HomeMy WebLinkAboutReso 2015-2402 RESOLUTION NO. 2015 - 2,y o2,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD
AMENDMENT TO THE AGREEMENT WITH KEITH AND
SCHNARS, P.A. FOR PROFESSIONAL SERVICES FOR THE FPL
OVERHEAD TO UNDERGROUND CONVERSION PROJECT, IN
AN AMOUNT NOT TO EXCEED FOUR HUNDRED THREE
THOUSAND THREE HUNDRED TWENTY DOLLARS($403,320.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT;AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach has undertaken and completed a significant
portion of undergrounding the overhead utilities with four(4)areas still remaining: Collins Avenue,
Sunny Isles Boulevard, Center Island, and the Golden Shores Neighborhood; and
WHEREAS, the City advertised and issued Request for Proposals (RFP)No. 12-04-05 for
Utility Undergrounding Consultant Services to outline the scope of services to coordinate efforts
towards completing undergrounding of utilities within these four remaining areas; and
WHEREAS, on February 21, 2013 via Resolution No. 2013-2027 the City Commission
entered into an Agreement with Keith and Schnars, P.A. for Utility Undergrounding Consultant
Services for Phase 1 for the Collins Avenue corridor only including assessment, data collection,
refined cost estimates and schedules, and coordination with various utilities and service providers
within the project limits, including the investigation of the existing system in an effort to determine
what additional improvements may be appropriate to include in the overall undergrounding project,
in an amount not to exceed Fifty-Four Thousand Six Hundred Eighty Dollars ($54,680.00); and
WHEREAS,on June 20,2013 via Resolution No. 2013-2072 the City 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 ($275,030.00); and
WHEREAS, on December 19, 2013 via Resolution No. 2013-2172 the City Commission
entered into a Second Amendment to the Agreement with Keith and Schnars, P.A. 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,in
an amount not to exceed One Hundred Twenty-Seven Thousand Four Hundred Seventy Dollars
R2015-Keith and Schnars 3rd Amd to Agmt Utility Undergrounding Consultant Page I of 3
($127,470.00),bringing the total contract amount not to exceed to Four Hundred Two Thousand Five
Hundred Dollars ($402,500.00); and
WHEREAS, the City now wishes to enter into a Third Amendment to the Agreement with
Keith and Schnars for Amendment No. 03 which includes additional specific purpose surveys and
land surveying services needed for legal descriptions and sketches of proposed utility easements for
pad mounted equipment for FPL, as well as further plan revisions and coordination to facilitate
consistency of the City design with that of FPL, in an amount not to exceed $68,230.00; and
WHEREAS, FDOT has a pending project for the Resurfacing, Restoration and
Rehabilitation(RRR)of Collins Avenue which is currently scheduled to commence in October 2016,
and Amendment No. 04 includes those additional services required to ensure completion of the
City's overhead to underground conversion project in advance of FDOT's proposed RRR Project,
and in order to maintain a continuously looped underground system, FPL requires an expansion of
the current project scope and limits to incorporate City segments off Collins Avenue, in an amount
not to exceed $335,090.00; and
WHEREAS, the City desires to enter into the Third Amendment to the Agreement with
Keith and Schnars, P.A. to provide said services in connection with Amendment No. 03 and
Amendment No. 04, in a total amount not to exceed Four Hundred Three Thousand Three Hundred
Twenty Dollars ($403,320.00), bringing the total contract amount not to exceed to Eight Hundred
Five Thousand Eight Hundred Twenty Dollars ($805,820.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Third Amendment to Agreement. The City Commission hereby
approves the Third Amendment to the Agreement with Keith and Schnars, P.A. for undergrounding
Consultant services, in an amount not to exceed Four Hundred Three Thousand Three Hundred
Twenty Dollars ($403,320.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become of.- .'ve upon adoption.
PASSED AND ADOPTED this 16t1' day of April 2015.
George •. Scholl, Mayor
R2015-Keith and Schnars 3rd Amd to Aemt Utility Undergroundine Consultant Page 2 of 3
ATTEST:
1 y• .,16t, .
t
.Jane A. Hines. MMC, City Clerk
1
.APPROV 'D '' S TO FORM
1D i E• 1 UFFICIENCY:
/i'
71,/li
_� rH•n tiot,
ity Attorney
Moved by: C b Afek.(0A)
Seconded by: V Le Mtn Y GATT C7
Vote: 5—b
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Gatto V (Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman j Yes) (No)
Commissioner Levin V(Yes) (No)
R2015-Keith and Schnars 3rd Arnd to Agmt Utility Undergrounding Consultant Page 3 of 3
•
u., i= THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY .
*• : OF SUNNY ISLES BEACH AND KEITH& SCHNARS,P.A.
,•:-::••' CONTRACT NO. C1415-055
This Third Amendment to the Agreement between the CITY OF SUNNY ISLES
- BEACH and KEITH & SCHNARS;P.A., executed this 26thday of May ,2015,
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 & 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. Section 2 of the original
Agreement is hereby amended to include additional services associated with the FPL Overhead
to Underground Conversion Project, wherein FPL requires an expansion of the current project
scope and limits to incorporate City segments off Collins, ("Additional Services"), as set forth in
Consultant's proposal, a copy of which is attached hereto and incorporated herein as Attachment
«A„
2. -A.DDITIONAL COMPENSATION. The payment to Consultant, as set forth in Section
4 of the original Agreement, is hereby amended to include additional compensation for the
Additional Services in an amount not to exceed Four Hundred Three Thousand Three Hundred
Twenty Dollars ($403,320.00), bringing the total contract amount not to exceed Eight Hundred
Five Thousand Eight Hundred Twenty Dollars ($805,820.00).
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. The terms, statements, requirements, and provisions
contained in this Third Amendment 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 Attachment"A"or."B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
date mentioned above. -
- SS: KEITH& SCHNARS,P.A.
t - ', ' 10 41_1 IJA. _ _ _
.ign tur-/
BY:
.J01 . te, QL(eln Tim J. ,P.E.,Vice President
Print Name -
Al"1'I ST , ,..;',':.!. :;''s f.. CITY OF ISLES BEACH
141 `4■. 5. 41 :;' ‹.`, \ - BY:•
.Jane.A.•Hines,;MMC-.City Cleilc Georg . Scholl,Mayor
APPRO ' ; • T r, 'ORM AND
1 d a LEGA SAY' ►,i .; Y
3, c
. , . . .)-. dill( ArAAPPAT
' ° 't_�`. H aOttinot, 4 ity Attorney
January 27, 2015
(Revised March 31, 2015)
City of Sunny Isles Beach
Attn: Ms. Elka Linton-Dorsett, Capital Project Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: Agreement for Professional Services
Project Name: City Utility Undergrounding Consulting, Collins Avenue- Phase III
Project Location: Sunny Isles Beach, FL
Keith and Schnars Project 18073.00—Amendment No.4
Dear Ms. Linton-Dorsett,
In accordance with your request and subsequent discussions between members of our association and
yourself and staff, this agreement between Keith and Schnars, P.A. ("CONSULTANT"), and City of Sunny
Isles Beach ("CLIENT" or "CITY") for professional services is submitted for your consideration and
approval. CONSULTANT shall begin work within ten (10) days after receipt of a fully executed copy of this
Agreement.
I. PURPOSE OF 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
Two recent developments have resulted in significant changes to the project; the addition of areas west of
Collins Avenue and the decision to delay conversion of overhead lines until after FDOT RRR project. Until
recently, project limits were limited to improvements only within Collins Avenue. To meet the design
requirements of current FPL plans, additional improvements off-Collins are to be included. To ensure
improvements within Collins are completed in advance of the October 30, 2016 start of FDOT's RRR
project, the underground project will include only the installation of conduits and equipment pads, with the
conversion of overhead elements to follow completion of the RRR project.
The phasing of the project does not have significant impact to CONSULTANT's services. The services
identified with this amendment account for plan revisions related to expanded project limits, and services
related to construction documents and bidding.
ATTACHMENT "A"
2.0 . SCOPE OF SERVICES
CONSULTANT's services are divided into three categories; Expanded Project Limits, Bidding Services, and
Assessment Roll. Expanded Project Limits includes right-o-way survey, utility research, coordination with
LV utilities, and additional easements. Bidding Services includes preparation of bid documents and
solicitation of bids. In addition to and coinciding with construction, a special assessment will be issued on
properties which benefit from proposed improvements. The City will use an outside consultant to determine
the assessment methodology to be used in preparing the assessment roll. CONSULTANT shall assist
assessment efforts by providing information and cost estimates based upon approved plans.
To avoid disruption to the FDOT's RRR project, the transfer of utilities from overhead to underground will
commence following the completion of FDOT's improvements. The improvements constructed in reference
to this work authorization include the underground infrastructure of conduits, manholes, and equipment
pads necessary for conversion. Upon completion of the underground infrastructure, the right-of-way will be
turned over to FDOT's contractor to deliver the RRR project. Following the RRR project, the transfer of
overhead utilities to underground will commence. Construction Phase Services are not included; they shall
be addressed under separate Work Authorization.
Tasks for subsequent phases will be defined under separate work authorizations. Services for this work
authorization are as follows:
Task 1: EXPANDED PROJECT LIMITS (Base Project):
With the inclusion of off-Collins improvements, the project has been expanded to include.Atlantic Boulevard
between 175th and 178th and Atlantic Boulevard between 185th and 191st. With the expanded areas, utility
coordination, identification of easements, and incorporation of proposed LV designs will be necessary. In
addition, right-of-way survey will be required for the expanded areas.
Survey Services:
Subtask S.11 - Right-of-Way Survey, Atlantic Boulevard:
CONSULTANT shall perform Topographic Design Surveys of the following Locations:
• Atlantic Boulevard from 175th Terrace to 178th Street. (Includes 150 feet of 175th Terrace
east from the intersection with Atlantic Boulevard.) (Total is approximately 1250 feet.)
• 178th Street from southbound Collins Avenue west approximately 600 feet
• Atlantic Boulevard from 185th Street to NE 191st Street. (Includes 300 feet of 185th Street
and 186th Street.) (Total is approximately 2300 feet.)
• 191st Street from southbound Collins Avenue West 250 feet
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 2
The limits of surveying for these sites shall extend from right of way to right of way for sites along
street.
Services shall include the location of above ground permanent improvements such as asphalt,
concrete, surface features of utilities, rim and inverts of gravity 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, platted 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.12-Additional Easement Sketch & Descriptions:
Although not yet defined, CONSULTANT estimates the expanded project area to require an additional
20 easements. Additionally, FPL has not confirmed if existing FPL easements within private properties
are sufficient for use in undergrounding efforts. CONSULTANT shall assume another 10 units to
account for writing of proposed easements on private properties if found to be necessary.
Last, an addition 10 units are included for unforeseen issues encountered in acquiring easements. As
such, CONSULTANT proposes to extend the scope of services identified with task S.3,Amendment#2
with similar pricing structure to account for an additional 40 units (40 additional units @ $350 per unit).
Subtask S.13-Additional Easement Surveys:
As approved with Amendment #2, task S.4 was established to provide site-specific survey for
development of sketch and legal descriptions for proposed easements. Initially, the exact number of
easements was unknown. Units were based upon an area roughly 25'x 25'square.
With the expanded project area, another 20 units are needed to account for equipment easements with
a potential for 20 more units to account for easements on private properties for a subtotal of 40 units.
An additional 10 units are included for unforeseen issues encountered in acquiring easements for a
total of 50 units.
CONSULTANT proposes.to extend the scope of services identified with task S.4, Amendment#2 with
similar pricing structure(50 additional units @$400 per unit).
Subtask S.14 — Locate Test Holes: Using horizontal and vertical control provided through
previous survey tasks, CONSULTANT shall locate individual test holes as identified in Subtask
E.20 and provide an X, Y and Z location relative to the baseline. Test hole locations are to be
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location: Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31. 2015 Page 3
•
•
used with test hole reports in verifying location of existing utilities. Services assume 25 test holes
within the limits described.
NOTE: Additional easements, if required by LV utilities, are not included in the above estimated
services.
Engineering Services:
Subtask E.19—Input Existing Utilities:
The intent of this task is to locate existing features with a reasonable degree of accuracy so that
proposed improvements can be designed to avoid conflict. Using test-hole information, in
combination with plans, as-builts, and mark-ups from the individual utility providers, CONSULTANT
shall input horizontal and vertical information into base-file for use in design plans. Once complete
(existing information compiled and input) the base-file will be re-circulated to utility providers to
ensure existing utilities are properly represented. Minor corrections and details are expected.
Subtask E.20—Utility Test-Holes
To ensure the accuracy of existing conditions, specific utilities will be physically located and
identified with exact vertical and horizontal location designated. Test-hole locations shall correlate
with critical crossings as determined by CONSULTANT. Because the nature of determining
locations is dependent upon proposed design, the number of test-holes required is unknown. For
purposes of establishing a unit price per test-hole, CONSULTANT assumes up to 25 test-holes
may be required. The test holes are priced at$275 each.
Subtask E.21 — Prepare Underground Plans (Off-Collins 185th to 191st):
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.
Subtask E.22—Coordinate FPL Plan Revisions(Off-Collins 175th to 178th)
Using the updated plans to be provided by FPL, CONSULTANT shall modify their plans to reflect
the FPL revisions. CONSULTANT modifications shall include relocation and/or addition of modified
easements, equipment, conduits (size, location, & routing) and impacts to ductbank. Where
necessary, CONSULTANT shall perform field reconnaissance for the purpose of siting easements
within private parcels. CONSULTANT shall coordinate request for information and clarifications
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31.2015 Page 4
directly with FPL. CONSULTANT services include attendance of meetings related to coordination
with FPL.
Subtask E.23—Coordinate with Utilities, FP&L and City:
Upon incorporating, proposed design features of proposed improvements will be distributed for final
coordination and approval from each of the utilities and FDOT. In addition, CONSULTANT shall
identify private improvements to be addressed within the project. CONSULTANT shall support the
City's 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.
Subtask E.24—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.25—Incorporate FDOT Lighting Plan:
Replacement of existing lighting will follow the RRR project. To minimize work associated with
proposed lighting, conduit for lighting shall be included as part of the undergrounding project within
Collins Avenue. Using lighting plans prepared by others on behalf of FDOT, CONSULTANT shall
incorporate information regarding proposed lighting conduits (size and location).
Subtask E.26-Additional Project Management:
Project management fees were approved with Amendment #1 to account for CONSULTANT
services to keep tasks and information from outside sources on track. With the additional effort
created in collecting information from non-responsive utilities, CONSULTANT requests additional
fees for this service.
Task 1A: EXPANDED PROJECT LIMITS (Atlantic Blvd., 178th to 183rd):
In addition to the expanded off-Collins areas identified above, CLIENT is considering an additional along
Atlantic Boulevard between 178th and 1831d Streets. The expanded area will require survey, utility
coordination, identification of easements, coordination with LV utilities, and correlating plan revisions similar
to services identified within Task 1. Services are combined into a single task with the following itemized
costs:
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 5
Survey (S.15)
1. Right-of-way Survey $14,900
2. Additional Sketch & Descriptions (assumes 50 units) $17,500
3. Additional Easement Surveys (assumes 50 units) $20,000
4. Test Hole locations(assumes 25 units) $1,250
Subtotal Survey= $53,560
Engineering (E.31)
5. Input Existing Utilities $13,500
6. Utility Test Holes(assumes 25 units) $6,875
7. Incorporate FPL Design $16,200
8. Coordinate LV Utilities $7,400
9. Prepare Underground Plans for Construction $11,000
Subtotal Engineering = $54,975
Total Task = $108,535
Task 2: BIDDING SERVICES:
Bidding includes preparation of bid documents including CONSULTANT plans for conduits and structures,
FP&L design, Specifications, preparation of bid forms, pre-bid meeting, responding to questions from
bidders, and assisting in bid assessment and award. Prior to letting the project for bids, the project must be
modified to reflect private undergrounding efforts along Collins Avenue. In addition, permit needs of
individual utilities and required phasing must be identified to organize activities within the Collins Avenue
right-of-way.
E.27 Pre-bid Adjustments:
Using information provided by CITY, CONSULTANT will revise construction documents to
coordinate with undergrounding efforts provided through private development. Unless directed
otherwise, CONSULTANT shall assume the project as currently identified to be complete. CITY
shall have the responsibility in making the determination for properties to be excluded and provide
necessary information for incorporation into CONSULTANT's plans.
In addition, CONSULTANT shall solicit utilities to determine phasing of work and related permits.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 6
E.28 Preparation of Bid Package:
In order to advertise the project, a bid package must be compiled for procurement including plans,
specifications, notice, and instruction to bidders. CONSULTANT shall 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
CONSULTANT based upon approved plans.
E.29 Bid Solicitation:
Procurement of bids, advertising, replication and dissemination of bid documents will be by CITY.
CONSULTANT shall assist in the bidding process by addressing questions from bidders, attending
pre-bid meetings, assessing bids and qualification of bidders. Decision for award will be solely by
CITY.
Task 3 ASSESSMENT ROLE SERVICES
The Assessment Roll and methodology will be prepared by an outside consultant working directly for the
CITY. CONSULTANT shall assist in preparing the cost estimate for the assessment roll based upon a
preliminary estimate of project costs confirmed through bids received from Contractors. In addition,
CONSULTANT shall assist in identifying properties benefitting from improvements as determined by CITY's
outside consultant.
E.30 Facilitate Assessment Role
Based upon approved plans, in advance of the bid, CONSULTANT shall respond to requirements
of CITY's outside consultant in preparation of the Assessment Role. Services include providing a
preliminary cost estimate for assessment purposes, assistance in identifying properties to be
assessed, and modifying assessment to address private undergrounding efforts. In addition,
CONSULTANT shall assist with modification of assessment role replacing preliminary cost
estimate with hard bid upon award.
INFORMATION PROVIDED BY OTHERS:
• FP&L final design plans are to be incorporated into bid package. Although responsible for
coordinating with FP&L, CONSULTANT has no control over delivery by FP&L.
CONSULTANT depends upon CITY to facilitate delivery and cooperation from FP&L.
• Permit fees are to be paid by City.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31. 2015 Page 7
• General Conditions and generic bid package to be provided by CITY for modification by
CONSULTANT to reflect specific project requirements.
• Inspection reports to be provided by CITY to CONSULTANT on a weekly basis.
• Existing FPL easements to be identified and available. Verifications through title work if
necessary not included.
(Remainder of This Page Intentionally Left Blank)
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location: Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 8
PAYMENT SCHEDULE
TASK DESCRIPTION PAYMENT TYPE PAYMENT AMOUNT
Task 1 EXPANDED PROJECT LIMITS
Subtask S.11 Right-of-Way Survey,Atlantic Boulevard NTE $29,750
$350 each
Subtask S.12 Additional Easement Sketch&Descriptions $14,000
(40 Units)
$400 each
Subtask S.13 Additional Easement Surveys $20,000
(50 Units)
$50 each
Subtask S.14 Test Hole Survey $1,250
(25 units)
Subtotal Survey $65,000
Subtask E.19 Input Existing Utilities NTE $12,320
Subtask E.20 Utility Test Holes $275 each $6,875
(25 units)
Subtask E.21 Prepare Underground Plans(off-Collins) NTE $24,200
Subtask E.22 Coordinate FPL Plan Revisions NTE S14,400
Subtask E.23 Coordinate LV Utilities NTE $7,440
Subtask E.24 Prepare Plans for Construction NTE $9,080
Subtask E.25 Incorporate FDOT Lighting NTE $7,920
Task 1A EXPANDED PROJECT LIMITS,Atlantic NTE $108,535
Blvd.,178th to 183rd(subtasks S.15 and E.31)
Task 2 BIDDING SERVICES
Subtask E.26 Additional Project Management NTE $15,000
Subtask E.27 Pre-Bid Adjustments(Scenario 1) NTE S18,160
Subtask E.28 Prepare Bid-Package NTE $24,720
Subtask E.29 Bid Solicitation NTE $10,440
Task 3 ASSESSMENT ROLE SERVICES
Subtask E.30 Assessment Role NTE $11,000
Subtotal
$270,090
Engineering
TOTAL $335,090
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
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase Ill
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 9
obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to
all other amounts payable under this Agreement) based on an hourly fee in accordance with
CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by
CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties which
addresses the additional services.
Additional services shall include revisions to work previously performed that are required due to a change in
the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by
CLIENT, or services that are required by changes in the requirements of public agencies after work under
this Agreement has commenced.
If the preceding scope of services includes public agency permitting, our quoted fees/hours include
services to respond to the agency's first RAI (Request for Additional Information). Additional agency
requests or requirements shall be considered an increase to our scope of services.
III. COMPENSATION
A. Fees:
We estimate our fees for Task Nos. 1, 1A, 2 and 3 of Scope of Services to be:
• Total Work Authorization $335,090
In the event of any dispute concerning the accuracy of content of any invoice, CLIENT will within seven
(7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and
amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due
and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT
shall be obligated to pay the undisputed portion of the invoice as set forth in below.
If CLIENT fails to make any payment due to CONSULTANT for services and expenses within forty-five
(45) days from the date of invoice, the amount stated in the invoice shall then accrue interest at the
maximum legal rate. Further, CONSULTANT may then apply the retainer to the unpaid balance of the
account 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.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location: Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31,2015 Page 10
IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED
A. Re-use of Documents:
All original documents, including, but not limited to, drawings, sketches, specifications, maps, as-built
drawings, reports, test reports, etc., that result from CONSULTANT'S services pursuant or under this
Agreement remain the sole property of CONSULTANT and are not intended or represented to be
suitable for re-use by CLIENT or others.
CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings
prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions,
deletions, changes or revisions shall be made to same without the express written consent of the
CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that
CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses,
including, but not limited to, attorney's fees, arising out of or resulting there from.
Photographs of any completed project embodying the services of CONSULTANT provided hereunder
may be made by CONSULTANT and shall be considered as its property, and may be used for
publication.
B. Performance:
CONSULTANT shall not be considered in default in performance of its obligations hereunder if
performance of such obligations is prevented or delayed by acts of God or government, labor disputes,
failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the
reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder
•
shall be extended by time period reasonably necessary to overcome the effects of such force majeure
occurrences.
C. Professional Standards:
All work performed by CONSULTANT shall be in accordance with its professional standards and in
accordance with applicable 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.
D. Opinions of Cost:
Since CONSULTANT does not have control over the cost of labor, materials, equipment or services
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31. 2015 Page 11
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 be entitled 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 before 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 breaching party written notice which
shall clearly set forth the material breach and provide five (5) business days to cure. For the purpose
of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of
the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of any
termination, CONSULTANT shall be paid for all services rendered to the date of termination including
all reimbursable expenses. CLIENT may terminate this Agreement for convenience upon five (5)
business day notice to CONSULTANT, payment for all services rendered to the date of termination and
Fifteen (15) percent of CONSULTANT's remaining fee.
F. Liability:
CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance
and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of
insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss, damage, injury or
liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents,
subcontractors and their employees and agents, but only to the extent that the same is actually
covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance
coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained
at CLIENT'S expense.
CLIENT agrees CONSULTANT'S aggregate liability to CLIENT and all construction and professional
contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or
arising from CONSULTANT'S services under this Agreement or because of the relation hereby of
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 12
tl
CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to
CONSULTANT'S total fees under this Agreement or$50,000.00 whichever is greater. In no event shall
CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the
services hereunder including, but not limited to, loss of use, loss of profit, or business interruption
whether caused by the negligence of CONSULTANT or otherwise.
CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity
employed directly or indirectly by CLIENT in the project for damages of any kind from services
rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of
CONSULTANT.
G. Litigation:
In the event litigation in any way related to the services performed hereunder is initiated between
CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its
reasonable attorney's fees and costs related to said litigation.
V. 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.
Nothing contained herein shall be construed to prevent CONSULTANT from employing such
independent consultants, associates and sub-consultants, as CONSULTANT may deem appropriate to
assist in the performance of the services hereunder. Nothing herein shall be construed to give any •
rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT.
B. No Waiver or Modifications:
No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be
construed to be a waiver of the same default on a future occasion. No delay, course of dealing or
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31. 2015 Page 13
omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver
thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any
other or further exercise of any right or remedy.
This Agreement, including all requests for additional services placed hereunder, express the entire
understanding and agreement of the parties with reference to the subject matter hereof, and is a
complete and exclusive statement of the terms of this Agreement, and no representations or
agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing,
signed by persons authorized to sign agreements on behalf of both parties.
C. Governing Laws or Venue:
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of
Florida. Venue for any litigation shall be Broward County, Florida.
PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR
AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE
VII. CLOSURE
If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please
execute the agreement in the space provided and return same to the undersigned with the completed
billing information form.
We appreciate the opportunity to submit our proposal. Please contact me if you have any questions.
IN WITNESS WHEREOF, the CONSULTANT and CLIENT have executed this agreement the day and year
indicated below.
As to CONSULTANT As to CLIENT
KEITH and SCHNARS, P.A. CITY OF SUNNY ISLES BEACH, FLORIDA
Engineers, Planners, Surveyors
Tim J. Hall, P.E. Name:
Vice President, Civil Engineering Title:
Dated: Dated:
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase III
Project Location:Sunny Isles Beach,FL
K&S Project 18073—Amendment No.4
January 27,2015 Revised March 31, 2015 Page 14
EXHIBIT A
Fee Schedule
(Effective January 1, 2008)
Code Job Classification Billing Rate
72 Administrative Assistant $60.00
73 Associate 1 $80.00
74 Associate 2 $90.00
75 Senior Associate $115.00
76 Project Manager $125.00
77 Senior Project Manager $150.00
78 Director $175.00
79 Principal To Be Quoted
42 2 Person Survey Crew $105.00
43 3 Person Survey Crew $140.00
44 Specialty Survey Crew $175.00
Z:1Projects118073 Sunny Isles(SIB)Underground100 Collins Ave1 CIVILIAdministrationlAgreementl SunnylslesUtilityUndergrounding_Amd4_(Rev_3.31.15).doc
BILLING INFORMATION FORM (Client to Complete)
PROJECT NAME: Utility Undergrounding Consulting—Sunny Isles Beach— Phase III
PROJECT ADDRESS:
Street Address
City/State/Zip
LAND OWNER:
OWNER ADDRESS:
Street Address
City/State/Zip
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:
Name/Title
ADDRESS
PHONE:
FAX:
SPECIAL BILLING INSTRUCTIONS:
November 14, 2014
(Revised January 27, 2015)
City of Sunny Isles Beach '-
Attn: Ms. Elka Linton-Dorsett y:
�%"/.
18070 Collins Avenue � ,�;
Sunny Isles Beach, FL 33160 �d''r
RE: Agreement for Professional Services s 'Y ,,,�/
Project Name: Utility Undergrounding Consultg, Collins Avenue- Phase ll
Project Location: Sunny Isles Beach, FL _U✓`), ,%: •" ,.
K&S Project 18073,Amendmen'#3„ ' '%" ",�•�-`,
%ice% "ii�.i `%G
Dear Ms. Linton-Dorsett: ,i/•
,/C,?, �/ r
i !•// ,/,tom U�'%.
y,v, --. .
In accordance with discu��ssions✓�etween members of our.a bciation,yourself, and staff, this agreement
between Keith and Sch��hars P.A�CONSULTANT ), andjOity of Sunny Isles Beach ("CLIENT" or "CITY")
for professional servicesis;-submitted fo fyour consideration and approval.
4i 7 N ✓/,
rtey'/� !% %
N� %sue'' I. PURP.,OSE OF--AGREEMENT/PROJECT DESCRIPTION
,rJ'%fi5r�,/ „' 'rte . °/c/:,// '/1'
f G.. , 4�J
. The purpose of this Agreemen ;is to outl ne the scope of services recommended by CONSULTANT and
accepted by CLIENT and to establ_ish the'co ttractual conditions between CONSULTANT and CLIENT with
; 'jV/ �/.
respect to the proposed services.':;, r
'iii %'
1.0 INTRODUCTION/ ;
.6 . ,�44/i
CONSULTANT is currently prodding design services for undergrounding of overhead utilities. The project
involves close coordination with Florida Power & Light (FPL) and a dependency upon their design files.
FPL divided their design into two parts; north and south of 175th Street. The south file was received in April
2014, the north in September. In the interest of keeping the project on schedule, CONSULTANT advanced
with design and survey services south of 175th during the 6 months between FPL submittals. However,
with the second FPL submittal in September, both the north and south sections were revised. The revisions
resulted in the need to modify easements (accounting for relocations, additions, and sizing), equipment
modifications, additional meetings, field visits, and additional survey. In summary, much of the
CONSULTANT's efforts in moving the project forward were negated with the FPL modifications. Through
this amendment, CONSULTANT is requesting additional fees for extended efforts.
2.0 SCOPE of SERVICES
Engineering Services:
Subtask E.16—Coordinate FPL Plan Revisions
Using the updated plans provided by FPL on September 30, 2014, CONSULTANT shall modify their plans
to reflect the FPL revisions. CONSULTANT modifications shall include relocation and/or addition of
modified easements, equipment, conduits (size, location, & routing) and impacts to ductbank. Where
necessary, CONSULTANT shall perform field reconnaissance for the purpose of siting easements within
private parcels. CONSULTANT shall coordinate request for information and clarifications directly with FPL.
CONSULTANT services include attendance of meetings related to coordination with FPL.
Subtask E.17—Additional Project Management
Project management fees were approved with Amendment #1 to account for CONSULTANT services to
keep tasks and information from outside sources on track. With the additional effort created in collecting
information from non-responsive utilities, CONSULTANT requests additional fees for this service.
Subtask E.18—Additional Test Holes
Per the 12-10-14 walkthrough with FPL, CITY and CONSULTANT, potential conflicts with existing utilities within
proposed FPL easement locations were identified. CITY indicated that CONSULTANT should soft dig the
existing utilities to obtain exact locations. This task authorizes a maximum of 20 additional test holes. The test
holes are priced at$275 each.
Surveying Services:
Subtask S.8—Additional Easement Sketch &Descriptions
With the latest FPL submittal, the number of easements required has increased from the initial estimate of 60 to
74. In addition 10 units are included for unforeseen issues encountered in acquiring easements. As such,
CONSULTANT proposes to extend the scope of services identified with task S.3, Amendment#2 with similar
pricing structure(24 additional units @$350 per unit).
Subtask S.9—Additional Easement Surveys
As approved with Amendment#2, task S.4 was established to provide site-specific survey for development of
sketch and legal descriptions for proposed easements. Initially, the exact number of easements was unknown.
The approved fee was based upon a unit price per easement with an estimate of 60 easements required. Units
were based upon an area roughly 25' x 25'square.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14, 2014(Revised January 27,2015) Page 2
As a result of FPL plan revisions combined with occasional easements of excessive size counted as multiple
units, the actual count has increased from 60 to 89 units. In addition, the current FPL plans identify
approximately 15 more easements yet to be surveyed for a subtotal of 104 units. An additional 10 units are
included for unforeseen issues encountered in acquiring easements for a total of 114 units.
CONSULTANT proposes to extend the scope of services identified with task S.4, Amendment#2 with similar
pricing structure(54 additional units @$400 per unit).
Subtask S.10—Locate Property Corners,Collins Ave.
In preparing sketch and descriptions of proposed easements, because of discrepancies of up to 2' between
FDOT right-of-way files and CITY GIS files, CONSULTANT found it necessary to recover property corners
along Collins Avenue to verify property lines. Additional survey services are required to research and
locate property corners to validate sketches.
3.0 PAYMENT SCHEDULE
Task Description P Typent Payment Amount
Subtask E.16 Coordinate FPL Plan Revisions Lump Sum $25,600
Subtask E.17 Additional Project Management Lump Sum $1,000
$5,500
Subtask E.18 Additional Test Holes T&M
(20 @ $275 ea.)
Subtotal $32,100
Engineering
Additional Easement Sketch& $8,400
Subtask S.8 T&M
Descriptions
(24 @ $350 ea.)
$21,600
Subtask S.9 Additional Easement Surveys T&M
(54 @ $400 ea.)
Subtask S.10 Locate Property Corners Lump Sum $6,130
Subtotal $36,130
Survey
TOTAL $68,230
Professional Services Agreement
Project Name: Utility Undergrounding Consulting-Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 3
4.0 ADDITIONAL SERVICES
The undertaking by CONSULTANT to perform professional services defined within this Agreement extends
only to those services specifically described herein. If requested by the CLIENT and agreed to by
CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT shall be
obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to
all other amounts payable under this Agreement) based on an hourly fee in accordance with
CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by
CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties which
addresses the additional services.
Additional services shall include revisions to work previously performed that are required due to a change in
the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by
CLIENT, or services that are required by changes in the requirements of public agencies after work under
this Agreement has commenced.
If the preceding scope of services includes public agency permitting, our quoted fees/hours include
services to respond to the agency's first RAI (Request for Additional Information). Additional agency
requests or requirements shall be considered an increase to our scope of services.
III. COMPENSATION
A. Fees:
We estimate our fees for Section 3.0 Scope of Services to be:
• Total Lump Sum Fees $32,730.00
• Total Time and Materials Fees $35,500.00
• Total Work Authorization $68,230.00
In the event of any dispute concerning the accuracy of content of any invoice, CLIENT will within seven
(7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and
amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due
and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT
shall be obligated to pay the undisputed portion of the invoice as set forth in below.
If CLIENT fails to make any payment due to CONSULTANT for services and expenses within forty-five
(45) days from the date of invoice, the amount stated in the invoice shall then accrue interest at the
maximum legal rate. Further, CONSULTANT may then apply the retainer to the unpaid balance of the
account 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.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 4
In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following
the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate
legal proceedings to collect the same and recover, in addition to all amounts due and payable,
including accrued interest, its reasonable attorneys' fees and costs.
The invoices referenced above, will be sent in accordance to the information as reflected on the Billing
Information Form attached hereto.
IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED
A. Re-use of Documents:
drawings, reports, test reports, etc., that result from CONSULTANT'S services pursuant or undcr this
suitable for rc use by CLIENT or others.
•
CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings
prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions,
deletions, changes or revisions shall be made to same without the express written consent of the
CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that
CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses,
including, but not limited to, attorney's fees, arising out of or resulting there from.
Photographs of any completed project embodying the services of CONSULTANT provided hereunder
may be made by CONSULTANT and shall be considered as its property, and may be used for
publication.
B. Performance:
CONSULTANT shall not be considered in default in performance of its obligations hereunder if
performance of such obligations is prevented or delayed by acts of God or government, labor disputes,
failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the
reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder
shall be extended by time period reasonably necessary to overcome the effects of such force majeure
occurrences.
C. Professional Standards:
All work performed by CONSULTANT shall be in accordance with its professional standards and in
accordance with applicable 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.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
• K&S Project No. 18073 Amendment No.3
November 14, 2014(Revised January 27,2015) Page 5
Unless the Scope of Services of this Agreement includes an investigation into the applicable land use,
zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that
the Project as presented by CLIENT, is in accordance with applicable governmental regulations.
D. Opinions of Cost:
Since CONSULTANT does not have control over the cost of labor, materials, equipment or services
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 be entitled 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 before 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 breaching party written notice which
shall clearly set forth the material breach and provide five (5) business days to cure. For the purpose
of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of
the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of any
termination, CONSULTANT shall be paid for all services rendered to the date of termination including
all reimbursable expenses. CLIENT may terminate this Agreement for convenience upon five (5)
business day notice to CONSULTANT, payment for all services rendered to the date of termination and
Fifteen (15) percent of CONSULTANT's remaining fee.
F. Liability:
CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance
and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 6
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.
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$50,000.00 whichever is greater. In no event shall
CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the
services hereunder including, but not limited to, loss of use, loss of profit, or business interruption
whether caused by the negligence of CONSULTANT or otherwise.
CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity
employed directly or indirectly by CLIENT in the project for damages of any kind from services
rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of
CONSULTANT.
G. Litigation:
In the event litigation in any way related to the services performed hereunder is initiated between
CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its
reasonable attorney's fees and costs related to said litigation.
V. 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
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 7
party without the prior written consent of the other party, such consent not to be unreasonably withheld.
Nothing contained herein shall be construed to prevent CONSULTANT from employing such
independent consultants, associates and sub-consultants, as CONSULTANT may deem appropriate to
assist in the performance of the services hereunder. Nothing herein shall be construed to give any
rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT.
B. No Waiver or Modifications:
No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be ,
construed to be a waiver of the same default on a future occasion. No delay, course of dealing or
omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver
thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any
other or further exercise of any right or remedy.
This Agreement, including all requests for additional services placed hereunder, express the entire
understanding and agreement of the parties with reference to the subject matter hereof, and is a
complete and exclusive statement of the terms of this Agreement, and no representations or
agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing,
signed by persons authorized to sign agreements on behalf of both parties.
C. Governing Laws or Venue:
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of
Florida. Venue for any litigation shall be Broward County, Florida.
PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR
AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE
VII. CLOSURE
If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please
execute the agreement in the space provided and return same to the undersigned with the completed
billing information form. •
We appreciate the opportunity to submit our proposal. Please contact me if you have any questions.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location:Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 8
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:
Professional Services Agreement
Project Name: Utility Undergrounding Consulting—Phase II
Project Location: Sunny Isles Beach,FL
K&S Project No. 18073 Amendment No.3
November 14,2014(Revised January 27,2015) Page 9
EXHIBIT A
Fee Schedule
(Effective January 1, 2008)
Code Job Classification Billing Rate
72 Administrative Assistant $60.00
73 Associate 1 $80.00
74 Associate 2 $90.00
75 Senior Associate $115.00
76 . Project Manager $125.00
77 Senior Project Manager $150.00
78 Director $175.00
79 Principal To Be Quoted
42 2 Person Survey Crew $105.00
43 3 Person Survey Crew $140.00
44 Specialty Survey Crew $175.00
Z:\Projecs\18073 Sunny Isles(SIB)Underground\00 Collins Ave\CIVIL\Administration\Agreement\SunnylslesUtilityUndergrounding_Amendment 3(Rev 1-27-
2015).doc
BILLING INFORMATION FORM (Client to Complete)
PROJECT NAME: Utility Undergrounding Consulting—Sunny Isles Beach— Phase II
PROJECT ADDRESS:
Street Address
City/State/Zip
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° ' AGREEMENT BETWEEN THE CITY OF SUNNY
* = ISLES BEACH AATD KEITH TH AND SCHNARS, P.A.
CONTRACT NO. C1213-004
THIS AGREEMENT,entered into this _ 21 day of FcC.►•Jur 2013, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred aso the ("City") and
KEITH AND SCII-NARS, 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
91 1+0 6301
RECITALS
WHEREAS, 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
(S54,680.00).
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged. the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Consultant shall provide the Services as more particularly described in
Attachment"A", which is attached hereto and incorporated herein by reference.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 9 hereunder, the term of this Agreement shall commence upon the issuance of
a Notice to Proceed by the City Manager or his designee and shall terminate upon the completion
of Services.
4. COMPENSATION. As the entire compensation under this Agreement and during the
term of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Fifty-four Thousand Six Hundred and Eighty Dollars (554,680.00), for the
performance of Phase 1 of the Services. Payment to Consultant for all charges and tasks under
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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:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment 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 be paid in accordance with the State of Florida
Prompt Payment Act.
c. 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. In the event the City Commission fails to appropriate funds for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement shall be terminated upon ten (10) days written notice and the
Consultant shall be compensated for the Services satisfactorily performed prior to
the effective date of termination.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's 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 resolved by agreement with Consultant. Consultant shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfil! 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 contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Consultant, other than those set forth in this agreement. Consultant shall furnish its own
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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
insurance 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 ($1,000,000) 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 ($1,000,000.00) 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 forms and with such
limits of liability and deductibles as are acceptable to the City and shall be endorsed to be
primary over any insurance, which the City may maintain. Before any work under this
Agreement is performed, and at any time upon request, Consultant shall furnish to the City
certificates of insurance evidencing the minimum required coverage and appropriately endorsed
for contractual liability with the City named as an additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without
thirty(30) calendar day's prior written notice to the City Manager or his designee
7. OWNERSHIP OF 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
needs to be approved in writing by the City in order to be properly authorized.
8. INDEMNIFICATION. 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. TERMIINATION.
A. If, through any cause within the reasonable control the Consultant shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this agreement, the City shall have the right to terminate the services then remaining
to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify
the Consultant of its violation of the particular terms of the agreement and grant Consultant ten
(10) days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Consultant (and sub consultant(s)) shall be delivered to
the City and the City shall compensate the Consultant for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
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(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by giving
written notice which shall become effective ten (10) days following receipt by Consultant. The
terms of Paragraphs A(i) and (ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
10. NO ASSIGNMENTS. TRANSFERS, SUBCONTRACTING. The Consultant shall
not subcontract, assign or 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 settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in 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 party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "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
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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 Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Ave. 4th Floor
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Fl 33160
Tel: (305)792-1701 Tel: (305)792-1702
If 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 1 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,
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.
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
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fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant
covenants that it presently has no interest and shall not acquire any interest, direct or indirectly
which should conflict in any manner or degree with the performance of the services.
The Consultant further covenants that in the performance of this agreement, no person having
any such interest shall knowingly be employed by the Consultant. No member of, or delegate to
the Congress of the United States shall be admitted to any share or part of this agreement or to
any benefits arising therefrom.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
but not limited to any attachments hereto.
20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties, and may be amended, waived, changed, modified, extended or rescinded only by a
writing signed by the party against whom any such amendment, waiver, change, modification,
extension and/or rescission is sought.
[remainder of page intentionally left blank]
Page7of8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WI NESS: KEITH AND SCHNARS,P.A.
! - '
S gnakure.
Aqie, Q''eyyj BY: /�� Vice President
Print Nam Signa - and Title
ATTEST: CITY OF SUNNY ISLES BEACH
•
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B BY: 7144(417‘914:1-647 Jane A. Hines, CMC, City Clerk N n S. Edelcup, Mayor
-.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B
s .► ttnot, t ity Attorney
Page 8 of 8
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ATTACHMENT "Arr
s i KEITH and SCHNARS,
.. _ ENGINEERS, PLANNERS, SURVEYORS
November 28,2012
(Revised February 5,2013)
City of Sunny Isles Beach
Attn: Mr. Christopher Russo,City Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: Agreement for Professional Services
Project Narne: City Utility Undergrbunding Consulting
Project Location: Sunny Isles Beach,FL
Keith and Schnars Proposal No. P5098.MK
Dear Mr. Russo:
In accordance with your request and subsequent discussions between members of our association and
yourself and staff, this agreement between Keith and Schnars, P.A. ('CONSULTANT'), and City of Sunny
Isles Beach ('CLIENT' or 'CITY') for professional services is submitted for your consideration and
approval. CONSULTANT shall begin work within ten (10) days after receipt of a fully executed copy of this
Agreement.
I. PURPOSE OF 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 CITY has undertaken and completed a significant portion of undergrounding of their overhead utilities.
What remains can be grouped into four areas; 1) Collins Avenue, 2) Sunny Isles Ocean Beach Boulevard,
3) Center Island, and 4) Golden Shores neighborhood. Because of a pending FDOT Resurfacing,
Restoration,and Rehabilitation (RRR) project anticipated to start in June 2015, undergrounding within Coffins
Avenue has taken precedence over the other areas.The CITY has the opportunity for ari economic benefit as
well as avoidance of additional disruption to residents if the undergrounding of utilities can be done in
conjunction with the FOOT RRR project. Doing so requires that the completed design be submitted to FDOT
Well in advance Of project comrrlencerner t
Because the project is heavily.dependent upon the responsiveness of outside agencies, with long lead times
and requisite agreements (i.e., FP&L), it is necessary to start the process immediately to gain the benefits of
combining with the RRR project.
6500 North Andrews Avenue• Ft.Lauderdale, Florida 33309-2132
(954) 776-1616 • (800) 488-1255 ' Fax (954) 771-7690
www.keithandschnars.com
2.0 PROJECT OBJECTIVES
CLIENT has requested CONSULTAN i s services to coordinate efforts towards completing undergrounding
of utilities within the four areas identified above, Transmission Lines excluded. Undergrounding of Utilities
is a phased process; the scope for each phase is defined by its predecessor. For that reason, although
the intent is to provide a complete scope of services, individual tasks will be accomplished through a series
of work authorizations under a general services agreement.
A typical approach towards undergrounding of utilities can be broken into three phases, 1) Assessment,
• 2) Design and Permitting, and 3) Bidding/Construction. The CITY anticipates funding to be established
through their CIP; therefore funding mechanisms are not addressed within this proposal. The following
outlines the process to take projects from concept to completion and provides a roadmap of services to be
performed.
Phase 1•Assessment
Step 1. Client Meeting: As with any other project, the first step is to meet with the Client and
establish general parameters for the project. General criteria is established such as identifying the
limits of the project, identify Client expectations/desires, identify .stakeholders (those with direct
influence or interest in the project), and reviewing the processlrequirements for undergrounding.
Initial discussions will include preliminary schedule, critical timelines, funding source, and any other
issue with potential impact to the project.
Step 2. .Meeting with FP&L and Utilities: Typically FP&L is the lead in undergrounding services.
Although there is no collaboration between them, the other utilities will generally follow the decisions of
FP&L as relates to undergrounding. Undergrounding is usually handled through one specific
department within FP&L Where transmission lines are included within the project, other departments
get pulled into the process and the degree of approvals increases. Meetings with each of the utilities
are critical to understanding their specific concerns and requirements for approval and'rnoving the
project forward.
Step 3. Existing Conditions: Information in the form of atlases, right-of-way maps, survey, plat, and
as-builts are used to create a base file of information for the undergrounding corridor. Once compiled,
information is analyzed for sufficiency. Deficient information is further analyzed to determine absolute
necessity for project. Where determined necessary, but unavailable, additional information shall be
obtained. The end result is the creation of a base-file depicting existing conditions used for the
purpose of designs.
Professional Services Agreement
Project Name: Utility Undergrounding Consulting
Project Location:Sunny Isles Beach,FL,
.-� KEITH and SCHNARS; P.A. ' K&S Proposal No.:P5098.MK:
__ ENGINEERS,PLANNERS,,SURVEYORS Rey;sed February 5.:2013 Page 2
•
Phase 2—Design and Permitting
Step 4. FP&L Tariff Agreement: FP&L has a program in place for municipal undergrounding
projects. Under the conditions of the program the CiTY would enter into an agreement with FP&L.
The agreement would require a non-refundable deposit to FP&L for design services resulting in the
following:
• 85%design with sufficient detail for perrnit submittal(FP&L services only).
• A firm cost for installation (assumes turn-key project from FP&L).
• An outline for credit and conditions(up to 25%credit available).
• 180-day window for acceptance(extensions likely but with potential for additional cost).
Obviously the ability of FP&L to respond will depend upon the complexity of the request, but the
general response tithe for design projects is 16 weeks upon receipt of 10% design deposit. it is
important to note that FP&L design will only address FP&L services. Plans will need to be coordinated
with other utilities to further define project requirements.
Step 5. Utility Coordination: Once complete, the FP&L design requires coordination with other
utilities. Pole-line agreements need to be severed and new easement and/or right-of-way agreements
prepared. Street Lighting needs to be designed to replace the Cobra-heads removed with existing
power poles. General coordination with existing utilities needs to include location of traffic signafiiation
boxes, pull boxes, transformers, swftchgear, and water/sewer services. Service connections across
private properties need to be addressed. As a condition of the Tariff Agreement, FP&L will Obligate the
CiTY to see that service connections are made within the agreed upon tirtieframe. With the elimination
of overhead poles, private services and transformers will be dropped. Discussions need to include
potential pha§ing.of tiriork.as related to the specific utility. It may be that a component that defines the
phase limits for one utility does not coincide with component defining phasing for another. •
Step 6. Prepare Construction Documents: Once all of the design issues and regrrirernents have
been identified; construction documents coordinating and addressing utility concerns are prepared.
These plans are used for circulation among stakeholders for confirmation of improvements and
submittal to appropriate perinit•agencies. Final Plans will be used in bid documents. At this stage, in
addition to firm estimates from FP&L, an estimated cost of other utility relocation will be compared
against the proJect budget.
Prbiessionai Servi es Agreement
• Project Name: Utility Undergrounding Consulting
Project Location:Sunny Isles Beach,FL
KEITH and SCITN ARS, 1"4- K&S Proposal No.:P5098.1%1K
ENGINEERS,PLANNERS;SURVEYORS Revised February 5,2013 Page 3
Phase 3—Bidding/Construction:
Step 7. Bidding: The agreement with FP&L will result in a binding estimate as a turn-key project for
FP&L improvements only. For a complete scope of services, the CITY will bid the Construction
Documents as submitted for permit Upon selection of Contractor demonstrating certification from
FP&L,the tariff will require modification to account for the diminished services provided by FP&L.
Step 8. Construction: The key to a successful construction process is adherence to schedule
• without cost increases and minimal disruption to the public. Public involvement, although a necessary
component throughout the process, will be critical during the construction phase to provide public
awareness and addressing concemslquestions. Depending upon the type and extent of
improvement, certification for compliance with permits may be required. If desired, CITY could elect to
have a full time project representative associated with the projects to act as a liaison between the CiTY
and public or handle through staff. Finally, upon completion, as-builts are collected, reviewed and
distributed,perrtiitt and contracts are closed out, bonds and final payments released.
3.0 SCOPE OF SERVICES
Services to be provided by CONSULTANT under this initial Worst Authorization shall pertain to Project
Assessment (Phase 1) only as related to approximately 2.2 miles of Collins Avenue. In addition to
Undergrounding, CONSULTANT shall investigate the ongoing malfunction of streetlights along Collins
Avenue with the intent of identify the process through which a solution can be implemented in conjunction
with Undergrounding efforts. Tasks for subsequent .phases will be defined under separate work
auttiohzatiori: Services for this work authorisation shall include the following.
TASK 1 —Prepare Preliminary Cost Estimate
Subtask 1.1 —Based upon kickoff meeting With the CITY, CONSULTANT shall compile budgetary cost
estimates for the complete project. Further, with the level of input available from the identified utilities,
CONSULTANT will prepare a preliminary schedule of the project for use in assisting the CITY in
updating of.the Capital Improvement Plan (CIP). CLIENT understands that at this stag e, the project rs
extremely.conceptual with minimal input provided by FP&L or other Utilities. Budget estimates are to
be based upon general. assumptions validated where possible by FP&L and Utility providers.
Estimates will identify general assumptions and qualifications.
Subtask 1.2 - Attend one Staff and one Commission meeting to introduce the project, process,
budget, and schedule via PoWerPoint prpseritation.
Piofes onal Services Agreement
Project Name: Utfhty Undergrounding Consulting
Project Location:Suriny Isles Beach,FL
iljrkink KEITH and.SCHNARS, P.A. K&S Proflosal No.:P509$.MK:
ENGINEERS,PLANNERS, SURVEYORS Revised February 5,2013 'Page 4
•
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TASK 2-Meetings/Coordination with FP&L and Utilities
Subtask 2.1 -Tnrough series of meetings, five (5) anticipated, CONSULTANT i to introduce project to
FP&L and identify project as defined by CLIENT. The purpose of meetings will be to determine project •
details, including existing and proposed utility locations, service connections, easements, service
•requirements, timelines, phasing, limitations, tariff, responsibilities (FP&L, CiTY, and CONSULTANT),
preliminary costs,and other information needed to move the projects forward.
• • Subtask 2.2 - Subsequent to meeting with FP&L, CONSULTANT to meet with other utilities to
introduce project and identify project details, including existing and proposed utility locations, service
connections, easements, service requirements, timelines, phasing, limitations, permit procedures,
preliminary costs, pole/line agreements, relocation and other information needed to move the projects
forward. CONSULTANT assumes Up to three (3) meetings to address phone, cable, water and
sanitary issues.
Subtask 2.3 -Subsequent to meeting with FP&L, CONSULTANT shall meet with FDOT to introduce
project and identify requirements and restrictions as well as existing infrastructure. In addition,
CONSULTANT shall discuss requirements to combine project with the FDOTs planned RRR project
Discussions shall be incorporated into design considerations and discussion with utilities.
Subtask 2.4 - In providing the above services, CONSULTANT shall attend periodic meetings with
CLIENT to provide review and update of findings. The frequency of meetings will be as determined by
CLIENT and predicated by progress and issues that arise. Services for this task to be billed on a" T&M
basis with approval from CLIENT. For the purpose of this proposal, CONSULTANT estimate of effort
assumes an average of 3 hours per week over a period of 12 weeks to be spent on meetings and
coordination with WENT.
Subtask.25 - Separate but related to undergrounding of utilities, CONSULTANT shall explore issue
of lighting problems currently experienced within Collins Avenue. Previous correspondence between
City Staff, County, FP&L, and FDOT suggest the fiixtures•have outlived their design life resulting in
increased maintenance:and outages. Ownership of the fixtures belongs with FDOT District VI. A more
conclusive assessment of the system is required to identify deficiencies by type and severity. This task •
is to provide an elementary assessment of conditions from field observations and readily available
information with the intent of suggesting improvements to be incorporated into undeigrouhding design.
Services for this task to be billed on a T&M basis with approval from CLIENT. For the purpose of this •
proposal, •CONSULTANT estimate of effort assumes tip to 10 hours be spent on meetings and
coordination.
Professianal'Services Abreement
Project Name: Utility Undergrounding Consulting
Project Location:Sunny Isles Beach,FL
1® KEITH and SCIINARS, P.A. K&S Proposal No.:P5098.MK
ENGINEERS,PLANNERS,SURVEYORS Revised February 5,2013 Page 5
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TASK 3-Existing Conditions
Subtask 3.1 -CONSULTANT 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. Deficient information will be further analyzed to
determine if absolutely necessary for a complete design. Where determined necessary but
unavailable, a separate scope of services will be provided to obtain additional information. The
purpose of this task is to gather information necessary to create an electronic base-file depicting
existing conditions to be used for design.
Subtask 3.2 - Upon gathering existing conditions information and establishing criteria for proposed
design (Subtasks 2.1, 2.2 and 2.3), cost estimates and schedule assumptions can be further refined.
CONSULTANT shall re-assess costs estimates and schedule assumptions provided within Subtask
1.1. CONSULTANT'S estimate shall be'preliminary in nature.and dependent upon the accuracy and
Comprehensiveness of available information.
Note: The above services do not include undergroundrng of overhead Transmission Lines. By their nature,
undergrourmg of Transmission Lines involve more significant issues and are handled within a separate division within
FP&L To avoid impacting progression of undergroundfng efforts, Transmission Lines will not be addressed within the
above scope Of services.
INFORMATION PROVIDE BY CLIENT:
• Aerial exhibit of existing pole locations in CAD format.
• Any available Atlas and/or as-built information for existing infrastructure.
PAYMENT SCHEDULE _
TASK I DESCRIPTION PAYMENT TYPE PAYMENT AMOUNT
. Subtask 1.1 I Budget Estimate Lump Sum $6200.00
Subtaslc 12 Project Presentation Lump Sum $2,820.00
Subtask 2.1 Mtg.'s w/FP&L T&M I $7,810.00
I Subtask 22 I Mtg.'s w/Utilities T&M $3,710.00
Subtask 2.3 Mtg's w/FDOT 1 T&M I $2,150.00
Subtask 2.4 Mtg.'s aid Coordination(CITY) I T&M $6,800.00
Subiask 2.5 I Clore Ughting lssu I T&M $7,100.00
'Subtask 3.1 I Reseaith E*tiflg if forination I Luinp Sum I $10,670.00
Subtask 32 •Pietminary Cost Estirriate - Luirnp Sum $7,420.00
Protessional Services Agreement
Project Name: Utility Undergrounding Consulting
�,., Project Location:Sunny isles Beach,FL.
EWE KEITH and SCHi�7ARS, P.A. K&S Proposal No.:P5098.MK
s►1 Revised February 5,2013 Page 6 •
ENGINEERS,PLANNERS,SURVEYORS
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4.0 ADDITIONAL SERVICES
The undertaking by CONSULTANT to perform professional services defined within this Agreement extends
only to those services specifically described herein. If requested by the CLIENT and agreed to by
CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT shall be
Obligated to pay CONSULTANT.for-the performance of such additional services an amount (in addition to
all other amounts payable under this Agreement) based on an hourly fee in accordance with
CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by
CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties to this
Agreement which addresses the additional services.
Additional services"shall include revisions to work previously performed that are required due to a change
in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated
by CLIENT, or services that are required by changes in the requirements of public agencies after work
under this Agreement has commenced.
If the preceding scope of services includes public agency permitting, our quoted fees/hours include
services to respond to the agency's first RAI (Request for Additional Information). Additional agency
requests or requirements shall be considered an increase to our scope of services.
III. COMPENSATION
A. Fees:
We estimate our fees for Section 3.0 Scope of Engineering Services to be:
• Total Lump Sum Fees(1.1, 1.2, 3.1.&3.2) 327,110.00
Total Time and Materials Fees(2.1, 2.2,2.3,2.4&2.5) $27.570.00
• TOtal�.?aziriium Contract $54,680.00
In the event of any dispute concerning the accuracy of-content of any invoice, CLIENT will within seven
(7) days tram the date of said invoice, notify CONSULTANT in writing stating the exact nature and
amount of the dispute. Any invoice that is not questioned within seven (7) days'shall be deemed due
and payable. In the event an invoice or portion of an invoice is disputed within. seven .(7) days, .
CLIENT shall be obligated to pay the undisputed portion of the invoice as set faith 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
ma)iimum legal rate: Further, CONSULTANT may-then apply the retainer to the unpaid balance of the
account and/or-suspend serrices.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 nii et.thenibe•'reinstated to its previous amount.
Professional Services Agreement
• Project Name: Utility Undergrounaing Consulting
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'Project Location:Sunny isles Beach.FL
_ KEITH and SCIIARS; P.A. :' Proposal No.:P5098.MK
ENGINEERS,PLANNERS, SURVEYORS Revised February 5,2013 Page 7
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In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following
the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate
legal proceedings to collect the same and recover, in addition to all amounts due and payable,
including accrued interest, its reasonable attorneys'fees and costs.
The invoices referenced above, will be sent in accordance to the information as reflected on the Billing
Information Form attached hereto.
IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED
A. Re-use of Documents:
All original documents, including, but not limited to, drawings, sketches, specifications, maps, as-built
drawings, reports, test reports, etc.,'that result from CONSULTANTS services pursuant or under this
Agreement remain the sole property of CONSULTANT and are not intended or represented to be
suitable for re-use by CLIENT or others.
CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings
prepared for therm by CONSULTANT, in consideration of which CLIENT agrees that no additions,
deletions, changes or revisions shall be made to same without the express written consent of the
CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that
CLIENT indemnify and hold CONSULTANT harmless from all'claims, damages; losses and expenses,
including, but not linilted 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 if
performance of such obligations is prevented or delayed by acts of God or-government, labor disputes,
failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the
reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder
shall b' 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 enueavor to obtain all
governmental approvals contemplated under this Agreement. However, CONSULTANT does not
warrantor represent that any government approval will be obtained.
Professional Services Agreement
Project.Name: Utility Undergrovnacng Consulting
Proii. t Location:Sunny Isles Beach,FL
IlkB KEITH and SCHNARS, P.A. K&S Proposal No.:P5098.MK
ENGINEERS,PLANNERS, SURVEYORS Revised February 5,2013 Page 8
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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 govemfental regulations.
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 be entitled 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 CONSULTANTS initials next to each modification, and if a fully executed copy hereof is not
received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of
execution by CONSULTANT.
E. 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 breaching party written notice which
shall clearly set.forth the material breach and provide five (5) business days to cure. For the purpose
of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60)days of
the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of
any termination, CONSULTANT.shall be paid for all services rendered to the date of termination
including all reirnbiirsable expenses. CLIENT may terminate this Agreement for convenience upon five
(5) business"day notice to CONSULTANT, payment for all services rendered to the date of termination
and Fifteen (i5)-percent of CONSULTANTs remaining fee.
F. Liability:
CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability insurance
and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of
insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss,damage,injury or
liabl ty arising solely from the negligent acts or omission of CONSULTANT, its employees, agents,
Professional Services Agreement
Project Name: Utility Undergrounding Consulting
Project Location:Sunny isles Beach,FL
WE KEITH and SCI-LNARS, P.A. K&S Proposai No.:•P5098.MK
ENGINEERS,PL4NNERS, SURVEYORS Revised February 5,2013 Page 9
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 CLIENTS expense.
CLIENT agrees CONSULTANT'S aggregate liability to CLIENT and all construction and professional
contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to Or
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
• CONSULTANTS total fees under this Agreement or S50,000.00. whichever is greater. In no event
shall CONSULTANT-he liable for any indirect, special or consequential loss-or damage arising out of
the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption
whether caused by the negligence of CONSULTANT or otherwise.
CLIENT agrees that CONSULTANT shall.have no liability to CLIENT, or to any person or entity
employed directly or indirectly by CLIENT in the project for damages of any kind from services
rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of
CONSULTANT.
G. Litigation:
In the event litigation in any way related to the services performed hereunder is initiated between
CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its
reasonable attomey's fees and costs related to said litigation.
V. CLIENTS OBLIGATIONS
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CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent
information conceMing the Project. CLIENT shall designate a person to act with authority on CLIENTS
behalf with respect to all aspects of the Pro1ect. CLIENT shall be responsible for all processing fees or
.assessments required for the coinpletion of.:the Project. CLIENT shall provide CONSULTANT access to
the Project site at reasonable times upon reasonable notice.
Vl. GENERAL PROVISIONS
A. Persons Bound by Agreement:
The persons'bound by this'Agreement are CONSULTANT and CLIENT and their respective partners,
successors, heirs, executors, administrators, assigns and other legal representatives: This Agreement
and any interest associated with.this Agreement may not be assigned, sublet or transferred by either
party without the prior written consent of the other party, such consent not to be unreasonably
withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such
. Protessiona!Services Aoreenieni
Project Name: Utility Undergroundmg Consulting
,-- Project Evocation:Sunrry!ales Beach,FL
= /�-KEITH and SCHNA RS, P.A. • K&S Proposal No.:°5098.M<
ENGINEERS,PLANNERS, SURVEYORS Revised February 5,.2013 Page 10
independent consultants,associates and sub-consultants, as CONSULTANT may deem appropriate to
assist in the performance of the services hereunder. Nothing herein shall be construed to give any
rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT.
B. No Waiver or Modifications:
No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be
construed to be a waiver of the same default on a future occasion. No delay, course of dealing or
omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver
thereof, and no•single or partial exercise by CONSULTANT of any right or remedy shall preclude any
other or further exercise of any right or remedy.
This Agreement, including all requests for additional services placed hereunder,.express the entire
understanding and agreement of the parties with reference to the subject matter hereof, and is a
complete and exclusive statement of the terms of this Agreement, and no representations or
agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing,
signed by persons authorized to sign agreements on behalf of both parties.
C. Governing Laws or Venue:
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State
of Florida. Venue for any litigation shall be Broward County, Florida.
VII. CLOSURE
If you concur with the-foregoing and-wish to direct us to proceed with the aforementioned work, please
execute the agreement in the space provided and return same to the undersigned with the completed
billing.information form.
We appreciate the opportunity to submit our proposal. Please contact me if you have any questions.
IN WITNESS WHEREOF, the CONSULTANT and CLIENT have executed this agreement the day and
year indicated below.
As to CONSULTANT As to CLIENT
KEITH and'SCHNARS, P.A. CITY OF SUNNY ISLES BEACH, FLORIDA
Engineers,Planners, Surveyors
Tim J- I .
Name:
Vice President, Civil Engineering Title:
Dated: Z /Z—/3 Dated:
Professional Services Agreement
Project Name: Utility Urrdergrounding Consulting
Project Location:Sunny Isles Beach,FL
KEITH and SCIINARS, P.A. ••K&S Proposal No.:P5098.MK
Revised February�,2013 °age 1
ENGINEERS,'PLANNERS, SURVEYORS i
EXHIBIT A
Fee Schedule
(Effective January 1,2008)
Code Job Classification Billing Rate
72 Administrative Assistant $60.00
73 Associate 1 $80.00
74 Associate 2 $90.00
75 Senior Associate $115.00
76 Project-Manager $125.00
77 Senior Project Manager $150.00
78 Director $175.00
79 Principal To Be Quoted
42 2 Person Survey Crew $105.00
43 3 Person Survey Crew $140.00
44 Specialty Survey Crew $175.00
UCSFDATA 21P504810C Sunny tsks1P5098 tAC ScArty tslei Ufley lh.loy,,,,..L•ng v.2-5-13 FesaLdoc
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:c`X?KEITH and SCHNARS, P.A.
ENGINEERS,PLANNERS, SURVEYORS
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BILLING INFORMATION FORM (Client to Complete)
PROJECT NAME: Utility Undergrounding Consulting-Sunny isles Beach
PROJECT ADDRESS:
Street Address
City/State/Zip
LAND OWNER:
• OWNER ADDRESS:
Street Address
Ciy/State/Zp
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:
Name/Tale
ADDRESS
PHONE:
FAX:
SPECIAL BILLING INSTRUCTIONS:
_KEITH and SCHNARS;P.A.
ENGINEERS,PLANNERS, SURVEYORS
Item Coversheet Page 1 of 2
4s."—YY"fir City of Sunny Isles Beach
'" 18070 Collins Avenue
-1 -7:-±\; Sunny Isles Beach,Florida 33160
,, \:is'° ,"' (305)947-0606 City Hall
•o,,,.‘' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Bill Evans, Director of Public Works
DATE: 4/16/2015
Resolution Approving Contract Amendments with Keith
RE: &Schnars, PA for Professional Services for the FPL
Overhead to Underground Conversion Project
RECOMMENDATION:
Staff recommends approval of this bid award.
REASONS:
Included in the adopted City Capital Improvement Plan and budget is
a project for conversion of existing aerial utilities (power and
telecommunications providers) to underground. The Collins Avenue
corridor and areas integral to the service continuity of this corridor
were prioritized for this project. Phase I, which included assessment,
data collection, refined cost estimates and schedules, as well as
coordination with the various utilities and service providers is largely
complete. Phase II, which includes services necessary to complete
construction drawings for bid is currently underway.
Amendment No.03, attached, includes additional specific purpose
surveys and land surveying services needed for legal descriptions and
sketches of proposed utility easements for pad mounted equipment for
FPL, as well as further plan revisions and coordination to facilitate
consistency of the City's design with that of FPL.
FDOT has a pending project for the Resurfacing, Restoration and
Rehabilitation (RRR) of Collins Ave, which is currently scheduled to
commence in October 2016. Amendment No.04, attached, includes
those additional services required to ensure completion of the City's
overhead to underground conversion project in advance of FDOT's
proposed RRR project. Additionally, in order to maintain a
continuously looped underground system, FPL requires an expansion
of the current project scope and limits to incorporate City segments off
Collins.
Future contract amendment(s)may include construction administration
and inspection functions.
COST:
Not to exceed$403,320.
FUNDING SOURCE:
300-5-5390-465000-82001
ATTACHMENTS:
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1609 4/10/2015
Item Coversheet Page 2 of 2
Description
Resolution
Third Amendment to Agreement
Item Number: 10.K.
http://sunnyisles.novusagenda.comlAgendaWeb/CoverSheet.aspx?Iteml D=1609 4/10/2015