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HomeMy WebLinkAboutReso 2016-2619 RESOLUTION NO. 2016 - 2-cI9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIFTH 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 TWELVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS($12,750.00),ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO 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 ($127,470.00),bringing the total contract amount not to exceed to Four Hundred Two Thousand Five R2016-Keith and Schnars 5th Amd to Agmt Undergrounding.doc Page 1 of 3 Hundred Dollars ($402,500.00); and WHEREAS,the City needed to enter into a Third Amendment to the Agreement with Keith and Schnars for Amendment No. 03 for 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 Sixty-Eight Thousand Two Hundred Thirty Dollars ($68,230.00); and WHEREAS, FDOT had 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 Three Hundred Thirty-Five Thousand Ninety Dollars ($335,090.00); and WHEREAS,on April 16,2015 via Resolution No. 2015-2402 the City Commission entered 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); and WHEREAS, on February 18, 2016 via Resolution No. 2016-2527 the City Commission entered into the Fourth Amendment to the Agreement with Keith and Schnars,P.A.for Amendment No. 7 that included the On-Collins Avenue and Off-Collins Avenue work which will be completed concurrently over a thirteen-month duration,in an amount not to exceed Two Hundred Ninety-Eight Thousand Seven Hundred Dollars($298,700.00),bringing the total contract amount not to exceed to One Million One Hundred Four Thousand Five Hundred Twenty Dollars ($1,104,520.00)); and WHEREAS,the City now wishes to enter into a Fifth Amendment to the Agreement with Keith and Schnars for Amendment No. 09 to provide additional design services for undergounding and conversion of the utilities at a port of Collins Avenue (17275 Collins Avenue to 17555 Collins Avenue), in an amount not to exceed Twelve Thousand Seven Hundred Fifty Dollars($12,750.00), bringing the total contract amount not to exceed to One Million One Hundred Seventeen Thousand Two Hundred Seventy Dollars ($1,117,270.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Fifth Amendment to Agreement. The City Commission hereby approves the Fifth Amendment to the Agreement with Keith and Schnars,P.A.for undergrounding Consultant services, in an amount not to exceed Twelve Thousand Seven Hundred Fifty Dollars ($12,750.00), attached hereto as Exhibit "A". R2016-Keith and Schnars 5th Amd to Agmt Undergrounding Page 2 of 3 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of October 2016. / /a fO'r?Acaffec-- eH. Schol , Mayor ATTEST: _ ,X.1,14.1.-- {. Wax_ Jane A. Hin s, MMC, City Clerk {{ (' f", ) APPROVED AS TO FORM AND •.// UFFICIENCY: %/moi vid A Ha -.I rot, CO Attorney Moved by: lAMM. t1Et-tp,S Seconded by: CovV(M. LE V t 0 Vote: Mayor Scholl Q,Enfc (Yes) (No) Vice Mayor Gatto V (Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Levin ,/ (Yes) (No) R2016-Keith and Schnars 5th Amd to Agmt Undergrounding Page 3 of 3 1 • t�NY I7fJ FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KEITH& SCHNARS,P.A. CONTRACT NO. C5232-1617-006 Of)UM'NC This Fifth Amendment to the Agreementtetween the CITY OF SUNNY ISLES BEACH and KEITH& SCHNARS, P.A., executed this 2) day of OCtd€r 2 , 2016, is made a part of the original Agreement between the parties dated February 21, 2013, ("the Agreement1, between the City of Sunny Isles Beach ("City") and Keith & Schnars, P.A., ("Consultant") attached hereto as Attachment "B" whose Federal Identification # is 5 9-1 4 0 6 3 0 7 . 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 design services associated with the Collins Avenue City Utility Undergrounding Project,("Additional Services"),as set forth in Consultant's proposal,a copy of which is attached hereto and incorporated herein as Attachment"A". 2. ADDITIONAL COMPENSATION. By Resolution No. 2016-2527, the City Commission approved the Fourth Amendment to the Agreement,increasing the total contract amount to One Million One Hundred Four Thousand Five Hundred Twenty Dollars ($1,104,520.00). 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 Twelve Thousand Seven Hundred Fifty Dollars($12,750.00),bringing the total contract amount not to exceed One Million One Hundred Seventeen Thousand Two Hundred Seventy Dollars ($1,117,270.00). 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 Fifth 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. W , NESS: KEITH& SCHNARS,P. . S gnatu :l - I � BY: JD �Q yV( rrol ala i/ 34w,CEO and President Print N.m- • ATTE 1 CITY OF SUNNY ISLES :EACH 41, BY: ,,1.!, . BY: , .✓ ,/ Jane A. tines, MC, City Clerk cyeorge H. Scholl, ayor - APPROVE I • _ TO- O' AND LEGAL . F • I T. Y/ BY 441 i ,c,t Han • inot, C attorneyt `) om: RECEIVED IF ' KEITH & SEP 2 2 2016 SCH' `S City of Sunny Isles Beach Office of the City Manager September21,2016 City of Sunny Isles Beach Mr.Christopher Russo,City Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 RE: Agreement for Professional Services Project Name: City Utility Undergrounding Consulting,Collins Avenue Project Location: Sunny Isles Beach,FL Keith and Schnars Project 18073.00—Amendment No.9 Dear Mr. Russo, In accordance with Mr. Paul Abbott's request and subsequent discussions between members of our association and your 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 Undergrounding of Utilities project for the,City_of Sunny Isles Beach encompasses an area including Collins Avenue from NE 196th Street tq Bayview Drive, including 191st, 189th, 186th, 185th, 183rd, 178th,and 175th Terrace from-Atlantic Boulevard`to Collins Avenue; Atlantic Boulevard from 185th Street to 191st Street and 175th Terrace to 183rd Street; and the easements north of 175th Terrace and south of 170th Street. This amendment is prepared at the request of the CLIENT in order to provide additional design services for undergrounding and conversion of the utilities at a portion of Collins Avenue (17275 Collins Avenue to 17555 Collins Avenue). r 6500 N ATTACHMENT "A" i-2132 S e B /ACA\ 771 i- ---- II. SCOPE OF SERVICES Task 1 Engineering Engineering Services: Subtask E.43—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.44—Utility Test-holes&Utility Targeting To ensure the accuracy of existing conditions, specific utilities will be physically located and identified with exact vertical and horizontal location designated. Subtask E.45—Prepare Plans for Construction 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. 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 directly with FPL. CONSULTANT services include attendance of meetings related to coordination with FPL. 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 September 21,2016-Page 2 Communications with private property owners will be through City staff. Minor corrections and details are expected to make the Underground Plan complete. 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.46-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. FEE SCHEDULE TASK DESCRIPTION PAYMENT PAYMENT TYPE AMOUNT TASK 1 Engineering Subtask E.43 Input Existing Utilities NTE $700.00 Subtask E.44 Utility Test Holes&Utility Targeting NTE $500.00 Subtask E.45 Prepare Plans for Construction NTE $9,000.00 Subtask E.46 Additional Project Management NTE $2,550.00 Subtotal Engineering $12,750.00 TOTAL $12,750.00 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 s September 21.2016-Pace 3 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: Our fees for Subtasks No. E.43 through E.46 will be Twelve Thousand Seven Hundred Fifty Dollars ($12,750.00). 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. 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 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 s o s Seotember 21.2016-Paoe 4 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 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No,9 September 21,2016-Paae 5 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 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 s i s September 21.2016-Paae 6 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 ail 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 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. Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 s g p September 21.2016-Pace 7 • 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 Enginee , fanners,Surveyors ,/ Jake Ozyman, P.E. Name. �tst/kw Director, Civil Enginee i g Title: C't Dated: `L-2 Dated: OCTo 0/6 ZkProjects118073 Sunny Isles(SIB)Underground100 Collins Ave\CIvlMdminlstraionlAgreemenMsnd No 91SunnylslesUliltyUndergroundingJimd e.doc Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 S I B September 21.2018-Paae 8 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 • Professional Services Agreement Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL K&S Project 18073—Amendment No.9 September 21,2018-Exhibits S 8 B AGREEMENT BETWEEN THE CITY OF SUNNY : ... ISLES BEACH AND KEITH AND SCHNARS,P.A. CONTRACT NO. C1213-004 THIS AGREEMENT,entered into this 21 day of 2013, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as the ("City") and KEITH AND SCH1NARS, 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 59. 14.010307 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 (554,680.00). . . 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 (S54,680.00), for the performance of Phase 1 of the Services. Payment to Consultant for all charges and tasks under Page 1 of 8 SOF ATTACHMENT "B" • this Areement 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 fulfill the terms of this Agreement. 5. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. _The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own Page 2 of 8 s B 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 (S 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. Paee.iof8 • S 0 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 wroneful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance'of Services under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses,and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. • 9. TERMINATION. A. If. through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any' of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered w 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. Page 4 of 8 I (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of 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 coup on confirmation. 13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested. (ii) by guaranteed overnight delivery by a nationally recognized courier Page 5 of S S :6 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 Page 6 of 8 SIB • 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] • • Page 7 of S .S 1 B 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. Signa e J(? - allew1 Avie, � � ( BY: Vice President Print Name' Signa - and Title ATTEST: CITY OF SUNNY ISLES BEACH • k4 B BY: Jane A. Hines, CMC, City Clerk N rman S. Edelcup, Mayor • .I 1111" APPROVED AS TO FORM AND LEGAL SUFFICIENCY Atifik • .Trs rtinot,I ity Attorney Page 8 of 8 Lamb. ATTACHMENT 'A" KEITH and SCHNARS, P.A. ENGINEERS, PLANNERS, SURVEYORS mar 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 blame: City Utility Undergrouncling Consulting Project kation: 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 ISies Ocean Beach Boulevard, • 3) Center Island, and 4) Golden Shores neighborhood. Because of a pending FDOT.Resurfecing, Restoration, and Rehabilitation (RRR) project anticipated to staff in June 2015, undergrounding within Collins Avenue has taken precedence ovei the other areas.The CITY has the opportunity for an economic benefit as well as avoidance, of additional disruption to residents if the undergrounding of utilities.can be done in conjunction with tha FOOT RRR project. Doing so requires that the completed desigh be submitted to FOOT Well in advance of pioject commencement Becausethe project is heevily.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.corn 2.0 PROJECT OBJECTIVES • CLIENT has requested CONSULTANT'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 Dent and establish general parameters for the project. General criteria is established such as identifying the limit; of the project, identify Client expectations/desires, identify .stakeholders (those with direct • influence or interest in the project), and reviewing the process/requirements 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, sunny, 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 inforination is further analyzed to determine absolute necessity for project. Wnere 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: UtRity Underarounang ConsuMing Project Location:Sunny Isles Beach,FL. _! KEITH and SCHNARS; P.A. • x&S Proposal No.:P5098.MK: . �■® ENGINEERS,PLANNERS,,SURVEYORS Rimed=ebrua y 5,:2013 Pap.2 v • • SSB • • 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 permit 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 util ties. 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 Omer poles. General coordination with existing utilities needs to include location of traffic signaliiation boxes, pull boxes, transformers, switchgear, and water/sewer services. Service connections across private properties heed 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 timeframe. With the elimination of overhead poles, private services and transfoimers will be dropped. Discussions need to include potential phasing.of irioik.as "related to the specific utility. It may be that a componeht that defines the phaseifiinits for one utility does not coincide with component defining phasing for another. Step 6. Prepare Construction Documents: Once all of the design issues and reoitireinents have been identified; construction documents coordinating and addressing utility concerns.are prepared. These plans are used for circulation amorig stakeholders for confirmation of improvements and • submittal to appropriate permit-agendas. 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. Pro'essional Services Agreement Project Name: Utility Unde_rgrounding Consulting Project Location:Sunny Isles Beach,Ft KEITH and-SCFN ARS, P A. - K&S Proposal No.:P5098.14 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 tum-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 demonstratino 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 miriimal 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 concems/questions. 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,permits and contracts are closed out, bonds and final payments released. 3.0 SCOPE OF-SERYiC_ES Services to be provided by CONSULTANT under this initial Work Authorization shall pertain to Project Assessment (Phase 1) Only as related to approximately 22 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 authorization: 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 Improverhent Plan (CIP). CLIENT understands that at-this stage,the project is extremely.conceptual with minimal input provided by FP&L or other Utilities. Btidaet estimates are to • be based upon 9eneral. 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 presentation. Protesonal Serums Agreement • Project Name: Ulifity Underoraunding Consut5ng • - Project Location:Suriny Isles Beach,FL :WE KEITH.arid.SCHNARS, P.A. ' $.8.3Proposal No.:P5098.MK: ENGINEERS,PLANNERS, SURVEYORS Revised February 5,2013 `.Page4 • TASK 2-Meetings/Coordination with FP&L and Utilities Subtask 2.1 -Through series of meetings, five (5) anticipated, CONSULTANT 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 thtee (3) meetings to address phone, cable, water and sanitary issues. Subtask 2.3 - Subsequent to meeting with FP&L, CONSULTANT shall meet with FOOT to introduce project and identity 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 CLIENTland 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 CL DENT. 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 FOOT suggest the fixtures•have outlived their design life resulting in increased maintenance.and outages. Ownership of the fixtures belongs with FDOT District VI. A more concliuive assessment of the system is required to identity deficiencies by type and severity. This task • is to provide an elementary assessment of conditions from field observations and readily avaitabfe information with the intent of suggesting improvements to be incorporated into undergrbuhdiing design. Servicss 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. • • ProiessionalServices Agteement Project Name: Utility Underorounding Consulting Project Location:Sunny isles Beach,FL _1 KEITH and SCFENARS, P.A. K&S Proposal No.:P8098.MK • ®_ ENGINEERS,PLANNERS, SURVEYORS Revu=d=ebruary 5,2013 Pea=5 • • ; • 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 undergrounJng of overhead Transmission Lines. By their nature, undergrounding'of Transmission Lines involve more significant issues and are handled within a separate division within FP&L To avoid impacting progression of undergroundrng efiorts, Transmission Lines will not be addressed within the abotie scone 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 Sublask 1.1 I Budget Estimate Lump Sum $6200.00 'Subtask 12 I-Project°r=.sentation Lump Sum $2,820.00 Su ask 2.1 I Mtg.'s w/FP&L T&M $7,810.00 I Sufbteak 22 I Mtg.'s w/Utilities T&M $3,710.00 Subtask 2.3 Mto's w/FDOT T&M S 2,150.00 Subtask 2 E Mia's aril Coorpriiation(CITY) I T&M S 6,800.00 Subtask 2.5 I Explore l ighting'lasu I T&M S 7,100.00 'Subtask 3.1 R°seamh Eicisting fritorfnation I Lump Sum S10.670.00 :Subtask 32 I•Prefrrrtinary Cosi iirriate I Luirip Sum $7,420.00 Professional Services Agreement Project Name: Utility Undergrounduig Consulting Project Location:Sunny Isles Beacrr,F'. -®KEITH and SCHNARS, P.4. K&S Proposal No::P5098.MK _ ENGINEERS,PLANNERS, SURVEYORS Revised i eb uary 2013 Page 6 • 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.forthe perforrriance of such additional services ah amount (in addition to all other arnounts payable under this Agreement) based on an hourty fee in accordance with CONSULTANTS 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) $27,110.00 • Total Time and Materials Fees(2.1, 2.2, 2.3,2.4& 2.5) $27.570.00 • Total Mazirriuiir Coritiact $54,680.00 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 stiall'be obligated to pay th"e undisputed poition Of the invoice as set foith in below. ft CLIENT-fails W 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 pievious amount. • Professional Services Agreement Project Name: Utility Undergro!moing Consulting ®, •Project Location:Sunny Isla Beach.FL =rt KEITH and SCI- IARS;.P.A. :•tK&S Pr000salNo.:P5098.MK • . ® ENGINEERS,.PLANNERS, SURVEYORS Revised February 5,2013 Page 7 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 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 alt claims, damages; losses and expenses, including, but not finiited 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 sdch obligations is prevented or delayed by acts of God or-government, labor disputes, failure or delay of transportation, subcontractors, or any other similar cause dr caul beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANTS obligations hereunder Shall be extended by tithe 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 warrantor represent that any government approval will be obtained. Professional Services Agreement Project Name: Utility Undergroundutg Consorting Project Location:Sunny isles Beau,FL KEITH and SCILNARS,-P.A. K8S Proposal No.:P5098.MK ENGINEERS,PLANNERS, SURVEYORS sv's�4:ebruary 5,2013 Page 8 • • 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 govemrental 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 ate 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 teceived frorn CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E. T erf iination: 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 sei.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 sooty (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 CONSULTANTs remaining fee. F. Liability: CONSULTANT is protected by Workmen's'Compensation Insurance, Professional-Liablity 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 liagity arising solely from-the negligent acts or omission of CONSULTANT, its employees, agents, Processional Services Agreement Project Name: Utility Underground-fig Consulting Project Location:Sunny isles•Beach,Ft. _� KEITH and SCI{N ARS,-P.A. K&S Proposal No.:'PSo98.MK k" ENGINEERS,PLANNERS,SURVEYORS Revised=ebruary 5,2013 Pao-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 CLIENT'S expense. CLIENT agrees CONSULTANTS 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 CONSULTANTS services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or 550,000.00_ whichever-is greater. In no event shall CONSULTANT-be liable for any-indirect, special of 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 jn 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 attorneys fees and costs related to said litigation. V. CUENT'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 CLIENTS behafl with respect to all aspects of the Project. CLIENT shall be responsiole for all processing fees or -assessments 'required for the coinpletion of:the Project. CLIENT shall provide CONSULTANT access to the Project site.at reasonable tirrtes'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 cif.tFansferred 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 CQt`SULTAN T i bm enip!oying such . Professional Services Agreement Project Name: Utility Uriderarounding Consulting Project Location:Sunny lies Beach,FL •KEITH and SCHINARS, P.A. • •K&SjPr000sal No.:°5o98.M1< • C ENGINEERS,PLANNERS, SURVEYORS Reused i eorua y x,.2013 Pace 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 with (0 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 confact 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 JHal -. . -- Name: Vice President,Civil Engineering Trtle: Dated: Z /?-/i Dated: Professional Sewices Agreement Project Name: Utility Undergrounding Consulting Project Location:Sunny Isles Beach,FL KEITH and SCHVARS, P.A. K8S Proposal No.:PS098.MK • ENGINEERS,'PLANNERS, SURVEYORS Revised February} 5:2013 Page 11 • B • 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 EKSFDAT4 ' 2ti J0C Suety biss1F9348 W Ss-'tt y•' lady bider - g v2-5-13 Ft:W.dnc • :_®KEITH and SCHNARS, P.A. -� ENGINEERS, PLANNERS, SURVEYORS SUNT 4(6. City of Sunny Isles Beach ti! 18070 Collins Avenue Z Sunny Isles Beach, Florida 33160 (305)947-0606 City Hall r tr os svK "�Q (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 10/20/2016 Approving a Fifth Amendment to the Agreement with RE: Keith & Schnars, P.A. for the FPL Overhead to Underground Conversion Project RECOMMENDATION: This Resolution is presented for your consideration. REASONS: This Fifth Amendment to the Agreement with Keith & Schnars, P.A. is to provide additional design services for undergrounding and conversion of the utilities at a portion of Collins Avenue, from 17275 Collins to 17555 Collins Avenue. ADDITIONAL INFORMATION: These additional services will be paid from the funds provided by Sole and Chateau Beach as part of the compensation received for their undergrounding. The total amount of this amendment is in an amount not to exceed $12,750.00, bringing the total contract amount not to exceed $1,117,270.00. ATTACHMENTS: Description Resolution Fifth Amendment 239