Loading...
Res No 131-11-13445RESOLUTION NO. 131 -11 -13445 A Resolution authorizing the City Manager to execute a purchase work order for design and construction administration services to T.Y. Lin International I H.J. Ross for the design of the City Hall Sewer Connection to be charged to Account Number 114 -4000 -541 -6490. WHEREAS, the Mayor and City Commission desire to upgrade the City Hall sewer connection, from septic tank to a sanitary line hookup with full restoration. WHEREAS, the Mayor and City Commission authorize the City Manager to secure the services of T.Y. Lin International I H.J. Ross for professional services for the design of the sewer connection; and WHEREAS, the total cost of the professional services will be $9,558.00, funded through the General Obligations Bond, Account Number 114-4000-541-6490 with an account balance of $218,737.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute a professional service work order with T.Y. Lin International I H.J. Ross in an amount of $9,558.00 for design and construction administration services of the City Hall sewer connection. Section 2: The total cost of the professional services will be $9,558.00, funded through the General Obligations Bond Account Number 114 -4000- 541 -6490 with an account balance of $218,737.00. Section 3. This resolution shall take effect immediately upon adoption.. Passed and adopted this 166day of August 2011. NO WE MESA i Read and appr d as to f rm Commission Vote: languag ity and e c n Mayor Stoddard: the Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Cff O - N Ly Commissioner Harris: 5 -0 Yea Yea Yea Yea Yea So vey South Miami M -AmMu CBy CITY OF SOUTH MIAMI 9=7a OFFICE OF THE CITY MANAGER <o Ri° INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the Cltv Commission Via: Hector Mirabile, PhD, City Manager From: Keith Ng, Project Manager l r Public Works & Engineering Department Date: August 5, 2011 Agenda Item No.:� Subject: Approval of Professional Service Work Order for Design and Construction Administration Services for the City Hall Septic Sewer connection from T.Y.Lin International i H.J. Ross. Resolution: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a purchase work order for design and construction administration services to T.Y. Lin International I N.J. Ross for the design of the City Hall Sewer Connection to be charged to Account Number 114- 4000 -541- 6490. Background: A septic tank was discovered behind City Hall, servicing the second Moor restrooms of the Police Department. It is in a state of disrepair and can no longer provide the needed service. Therefore, the City of South Miami proposes to abandon the existing septic tank system currently servicing a portion of the City hall building and a new sanitary sewer line will be constructed to route the building's sewage flows from the existing point of connection near the septic tank to the existing sanitary sewer lateral line that connects to the sewer along SW 61st Court. Project Description: T.Y. Lin International I H.J. Ross will provide final construction plans, technical specifications, permitting and bidding assistance and construction administrative services for the above project. This work will be performed in accordance With the Professional Service Agreement for General Engineering Services dated 2009 as amended herewith. Expense: $9,558.00 Account: These services will be.funded through the General Obligation Fund, account number 114 -4000 -541 -6490 with a current balance of $218,737.00. Attachments: Proposed Resolution Kimley -Horn &Associate. Inc. bid EAC Consulting, Inc. bid TYLin International f H.J. Ross, Inc Bid Professional Services Agreement for General Engineering Services Scope of Work/ Cost Proposals Table June 1; 2011 Keith Ng City of South Miami Public Works Departfrient 4795 9 S. S.W. 75`h Avenue Miami, FL 38155 RE., City HallSewer Coinnection Proposal 'foe Erigirvedeing Services Dear Mr. Ng: We appreciate the opportunity to the Gity T-Y-L, frAUNTERNATIONAL I HJ ROSS 201 Alhambra drda, Suft 900 Coral Gables, Flwida 33134 rel. 3o.56z.ine - Pax. 305.567-1771. EMA.; hjrO5S@hjrQss.0001 engineering design, permitting, bidding sewer system foe The.attached Proposal for Engineering Services lists the Scope of Work, compensation to perform these services, and the project schedule. The cost , for these services is a lump sum fee. of $9,658.00: If in agreement, please sign on page 4 and return one original for our records. We look forward to working with you on this project. rcisco J. Alonso, P,E, Project Manager Enclosures. qc- Rudy de la Torre Jose Nessi 1V,-L1NlNTMW0,NAL I �M ROSS CITY OF SOUTH MIAMI CITY HALL SEWER CONNECTION PROPOSAL FOR ENGINEERING SERVICES .PROJECT DESCRIPTION The City of South Miami (CITY) Proposes to abandon the existing seIptlb tank systern currently servicing a obrUbh of tie City Halt building. In addifidn,'a new 4l -6° sanitary sewer line (approximately 300') will bel constructed to route the buildines sewage flows from the existing. point of connection near the septic tank to the existing sanitary sewer lateral line that connects to the 21' sewer along S.W. 61st Cour-L -3-Y-UKWTfflWn0NAL I M ROSS (CONSULTANT) will provide final construction plans., .technical Specifications, permitting and bidding assistance, and construction administrative services foe the above project. This wdrk*' Will be performed in accordance with, tba Professional Service Agreement tot- General Lngineering Services (AGREEMENT)Aated January. 2009 as amended herewith. 11. SCOPE OF PROFESSIONAL SERVICES The :specific work scope tasks to be performed by CbN8ULTANT and its subebn§ul , tt3nt are: T. PHASE Ifir F.INAL,.DESI0,N,P1-4ASE CONSUI.TANT agrees to provide the Phase /I/ - Final Design / CQh#rtjQff0n Documents, Development services In accordance with Paragraph 2.2.3 of the AGREEMENT Final design phase includes design documents and permitting assistance. Permitting assistance includes acquiring q s0worri'low allocation letter from DERM and permission to connect to the existing sariltary-§eWbr from Ml)-WASD. 2. PHASE IV . : BIDQINGAS415TANCE PHASE CONSULTANT agrees to ;provide. the Phase. IV — Bidding and Negotiation Phase services in accordance with Paragraph 2.2.4 of the AGREEMENT. City of South Mlamt- Pub(IeWorks Department June 1, 2011 City Hall SeWee bonnectf6n Page I Pr6posai for Engineering services I`—VL1N1N-ff_RNXDNAL I W ROSS 3. PHASE Y: CONSTRUCTION ADMINISTRATION PHASE CONSULTANT agrees to provide the Phase V _ Geoerat Administration of the Construction Contract services in accordance with Par-agra.ph 2.2,5 of the: AGREEMENT with the following modifications: 3.1 QONS ULTANTL bases fee for this task on a construction time of 30 calondaY days from award of Construction Contract to approval, by the CONSULTANT, of ConjraCf6(8 final Payment Certificate, 3.2 CONSULTANT bases fee for this task on conducting weekly site. visits and . part - time on-site observations at an average of 8 hours per week. in the event that continuous daily on -site observations are. required, asstated in Paragraph 2.2.5.E of the AGREEMENT, CONSULTANT reserves the right .to negotiate additional fees with the CITY at the hourly rates found In Section 4 of the AGREEMENT, CONSULTANT agrees to provide the Phase V1 — Post Construction Administration services in accordance With Paragraph 2,2.6 of the AGREEMENT, III, SUBCONSULTANTS The following Consultants Will :assist In this: project: I Inframap Corp. "S4#t -Dl�° Utility Location Services See attached sub- consultant proposal. IV. SCHEDULE ciF bELIVERABLIES CONSULTANT will:submif theifollowinq defiverables to the CITY: City of South Miami -Public Works department June 1, 2011 City Hail Sq�wer Connection Page 2 Proposal for , Engineering Services V. SCHEDULE OF SERVICES CONSULTANT sh6110dr-form the Work as depicted in the table below following receipt of a written Notice-to-Proceed from the CITY. A preliminary schedule of activities is attached as Exhibit A ". SCHEDULE OF WORK Task- _6_draii;n if Projacta;'. ---Pro. Task Name and/be Activify Description work Projected le Finish Date VI. COMPENSATION CONSULTANT shall: perform the. Work detailed .In this Proposal for 8(,Lump Surn, Fixed fee of Nine Thousand. Five Hundred and 'Fifty Fight Dollars dollars and 00 cents ($9,558.00). SUMMARY bF�Cd_M _PENS;kT1QR,_ Task Task Name andf.6r Activity Description Fee, Amount Fee Basis I PHASE 1�t,,FIW)�L_15ESI(jti�PHA�5 $5,160, 00 Lump.$ urn, Fixed, PHASE N: BfOD.ING ASSISTANCE PHASE $94om Lump . Sure, Fixed 3 1 bNSTRUPTION ADMINISTRATION PHASE _�m Lump Sum, Fixed t( —A PHASE VI: POST CONSTRUCTION ADMINISTRAT� N $640.GO • $64o. Lump' Sum, Fixed UTILITY LOCATION SgRIVCES. (INFRAMAP $ 1 .0 $018.001 Lump Sum, Fixed Total = $9, i68.Od Lump Sum, Fix.e,d VII, ALLOWANCE FOR ADDITIONAL SERVICES Additional services not spedifically described under "'Scope 6 of Professional Serviced' 11.1.1 k.. specifically approval, .. p Will be Performed'upory wn an approval, and will be, billed at the hourly rates shown In Section 4 of the AGREEMENT. CONSULTANT May use the All6wance for Additional Sor0ces requested in writing by and at the discretion of the CITY. City of South Miami - Public Works Department June 1, 2011 City Hall Sewer Connection page 3 Proposal for Engineering Services 'r-YUNINTFMATIONAL I FUMSS Vill. SERVICES NOT INCLUDED The following services are not included in the S000e Of Work for this project'. 1. General Engineering services as identified in section 2.1 of the AGREEMENT other than What has been described above, 2. Phase I services. ldpn1ifled in Paragraph 2.2.1 of the AGREEMENT. 3. Phase 11 services identified. in Paragraph 2.2,..2 of the AGREEMENT, 4. Addit.16haf Professional Services identified in Paragraph 23 of the AGREEMENT, 64 Surveying SorVices 6, deotechnj(;al.Engineering services' Including subsurface explorations and/or testing. 7. Permitting $ervires other than those :.dqscdbe&above or payment of permit fees. IX. INFORMATION TO BE PROVIDED BY THE CITY CITY agrees to provide, if av8llable: 1. As -buili piing of existirig City - owned facilities with eievatfons.of unde. rground utilities. 2, Survey orSite 3. Division I (front-end) doctiments f6r.the preparation of the contract doddr,nerits. 4. CITY is responsible for payment of any permit review fees, to the regulatory agOnrles. X PROJECT MANAGER CONSULT Albrisol, F11 Prepared bya Francisco J. Approved by: Keith Ng City of Sbuth Main! - Public Works Departmenf City Hart sewer dwnectioh Rroppsal for Engineering Services' this, Work Orderassighnient Will. be FranGisto J. P.E. Date ,Date June 1, 2011 Page 4 0 w 'x a w 0 0 _ 0 4 C C O N V yJ O C � 3c Al F- S w a a N Q U O Q Q+. O w Y i u C v° i m T V A 3 N 0 U o •• O � Ep O Z O. �a °o d, �I 9 be c U U o 0 8 m � m w u a s r O w z a LL o c� QQQo'i•� o o �° m x 8 n E X m 2 a m b =¢ a T N 9 O W <9 O p� _ O � � O N H a a N o E E U z a x n ry T x a � o E m } w � � U o O C A 0 2 Z s 5 0 v u x o` ? s � o � > m y i m � N, N b yy N � 6 F O O S o� c n N O ti S N Q m N 6 g 6 N W a � S N o m q M V t� N NN N K o x a a � h o v a m '> o a a a a r Mi d �a °o d, �I 9 be c U U o 0 8 m � m w u a s r O w z a LL o c� QQQo'i•� o o �° m x 8 n E X m 2 a m b =¢ a T N 9 O W <9 O p� O a d o m d O o H a o E E U c o z a U N V=i n ry T x a � o m } w � � o O C A C Z _ ry M i0 K S� 5� � m sh f3 Il 4Q, Date: June 1, 2011 Prespht.ed. to; T-Y. Lin International / H; J. Ross 201 Alahahibrb Circle, Suite 900 potal Gables', Florida 33134 Phone No.: (305) 567-1888 Fax No,: (305) 56-1,1771 Attu' FTah6sco Alonsb, Cell;f (305) 567-1888, 6A 267 Project name;, Utility Locating and Test Hole, 8ervi[pes; City of South Miami {SW 61st Court} M requested, we have prepared" . this proposal `for Wid6fdrd-Lind Utility ioOling and test hole services for the above referenced project This proposal is .based upon PhonapprIversations and plans !receiving allour office on 06101/2011, SUBSURFACE UTILITY LOCAIWGSERVICE Syec fcations anMorkErores§ InTihe-pefformancp of subsurface utilify.jora-ting, Infr@.Mpp,C,qip, (jMq) proposes to: 1, Utilize ctfe'nt provided records from utility companies unless stated as on IMQ function in the scope statement. Gathered materials will be used as an aid irfihe)clentifib;�itibn of the qumber, identity; $1 zej and material of utilities 1ppateq'in thp, f'j'qId,'anO they will not b. u6s�iju -' for actual geophys I !be I I location I unless . m nq . b e yseclas-as, te the sy , ca ot eve iifO electronically using, industry standard technfquegf - or this level of investigation;. r Conduct a thorough electronic search of the, site for the T burled utility systems sfvwri on re acquired. Verify that each utility has been eactnonlcally focatecl�'anj targeted,. Then,, concl el'ectronic git , cl sweep of the.sife to search for utilities that do not appear on available record! attempt to deiannine, type of udilify; This Investigation Will be accomplished using actin passive type utility detection gear that detects induced or naturally orcurripgferiergy fields pr on conductive utilities. This investigation a.ground, i Pen6trafhg radar sweep.' The , tigel subsurface utllfties, although highly reliable, is:expressly understood to represent an app fox location of the target facility as marked. on the ground surface:' The accuracy of this target subject to certain factors beyond our control such as limitations of available technology anc conditions that may Include, but are hoOlmlied to: depth 6futility; eleciri6al conductivity of I site conditions and access. Where nonconductive or non locatable, utilities are present, personnel will makes notes, for the client: 3. This service will,be provided with due diligence and in a manner consistent with standards of the subsuri`646 utility maOplrio industry. Every reasonable;effortwill be made to locatei all. systems of lnterest whotkae iridIcited on records available to us or not. However, we do not guarantee that, all existing utility" systems can or will.b6 detectecl. It may not be possible>to detect utilities without prior knowledge .s6ch as systems that are not depict6d on records available to us. Further, this service Is not intended to detect non - utility structures such as but not limited to: foundations, buried tanks, septic systems; wells, tunnels; concrete or metal structures, or the t ue size: and limits of subsurface utility vaults and manholes. This service represents the best available data on subsurface, utilities: given a cost effeciive investigation that does not involve excavation. Use of this service does not relieve interested parties from their responsibility to make required notifications prior to excavation. Use of this service does not relieve. utility, owners of their responsibility to mark the location of their facilities prior to excavation. InfraMap Corp. v,4,11 not be responsible for damages to utilities caused by others. SUBSURFACE UTILITY LOCATING BY AIRIVACUUMI TEST HOLE The intent of the proposed test hole service is to provide the actual horizontal and vertical location of existing utilities or strictures at the point of interest by. air/ vacuum excavation to facilitate the identificadon end resolution of potential design conflicts and aid in the protection of these facilities during construction. During the perfofm6nce of test holeroperations, IMC will perform the following functions. 1. Supply qualified. personnel and provide them with the appropriate equipment, resources; transportation and fleld supplies to perform the requested services. Z Co6rdinate wifti the Client to determine what test holes are needed and their expected locations, 3. Coordi fate with inspectors; property owners, "ONE CALU' and others as required. Comply with all laws and regulations 8oneet nil g excavation. Obtain all permits needed to perform the test holes. 4. Determine in the:field the actuel.location of the proposed improvements impossible conflict with existing utilities:'This shall be aocanplished by using the plan supplied by the client. 5, At the appfozimate point of possiUls.coiiftichu+ltlt the proposed improvement, excavate a test hole using air/ 4acUum exdavatiorf- Prbvideall measures necessary to perform the Work safely.and to cause' do q?amape to the Utility structure: The test hole will be of the ininitnum size required to expose the utility of interest and record the following inforhiat on: a. Depth belbw grad"& (cover). b: Utility material .shape and overall condition. c. Approxitnate diameter of pipes, cables, :conduits and the configuration of multiple gonduit systems, d. The "general directional, trend of the; utility. e. T'hickness;,type and Condition of paving material. f General soil conditions. 6. Istall a permanent survey market directly over the Centerline of pipes or edge of concrete s. I fructures or conduit: banks at grade. Indicate on the 'T'est Hole Form the placement of the marker relative to the ufllity cross "section, Z. Backfill Pest, hole with excavated material. in 6" lifts by air:ppeurrmatic'tainping. 59611 placed. within 1 foot of the exposed utility will be clean and tamped carefully. Backtill materials will b& adequately compacted to prevent later subsidence of the test hole. Pcovfde select backfilt.rdeterials; su ih as insula4ng sands and. gravels, When.6eeded. Restore test hole area to original'odholitioh. Ribbon. of appropriate AMMULCC color Will be installed in the backfill from.. utility to grade. 8.. Repair apd.restore.all pavement cuts to insure along Walling, Permanent repair. Guarantee patch for 1' year and return to repair wltt in that time if test hold s nks more titan %" below onglhat grade (per nahen! market). In the even{ that the permtttin9 agericy doe's; not accept cold patch :as permanentrepair, it is the responsibility of the client/permit holder to provide for restoration and compaction of the hole to the complete satisfaction of the permitting agency. Page 3 -9. Record the location of the permanent marker with a minimum of three (3) swing tie measurements to convenient existing permanent structures on sife. 10. Cadd Test Hole Forms. Also, provide a Test }Sole inventory report to list numerically the test holes completed/ attempted. 11. Technical limitations of small hole AirNacuum excavation; In order to, provide a cost. effective service that causes minimal disturbance to site amenities and utilities, and is acceptable to permitting agencies, the. size of the test hole excavation is kept to a minimum:. A nominal size of 64,square inches (8!'x W) is the assumed size of the average test hole. Given this size excavation; the following limitations are stated for the benefit of the designer in.choosing test hole locations. a. The bottominvert of pipes and large diameter cables and conduits' is not directly available in most test holes, The point of measurement of these utilities is typically the drown or sfiallowest,point.on.the utility. Invert information Is dedvad from crown covet plus diameter. .tit The dlameter of most pipes greater than 24." cannot be recovered directly from the the pipe, ss needed, and directly measuring the outside diameter with a'wooden rule to the fiebrest: 112 ". if pipe diameter is critical on. larger than 24" pipes;, it may be 406es's6ry to perfoim additional hofes, This type of investigation falls outside of the normal scope of test hole services and needs to be req"ueste'd specifically. c: Encased systems and non-encased conduit banks are typically exposed on one edge,. This allpws' the test hole to be. ekeavated down the side of the. utility until a discernable bottom edge ban be evaluated'. Although it is usually possible to determine. the bdtPoin edge of these systems, it: is not possible. to determine conditions; under these or othertutility systerhs.; such as concrete overpour and other u6lcties. It Is, uiiporWrit for the designer to temember that the bottom edge of an enpsed 'system ,or unenbased conduct bank tnay not represent its lowest point,; and that the;'shape of the system may not be the same on both sides. The width of these Systems may'tiot tie d'etermined from a'single test hot &. Encased systems and unencased dicndul', b4hl s 'may: iequGe two test hot 'es to document the width (and both sides'top, and .bottlem elevatigns). 12. This service Will lie grov. IdOld. with due diligence and in: a' manhaG co ,intent with; sta lards of the sub - surface utility, ideating industry: Every reasonable effort' will be made to locate all utilities requested. However, we dp not'guerantee, that ail existing utility'systerns, can be located or exposed. It. may not bo, possible to: detect, utilities without prior knowledge„ such as systerns.that ate not depicted on records: available to us. Further, this service is' not. intended, to locate non• utility structures such as but not limited for foundations, burled tanks, septic systetns, wells; tunnelsi cohcrete_or metel structures etc unless. specifically mentioned' in the SCOPE Wiidmenf. This service. represents the :best available data +in sub - surface utilities given a: cost effective, investigation, using airivacuum excavation Use of this service does;not relieve, interested parties from their responsibility, to make required not�cstrons prior to excavation,. Use of this service do, es not relieve utility owners' of their respohsiibii'ity'to merk' bti lacatibn of their facilities prior to excavation. InfreWp. Corp will not be responsible' for 'darnagab to utilities caused by oth r,& InfiaMep,Goep is not responsible• for utilities located underneath other utilities: If records . research is not pail o #,the scope ofsery ces utility owners or their f eld agent's marks will be used to identify utilities; we are: not responsible for correcting mistakes made by other locators. page 4 gtOPE OF SERVICES: Project limits /description; City of SoUth Miami (SW 01 Court) Test Holes to be performed: As depicted on client's request plan$ No Survey Requested GADU platform:.Autocadd for test hole forms, HoPlzonteil test holer map in Autoradd or Microstatiom Project schedule ::To be,complete Within (12) day's of NTP, weather permitting., PROJECT ESTIMATE Page 5 Test Holes: 2 Test Ho[6b @ s8bb.001 each 618.00 Total. Prqjqct..Estfmate, =$ 619.00 Billing will reflect actual number of hours Used, test holes performed and depth encountered. . This estimate does not represent a lump sum fee to Perfor..m . this work. The estimate is based upon the project limils.despilled. Should the scope of the project chbrfg6 or field conditions unkn6wn to0sat this time 'warrant, we Will request additionaf cor project . for additional work beyond this estimate, This estimate will not be exceeded without Prior authorization i O f gn . mm the t are §u, bjectio rnodtllicatjbri by seller of Iny9fos . duei in abbordan be with I h lservices. Terms: Net 36.t6ys from 5 Ingent upon Buyer. being paid a7`7 titjerf mr nedi0ely of the name and . d P( iii 15 days of Buyer being paid. if this is tiot tfie. case then cause fe. ref(e i d pf. P revised payment schedule: approved. terms, WhOther for, of work and receipt of, InVbfce: for services; InfraM.60 Corp.. the: • "Thjrd Party". Bu yer will - receive paymentsfrbm-Bbyer reserves the right to modify: Late arge. A late payment sorviqe charge equal to' per month or the Maximum charge .11 lowed by 1ppilpablo jaw, whichever Is lower; shalt be asses oo on all amounts not paid When due. All 4or ,Oupts are net 3.0 days upless� specifically agreed upon in writing, gelinquency Collections; In the event Buyer falls fo pay for any. services when due, or should Buyers account become otherwise.. delinquent, or` in. in the event' - of bankruptcy .6 r insolvency; or in, the event of Buye� breach, . _ . . s . . , ch of this Agreement, :fhen in any such event Seller may at its option: (i) terminate any or all existing contracts; (ii) refuse to-ipe&rn services under this or any,9ther order;and.�..&, (III) avail itself of anyother fufther remedies av8ila6 to ii at iatw or Ill equity. Buyer og re.es to pay all qoO of c9liection, Including r0asohable attorney's fees. Presented by; Accepted: Authorized. Signature Date zg.,. rfa�'� t April 26, 2011 Mr. Rudy de la Torre Public Works Department City of South Miami 4795 SW 75t' Avenue South Miami, Florida 33155 Re: Proposed Sanitary Sewer Connection and Decomm ssioning of Existing Septic Tank for South Miami City Hall Dear Mr. de Is Torre: Kimley -Horn and Associates, Inc., (hereinafter referred to as "Consultant" or "KHA ") is pleased to submit this letter agreement to The City of South Miami (hereinafter referred to as "City" or the "Client') for professional consulting services relating to the above referenced project, as specifically described in the project understanding below. Except as specified berein, the terms of this agreement sball be in accordance with the "Professional Service Agi cement — Gener'al Engineering Services" (the "Agreement ") between the City of South Miami and Kimley- l-loin and Associates, Inc., as approved by the City Commission on March 17, 2009. Our project understanding, assumptions and scope of services are included below. PROJECT UNDERSTANDDVG 1) It is KHA's understanding'.that the City of South Miami (Client) wishes to decommission the septic system that currently serves the City Hall building, and connect that building to the existing public sanitary sewer system located near SW 61" Court, 2) As a cost - reduction measure, the City has directed KHA not to request a land survey of the project. KHA will instead prepare a site plan of existing conditions overlaid on recent Miami -Dade County aerials. As part of this scope of services, grade elevations and invert elevations will be recorded by a surveyor at the point where the sanitary lateral exits the building, and at the point of connection with the existing sanitary lateral inside the City Hall property. It is understood that the information provided will not be sufficient for use as the basis for preparation of a record as -built drawings. 3) It is understood that City forces will expose a portion of the existing sanitary lateral at the location where it exits the building in order for the IN TEL 305.673 2025 FAX 305,595 7760 Suit¢ 400 1221 RAQWl Avenue Miami, Florida 33737 Kimley -Horn Mr Rudy de la Tom, Api126, 2011, Pap2 of6 and Associates, Inc. surveyor to record the elevation of the pipe. 4) Since most of the work occurs within private property, existing utility records may not be available. KHA will request "best available" utility records for the project area. and incorporate these in the site plan, 5) KHA will not be responsible for construction delays or change orders if the contractor encounters unforeseen underground utilities in conflict with the proposed sanitary lateral. 6) The scope of services includes only one gravity sanitary lateral and connection. Design of sanitary lift stations is not included. 7) The scope of services assumes that all of the installation will be performed using conventional open trench method, Design of trenchless installations is not included 8) The scope of services assumes that the proposed lateral will connect to the existing sanitary lateral that runs along the north side of the Police Department, within City Hall property. Permitting through the Miami -Dade Water and Sewer Department (MDWASD) is not included. 9) Paving and/or roadway improvements other than, restoration (to match ..._.___existing) -of areas- disturbedby-tbe_sanitary- lateral- installation are not - - - - -- included 10) It is assumed that any coordination with the Police Department and other City departments regarding temporary impacts to driveways and parking will be handled by Public Works staff. 11) Coordination with utility owners /providers needed to relocate existing utilities in order to accommodate the proposed sanitary lateral is not included. SCOPE OF SERQCES Task 1.0 - Investigative Phase During this phase, K A will perform the following services: 1.01 Visit the site to take photographs, measurements and note existing conditions. 1.02 Coordinate with the surveyor to record grade/invert elevations at the connection points. 1.03 Based on the distances measured from available aerial photos, and from the surveyed elevations, determine if there is enough hydraulic head to allow a new gravity connection between the SE corner of the City Hall building and the existing lateral running east -west along the north side of the Police Department. Task 2.0 — Sanitary Sewer TV Inspection (Optional) In the event the surveyed elevations are not sufficient to determine whether or not a gravity,connection can be achieved, the following optional task may be performed to provide additional data, FP--JMM Klinley-Horn Mr. Rudy de la lone, Ap6126, 2011, Page 3 of 6 thj and Associates, Inc. 102 Perform a TV inspection of the existing sanitary lateral that runs east -west along the north side of the Police Department in order to locate the horizontal and vertical alignment of the lateral, and determine the point where it becomes deep onough to allow a gravity connection. 1.04 Based on the field- collected data, calculate whether connection of the City Had sanitary sewer to the existing sanitary lateral can be made by gravity. Task 3.0 — Construction Draivings 2.01 Prepare a project site plan overlaid on available aerial photos. 2.02 Contact Sunshine State One -Call of Florida to obtain a listing of utility companies that may own underground utilities in the area 2.03 Forward copies of the project site plan along with letter to corresponding utility owners/providers requesting available utility record (as- built) drawings. 2.04 Review any received utility as- builts for conflicts with the proposed sanitary lateral. 2.05 Prepare a project CAD base map using the site plan, received utility locations and field - collected data. 2.06 Prepare a preliminary alignment of the proposed sanitary lateral and forward PDF for client's review and discussion. 2.07 Based on preliminary alignment approved by the Client, prepare sanitary sewer construction drawings consisting of: Sheet Name No. Sheets Project Cover Sheet --------- --..._. _ .............. ---------- I General Notes and Specifications ........ _-- ,- ,_,.,_ „___I Sanitary Sewer Plan (profiles not included)_ i Total Sheets 3 The plan will also show the approximate location of the existing septic system and include notes regarding disconnection and decommissioning of the system Applicable specifications and details will be provided as notes on the plan_ This Signed and seated plans will be provided on I PVT' T' sheets. Sufficient sets will be provided for the regulatory process described in Task 4.0. Task 4.0 - Regulatory Assistance (Optional) Prepare and submit permit applications, plans and supporting documentation to the Client for signature and subsequent submittal to the following regulatory agencies: 4.02 If it.is determined that the, connection to the existing sanitary lateral within City property requires a Sanitary Sewage Capacity Certification (Allocation) Letter, KHA will prepare the allocation application/affidavit and submit to the Client for execution. The executed documents along with Mn Rudy do la Two, April 26, 2011, Page 4 of the Client's check for the fee amount will be submitted to the Miami -Dade DERM Wastewater Section.. It is assumed that no other wastewater permit is required front DERM. 4.03 Typically, the State of Florida Department of Health (FDOH) septic tank decommissioning permit application is prepared and submitted by the contractor hired to do the work If desired by the Client, KFIA can prepare and process this application through the FDOH. 4.04 City of South Miami Department of Public Works (if required) — Review of plan for work within City's right -of -way. Public Works permit to be obtained by Contractor. Task 5.0 — Limited Construction Phase Services During construction of the proposed sanitary lateral, KHA will provide the following services: 5.01 Attend one pre - construction meeting with Client and contractor.. Provide an agenda, sign -in sheet and record minutes. 5.02 Visit the site during construction to observe progress, take pbotos and provide site observation report. 5.03 Visit the site at substantial completion to prepare a punchlist of items found incomplete, defective/damaged, or not in accordance with the construction documents. 5.04 Visit the site for final inspection to confirm that all punchlist items have been addressed in accordance with the construction drawings. 5.05 Review as- builts prepared by the contractor's surveyor and provide Engineer's certification of completion. ADDITIONAL SERVICES Upon the Clicnt's authorization, we will provide any additional services that may be required beyond those described in Tasks 1.0 through 4.0 above. These services may include, but are not limited to such items as the following: Geotcchnical services Environmental services Preparation o£ CSI- format specifications, bid, or contract documents. Assistance during public bid and award process Attendance to meetings or hearings beyond those described in the tasks above Sanitary sewer connections other than as described in tasks 1.0 — 3.0 above • Design of sanitary sewage lift/pump stations or force mains Boundary and/or topographic surveys Kimley -Horn Mr Rudy do to Tone, Apti126, 2011, Page 5 ot'6 _,.. and Associates, Inc. TO BE PROVIDED BY CLIENT The following items are to be. provided to K14A by the Client: 1. City of South Miami drainage atlas and/or as- bunts 2. Permission to access the property SCHEDULE KHA will provide its services in order to meet the schedule mutually agreed to by the Client and the Consultant for the various elements of the project. FEE AND BILLING The consultant will accomplish the services outlined in the above Scope of Services for the lump sum fees shown in the tables below. If Additional Services are specifically requested by the Client in writing, KHA will provide a supplemental scope of services and fee to perform these services. Office expenses have been included within the lump sum amount and would include in- house duplicating, facsimile, local, mileage, telephone, postage, in -house blueprinting, word processing, and cellular telephone use. For other direct and reimbursable expenses, the City will pay the Consultant the direct costs as per Section 4.0, `Basis of Compensation", of the Agreement. Lump Sum Fees Task Description Lump Sum Fee 1.0 Investigative Phase ....... .... ................. ,..._ .......... ...................... $1,220.00 3.0 Construction Drawings, ....... ... .......... ......... ........ - $5,440.00 5.0 Limited Construction Phase Services...........__... ._..�$2 540 00 TOTALS $4,200.00 Optional Services Task Description Lump Sum Fee 2.0 Sanitary Sewer TV Inspection ............ .................... ..._................$880.00 40 Regulatory Assistance $172500 TOTALS $2,605.00 _. -, Klmley-Horn Mr. Rudy de la Troia, Ap�it 26,20J 1, Page 6 of6 and Associates, Inc. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions of the "Professional Service Agreement — General Engineering Services" (the "Agreement") between the City of South Miami (Client) and Kimley -Horn and Associates, Inc., (Consultant) as approved by the City Commission on March 17, 2009, which is hereby incorporated by reference. If you concur with the foregoing and wish to direct us to proceed with the aforementioned services, please issue a Work Authorization, Notice to Proceed or Purchase Order in writing to the consultant referencing this document as Exhibit "A ". Fees and time stated in this agreement are valid for sixty (60) days after the date of issuance by the consultant, I appreciate this opportunity to submit a letter agreement. Please contact Juan Jimenez at (305) 673 -2025 if you have any questions... Very truly yours, KIMLEY -HORN AND ASSOCIATES, JNC. Aaron E Buehler, PE im = P E Yice- President /Associate Project Manager /A,ssoaiate MAMt kuinglSwdi Mimi, City SeoPa10IM4 -12 Bus Shelters doe Oki talyN4 r April 14, 2011 Rudy De LaTorre City of South Miami 4795 S.W. 75th Avenue Miami, FL 33155 Re: City of South Miami — City Hall Septic Tank Removal & Sanitary Sewer Connection EAC Project No. 08024.SD01 -08 Dear Mr. De fa Torre: EAC Consulting, Inc, is pleased to submit this fee proposal (attached) to provide for the professional engineering services associated with the removaUdemolition of an existing septic tank currently serving a portion of City Hall in the City of South Miami. As we understand 4, the City wishes to connect to the public sanitary sewer system along the west side of the property within SW 61st Court. Scope of Work: Design Phase 1. The City shall provide EAC Consulting with a current topographic survey of the area of work. The area of work shall include all areas surrounding the existing City Hall building and the adjacent parking areas to the south. The survey shall include roadway centerline information, edge of pavement delineation, rights of way, easements, topographic elevations and all above - ground appurtenances. 2. Prepare detailed construction drawings at an acceptable scale (including, but not limited to, plan & profile drawings, demolition plans, pavement/surface restoration plans and construction details). FAC shall provide the construction documents in two separate deliverable phases (50% and 100 %) 3. Clearly define and specify the process /procedure for' the septic tank closure and removal /demolition. 4, Attend preliminary meeting with Miami -Dade Water and Sewer Department (M -D WASD) to discuss sanitary sewer connection within SW 61't Court. 5. Provide construction cost estimate at each deliverable. phase. 6. Provide technical specifications at 100 %, deliverable, phase. Permitting Phase: 1. Prepare and submit permit applications required for this project. It is anticipated that approval will be required from Miami -Dade WASD, Health Department and the City of South Miami Public Works Department Any other permitting (through traffic engineering, fire department local police, etc.) is specifically excluded from this scope of work and proposal. Bid Phase: 1. Prepare bid documents including project manual and bid plans. 2. Conduct pre -bid meeting (including preparation of pre -bid agenda). 3. Respond to bidders RFIs. 4. Prepare addenda, if necessary. 5. Review bids, bid tabulations review and issue recommendation of award assistance is specifically excluded from this scope of work and proposal. Construction Phase: 1. Attend preconstruction meeting. 2. Review construction schedule (to be provided by others). 3. Prepare preconstruction meeting minutes. 4. Review shop drawings and RFis, 5. Review and work orders. 6. Review and certify payments to contractor. 7. Perform interim inspections (maximum of two inspections). 8. Perform project closeout in accordance with Professional Services Agreement for General Engineering Services. 9, Issue punch -list (with attached photos), substantial completion and final completion. 10. Obtain and review As -built drawings. Submit certified As -built drawings by the Engineer of record to the City. 11. Obtain final certifications for the sewer connection and septic tank closure. 12. It is anticipated that no progress meetings will be required for this job, particularly because of its small size, As such, progress meetings are not included in this proposal. The proposed design will be done in accordance with the established guidelines and procedures utilized by the City of South Miami Public Works Department and the Miami -Dade WASD, EAC Consulting, Inc. shall provide construction documents, bidding assistance and construction inspection and administrative services in accordance with the Professional Services Agreement for General Engineering Services. Our Sump sum fee proposal for this scope of services is as follows: Task Fee 50% Construction Documents — plan & profile drawings, demolition plans, pavement/surface restoration plans, construction details, en Sneer's costestimate $4,825 100% Construction Document — finalize construction documents, final en Sneer's cost estimate technical specifications $3,985 _ Permitting $2,650 Bidding & Award assistance — refer to °Sid Phase" above r $1,325 Construction Support Services — (refer to "Construction Phase" above) Assumes construction duration of approximately 2 weeks. $2650 Reimbursables $750.00 _ Total Lump Sum Fee $'16,185 This proposal is based on our understanding of the requirements for engineering services as itemized under the anticipated tasks listed above. Accordingly, we reserve the right to modify this proposal due to any changes in scope. If the above fee proposal and the terms above are acceptable to you, please provide us with a work authorization so we may begin work. Sincerely, FAC Consulting, Inc egory Mendez, RE Senior Project Manager City of South Miami Authorization y 0li T'3{ PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this day of , 20_ by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and KIMLEY -HORN AND ASSOCIATES, INC., authorized to do business in the State of Florida, referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this agreement, the CITY agrees to employ the CONSULTANT for a period ending on December 31, 2011, and the CONSULTANT agrees to perform all professional services in connection with the WORK, as described herein, on a continuing basis in connection with projects where the basic construction costs does not exceed $1,000,000.00 or studies which do not exceed $50,000.00, herein after called the "SERVICES". SECTION 1 - GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, as defined in paragraph 22 for a project, for a portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services, for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The CITY reserves, at all times, the right to perform any and all engineering work in -house or with other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT, • The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. SECTION 2 - PROFESSIONAL SERVICES 2.1 General Engineering Services The professional services to be provided by the consultant are as follows: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and incidental landscaping. B. C. 91 F. drainage improvements, preparation of paving and drainage plan for municipal building and facilities. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. Environmental Engineering, to including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. Traffic engineering Services will include daily volume counts, data analysis, preparation of conceptual improvements plan, present reports and recommendations to stakeholders and preparation of final traffic engineering report. Other incidental services associated to the above items 2.2 Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional engineering services for any portion or a0 of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape Professional Services Agmement General rngincering services December 2008 Page 2 of 17 architectural or architectural CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2 ,,<l Phase I- Preliminary and Schematic Design. A. The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirements. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design. Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow -up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept:' G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to the Board at no additional cost to City. N. The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. Professional Services Agreaneni General Engineering Services December 2008 Page 3 of 17 The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if applicable). The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and. represent CONSULTANT'S best judgement as an experienced and qualified professional engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall not proceed with the next Phase until directed by the CITY. ' � Phase II — Study and Design Development: , A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design Development Documents, comprising the drawings, outline specifications and other documents to fix and describe the size and character of the entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY. D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the total allocated budget. A Notice to Proceed to Phase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III — Final Desiqn / Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications, • Professional Services Agreement General Engineering Services December 2008 Page 4 of 17 B. The Construction Documents shall be prepared in a manner that will assure clarity of linework, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: t. Non- drawing submittals in Microsoft Office format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. the 50% documents is received from the CITY. The CONSULTANT shall make all changes to documents. The 50% complete Check set shall be returned to the CITY. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the funds available, G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies each of Check Set of drawings, specifications, reports, programs, etc., without additional charge, for a final, review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph H if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall fumish to the CITY a minimum of 30 sets of drawings and specifications, for bidding purposes, unless instructed otherwise. Professional Services Agreement General Engineering Services December 2008 Page 5 of I7 J. The CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City, County, State or Federal) as necessary, to ascertain that the construction documents meet the necessary requirements to obtain all the necessary permits for construction. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the drawings and specifications as indicated above for bidding, and assist the CITY in obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall attend all pre -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct or change Bid Documents, C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification, CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1. approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. suspend or abandon the Project, or 5. exercise all options under the City Charter and State Law. NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re -bids, and awarding the re -bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest responsible bid is over 15% of the CONSULTANT estimate. Professional Services Agreement General Engineering services December 2008 Page 6 of 17 E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V — General Administration of the Construction Contract: A. The Construction Phase will begin with the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre - construction meetings D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this Agreement and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of. the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: Professional Services Agreement Genera( Engineering services December 2008 Page 7 of 17 1. an evaluation of the WORK for conformance with the contract documents upon substantial completion. 2. the results of any subsequent tests required by the contract documents. 1 minor deviations from the contract documents correctable prior to completion and acceptance of the project, H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized withoui- eoncurrence_with the CITY, J. The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others, and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project. A Punch List of any defects and discrepancies in the WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations and the specifications, and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean -up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. 2.2.6 Phase VI - Post Construction Administration Professional Services Agreement General Engineering Services December 2008 Page 8 of 17 A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by the CITY, outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record drawings updated based on information furnished by the Contractor such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee /warranties for correction. He shall assist the CITY with the administration of guarantee /warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3 -ring binder labeled "Close -out Documents" that will include as a minimum a copy of ® Certificates of completion As- Builts (1/2 size) ® Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable • Final release of liens • Final payment to contractor. Additional Professional Services Additional Services as listed below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this Agreement but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. Professional Services Agreement General Engineering Services pecember2008 Page 9 of 17 E. Services to investigate existing conditions (excluding utilities) or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the CITY. F. Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing all material, equipment and labor required for a Project. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORK, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. 1. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT._ (Majot. revisions -are , defined as- those- changing -the -Scope and - -- arrangement of spaces and /or scheme or any portion). J. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness in connection with any arbitration proceeding or legal proceeding in connection with a Project. L. Professional services required after approval by the CITY or the Contractor's Requisition for Final Payment, except as otherwise required under Basic Services. M. Preparing supporting data, drawings, and specifications as may be required for Change Orders affecting the scope of a Project provided the Changes are due to causes found by the CITY, to be beyond the control of the CONSULTANT. SECTION 3 - TIME FOR COMPLETION: The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the Agreement, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. • Professional Services Agreement General Engineering SoMm Deoomber2008 Page 10 of 17 SECTION 4 - BASIS OF COMPENSATION The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon agreement of a fee, the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue oral, authorization to the CONSULTANT, with the understanding that written confirmation will follow immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified under Section 2- Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon by the CITY and the CONSULTANT: B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following: Category Hourfy Rate Principal Project Manager Senior Engineer Engineer Construction Manager Construction Inspection Senior Draftsman/Technical /CADD Operator Draftsmen Data Processing / Clerical Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 - PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: 15% upon completion and approval of Phase I. 35% upon completion and approval of Phase II. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase lit. 75% upon 100% completion and approval of Phases III and IV. 90% upon completion of the Project and approval of all WORK Phase V). Professional Services Agreement General Engineering Services December 2008 Page 11 of 17 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative. The invoice shall contain the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Project Name b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) G. Percent of work completed. d. Amount earned. e. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. I, Invoice number and date. - 3. - -Upon request by the CITY the CONSULTANT- shall- provide the -- CITY- with - certified payroll data for the WORK reflecting salaries and hourly rates. SECTION 6 - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the Industry Arbitration Rules of the American Arbitration Association, SECTION 7 - OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete; all of the above data shall be delivered to the CITY. SECTION 8 - COURT APPEARANCES. CONFERENCES AND HEARINGS k Professional Services Agreenaot General Engineering Services December 2008 Page 12 of 17 Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compen- sation. SECTION 9 - NOTICES Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. SECTION 10 -AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to assignments that are on a time and cost basis. SECTION 11 — SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 -WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SECTION 13 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending December 31, 2011, although the actual completion of performance may extend Professional Services Agnement General L-ngineering Services Dcccmbcr 2008 Page 13 of 17 beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for an additional period of one year at the end of the initial period. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign immunity from awards of prejudgment interest. SECTION 17. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the performance of the CONSULTANTS professional services under this Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, which may result from actions or omissions of the CONSULTANT's actions, In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub - consultants, the registered professionals under this Agreement. , The CONSULTANT shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection with this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. Professional Services Agreement General Engineering Services December 2008 Page 14 of 17 B. Comprehensive general liability insurance with broad form endorsement, including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said policy or policies shall name CITY as additional insured and shall reflect Vie hold harmless provision contained herein. C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective Insurance that CITY may have. The CITY reserves the right to request a copy of the required policies for review. All policies shall contain a 11 severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies, qualified to do business under the laws of the State of Florida. The CONSULTANT shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this Agreement. SECTION 18 - AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. SECTION 19 - CODES ORDINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3)(a). SECTION 20 - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. • Professional Services Agcement General Engineering Services December 2008 Page 15 of 17 No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the City Commissioners, IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.205 -08 -12802 duly passed-and dadopted-by the- South Miami City Commission on December 2, 2008 ATTEST: CITY OF SOUTH MIAMI Maria Menendez, City Clerk W. Ajibola Balogun, City Manager ATTEST: CONSULTANT: STATE OF FLORIDA ) ss: Acknowledgement of City of South Miami COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of , 20 by W.Ajibola Balogun and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Notary Public, State of Florida Print name: Professional services Agreement General Engineering Services December 2008 Page 16 or 17 Commission No: STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUNTY OF DADE ) The foregoing instrument was acknowledged before me this_ Of CONSULTANT. He is personally known to me or has produced identification. APPROVED AS TO FORM & CONTENT Luis Figueredo, City Attorney Professional Services Agreement General Engineering Services December 2008 Page 17 of 17 day of _ , 20^ by , on behalf of the Notary Public, State of Florida Print name: Commission No: