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HomeMy WebLinkAboutReso 2019-2964 RESOLUTION NO. 2019 - 21 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CRAVEN THOMPSON & ASSOCIATES, INC. TO PROVIDE ENGINEERING CONSULTING SERVICES FOR THE GOLDEN SHORES UTILITY UNDERGROUNDING AND ROADWAY IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED NINE HUNDRED TWENTY-TWO THOUSAND SIX HUNDRED FIVE DOLLARS (5922,605.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised RFQ No. 18-08-01 for Consulting Engineering Services for Golden Shores Utility Undergrounding and Roadway Improvements, for which five (5) responses were received; and WHEREAS, via Resolution No. 2019-2889 the City Commission ranked and authorized the City Manager ,to begin negotiating with the first ranked firm of Craven Thompson & Associates, Inc.; and WHEREAS, after extensive negotiations, Craven Thompson & Associates, Inc. have agreed to provide the services as more specifically described in Exhibit"A"; and WHEREAS, the City is desirous of securing a firm to provide professional engineering consulting services to the City; and WHEREAS, the City Commission wishes to approve an Agreement with Craven Thompson & Associates, Inc. to provide professional engineering consulting services for the Golden Shores Utility Undergrounding and Roadway Improvements project, in an amount not to exceed Nine Hundred Twenty-Two Thousand Six Hundred Five Dollars ($922,605.00), 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 Agreement. The City Commission hereby approves an Agreement with Craven Thompson & Associates, Inc. to provide professional engineering consulting services for the Golden Shores Utility Undergrounding and Roadway Improvements project, in an amount not to exceed Nine Hundred Twenty-Two Thousand Six Hundred Five Dollars ($922,605.00), attached hereto as Exhibit"A". Section 2. Authority to Enter into an Agreement. The City Manager is hereby authorized to execute an Agreement with the first ranked firm of Craven Thompson & Associates, Inc., provided said Agreement is first approved as to form and legal sufficiency by the City Attorney. R2019 Agmt W Craven Thompson For Golden Shores Undergrounding Page 1 of 2 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 18th day July 2 4 19. George H. S oll, Mayor AT 1,S;'I c �� ' 1�� iJy i 11(v� rf'Mauri`cioBeta cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY idtdind Edward A. Dion, City Attorney Moved by: via- 1Y1 ( cVECcnl Second by: JymAtSadt.on1e Coayvbfw VOTE: Mayor Scholl I(Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Lama —V, (Yes) (No) Commissioner Viscarra (Yes) (No) R2019 Agmt W Craven Thompson For Golden Shores Undergrounding Page 2 of 2 0"Y ist f City of Sunny isles -each AOed � re O p 18070 Collins Avenue Sunny Isles Beach, Florida 33160 t ,.33: � s HR'955,,f L:o0,0°0 y4.r (305)947-0606 City Hall ts`rT OF 5v' ' (305)949-3113 Fax • MEMORANDUM TO: The Honorable Mayor and City Commission VIA: FROM: Christopher J. Russo, City Manager DATE: 7/18/2019 Agreement with Craven, Thompson&Associates, Inc. to RE: Provide Engineering Services for the Golden Shores Utility Undergrounding Project RECOM M ENDAT ION: This item is presented for your consideration. REASONS: A Request for Qualifications 18-08-01 was advertised and five (5) engineering firms responded last fall for the provision of professional Civil engineering, Survey and Construction Phase services for the undergrounding of utilities within the Golden Shores Neighborhood. This project involves the survey, project coordination, preparation of construction documents incorporating data provided by the respective utility providers in the neighborhood, and construction observation services for the undergrounding of utilities for approximately 225 single family homes in Golden Shores. Through Resolution No. 2018-2889, the City Commission ranked Craven Thompson & Associates number one for RFQ 18-08-01 and authorized the City Manager to negotiate and enter into an agreement. The maximum total funding required for these services is $922,605.00 and work will commence upon Commission approval. FUNDING SOURCE: • 281 , ,. '- AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH •'',, L` AND CRAVEN, THOMPSON & ASSOCIATES, INC. CONTRACT NO. 2019 -7174 THIS CONTRACTU.1L AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 19 day of U , 2019,by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CRAVEN, THOMPSON& ASSOCIATES, INC., a corporation authorized to do business in the State of Florida(hereinafter referred to as"Consultant")whose Federal I.D.#is 59-0948029. RECITALS WHEREAS, the City is in need of Consultant to provide professional consulting engineering services for Golden Shores Utility Undergrounding and Roadway Improvements ("Services"); and WHEREAS, the City issued a Request for Qualification "RFQ" for the services and - Consultant has expressed the ability and desire to provide these Services as more fully described in Attachment"A",which is attached hereto and incorporated herein by reference; and WHEREAS, Consultant is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS,the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed NINE HUNDRED TWENTY-TWO THOUSAND SIX HUNDRED FIVE DOLLARS ($922,605.00) plus reimbursable expenses in accordance with Attachment"A". NOW THEREFORE, in consideration of the promises and the mutual covenants herein name,the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide the Services as more particularly described in Attachment"A"attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder,the term of this Agreement shall begin upon the issuance of a Notice to Proceed from the City Manager or designee and shall continue for a period of four(4) years from the date of issuance of the Notice to Proceed. This Agreement may be renewed for one(1) additional one(1)year term, if necessary and mutually agreed to in writing between the parties. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered,the City shall pay Consultant an amount not to exceed NINE HUNDRED TWENTY-TWO THOUSAND SIX HUNDRED FIVE DOLLARS ($922,605.00) plus reimbursable expenses in accordance with Attachment "A", and under the following conditions: Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax a_ Invoice Requirements. Consultant shall be required to submit detailed billing invoices, with each job detailing the number of hours performed, in order to be paid by the City. The dates and times the Services must be provided shall be mutually agreed upon by the City and Consultant. All Services to be performed by Consultant including the dates and times shall be directed through, and approved in advance by,the City Manager. Each invoice shall designate the nature of work performed and be accompanied by records fully detailing the amounts stated on the invoice. If any items are quested by the City, the City shall notify the Consultant of any items questioned. Consultant shall prepare verification data for the amount claimed and provide complete cooperation during such investigation of any areas in the invoice subject to question. b. Disbursements. There are reimbursable expenses associated with this contract as more particularly described in Attachment "A". 1'-Iowever, no additional reimbursable expenses are authorized without express written approval in advance from the City Manager or his designee. c. Payment Schedule, invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. The City shall pay the Consultant for the performance of each task or for partial completion of each task on a pro rata basis. Requests for payment shall not be made more frequently than on a monthly basis. 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. d. Availability 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. e. 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 final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have beeninvoiced 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 2 Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305)949-3113 Fax further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT 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 Consultant other than those obligations which have been or shall have been undertaken by the City. Consultantshall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying.out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the.Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen(15)calendar days. 7. _ INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees,as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products,and completed operations,personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000)per occurrence. 0 Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. U Umbrella insurance shall be required to purchase,maintain,and keep in full force, effect, and in good standing above the primary liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars($1,000,000.00)per occurrence. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's 3 Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305)949-3113 Fax indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. 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 shall be appropriately endorsed for contractual liability, with the City named as 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 certificatesof insurance shall provide that the policies may not be canceled or altered without thirty(30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub-Consultants providing services hereunder(if any)procures and maintains,until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to falfill 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails,refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing,the Consultantshall 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 payment 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 Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii)above shall be applicable hereunder. 4 Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax for Insolvency. The Cityalso reserves the right to terminate the C. Termination � cy 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. 9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County,Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial,trial and appellate levels. 10. 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 from violating such provisions. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent(except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested,(ii)by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by 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 Ed Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue,4th Floor City of Sunny Isles Beach Sunny Isles Beach,Florida 33160 18070 Collins Avenue,4th Floor Tel: (305)792-1776 Sunny Isles Beach,Florida 33I60 Tel: (305)792-1766 If to the Patrick Gibney, P.E. Consultant: Vice President of Engineering 3563 NW 53rd Street Fort Lauderdale,FL 33309 P2ibnevecraventhompson.corn 12. 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. 5 Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax. 13.. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public Records Law: (i.)Consultant shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,Florida Statutes,or as otherwise provided by law. (iii.) Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the City. • (iv.)Consultant shall,upon completion of the contract,transfer,at no cost,to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Consultant keeps and maintains public records upon completion of the contract,the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk®sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 331 14. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars (81,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification,is listed on the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1,2018. Any contract entered into or renewed after July 1,2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachment"B". Submitting a false certification shall be deemed a material breach of contract. 6 Craven,Thompson&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305)949-3113 Fax The City shall -provide notice,in writing,to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the Cityshall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state Rights Act of 1984 as amended,Title VIII ordinances and with Title VI of the Civil Ri civil rights 1 of the Housingand CommunityDevelopment of the Civil Rights Act of 1968 as amended,Title p Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans_ with Disabilities Act of 1990, the Age Discrimination. Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer,recruitment or recruitment advertising, layoff,termination,rates of 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. 16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of I.nterest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which, are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly 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. The Consultant guarantees that helshe has not offered or given to any member of, delegate to the Congress of the United States,any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives,officers, directors,officials and employees from and against all claims,damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings)relating to,arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this 7 Craven,Thompson&Associates,Inc. EMU City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305)949-3113 Fax Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment,or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors,mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts,errors,mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars (5100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 18, MISCELLANEOUS, A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts,each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement.. E. This Agreement contains the entire agreement of the parties,and may be amended, waived, changed,modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. Contractor shall comply with all laws,regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. G. 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 Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments"A"and"B". 8 Craven,Thompson&Associates,Inc. =mai& ,Nomenmeigummoimmait.n. Chy of Sum!"Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 . • (305)947-060'6 2hona(3W)90031 R3 Pala vsmagammea.. momwmAiimi,- IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: CRAVEN,THOMPSON& ASSOCIATES,INC., / 6 '' .4Aof MP" BY: ,/ Patrick co... icy,P.E.,,,erPresident of Engin- ta-o4 6r b Print Name ATTEST: CITY OF S SLESBEACH BY: BY: BY: Mauricio e 1,CMC,City CletIc Ge Scholl,Mayor • APPROVED AS TO FORM AND LEGAL SUFFICIENCY • BY: BY: 6e-s1.4' Departmen Head Ed Dion,City Attorney 9 QM',Thurman&AsOubbni, City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone(305)949-3113 Fax Attachment"A" 10 Craven,Thompson&Associates,Inc. July 18,2019 CitySunny of Isles Beach Attn: Ms.Genesis Cuevas 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: AGREEMENT FOR PROFESSIONAL SERVICES GOLDEN SHORES, UTILITY UNDERGROUNDING PROJECT SUNNY ISLES BEACH,FLORIDA CTA PROPOSAL NO.2018-UO3.383(REVISED) Dear Ms.Cuevas: The firm of Craven Thompson & Associates, Inc. (CTA) is pleased to provide you CRRIEN 1HOA IPSON with the following proposal for professional Civil Engineering, Survey, and C_ Construction Phase services for the undergrounding of utilities within the Golden Shores Neighborhood. This project involves survey, project coordination, construction documents, and construction observation services for undergrounding of overhead utility services for approximately 225 homes(refer to Exhibit 'A'). &ASSOCIATES INC. A typical approach towards undergrounding of utilities can be broken into three -Engineers - phases, 1) Assessment, 2) Design and Permitting, and 3) Bidding/Construction. Planners The CITY anticipates funding to be established through their CIP; therefore, Surveyors Landscape Architects funding mechanisms, such as special assessment, are not addressed within this proposal. For the purpose of clarification, a summary of the undergrounding process is described as follows: Phase 1-Assessment: The purpose of Phase 1 is to establish the parameters for the project including preliminary schedule, critical timelines, existing conditions, coordination with utilities, facilitate FP&L design process, and identifying issues with potential impact to the project. With the information collected with this first phase, a base-file is created 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, additional information is obtained through more intense means. 3563 N.W.53rd Street Fort Lauderdale,FL 33309-6311 (954)739-6400 • Fax(954)739-6409 1 Ms.Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 2 Phase 2—Design and Permitting: In Phase 2 proposed plans are produced. The information collected in Phase 1 will be verified and used for the proposed design. FP&L and other utility providers will prepare designs for their individual systems. The CTA will coordinate the individual designs into a cohesive set of plans with detailed installation requirements. In addition to plans,this phase includes coordination with various permitting agencies. At the conclusion of this phase, all design issues and requirements should be identified, construction documents, coordinating and addressing utility concerns 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 with project management to avoid problems with transfer and delivery. After construction of underground infrastructure is complete, the transfer of overhead utilities to the underground infrastructure and switchover of individual services will commence. These services are not included in this proposal as they have yet to be defined. Our scope of services is as follows: SCOPE OF SERVICES I. Phase 1-Project Assessment 1.1.a. Boundary&Topographic Survey of Pipeline Route(CTA Task No. 11050) Prepare a boundary & topographic survey of portions of the following multiple roadways and swales within the Golden Shores Neighborhood in the City of Sunny Isles Beach, Florida. The project limits are delineated on the attached Exhibit'A'. The survey will include locations within the full right-of-way of the roads listed below and all aboveground improvements. The total project length, including all streets listed covers approximately 14,000 lineal feet. 1. North Bay Road 2. Atlantic Blvd. 3. 185th Street 4. 186th Street 5. 187th Street 6. 188th Street 7. 189th Street 8. 189th Terrace 9. 190th Street 10. 191st Street 11. 191st Terrace CRAVEN 1HOMPSON&ASSOCIATES INC. Ms.Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 3 The survey will meet all the current surveying requirements of the Board of Professional Surveyors and Mappers of the State of Florida, as defined in Chapter 5J-17, Florida Administrative Code and will include the following: including▪ The location of all aboveground visible improvements, c g p avement slabs, fences, signs, mailboxes, streetlights, overhead poles/wires and utility features, within the limits of this survey, as defined above. ■ Trees within the right-of-way, 3 inches in diameter or larger at breast height will be located and identified with their common name,if known. ■ Rims, inverts, and pipe sizes and material will be measured on any drainage and sanitary structures found along the route, if accessible and physically unobstructed. Otherwise,they will be noted on the drawing. • Cross-section elevations will be taken at 50-foot intervals along all roadways, and cover from right-of-way to right-of-way including swales. • A survey baseline will be established along each roadway with survey control points set at 200-foot intervals with x-y-z coordinate values on them. • All elevations will be relative to North American Vertical Datum of 1988 (NAVD88) Geodetic SurveyNGS Florida Department of and based on National (NGS), P Transportation (FDOT), or South Florida Water Management benchmarks. • Benchmarks will be provided on survey control, set on, or immediately adjacent to the project,and shown on the survey for future construction. • The preparation of the survey drawing will be in AutoCAD Civil 3D, version 2017 or higher, drawing file format, and provided along with a hard copy, signed and sealed. Approximate time of completion: three -four(3-4) months, after receipt of Notice to Proceed(weather permitting). 1.1.b. Topographic Survey of FPL Equipment Areas 15 sites(20'-30')(CTA Task No. 12160) The survey will meet all the current surveying requirements of the Board of Professional Surveyors and Mappers of the State of Florida, as defined in Chapter 5J-17, Florida Administrative Code and will include the following: • The surveys will include the location of all aboveground visible improvements, including pavement, slabs, fences, signs, mailboxes, overhead wires and utility features,within the limits of each site, as defined above. • Trees within the site, 3 inches in diameter on larger at breast height will be located and identified with their common name, if known. • All elevations will be relative to North American Vertical Datum of 1988 (NAVD88) and based on National Geodetic Survey (NGS), Florida Department of Transportation (FDOT),or South Florida Water Management benchmarks. Approximate time of completion: five-six(5-6) weeks, after Task 1.1.a is completed (weather permitting). CRAVEN 1HOMPSON&ASSOCIATES INC Ms.Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 4 • 1.2 Project Definition Based upon kickoff meeting with the CITY, CTA shall compile budgetary cost estimates for the complete project. With input from the utilities, CTA will prepare a preliminary schedule of the project to identify project milestones. CITY understands that at this stage, the project is extremely conceptual with minimal input from FP&L or other Utilities. Budget estimates are based upon general assumptions validated where possible by FP&L and Utility providers. Estimates will identify general assumptions and qualifications. 1.3 Meetings/Coordination with FP&L and Utilities FPL- CTA to introduce project to FP&L and identify project as defined by CITY. Through meetings and correspondence, CTA will determine project details, including existing and proposed utility locations, service connections, easements, service requirements, timelines, phasing, limitations, tariff, responsibilities (FP&L, CITY, and CTA), preliminary costs, and other information needed to move the project forward as well as coordination with other utilities. Other Utilities — In conjunction with FP&L, CTA shall solicit other utilities to introduce the project and identify details including existing and proposed utility locations, service connections, easements, service requirements, timelines, phasing, limitations, permit procedures, preliminary costs, pole/line agreements, relocation, design criteria and other information needed to move the project forward and coordination with other utilities. Other utilities include phone, cable,water,gas, sanitary and storm sewers. City— In providing the above services, CTA shall attend periodic meetings with CITY to provide review and update of findings. The frequency of meetings will be as determined by CITY and predicated by progress and issues that arise. Services for this task to be billed on an hourly basis with a Not-to-Exceed cost. Additional fees will only be paid with prior authorization and approval from the CITY. For the purpose of this proposal, CTA estimate of effort assumes an average of 4 hours per week over a period of ten (10)weeks to be spent on meetings and coordination with CITY. 1.4 Existing Conditions Plan In addition to soliciting information from utilities identified within the project limits, CTA shall research existing atlases, right-of-way maps, survey, plat, and as-builts to assess completeness. Once compiled, information will be analyzed to determine if sufficient to create a base file for design within the corridor. The purpose of this task is to gather information necessary to create an electronic base-file depicting existing conditions to be used for design. The intent of this task is to locate existing features with a reasonable degree of accuracy so that proposed improvements can be designed CRAVEN 1HONIPSON&ASSOCIATES INC. Ms.Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 5 to avoid conflict. Using test-hole information, in combination with plans, as-builts, and mark-ups from the individual utility providers, CIA shall input horizontal and vertical information into base-file for use in design plans. Once complete (existing information input) the base-file will be re-circulated to utility providers to ensure existing utilities are properly represented. 1.5 Existing Meter Locations Services are currently provided from rear yards. With undergrounding, service will be provided from the right-of-way. With undergrounding, new services will need to be routed from the right-of-way to the existing meters. In order to coordinate routing of services relative to proposed transformers, the existing point of service must be identified for each individual home. Working with survey in conjunction with information solicited from homeowners by City via mailer, CTA shall identify existing service locations and use such information to coordinate design. Although on private property,service connections are considered to be included with this project. 1.6 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 CTA. 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, CTA assumes up to 30 test-holes may be required. II. Phase 2—Design and Permitting 2.1 Identify Related Projects: To properly coordinate with ongoing projects either within the neighborhood or in close proximity, using information provided by CITY, CTA shall incorporate proposed improvements into the design plans. Example of other projects include the storm water and pump station upgrades and previous phases of undergrounding improvements adjacent to the neighborhood along Atlantic Boulevard. In addition, plans will iriclude milling and resurfacing of all roadways upon completion of undergrounding and interconnecting pedestrian walkways at 185th, 186`h, and 189th Streets. 2.2 Prepare Preliminary Plans: Utilizing completed base-file and design requirements collected from the various utilities, CTA shall prepare preliminary plans to be disseminated to for coordination and discussion. Using the information provided in Task 1.3, individual requirements of each utility will be identified and incorporated into the preliminary design. CTA shall coordinate underground conduit needs, locations, structure sizes, and aboveground CRAVEN 1HOMPSON &ASSOCIPJES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 6 equipment to the extent possible. In addition, CTA shall identify proposed easements required to accommodate additional above-grade improvements. CTA assumes most underground features to be located within the right-of-way with the occasional exception for larger equipment and service connections. 2.3 Prepare Design Development Plans Based upon input on Preliminary plans from FP&L and utility providers, CTA shall incorporate individual design improvements into the Underground Plan. Once updated CTA will redistribute to all utilities for confirmation and further coordination. 2.4 Prepare Easement Descriptions Most of the proposed equipment is assumed to be placed within the public right-of- way. However, there will be occasion for some equipment to be placed on private and/or public property therefore requiring an easement dedication. Based upon information coordinated with the utility requesting the easement, CTA shall provide specific purpose survey and sketch and legal description of the easement. Pursuit of easement dedication and/or processing/recording of the easement is by the City. Although the exact number of easements cannot be determined without plans, based upon preliminary information from FPL, it is anticipated that fifteen (15) easements will be required. Preparation of individual sketches with legal descriptions of each FPL Equipment Site that are ready for recording purposes in the Public records of Miami Dade County. Approximate time of completion:two-three(2-3)weeks after Task 1.1.b is completed. 2.5 Site Lighting Plan With removal of the overhead lines, existing power-poles and attached lighting will be removed. It is the City's intent to replace the existing lighting with decorative poles more evenly distributed throughout the neighborhood. With assistance from Hillers Electrical Engineering (HEE), a lighting plan shall be prepared. Plan will be based upon fixture and criteria established by City. Service to lighting will be established with FPL and coordinated through the undergrounding plans. 2.6 Prepare Construction Documents Based upon input from Design Development plans from FP&L and utility providers, CTA shall refine the Underground Plan into Construction Documents (CD's). Plans shall incorporate sufficient detail for construction of proposed improvements and be used as basis for bids and permits. With permit approvals, plans will progress to 100%CD's. CRF JEN.1HOMPSON&ASSOCIPJES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 7 2.7 Process Permits Because the proposed work is assumed to take place entirely within CITY right-of-way and because no modifications to the existing storm system and/or utilities are anticipated, permitting services are not believed to be necessary and are therefore are excluded from this proposal. 2.8 Meetings and Coordination: Because of the complexity of this project with its multiple variables and tasks, p Y p complicated bylonglead times and constraints on delivery, a schedule of sufficient P Y detail is necessary to ensure success. CTA shall identify components of the project, and show dependency upon one another to identify critical milestones and prepare a work plan for meeting schedule demands. CTA shall utilize the schedule as a means to monitor progress. In addition, CTA shall create and track a list of outstanding Action Items and provide periodic reports to CITY with regard to project status and progression of tasks. 2.9 Landscape Field Review and Restoration: Based on proposed plans, CTA shall provide a field investigation to determine impacts to existing landscape improvements within the right-of-way. CTA shall provide a generic recommendation/specification for landscape protection, relocation, and replacement in addition to plans and/or details where more specific direction is required. Because the extent of these services cannot be defined without plans, CTA's services are based on an estimated budget and billed on a time and material basis. III. Phase 3—Bidding&Construction 3.1 Prepare Bid Package: In order to advertise the project, a bid package must be compiled for procurement including plans, specifications, notice, and instruction to bidders. CTA shall provide specifications specific to construction of improvements. CITY will be responsible for providing General Conditions, bid notice, and instructions to bidders. Bid tabulations and quantities will be provided by CTA based upon approved plans. 3.2 Bid Solicitation: Procurement of bids, advertising, replication and dissemination of bid documents will be byCITY. CTA shall assist in the biddingprocess byaddressingquestions from bidders, attending pre-bid meetings, assessing bids and qualification of bidders. Decision for award will be solely by CITY. CRAVEN 1HOMPSON&ASSOCIATES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page.8 3.3 Periodic Construction Administration Upon selection of a contractor, CTA shall provide construction phase services including a pre-construction meeting, shop drawing review, response to RFI's and field changes, input on contractor change order requests, and review of pay requisitions for quantities and materials in-place. In addition, CTA shall review as-builts, field tests, and densities (provided by contractor) for completeness and use in close-out and certification. CTA's services are based on an estimated budget assuming a construction period of eighteen (18) months, with approximately eighty (80) hours allocated to document review, construction administration, and close-out. 3.4 Periodic Construction Observation CTA shall provide periodic inspection services to confirm construction in compliance with approved plans. In addition, CTA shall identify work substantially complete. CTA shall observe testing and review reports from testing agencies as well as review as- builts provided by the Contractor. In addition, CTA shall monitor the Contractor's progress through weekly reports. Proper notice and testing procedures is the responsibility of others. CTA's services are based on an estimated budget assuming a construction period of eighteen (18) months, approximately twelve (12) months at twenty(20) hours per week and six(6) months at ten (10) hours per week for inspection with an additional forty(40) hours allocated to construction coordination and meetings. Weekly efforts and estimated timeframes will be adjusted as necessary to accommodate project needs as determined by the City. NOTE: Periodic Construction services do not include conversion of over-head services to underground. Because these services require a better understanding of commitments from the individual utility providers, they are not included with this proposal. 3.5 Additional Services Due to the nature of the project and the potential for unknows,there is a potential that additional design services may be required which cannot be identified at this time. To address this situation, additional fees shall be available for billing on a T&M basis provided that CTA obtain written authorization and approval from the City prior to performance of such services. CRPNEN 1HONIPSON&ASSOCIATES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page'9 PAYMENT SCHEDULE TASK DESCRIPTION PAYMENT TYPE PAYMENT AMOUNT Subtask 1.1.a, Boundary and Topographic Survey Lump Sum $78,000 Subtask 1.1.b. Survey of FPL Equipment areas Lump Sum $21,000 Subtask 1.2 Project Definition Lump Sum $5,130 Subtask 1.3 FPL/Utilities Mtg.'s&Coord. NTE $22,550 Subtask 1.4 Existing Conditions Plan Lump Sum $40,400 Subtask 1.5 Existing Meter Locations NTE $ 17,060 Subtask 1.6 Utility Test-holes NTE $ 19,610 Phase 1 subtotal= $203,750 Subtask 2.1 Identify Related Projects Lump Sum $21,200 Subtask 2.2 Prepare Preliminary Plans Lump Sum $62,400 Subtask 2.3 Prepare Design Development Plans Lump Sum $62,400 Subtask 2.4 Prepare Easement Descriptions Lump Sum $9,750 Subtask 2.5 Site Lighting Plan Lump Sum $80,000 Subtask 2.6 Prepare Construction Documents Lump Sum $57,800 Subtask 2.7 Process Permits N.A. N.A. Subtask 2.8 Meetings and Coordination NTE $43,500 Subtask 2.9 Landscape Field Review T&M $15,000 Phase 2 subtotal= $352,050 Subtask 3.1 Prepare Bid Package Lump Sum $16,720 Subtask 3.2 Bid Solicitation Lump Sum $7,880 Subtask 3.3 Construction Administration NTE $46,100 Subtask 3.4 Construction Observation NTE $246,105 Subtask 3.5 Additional Services NTE $50,000 Phase 3 subtotal= I $366,805 CRAVEN 1HO4IPSON&ASSOCIPJES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 10 COMPENSATION A. Fees: We estimate our fees for Section 3.0 Scope of Engineering Services to be: • Total Lump Sum Fees(1.1.a, 1.1.b, 1.2, 1.4, 2.1, 2.2, 2.3, 2.5, 2.6, 3.1 &3.2) $462,680.00 • Total Time and Materials Fees(1.3, 1.5, 1.6, 2.8,2.9, 3.3, 3.4&3.5) $459,925.00 • Total Maximum Contract $922,605.00 Reimbursable Expenses Reimbursable expenses shall include printing, mylars, copying, postage, photographic services, long distance phone calls, Federal Express and courier services. The estimated budget for reimbursables is •$3,000.00. INFORMATION PROVIDED BY OTHERS: INFORMATION PROVIDE BY CITY: • Any available Atlas and/or as-built information for existing infrastructure. • Plans for other proposed improvement projects in CAD format. • Property lines in electronic format. • Permit fees, if applicable,are to be paid by City. • Information regarding existing easements (other than platted easements). • FP&L final design plans are to be incorporated into bid package. Although responsible for . coordinating with FP&L, CTA has no control over delivery by FP&L. CTA depends upon CITY to facilitate delivery and cooperation from FP&L. • Applicable design fees to FP&L and/or Utilities are to be paid by City. • General Conditions and generic bid package to be provided by CITY for modification by CTA to reflect specific project requirements. • Door hangers or other solicitation of individual homeowners to be provided by CITY. Scope of Services The scope of services is limited by the specific terms of this proposal. Except as stated specifically herein,no other service will be provided except as"extra work",subject to the fees hereinafter set forth. In reviewing this proposal for professional services, it should be understood that the above proposal items and their corresponding fees do not necessarily represent the full scope'of services required for the project. Rather, it represents our best effort to set forth those services which we believe to be those requested by you, the Client, and/or those we can • determine to be needed to accomplish a particular objective. However,we recognize and we ask that the Client recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified. Several factors will cause this to happen: 1. Additional requirements identified by the Client. 2. New laws or governmental agency requirements. As these influences occur and are identified,we will advise you of same and seek your direction as to how you wish to proceed. Work required as a result of the above will be"extra work"outside of the original scope of services. Upon your direction,we will perform the work under the"Hourly Fee Schedule"section of this proposal or we can provide you with a separate proposal should the scope so indicate. CRMEN 1HOMPSON&ASSOCIPJES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 . Page'1.1 . Hourly Fee Schedule Civil Engineering Services Principal Engineer $200/Hour Senior Supervising Engineer $185/Hour Senior Engineer $135/Hour Project Engineer $115/Hour Engineering Senior CADD Technician $95/Hour Land Surveying&Mapping Services Principal Surveyor $165/Hour Professional Land Surveyor $125/Hour Project Surveyor $115/Hour Survey CADD/GIS Tech $85/Hour Survey Field Crew(1-Man Crew) $92/Hour Survey Field Crew(2-Man Crew) $130/Hour Survey Field Crew(3-Man Crew) $160/Hour Survey Crew with Laser Scan(3-Man Crew) $260/Hour Landscape Architecture and Planning Services Principal Landscape Architect/Principal Planner $165/Hour Senior Supervising Landscape Architect $150/Hour Senior Landscape Architect $135/Hour Landscape Architect $125/Hour Project Landscape Designer $115/Hour Project Planner $115/Hour Construction Administration Services Director of Construction Management $145/Hour Construction Manager $130/Hour Senior Field Representative $95/Hour Field Representative $85/Hour Miscellaneous Clerical $75/Hour Hourly Charges Hourly work will be billed at our current prevailing rates;however,upon written notice and mutual agreement between the City and Craven Thompson & Associates, these are subject to change due to increasing labor and material costs. Hourly work performed outside of normal business hours will be billed at one and a half times the current rates for overtime. The firm's normal business hours are from 8:00 a.m.to 5:00 p.m.,Monday through Friday. Lump Sum Fees The Lump Sum Fees set forth above are applicable for the period of four years as identified in RFQ No. 18-08-01 from the date of this proposal. If the work on any item to which a lump sum fee shall apply is not commenced within said period,the firm • reserves•the right to terminate this Agreement as it relates to,said item. If the work is initiated but not concluded within said period, regardless of the reason therefore, the balance of the fee due may be increased at the rate of one percent (1%) per month foreach month the work continues until the work is complete or as mutually agreed to by the City and Craven Thompson&Associates. Cost Estimates In that our firm does not have control over the cost of labor and materials, or over competitive bidding and marketing conditions, the estimates of construction costs provided by our firm will be made on the basis of our experience and qualifications,but our firm does not guarantee the accuracy of the estimates of probable cost as compared to the contractor's bids. The firm recommends that you consult with the other professionals which you have employed in connection with the project. CRp,IEN 1HOMPSON&ASSOCIATES INC. Ms.Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 Page 12_, Ownership of Documents All documents including, but not limited to,drawings and specifications prepared in connection with the project constitute the work product of the firm and a portion of the instruments of service with respect to the project. Such documents and/or specifications constitute a portion of the integral services provided by the firm and,as such,are not intended or represented to be suitable for reuse by you or others or for extensions of the project or in connection with any other project. The firm specifically disclaims any responsibility and/or liability for or in connection with the reuse of such documents and/or specifications or any use thereof beyond the scope of the Project as set forth herein. By your execution of this proposal,you agree to indemnify and hold the firm harmless from all claims, damages, losses and expenses including, but not limited to, attorney's fees arising out of or resulting from the reuse or extended use of such documents or specifications. Permits and Approvals The permits and agency approvals mentioned above are those known to us to be required for projects of this kind,and we will apply for them as indicated. However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore cautioned that additional permits or approvals other than those presently identified may be required. Should this arise,we will notify you and respond promptly to the requirement. Construction Requirements At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by governmental agencies,the firm will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of the work, which performance will be rendered by others. It will be necessary,therefore, for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract documents. It shall be your responsibility to notify the firm of the commencement of any work so that the firm may perform the necessary inspections and observations. The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover,and in addition to the required site visits,the firm must also prepafe-and review the as-built drawings during and at the end of the construction period. All-of the The firm shall not be responsible for the quality or quantity of the work,the execution thereof,the techniques or sequences of construction,the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith.. In performing the services required of it,the firm will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder. Absent bad faith in the performance of the work hereunder,the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project. No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County. The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently provides a complete range of construction-related services which it will be happy to discuss with you at the time that your project is ready for construction. Permit Fees;Application Fees;Outside Consultant Fees • The service fees set forth herein do not include the payment of governmental agency submittal fees,review fees or permit fees, or any other charges assessed by said agencies. Further,the service fees do not include the cost of services provided by others. These fees shall be paid for by the Client. Should our firm find it absolutely necessary to advance fees for the Client,said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. Direct Charges Unless otherwise specified,the above service fees do not include the following direct charges: CRINEN 1HONIPSON&ASSOCIATES INC. Ms. Genesis Cuevas CTA Proposal No. 2018-UO3.383 (Revised) July 18, 2019 'Page 13- 1. Blue prints,mylars and xeroxing will be billed at current price schedule per print copy. 2. Postage,Federal Express,photographic services for enlargements,reductions,etc.:At Cost plus 10%handling charge. Assignment It should be expressly understood that this proposal is for the use of the executing Client and is not assignable or assumable by any third party. LIABILITY PURSUANT TO F.S. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Invoicing and Payment Work will be invoiced at the end of each month based on a proration of work completed to date,with payment expected upon receipt of the invoice by the Client. Client shall notify firm within ten(10)days of receipt of invoice should invoice be found to be unacceptable. Any invoice for which firm is not so notified shall be deemed to be acceptable for purposes of payment by Client. If payment is not received within 45 days of the invoice date,Consultant may terminate this agreement or suspend work under the agreement without further notice, and a late charge of one and one-half percent (1-1/2%) per month on outstanding balance shall accrue until delinquent balance is paid. Client agrees to pay all costs of collection,including reasonable Attorney fees,should such action be required. Client's Responsibilities 1. The Client shall provide full information regarding requirements for the project including a program,which shall set forth the design objectives,constraints and expendability,special equipment and systems and site requirements. 2. Due to the nature of proposed work,the services of soil engineers or other consultants are not deemed necessary. If Client decides to incorporate such services,they shall be furnished by Client.Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations. 3. The Client shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 4. The Client shall furnish a Legal Description of the property and the appropriate Title Information. 5. The Client shall execute all permit applications. As"Permittee",or"applicant"or"holder",Owner shall be responsible for complying with the conditions of all permits issued. In particular,Client shall be responsible for the safety of the General Public during construction. CRAVEN 1HOMPSON&ASSOCIATES INC. Ms.Genesis Cuevas CTA Proposal No.2018-UO3.383(Revised) July 18,2019 Page 14 Acceptance This proposal and fee schedules are based on acceptance within 30 days of the date of preparation,, If not 'accepted by you within that .time,period, we• reserve the right to re-evaluate the terms and conditions contained herein.. If the proposed work and fees contained herein are agreeable with,you, please sign the enclosed copy of this letter and return same to our office. Should you have any questions regarding the above, please do not hesitate to call. Sincerely, CRAVEN THOMPSON.&ASSOCIATES,INC. let TIM . HALL, P . PAT `C NEY,:P.E. Senior Supervising Engineer Vice P si PAT //: Engineering TJH/fd ACCEPTANCE OF PROPOSAL: The above fees,terms, conditions, and specifications are:satisfactory and are hereby accepted. You are authorized to do the workas specified. Payment will be made as outlined. THIS PROPOSAL ACCEPTED BY: Name:&Title Firm Name Date Telephone:Number, Facsimile Number. CRAVEN IHOMPSON&ASSOCIATES INC.