Loading...
HomeMy WebLinkAboutReso 2013-2172RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH KEITH AND SCI MARS, P.A. FOR UTILITY UNDERGROUNDING CONSULTANT SERVICES FOR PHASE II, IN AN Ai170UNT NOT TO EXCEED ONE HUNDRED TIVENTY -SEVEN THOUSAND FOUR HUNDRED SEVENTY DOLLARS (S127,470.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE rNIAYOR 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 Cite 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, on June 20.2013 via Resolution No. 2013 -2072 the Cite Commission entered into a First Amendment to the Agreement with Keith and Schnars. P.A. 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, 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 (S275,030.00)- and WHEREAS, the City now wishes to enter into a Second Amendment to the Agreement with Keith and Schnars for utility undergrounding consultant services for Phase II expanded project limits beyond the Collins Avenue corridor to include research of existing utilities, plans preparation, incorporating FP &L design, identifying required easements, defining and coordinating design requirements of utility providers; and WHEREAS. the City desires to enter into the Second Amendment to the Agreement with 82013- Keith and Schnam 2nd Amd to Agmt Utility Undergroundine Consultant Page 1 or 2 Keith and Schnars. P.A. to provide said services in an amount not to exceed One Hundred Twenty - Seven Thousand Four Hundred Seventy Dollars (S 127,470.00), bringing the total contract amount not to exceed to Four Hundred Two Thousand Five Hundred Dollars (S402,500.00). NONN' THEREFORE, BE IT RESOLVED BY THE CITY CONIMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to Agreement. The City Commission hereby approves the Second Amendment to the Agreement with Keith and Schnars. P.A. for undergrounding Consultant services, in an amount not to exceed One Hundred Twenty -Seven Thousand Four Hundred Seventy Dollars ($127.470.00). attached hereto as Exhibit "A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of Citv 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 19th day of December 2013. ATTEST: Jarie A. Hi nes; MMC, City Clerk - a APPROVE AS TO FORM k AND fG L SUFFICIENCY: Attorney Vote: S —o Moved by: l nr"rr'� ��DLL Seconded bv: awyr'( y �t�<:3 Cp Mayor Edelcup (Yes) (No) Vice Mayor Aelion 1/(Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) R2013- Keith and Schnars 2nd Amd to Agmt Utility Undergruunding consultant Page 2 or? t"Nn♦ 111!1 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KEITH AND SCHNARS, P.A. CONTRACT NO. C1314 -011 This Second Amendment to the Agreement between the City of Sunny Isles Beach and KEITH AND SCHNARS., P.A., executed this _ day of December, 2013, is made a part 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 an Amendment to Phase II, to expand project limits beyond the Collins Avenue corridor and include research of existing utilities, plans preparation, incorporating FP &L design, identifying required easements, defining and coordinating design requirements of utility providers ( "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 One Hundred Twenty - Seven Thousand Four Hundred Seventy Dollars ($127,470.00), bringing the total contract amount not to exceed Four Hundred Two Thousand Five Hundred Dollars (5402,500.00). 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 otherwise incorporated into this Second Amendment, the term, statement, requirement, or provision contained in this Second Amendment 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" and Attachment `B" attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: KEITH AND SCHNARS, P.A. Signature I.", Print Name Tim J. Hall, P.E., Vice President ATTEST: In Jane A. Hines, MMC, City Clerk CITY OF SUNNY ISLES BEACH APPROVED AS TO FORM AND LEGAL I -W Attorney O _',e E KEITH and SCHNARS, P.A. ® ENGINEERS, PLANNERS, SURVEYORS November 19, 2013 City of Sunny Isles Beach Attn: Ms. Helen Gray, P.E., City Engineer 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Agreement for Professional Services Project Name: City Utility Undergrounding Consulting, Collins Ave. - Phase II. Amendment #1 Project Location: Sunny Isles Beach, FL Keith and Schnars Proiect #18073.00 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 "CITYn) for professional services is submitted for your consideration and approval. t. PURPOSE OF AGREEMENT /PROJECT 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 scope of services for Utility Undergrounding has been described as three phases; 1) Project Assessment, 2) Design & Permitting, and 3) Bidding /Construction. CONSULTANT is currently providing services for the second phase of this project within Collins Avenue. In coordinating with FP &L preliminary plans were introduced identifying expansion of services beyond the Collins Avenue corridor. Although located on side - streets and private properties, FP &L maintains that the additional services are a necessary and integral component of the Undergrounding Project. With these additional improvements: the project limits have expanded. This work authorization, as an amendment to the Phase 2 work authorization, addresses the additional scope of services required for the expanded service area. The attached Exhibit 'B' shows the expanded project limits addressed with this proposal. 6500 North Andrews Avenue • Ft. Lauderdale, Florida 33309 -2132 (954) 776 -1616 • (800) 488 -1255 • Fax (954) 771 -7690 www.ksfla.com 2.0 SCOPE OF SERVICES This Work Authorization includes both survey and engineering services. The enoin =_erino services relate to the expanded service areas outside of the Collins Avenue right -of -way and include research of existing utilities, plans preparation, incorporating FP &L design, identifying required easements, defining and coordinating design requirements of utility providers. The survey services can be grouped into two categories, those required across the entire project, and those related only to the expanded service area off - Collins. Services required for the entire project relate to obtaining easements for placement of additional equipment needed for undergrounding. Survey services for the expanded service area (off - Collins) include Specific Purpose Survey, Right -of -way Verification, and additional Test Holes locates. To minimize scope, CONSULTANT shall utilize CAD files Provided with FP &L design files where applicable_. In doing so, the CONSULTANT shall verify existing right -of -way only and incorporate into FP &L files thereby ensuring proper location of proposed improvements and easements. Where the FP &L design corridor deviates from the right -of -way, a more detailed Design Survey is required to tie -down proposed improvements and easements as well as identify existing site features. TASK 1 — Preoare Base File Survey Services: Subtask S.3 — Proposed Easement Sketch & Descriptions: Undergrounding of overhead services will result in additional pad - mounted equipment. Due to space restrictions and clear -zone requirements, most of this equipment will be located outside of the right -of -way within private properties. CONSULTANT shall prepare a Sketch and Description for each proposed site. Until defined through design, the number of easements required and specific locations can only be assumed. Services assume an estimate of sixty (60) Sketch and Descriptions. Subtask SA — Design Survey of Proposed Easement Sites: To enable sighting of above -grade improvements outside of the right -of -way (mostly above -grade equipment) additional survey will be required to identify existing improvements and property lines. Placing equipment within private properties assumes a Design Survey required approximately 25'x25' in the area proposed. CONSULTANT shall perform a Design Survey at each specified area. CONSULTANT assumes horizontal and vertical control provided near the specified sties. Services assume an estimate of sixty (50) sites. The FDOT survey includes only what is between the east and west right -of -way. CONSULTANT 0 KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Aoreement Project Name: Utility Undergrounding Consulting - Phase II Project Location: Sunny Isles Beach, FL K &S Project No. 18073.00 Arrencirnem No. 1 November 19, 20! 3- Page2 shall utilize information from adiacen plats to plot easements onto the base -file. Easements not identified by plat can be offered voluntarily or obtained through title search, but are not the responsibility of CONSULTANT to identify. CONSULTANT shall include anv additional easements, not found by plat, if provided by CLIENT. Tasks S.3 and S.4 are based upon an estimated number of easements required for both Collins Avenue and the expanded services. Subtask S.5 — Design Survey (reference to Exhibit 'B') CONSULTANT shall perform Topographic Design Surveys of the following Locations: • 1891h Street from Collins Avenue west to Atlantic Boulevard (approximately 300'). • 1781" Street from Atlantic Boulevard west to 179th Drive; from the intersection of 178th Street northwesterly along 179 *m Drive for 100 feet; from the intersection of 178d' Street southwesterly along 178'^ Drive for 150 feet (approximately 500'). • From the intersection of southbound Collins Avenue and Northeast 17411, Street, north approximately 300 feet to Atlantic Boulevard, then west along Atlantic Boulevard approximately 200 feet; then north approximately 350 feet; than west approximately 275 feet to Atlantic Boulevard. • Northeast 170N Street from southbound Collins Avenue; then west approximately 600 fee:; than south approximately 200 feet. The limits of surveying for these sites shall extend from right of way to right of wav for sites alone street. For sites not following roadways, the limits of surveying shall be the width of the easements. Services shall include the location of above ground permanent improvements such as asphalt, concrete, suriace features of utilities, rim and inverts of aravity utility lines (sanitary, storm sewer), striping and elevations on an approximate 50 interval with intermediate high and low areas also obtained. The location of right of way lines, olatted easements shall be shown on the survey. Any easement documents supplied by Client shall also be shown on the Survey. All survey work shall conform to the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J -17 of the Florida Administrative Code, pursuant to Section 472.027 Florida Statutes. Subtask S.6 — Right -of -way Verification CONSULTANT shall verify the location of right of way using plat documents and location of monumentation in the field for the following locations: • 186th Street from Collins Avenue to Atlantic Boulevard (approximately 300'). • 185th Street from Collins Avenue to Atlantic Boulevard (approximately 300'). • 1831d Street from Collins Avenue to Atlantic Boulevard (approximately 600'). KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services Aareement Project Nam=_: Utility Undereroundina Consulting - Pnar II Project Location: Sunny Isles Beach, FL K &S Project No. 1807100 A,menament No. I November 19. 2013 - Pace 3 • Atlantic Boulevard from 183rd Street to 1781i Street (approximately 1600'). • 178u' Street from Collins Avenue to 1781" Drive (approximately 500'). • Atlantic Boulevard from 178 -� Street south approximately 1,000' Services do not include the location of any improvements for this task. Subtask S.7 — Locate Test Holes: Assuming FDOT horizontal and vertical control provided, CONSULTANT shall locate individual test holes as identified in Subtask EJ 1 and provide an X, Y and Z location relative to the baseline. Test hole locations are to be used with test hole reoons in verifying location of existing utilities. Services assume 25 test holes within the limits described in attached Exhibit'B'. Engineering Services: Subtask E.10 — 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 desioned 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- ,it= for use In design plans. Once complete (existing information compiled and input) the be---; le will be re- circulated to utility providers to -ensure existing utilities are property represented. Minor corrections and details are expected. Subtask E.11 — Utility Test - holes: To ensure the accuracy of existing conditions, specific utilities will be physically located and identified with exact vertical and horizontal location ciesionated. Test -hoie locations shall correlate with critical crossings as determined by CONSULTANT. Because the nature of determining locations Is dependent uDon Dr000sed design, the number of test -holes required is unknown. For purposes of establishing a unit price per test -hole, CONSULTANT assumes up to 25 test -holes may be required. TASK 2 — Prepare Underground Improvements Plan (30%): Subtask E.12 — Prepare Underground Plan: Utilizing completed base -file, CONSULTANT shall prepare. plans for the components necessary for undergrounding of utilities. 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. 0 _'s "a KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Professional Services .Agreement Project N'ama: Utility Undergrounding Consultive - Phase II Project Location: Sunny Isles Beach, FL K&S Project No. 18073.00 Amendment No. 1 November 19, 2013 - Page S Subtask E.13 — Coordinate with Utilities, FP &L and City: Upon incorporating, proposed d=_sion features of proposed improvements will be distributed for final coordination and approval from each of the utilities and FDOT. In addition, CONSULTANT shall identify private improvements to be addressed within the project. CONSULTANT shall support the City Is efforts to obtain approvals for improvements on private property. Communications with private property owners will be through City staff. Minor corrections and details are expected to make the Underground Plan complete. TASK 3 — Prepare Construction Documents: Subtask E.14 — 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. Subtask E.15 — 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. a ,#'11 KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS e Processional Se, vices Agreement Project Nam =_: Utility Underoroundino_ ConsuNno — Phas=e II Project Locadon: Sunny Isles Beach, ; ! K &S Project No. 18073.00 Amendment No. 1 November 19, 2013 - Page 5 INFORMATION PROVIDED BY OTHERS: FPL design CAD files to be made available for use in creation of base -file. Permit fees are to be paid by City. Information reoarding existing easements on private properties (does not include platted easements). PAYMENT SCHEDULE TASK I . DESCRIPTION PAYMENT TYPE I PAYMENT AMOUNT Subtask S.3 Proposed Easement Sketch & Descriptions (assume t 60 required) T &A4 $21,000 (S350 ea. sketch) Subtask S.4 Design Survey for Proposed Easements (assume x 60 sites) I I T8M S24,000 (S400 ea. site) Subtask SS Design survey I Lump Sum I S18,500 Subtask S.6 I Right -of -way Verification Lumo Sum I S12,500 auoiask S.7 Locate Test Holes (approx. 25 locations) I T &PA S; 250 (,50/test hole) Subtotal Survey ( S77,250 Sub ask 2.70 I Input Existing Utilities (off- Collins) I Lump Sum S1 •,48.0 Subask 2.17 Utility Test -holes (off - Collins) - 25 lo-ations I T &M I S9.300 I auaiask =.12 Prepare Underground Plan (30 % off - Collins) I Lump Sum I Si ;,560 Subtask 273 Coordinate w[Utilities, rP &L, & City (off- Collins) Lump Sum 5 5.6 40 Subtask 2.14 I Plans for Construction (100% off-Collins) I Lump Sum I S 6,440 I L Subtask E.15 Update Cost Estimate (off - Collins) I Lumo Sum I S1.600 Subtotal Engineering I S50,220 I I I I TOTAL I S127,470 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 e "E, N i KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v Professional Services Agreement Project Name: Utility Under rounding Consulting — Phase II Project'Loca_tion: Sunny Isles Beach, =L K &S Project No. 18073.00 Amendment No. t November 19, 2073 - Page E obligated to pay CONSULTANT for the performance of such additional sevic =_s 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 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 chance in the data or criteria fumished 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 feesfhours 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 fees for Section 3.0 Scope of Services to be: • Total Lump Sum Fees ........... ............................... • Total Time and Materials Fees .. ............................... • Total Work Authorization ...... ............................... . $71.920 ..555.550 ... ............................... S127,470.00 In the even: of any dIS'pUte concerning the accuracy of content of any invoice, CLIENT will within seven (7) days from the date of said invoice, noiiry CONSULTANT in writing statino 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 and/or 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. is "i KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS s Processional Services Agreement Project Name: Utility Und=_rgrounding Consulting — Phase II Project Location: Sunny Isles Beach. FL K &S Project No. 18073.00 Amendment No. 1 November 19, 2013 - Pace 7 IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED A. Re -use of Documents: _ ^I v - M ^4� . _. e311 blq fn. .. by Q ICIJT +h y � •-• y � � r V 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, chances 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 it performance of such oblieations 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 oblications 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 government 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. 0 'ets�5 KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v Professional Services Agreement Project Name: Unity Undergrounding Consulting - Phase II Project L ocaiion: Sunny Isles Beach, PL K&S Project No. 18073.00 Amendment No. t November 19, 2013 - Page 8 D. Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services furnished 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 b= antitled to renegotiate an increase in its fee relative to this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT'S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or befoie sixty (60) calendar days from the date of execution by CONSULTANT. E. Termination: 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 beaching 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 data 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 fumish 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 CLIENT'S expense. KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS Proiessional Services Agreement Project Nam=_: Utility Underamunding Consultino — Phase II Project L o_auon: Sunny Isles Beach, FL K &S Project No. 13073.00 Amendment No. 1 November 19, 2013 - Page 9 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 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 550,000.00 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, d=etoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. G. Litigation: In the even' ll'fgatlon 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. CLIENT'S OBLIGATIONS CLIENT shall 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 with 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. Nothino 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 anyonebth =_r than CONSULTANT and CLIENT. 's1, ►'e KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v Processional Services Agreement ProjeC Name: Utility Undergroundine Consulting - Prase II Project Location: Sunny Isles Beach, FL K &S Project No. 18073.00 Amendment No. 1 November 19, 2013. Paoe to S. No Waiver or Modifications: No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be 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. Govemino 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. PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE VII, CLOSURE Ii you concur with the foregoing and wish to direct us ro proceed with the aiorementioned work,, phase execute the agreement in the space provided and return same to the undersigned with the completed billing inio, maatlon i6i m. 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: s KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS s. Professional Services Agreement Project Name: Utility Undergroundino Consulting - Phase II Project Location: Sunny Isles Beach, r! K&S Project No. 18073.00 Amendment No, 1 November 19, 2013 - Peg= 11 EXHIBIT A Fee Schedule (Effective January 1, 2008) Code Job Classification Billing Rate 72 Administrative Assistant $60.00 73 Associate 1 S50.00 74 Associate 2 e90.00 75 Senior Associate 5115.00 76 Project Manager S125.00 77 Senior Project Manager $150.00 78 Director S11 75.00 7? Principal I To Be Quoted 42 2 Person Survey Crew 5105.00 43 3 Person Survey C---w S11 40.00 44 Specialty Survey Crew 5175.00 7APMj -% 18073 SwM Isles (5191 UkoergrouridM C011WS Ave%CIVIL'Acmir nal on 4greemem Sig slesUillt. U oerglOiM C-P.. a ,2 Amentl: i t tSt3.occ 0 KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v BILLING INFORMATION FORM (Client to Complete) PROJECT NAME: Utility Undergrounding Consulting — Sunny Isles Beach — Phase II PROJECT ADDRESS: Street Address Gty/StatelLia LAND OWNER: OWNER ADDRESS: Street Address City/State,Zio OWNER PHONE NO: ( ) OWNER CELL PHONE NO: ( ) E -MAIL ADDRESS: JOB SITE SUPERINTENDENT: JOB SITE PHONE: ( ) SUBDIVISION NAME: PURCHASE ORDER MAIL INVOICE TO: Company Name ATTENTION: ADDRESS PHONE: PAX: SPECIAL BILLING INSTRUCTIONS: s -jhk%M3 KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS v VF[- \IEII Wwr CII 11O �m OEM MM \f WMT.3 \�u>ia.➢� l��- �I- L�].PC, b.. 12 �a� l� d�. ! >n tr .3 -W6CR M1� Gar R. N!N um. �� MATCH LINE - SEE ABOVE RIGHT i I H I I 1170TH STREET — , — — >� ` I I 17ZND STREET _ - T , � 1 op W ' I N ' CD -� 183RD TREE' I , 174TH STREET __� ��kii•''i > ' I p I C TERRACE m b. STAR ^E \ET\ I { l — I X19 c 18 6TH _ m Z Z z �I S l = -i --- I _ I —�� • =Z - Z I I _ l y 187TH. STREET_ 1 �i I- I V` Km� m;o Zc1 n I 1 o l t Ir 1� I om KO mC m D i it .-� I < N.E, 1_88_TH.SSTREEEET _ zz _Z �Gi- - N.E. 189THISTRE�T— I 17SiREET I ELI r� II I P 2 i _! J- W W_ MATCH LINE - SEE BELOW LEFT +. AGREEMENT BETWEEN THE CITY OF SUNNY • : ISLES BEACH AND KEITH AND SCHNARS, P.A. CONTRACT NO. C12134)04 TEAS AGREEMENT, entered into this Zl day of Fc 2013, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as {o the ( "City) and IEITH 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 i4 • If•06307 WMMAS, the City is in need of Utility Undergrounding 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 remipt and adequacy of which is hereby adatowledged, 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 Attadtment'.A, which is attached hereto and incorporated herein by referee. 3. TERK 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 1 of the Services. Payment to Consultant for all charges and tasks under PW 1 of a _. .. S I B Attachment "B" this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: L Disbursements There are no reimbursable expenses associated with this contract b. Pa meat Schedule., Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment Invoices must reference the contract number assigned hereto. Invoices will he paid in accordance with the State of Florida Prompt Payment Act C. Avaflabllity of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 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. F"tttal Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice' on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. 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 miolved by agreement with Consultant Consultant shall not pledge the City's creditor make it a guarantor of payment or suety 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 terns of this Agreement. 5. INMEPENDENT 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, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of is own expenses in performing its dudes as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultam. 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 is own SIB Page 2 of 8 transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insutrance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, Consultants or employees, as more particularly set forth below: (a) Comprehensive General liability insurance with minimum limits of One Million Dollars (51,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreements. Personal injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Errors and Omissions Liability The City of Sunny isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or.on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars (51,000,100.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Page 3 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 fortes and with such limits of liability and deductibigs 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 DOCUMENTS AND EOUDPMENrr. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties needs to be approved in writing by the City in order to be properly authorized. g. WULNEYIFICATION. 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, attorney's fees for personal, economic or bodily injury wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, 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. TERhMATION. 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 (L) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consulter for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. Page 4 of 8 J i (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 setoff 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. TRs1NSFERS. SUBCONTRACTING The Consultant shall not subcontract, assign or transfer 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 knowingly, 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 sealed by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither patty 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 "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 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 9 S 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 Anomey 18070 Collins Avenue City of Sunny. Isles Beach Fourth Floor 18070 Collins Ave. 46 Floor Sunny Isles Beach, Florida 33160 Sunny Lyles Beach, F133160 Tel: (305) 792 -1701 Tel: (305) 792.1702 U to the Consultant: Tim J. 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 - DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title 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. maritallfamilial 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 INTEREST, The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if Page 6of8 S I M 0 1. LV WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. ATTEST: lane A. H M, CMC, City Clerk KITH AND SCHNARS, P.A. BY: Vice President Signal and Title CITY OF SUNNY ISLES BEACH BY: ' WT' 4 N S. F.delcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 6 of 8 Anomey S/,& Preview Pace I of 2 City of Sunny Isles Beach 1 18070 Collins Avenue = Sunny Isles Beach, Florida 33160 0 kr (305) 947 -0606 City Hall (305) 949 -3113 Fax I I! d: t T i Is] :7_ \' I Dili TJ TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Helen Gray, PE, City Engineer DATE: 12/19/2013 RE: A Resolution Approving the Second Amendment to the Agreement with Keith & Schnars, P.A. for Professional Services for the FPL Overhead to Underground Conversion Project RECOMMENDATION: 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 that included assessment, data collection, refined cost estimates and schedules, and coordination with various utilities and service providers within the project limits has been completed and Phase II which includes work up through preparation of construction drawings for bidding is underway. As described in the agenda memorandum for the Phase II Contract Amendment approved in June 2013, future contract amendment(s) would 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. In addition, in the development of construction drawings for this project, http: / /sibag enda. sibfl .net /Agenda/Preview.aspx ?ltemlD= 1198 &MeetingID= 0 &i%4eetinRD... 1211312013 i Preview Page 2 of 2 FPL is requiring additional work off the Collins Avenue corridor in order to complete grid and service requirements; this additional design work was not contemplated in the previously approved Phase II services. A future contract amendment is expected to include bidding /award support and construction administration and inspection functions. Note that this project is to be completed by the City in advance of the Collins Avenue resurfacing project currently scheduled for 2016. COST: Not to exceed $127,470.00 from Account No. 20.600 -5636. ATTACHMENTS: Resolution Agreement http: / /sibagenda.sibfl. net / Agenda / Preview. aspx ?ltemlD = 1198 &MeetingID= 0 &A4eetingD... 12/1 3 V201 J