER: OWNER ADDRESS: Street Address City/State2p OWNER PHONE NO: OWNER CELL PHONE NO: EMAIL ADDRESS: JOB SITE SUPERINTENDENT: JOB SITE PHONE: SUBDIVISION NAME: PURCHASE ORDER #: MAIL INVOICE TO: Company Name ATTENTION: Name/Title ADDRESS PHONE: FAX: SPECIAL BILLING INSTRUCTIONS: KEITH and SCHNARS, P.A. �: ENGINEERS, PLANNERS, SURVEYORS ,•tla, hlli AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KEITH AND SCHNARS, P.A. CONTRACT NO. C1213.004 THIS AGREEMENT, entered into this 21 day of Fehr q�2013, by and between the CITY OF SUNNY ISLES BEACH (hereinafter refett�ed as 10 the ( "City ") and KEITH AND SCHNARS, P.A., a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the ( "Consultant "), whose federal tax identification number is • 1+06301 RECITALS WHEREAS, the City is in need of Utility Undergmunding Consulting Services ( "Services "); and WHEREAS, the City issued Request for Qualifications No. 12.04 -05 for Utility Undergrounding Consultant Services; and WHEREAS, Consultant submitted a response thereto and was pre- qualified by the City to perform the Services; and WHEREAS, Consultant is willing and able to perform the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed Fifty -Four Thousand Six Hundred and Eighty Dollars ($54,680.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a pan hereof for reference. 2. SERVICES. Consultant shall provide the Services as more particularly described in Attachment "A ", which is attached hereto and incorporated herein by reference. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall commence upon the issuance of a Notice to Proceed by the City Manager or his designee and shall terminate upon the completion of Services. 4. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Fifty -four Thousand Six Hundred and Eighty Dollars ($54,680.00), for the performance of Phase I of the Services. Payment to Consultant for all charges and tasks under Page t of 8 Attachment "B" ;1 this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices re ceived 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 Fuod& The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term, hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. 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 fmal/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. 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. INDEUNDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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, parmer, 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 Page 2 of 8 Hired and non -owned vehicles. Employers' non - ownership. Such policies of insurance shall not diminish Consultant's indemnification 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 day's prior written notice to the City Manager or his designee 7. OWNERSHIP OF DOCbWN"fS AND EOLVMEN7. All documents prepared by the Consultant pursuant to this agreement and rilited services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties needs to be approved in writing by the City in order to be properly authorized. 8. LN'DE_MINIFICATION. Consultant agrees to indemnify 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, anomey'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, agents or 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 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 ten (10) days to cure such default. If the default remains uncured after ten (10) 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 (and sub consultmt(s)) 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. W Page 4 of 8 (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. 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 written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (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. 10. NO ASSIGNMENTS ,TRANSFERS, SUBCONTRACTING The Consultant shall not subcontract, assign or transfei any work under this agreement without the prior written consent of the City. 11. WAIVER OF RIGHT TO JURY TRIAL Each of the parties hereto hereby lbowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 12. 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 N iarni -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. 13. 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 "con&demial." 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 shell 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. 14. 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 Page 5 of 8 I , 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 pan of this agreement or to any benefits arising therefrom. 19. 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. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the patties, 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. [remainder of page intentionally left blank] Page 7 of 8 1 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 Oninot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny. Isles Beach Fourth Floor 18070 Collins Ave. 4d' Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Fl 33160 Tel: (305) 792 -1701 Tel: (305) 792.1702 If to the Consultant: Tim I. Hall, P.E. Vice President, Civil Engineering Keith and Schnars, P.A. 6500 N. Andrews Ave. Fort Lauderdale, Florida 33309 Tel: (954) 776 -1616 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. 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. 17. NON- DISCRINUNATION. 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 VII 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, maritaVfamilial 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 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. 18. CONFLICT OF UMREST. 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 Page 6 of 8 -� I .j , . I 8 IN WITNESS WHEREOF, the panics hereto have executed this Agreement in duplicate on the day and year first written above. ATTEST: { lane A. Hirie"s, CMC, City Clerk 1• KEITH AND SCHNARS, P.A. BY: Vice President Signaq and Title CITY OF SUNNY ISLES BEACH SY: I rtnan S. Edelcup, Mayor APPROVED AS TO FORM AND L L'I Page 8 of 8 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (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: 6/20/2013 RE: A Resolution Approving a Contract Amendment with Keith & Schnars,- P.A. for Professional Services for the FPL Overhead to Underground Conversion Project We recommend City Commission approve the resolution. REASONS: The adopted City budget includes a capital project to convert aerial utilities (power and telecommunications providers) to underground. The Collins Avenue corridor has been prioritized as the first of three remaining areas in the City with overhead distribution lines. Phase I, which included assessment, data collection, refined cost estimates and schedules, and coordination with various utilities and service providers within the project limits is largely complete and to implement this project, Phase II services are now needed. Phase it includes services needed to complete the construction drawings to be publicly advertised and bid as detailed in the attached contract. Note that this project is to be completed by the City in advance of the Collins Avenue resurfacing project currently scheduled for 2015. Future contract amendment(s) will include land surveying services needed for legal descriptions and sketches for utility easements for pad mounted equipment for FPL and telecommunications providers, specific purpose surveys of proposed easement areas to facilitate design, along with bidding and award support and construction administration and inspection functions. In an amount not to exceed Agenda Item No. IOF Date 6/20/2013 104 $220,350.00 from Account No. 20.600 -5636. FUNDING SOURCE: Funding is available in account 20- 600 -5656 ATTACHMENTS: • Resolution • First Amendment to Agreement Agenda Item No. IOF Date 6/20/2013 105