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.
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eH. Schol , Mayor
ATTEST:
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Jane A. Hin s, MMC, City Clerk
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APPROVED AS TO FORM
AND •.// UFFICIENCY:
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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"
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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
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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 (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 •
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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.
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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.
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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 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
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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
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]
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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
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B BY:
Jane A. Hines, CMC, City Clerk N rman S. Edelcup, Mayor
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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
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SSB
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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
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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
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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
• • ;
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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 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
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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.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.
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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
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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 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
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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 •
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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
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ENGINEERS,'PLANNERS, SURVEYORS Revised February} 5:2013 Page 11
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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
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:_®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