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Res No 220-11-13534RESOLUTION NO.: 220-11-13534 A Resolution authorizing the City Manager to execute an engineering service agreement with TY Lin / HJ Ross in the amount of $24,650 for the Mango Terrace Traffic Calming Study to be charged to People's Transportation Plan Account Number 124 -1730 -541 -6490. WHEREAS, the Mayor and City Commission wishes to provide It is the City's intent to install traffic calming devices to the Mango Terrace neighborhood that is bounded by Sunset Drive (to the north), SW 80`" Street (to the south), SW 67` Avenue (to the east) and SW 691" Avenue (to the west). WHEREAS, pursuant to an evaluative process, it was determined that TY Lin International / HJ Ross submitted a proposal in the amount of $24,650.00 that is comprehensive and cost effective in its design approach. TrafTech Engineering Inc. and EAC Consulting Inc. submitted proposals of $27,500.00 and $29,905.00 respectively. WHEREAS, design activities include and are not limited to a Stakeholder kick -off meeting, traffic data collection, data analysis, conceptual improvement plan, commission presentation, report preparation and permitting coordination meetings with the County to expedite the implementation of the traffic calming plan. WHEREAS, The expenditure is to be charged to the People's Transportation Plan Account Number 124 - 1730 - 541 -6490 with an account balance of $707,750.00 before this request was made. WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute a professional service work order for TY Lin International / HJ Ross to conduct traffic studies and implementation of traffic calming devices for the Mango Terrace neighborhood. 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 an engineering service agreement with TY Lin International / HJ Ross for conducting traffic studies and implementation of traffic calming devices for the Mango Terrace neighborhood for an amount not to exceed $24,650.00. Section 2: The expenditure is to be charged to the People's Transportation Plan Account Number 124- 1730 -541 -6490 with a current account balance of $707,750.00 before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall become effective immediately upon adoption by vote of the City Commission PASSED AND ADOPTED this 6th day of December '2011. ATTEST: COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: absent Commissioner Beasley: Yea Commissioner Palmer: Yea Commissioner Harris: Yea iovr�� South Miami 04 dY F 's CITY OF SOUTH MIAMI 1I1 1a1 P oawo�.0 . OFFICE OF THE CITY MANAGER ��oaaroP INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the ity Commission Via: Hector Mirabile, Ph.D, City Manager From: Keith A, Ng, CFM, Operations Manag r Public Works & Engineering and Construction ' ision Date: November 14, 2011 Agenda Item No.: Subject: Approval of Professional Service Work Order for TY Lin / HJ Ross in accordance with the attached Professional Service Agreement (PSA) — General Engineering Services dated March 17th, 2009. Resolution: A resolution for the Mayor and City Commission of the City of South Miami. Florida, authorizing the City Manager to execute an engineering service agreement for the Mango Terrace Traffic Calming Project. Request: Authorizing the City Manager to execute an engineering service agreement with TY Lin / HJ Ross for the Mango Terrace Traffic Calming Project. Background: On July of 2008, a Traffic Study Report was submitted to Miami -Dade County's Public Works., Departmen# for fhe,approval to install traffic calming devices in the Mango Terrace_,,., neighborhood. On December 31, 2008, the County issued an approval letter to install traffic calming devices with the condition that the City must execute an intergovernmental agency agreement and 100% concurrence of the residents /property owners immediately adjacent to the proposed traffic calming devices and two - thirds (2/3) concurrence from the residents /property owners of the block(s) concurs with the installation of the devices. The Interlocal Agreement was approved by the Commission on June 2, 2009 and executed by the City Manager on July 27, 2009. Survey balloting activities were conducted throughout the month of July 2011. On August 3, 2011, responses were tallied and it was revealed to the residents that the traffic calming devices approved on 12/31/2008 did not receive the 2/3 concurrence needed to install the devices. The resident requests for alternative calming devices were proposed to the County's Public Works Department but were denied citing that an updated traffic study must be conducted to assess current conditions before any proposed traffic calming devices could be considered. At this juncture, the City reached out to numerous design firms to discuss the scope of work and submission of a fee proposal. Pursuant to an evaluative process, it was determined that TY Lin International / HJ Ross submitted a proposal that is comprehensive and cost effective in its design approach. Reason /Need: It is the City's intent to install traffic calming devices to the Mango Terrace neighborhood. Design activities include and are not limited to a Stakeholder kick -off meeting, traffic data collection, data analysis, conceptual improvement plan, commission presentation, report preparation and permitting coordination meetings with the County to expedite the implementation of the traffic calming plan. Cost: $24,650.00 Funding Source: The expenditure is to be charged to the People's Transportation Plan Account Number 124- 1730 -541 -6490 with an account balance of $707,750.00 before this request was made. Backup Documentation: ❑ Proposed Resolution ❑ Fee Proposals ❑ Resolution 103 -09 -12912 ❑ Prof. Service Agreement Gen. Engineering Services —March 17, 2009 )N 9 F R VA"°4FIONAL i HJ ROSS October 17, 2011 CITY OF SOUTH MIAMI NIEGHRORHOOD TRAFFIC CALMING STUDY PROPOSAL FOR ENGINEERING SERVICES PROJECT DESCRIPTION TYLIN International (TYLI) is pleased to submit this scope of work to the City of South Miami (Client) for transportation planning and traffic engineering services. The purpose of this study is to assess the magnitude of cut - through traffic in the neighborhood, which has been identified as a problem particularly when traffic accesses Ludlam Elementary School. We have developed a scope of services based on our understanding of your needs for transportation planning and traffic engineering services within the study area, which is bound by the CSX Railroad Corridor on the west, Ludlam Road (SW 67 "' Avenue) on the east, Davis Drive (SW 80'h Street) on the south, and Sunset Drive (SW 72 "' Street) on the north. Our proposed scope of services, schedule, and fee are as follows: TYLI will provide engineering services including final signed and sealed construction plans and technical specifications for the above project. This work will be performed in accordance with the Professional Service Agreement for General Engineering Services (AGREEMENT) dated January 2009 as amended herewith. 1L SCOPE OF PROFESSIONAL SERVICES The specific work scope tasks to be performed by CONSULTANT and its sub consultant are: Task A - Stakeholder Kick -Off Meeting A stakeholder kick -off meeting will be organized by the City with neighborhood residents. The purpose of this meeting will be to provide the residents an opportunity to identify the existing traffic issues within the study area, to provide direction for the study's focus. This meeting will be held in a City facility and, if necessary, any public notification will be performed by the City of South Miami. Task B - Data Collection Traffic data will be collected to measure the existing traffic conditions at key locations within the study area. The traffic data collection effort will include A.M. and P.M. peak hour turning movement counts and 24 -hour roadway volume counts. The counts will be collected when schools are in session the following data may be collected: 24 -Hour Daily Volume SW 72nd Street west of SW 68th Avenue SW 68" Court south of SW 72nd Street SW 68" Avenue north of SW 74th Street SW 74'" Street east of SW 68th Avenue SW 75'h Terrace east of SW 68th Avenue SW 76" Terrace east of SW 68th Avenue City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Page 1 Proposal for Engineering Services IYUNIN ERNARONAL � HJ ROSS SW 77" Terrace east of SW 68th Avenue SW 78t' Terrace east of SW 68th Avenue SW 69`" Avenue north of SW 80th Street SW 68`h Avenue north of SW 80th Street SW 801h Street east of SW 68th Avenue SW 67`h Avenue south of SW 74th Street A.M. and P M Peak Period Turning Movement Counts (TMC} SW 67`h Avenue at SW 72 "8 Street SW 681h Avenue at SW 72nd Street SW 67`h Avenue at SW 74th Street SW 67`h Avenue at SW 80th Street SW 68`h Avenue at SW 80th Street SW 69`h Avenue at SW 80th Street October 17, 2011 If additional locations for improvements are identified in the stakeholder kick -off meeting, additional traffic data collection may be necessary. Any additional traffic data collection will be considered an additional service and require additional fee. In addition to the above listed traffic data, a field review of the study area will be conducted to help identify operational issues related to cut - through traffic. Task C - Data Analysis Results from the data collection efforts will be summarized and evaluated to determine (1) the existing traffic conditions including the magnitude of cut - through traffic and such routes and (2) the future traffic conditions considering the proposed traffic management strategies developed in this study. Operational analyses, using a methodology consistent with the 2000 Highway Capacity Manual, will be performed at the six (6) intersections where turning movement count data is collected to assess the impacts of traffic flow modifications. Task D - Conceptual Improvement Plan Based on the outcome of the data collection and analysis, and input from City staff and neighborhood representatives, a neighborhood traffic management plan will be developed. A graphic will be prepared to illustrate the conceptual plan. Task E - Stakeholder Meeting /Commission Presentation One (1) stakeholder meeting will be conducted with the City staff and neighborhood stakeholders to present the results of data collection and analysis, and the conceptual improvement plan. This meeting will be organized by the City. Based on the outcome of this meeting, the conceptual plan may be refined. At the conclusion of the study, one (1) presentation will be made to the City Commission to summarize the results and recommendations. City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Page 2 Proposal for Engineering Services TYLININTERWIONAL I HJ ROSS Task F - Report October 17, 2011 A report will be prepared summarizing the data collection, data analysis, and proposed conceptual improvement plan; the report will also include summaries of the meetings conducted during the development of the neighborhood traffic management plan. The Consultant will update the report and analysis based on one (1) round of the Client's comments. Ten (10) bound copies and one (1) unbound set of originals of the final report will be provided. Task G- Miami -Dade County Public Works Coordination A maximum of two (2) meetings will be held with City staff and the Miami -Dade County Public Works Department to present the study methodology, findings, and recommendations. The purpose of these meetings will be to answer questions from the County staff to expedite the implementation of the proposed neighborhood traffic management plan. SUBCONSULTANTS Crossroads Engineering Data, Inc. 13284 SW 120th Street, Miami, FL 33186, a Sub - Consultant will assist in this project but limited to task II b, data collection. - SCHEDULE OF DELIVERABLES CONSULTANT will submit the following deliverables to the CITY: SCHEDULE OF DELIVERABLES Task No. Description of Deliverable or Drawing Name 1 Data Collection 2 Ten (10) draft copies of report 3 Ten (10) bound copies and one (1) unbound set of originals of the final report City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Page 3 Proposal for Engineering Services IV. SCHEDULE OF SERVICES October 17, 2011 CONSULTANT shall perform 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 I *) Task ## Task Name and /or Activity Description Duration work days Projected Start Date Projected Finish Date Task A Stakeholder Kick -Off Meeting Da 1 Y NTP + 2 WKS NTP +2 WKS+ 1 day TaskB Data Collection 10 Days NTP +2 WKS NTP +4 WKS TaskC Data Analysis . 15 Days NTP +4 WKS NTP +7WKS TaskE Conceptual Improvement Plan 5Days NTP +7 WKS NTP +8 WKS Task F Stakeholder Meeting /Commission Presentation 1 Day NTP +8 WKS NTP +8 WKS+ 1 day TaskG Report 10 Days NTP +10WKS NTP +13 WKS Task H Miami -Dade County Public Works Coordination 2 Days NTP +15 WKS NTP + 17 W I<S V. COMPENSATION CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum, Fixed fee of Twenty Four Thousand Six Hundred and fifty dollars dollars and 00 cents ($24,650.00). SUMMARY OF COMPENSATION Task ## Task Name and /or Activity Description Fee Amount Fee Basis Task A Stakeholder Kick -Off Meeting $960.00 Lump Sum, Fixed Task B Data Collection $960.00 Lump Sum, Fixed Task D Data Analysis $4,170.00 Lump Sum, Fixed Task E Conceptual Improvement Plan $3,600.00 Lump Sum, Fixed Task F Stakeholder Meeting /Commission Presentation $8,880.00 Lump Sum, Fixed Task G Report $960.00 Lump Sum, Fixed Task H Miami -Dade County Public Works Coordination $5,920.00 Lump Sum, Fixed Fotal = $24,650.00 Lump Sum, Fixed A ALLOWANCE FOR ADDITIONAL SERVICES Additional services not specifically described under "Scope of Professional Services" will be performed upon written approval, and will be billed at the hourly rates shown in Section 4 of the AGREEMENT. CONSULTANT may use the Allowance for Additional Services requested in writing by and at the discretion of the CITY. City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Page 4 Proposal for Engineering Services " ' ININTERNATIONAL., HJ ROSS October 17, 2011 VII. SERVICES NOT INCLUDED The following services are not Included in the Scope 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 identified in Paragraph 2.2.1 of the AGREEMENT. 3. Phase II services identified in Paragraph 2.2.2 of the AGREEMENT. 4. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT. 5. Surveying Services 6. Geotechnical Engineering services including subsurface explorations and /or testing. 7. Permitting Services other than those described above or payment of permit fees. VIII. INFORMATION TO BE PROVIDED BY THE CITY CITY agrees to provide, if available: 1. Previous area traffic studies. 2. Traffic calming construction plan 3. Traffic Calming Master Plan IX. PROJECT MANAGER CONSULTANT'S Project Manager f f t is Work Order assignment will be Francisco J. Alonso, P.E. Prepared by: 10 -18 -11 Francisco Alonso, PE Date Approved by: Mr. Keith A. Ng, CFM Date Public Works Asst. Director City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Page 5 Proposal for Engineering Services TY I ?NTERi+iMONAL. � HJ ROSS City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Proposal for Engineering Services O b O Q � b O V V A � � a 0 V A d x October 17, 2011 Page 6 O H x � N F O F P¢d _ U i C •V L I P 4 fi p O O O Op pp Oo S p O Op �O .y OP oO 0 C p 9 p N N I I! 9 k A o � o 1 a a S GE � y } N U N p N E G Y M« O Y 6 ry City of South Miami - Public Works Department Mango Terrace Traffic Calming Study Proposal for Engineering Services O b O Q � b O V V A � � a 0 V A d x October 17, 2011 Page 6 Traf Tee ENGINEERING, INC. November 2, 2011 Mr. Keith Ng Public Works Department City of South Miami 4795 S.W. 75'h Avenue Miami, Florida 33155 Re: Traffic Calming Improvement Plan — City of South Miami Dear Keith: 'Thank you for requesting a proposal from Traf Tech Engineering, Inc. The proposal is for professional traffic engineering consulting services to review and update the previously - completed Traffic Calming Improvement Plan prepared by Kimley -Horn and Associates, Inc. for the City of South Miami. Our proposed scope of services, schedule, and fees follows: SCOPE OF SERVICES Task 1— Review Previous Study Traf Tech Engineering, Inc. will review the previous Traffic Calming Improvement plan prepared by Kimley -Horn and Associates, Inc. for the area bounded by Sunset Drive on the north, SW 801h Street on the south, Ludlam Road on the east and SW 69`h Court on the west. We will review the traffic data collection, alternatives selected, and proposed recommendations. It is anticipated that one (I) meeting will be held with the City of South Miami. Task 2 — Update Traffic Calming Plan Using Previous Traffic Counts Traf Tech Engineering, Inc. will update the potential traffic calming recommendations for the study area. The new recommended improvements will be based on the previously- conducted traffic counts (volume counts and speed data). We will prepare a Technical Report documenting the results of the new updated plan for the study area. It is anticipated that up to four (4) meetings will be held as part of this task. These ieetings will be with the City of South Miami, the project team, and /or affected neighborhoods. Task 3 — Update Traffic Calming Plan Including Limited Data Collection Traf Tech Engineering, Inc. will update the potential traffic calming recommendations for the study area. The new recommended improvements will be based on the previously- conducted traffic counts (volume counts and speed data) and will be supplemented with limited data collection in order to validate the previous traffic counts recorded within the study area. We will prepare a Technical Report documenting the results of the new updated plan for the study area. It is anticipated that up to four (4) 8400 North University Drive, Suite 309, Tamarac, Florida 33322 Tel: (954) 582 -0988 Fax: (954) 582 -0989 E- mail: joaquiri traftech.b1z meetings will be held as part of this task. These meetings will be with the City of South Miami, the project team, and /or affected neighborhoods. Task 4 — Additional Services As requested and authorized by the client, we will conduct additional services, including meetings and additional traffic analyses requested by the City of South Miami and /or the project team not covered under Tasks 1 through 4. If a completely new Traffic Calming Improvement Plan (including new traffic counts) is to be conducted, a separate scope and fee estimate will be provided for this purpose. Schedule We will provide our services as expeditiously as possible to meet the schedule developed by you and mutually agreed upon for the various elements of the project. It is understood that Traf Tech Engineering, Inc. is not responsible for delays beyond our control. FEES AND BILLINGS Fees and Billings Based on the outlined scope of services we have projected the following fees associated with the project. Tasks 1 - Review Previous Traffic Calming Plan $1,500.00 (Lump Sum) Task 2 — Updated Plan Using Previous Counts $10,500.00 (Lump Sum) Task 3 — Updated Plan Including Limited Traffic Counts $1.5,500.00 (Lump Sum) Task — Additional Services (if authorized) hourly (if authorized) Pees are payable with billing monthly, based on percent complete for services performed on a lump -sum basis or hours billed for services performed for hourly -rate tasks. if you concur with the scope of services and fees presented in this proposal, please execute this agreement by signing below. We will begin services as soon as we receive an executed agreement. Please call me if you have any questions. Si�cerely, T F TECH EN J n Vargas, P or Transportatio. ) INC. Accepted S Title: Date: 4 , November 4, 2011 Keith Ng City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re, South Miami — Mango Terrace Traffic Study - Fee Proposal Dear Mr. Ng: EAC Consulting, Inc. is pleased to submit this fee proposal to The City of South Miami for traffic data collection activities and subsequent study /report for the Mango Terrace area. Scope of Services: EAC will provide the following tasks and the preparation of a Traffic Study for the proposed Study Area. The tasks shall include a field review, traffic data collection and data analysis. Although the study area has twenty -three (23) intersections and fourteen (14) internal roadway links, the traffic data collection and analysis will include 24 -Hour Automatic Traffic Recorder (ATR's) counts at five (5) links and Turning Movements Counts (TMC's) at twelve (12) intersections during the AM and PM peak hour as described in the Data Collection section. Moreover, an existing condition Level of Service (LOS) analysis will be determined for the roadway links and intersections described in the Data Collection section. In addition, an evaluation of the Miami -Dade County Traffic Flaw Modification /Street Closure — Stage 2 Procedure will be performed. This procedure will include only the portion identified as Pre - Implementation utilizing the principle traffic criterion of Excessive Traffic Volumes (i.e. Average Daily Traffic) and Cut - Through Traffic or Traffic Intrusion. Please note that other criteria such as Speeding, License Plate Survey (Origin- Destination Data), Pedestrian Volume or Traffic Accidents will not be included in this analysis and will be negotiated separately should the need arise. Based on the results obtained from above, appropriate traffic calming measures (i.e. traffic management strategies) will be evaluated for three benefits, treatments, applicability and location. Recommendations of Traffic Improvement measures will be made if appropriate for the location(s) identified within the study area. Furthermore, RGA wilt evaluate any traffic diversion or traffic redistribution data and analysis as a result of our recommendations (i.e. proposed condition). Pease note any temporary implementation of Traffic measures will require the approval of the Miami -Dade County Public Works Department. Lastly, a post - implementation analysis may be required after the temporary Traffic measures are implemented. Such a Study will be negotiated separately should the need arise. 815 NW 57 Avenue, Suite 402 1 Miami, FL 33126 1 Phone: 305 -264 -2557 1 Fax: 305- 264.8363 1 www.eacoonsultcom 0 CA # 7011 Data Collection EAC will collect 24 -Hour Automatic Traffic Recorder (ATR) at the following links: SW 69th Court — between SW 72nd Street and SW 75th Terrace SW 68th Court — between SW 72nd Street and SW 75th Terrace SW 68th Avenue -- between SW 72nd Street and SW 75th Terrace SW 68th Avenue — between SW 74th Street and SW 75th Terrace SW 74th Street — between SW 68th Avenue and SW 67th Avenue EAC will collect Turning Movement Counts (TMC's) during the AM (7:00- 9:OOAM) and PM (4:00- 6:OOPM) peak hour at the intersections as follows: SW 72nd Street & SW 69th Court SW 72nd Street & SW 68th Court SW 72nd Street & SW 68th Avenue SW 67th Avenue & SW 72nd Street SW 67th Avenue & SW 74th Street SW 67th Avenue & SW 75th Terrace SW 67th Avenue & SW 76th Terrace SW 67th Avenue & SW 77th Terrace SW 67th Avenue & SW 78th Terrace SW 67th Avenue & SW 80th Street SW 68th Avenue & SW 80th Street SW 69th Avenue & SW 80th Street The above data collection will be performed during school session but not during the school's PM peak hour. Additionally, the existing geometric roadway data and field conditions including but not limited to signal timing will be taken during the data collection phase. Deliverables / Meetings: EAC will deliver to the client ten (10) bond and one (1) unbound originally Signed and Seated Traffic Studies. In addition, this scope of service includes a Kick -Off Meeting with the neighborhood residents and one (1) Meeting with City Commission to summarize the results and recommendations. Please note a Conceptual Improvement Plan may be developed by the Civil Engineer consistent with the recommendations provided in the Traffic Study and will be reviewed as a part of this contract. However, the design of such a Plan is not part of this scope of service. Lastly, we will coordinate with Miami -Dade County and will address one round of comments that are within the scope of services provided herewith. Comments provided by Miami-,Dade County beyond the scope will be negotiated separately. EAC Consulting, Inc. shall provide professional Civil Engineering services in accordance with the Professional Services Agreement for General Engineering Services. Our lump sum fee proposal for this scope of services is as follows: Taste Fee Traffic Data Ccllection $18,720 Traffic Plannin , En ineerin & Re ort $10,585 Reimbursables $600 Total Lump Sum Fee $29,905 815 NW 57 Avenue, Suite 402 1Miami, FL33126 BPhone:305. 264.2557 Wax: 305 -264 -8363 twwweacconsultxarn @CA# 7011 The following information will be required for us to commence the work. 1. Signed approval of this proposal or written authorization to proceed with services, 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, EAC Consulting, Inc See gcry Mend , P.E nior Projecf Manager cc: File Mike Adeife, P. E. — EAC Consulting, Inc. City of South Miami Authorization 815 NW 57 Avenue, Suite 402 ! Miami, FL 33126 !Phone: 305- 264 -2557 e Fax: 305- 264 -8363 1wvvw.eacconsult.com ICA# 7011 M , November 4, 2011 Keith Ng City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: South Miami — Mango Terrace Traffic Study - Fee Proposal Dear Mr. Ng: EAC Consulting, Inc. is pleased to submit this fee proposal to The City of South Miami for traffic date collection activities and subsequent study /report for the Mango Terrace area. Scone of Services: EAC will provide the following tasks and the preparation of a Traffic Study for the proposed Study Area. The tasks shall include a field review, traffic data collection and data analysis. Although the study area has twenty -three (23) intersections and fourteen (14) internal roadway links, the traffic data collection and analysis will include 24 -Hour Automatic Traffic Recorder (ATR's) counts at five (5) links and Turning Movements Counts (TMC's) at twelve (12) intersections during the AM and PM peak hour as described in the Data Collection section. Moreover, an existing condition Level of Service (LOS) analysis will be determined for the roadway links and intersections described in the Data Collection section. In addition, an evaluation of the Miami -Dade County Traffic Flow Modification/Street Closure — Stage 2 Procedure will be performed. This procedure will include only the portion identified as Pre - implementation utilizing the principle traffic criterion of Excessive Traffic Volumes (i.e. Average Daily Traffic) and Cut - Through Traffic or Traffic. Intrusion. Please note that other criteria such as Speeding, License Plate Survey (Origin - Destination Data), Pedestrian Volume or Traffic Accidents will not be included in this analysis and will be negotiated separately should the need arise. Based on the results obtained from above, appropriate traffic calming measures (i.e. traffic management strategies) will be evaluated for three benefits, treatments, applicability and location. Recommendations of Traffic Improvement measures will be made if appropriate for the locations) identified within the study area. Furthermore, RGA will evaluate any traffic diversion or traffic redistribution data and analysis as a result of our recommendations (i.e. proposed condition). Pease note any temporary implementation of Traffic measures will require the approval of the Miami -Dade. County Public Works Department. Lastly, a post - implementation analysis may be required after the temporary Traffic measures are implemented. Such a Study will be negotiated separately should the need arise. 815 NW 57 Avenue, Suite 402 1 Miami, FL 33126 1 Phone: 305- 264 -2557 1 Fax: 305- 264 -8363 1 www.eacconsult.com 9 CA # 7011 Data Collection EAC will collect 24 -Hour Automatic Traffic Recorder (ATR) at the following links: SW 69th Court -- between SW 72nd Street and SW 75th Terrace SW 68th Court — between SW 72nd Street and SW 75th Terrace SW 68th Avenue — between SW 72nd Street and SW 75th Terrace SW 68th Avenue — between SW 74th Street and SW 75th Terrace SW 74th Street — between SW 68th Avenue and SW 67th Avenue EAC will collect Turning Movement Counts (TMC's) during PM (4:00- 6:OOPM) peak hour at the intersections as follows: SW 72nd Street & SW 69th Court SW 72nd Street & SW 68th Court SW 72nd Street & SW 68th Avenue SW 67th Avenue & SW 72nd Street SW 67th Avenue & SW 74th Street SW 67th Avenue & SW 75th Terrace SW 67th Avenue & SW 76th Terrace SW 67th Avenue & SW 77th Terrace SW 67th Avenue & SW 78th Terrace SW 67th Avenue & SW 80th Street SW 68th Avenue & SW 80th Street SW 69th Avenue & SW 80th Street The above data collectio n school's PM peak hour, conditions including but collection phase. Deliverables t Meetings: the AM (7:00- 9:OOAM) and will be performed during school session but not during the Additionally, the existing geometric roadway data and field not limited to signal timing will be taken . during the data EAC will deliver to the client ten (10) bond and one (1) unbound originally Signed and Sealed Traffic Studies. In addition, this scope of service includes a Kick -Off Meeting with the neighborhood residents and one (1) Meeting with City Commission to summarize the results and recommendations. Please note a Conceptual Improvement Plan may be developed by the Civil Engineer consistent with the recommendations provided in the Traffic Study and will be reviewed as a part of this contract. However, the design of such a Plan is not part of this scope of service. Lastly, we will coordinate with Miami -Dade County and will address one round of comments that are within the scope of services provided herewith. Comments provided by Miami -Dade County beyond the scope will be negotiated separately. EAC Consulting, Inc. shall provide professional Civil Engineering services in accordance with the Professional Services Agreement for General Engineering Services. Our lump sum fee proposal for this scope of services is as follows: Task Fee Traffic Data Collection $18,720 Traffic Planning, Engineering & Report $10,585 Reimbursables $600 Total Lump Sum l=ee $29,905 815 NW 57 Avenue, Suite 402 [Miami, FL 33126 &Phone: 305 -264 -2557 Wax: 305- 264 -8363 twNm%eacconsult.com @CA #7011 The following information will be required for us to commence the work. 1. Signed approval of this proposal or written authorization to proceed with services. 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, EAC Consulting, Inc r egc)ry E roject Manager City of South Miami Authorization cc: File Mike Adeife, P.E. — EAC Consulting, Inc. 815 NW 57 Avenue, Suite 402 Nami, FL 33126 I Phone:305-264-2557 I Fax: 305- 264.8363 Wweacconsult.00m ICA# 7011 RESOLUTION NO.; 103-09-12912 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI -DADE COUNTY TO PERFORM TRAFFIC ENGINEERING FUNCTIONS FOR THE CITY OF SOUTH MIAMI CITYWIDE SPEED LIMIT SIGNS AND SPECIFIC TRAFFIC CALMING IMPROVEMENTS WITHIN MANGO TERRACE NEIGHBORHOOD, BOUNDED BY SW 89TH AVENUE ON THE WEST, S.W. 67TH AVENUE (LUDLAM ROAD) ON THE EAST, S.W. 80TH STREET (DAVIS ROAD) ON THE SOUTH, AND S.W 72ND STREET (SUNSET DRIVE) ON THE NORTH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, traffic improvements to attain pedestrian friendly environment are vital to the fives of all residents ofthe City of South Miami; and WHEREAS, the City of South Miami Commission wishes to begin implementing the City's adopted Traffic Management Plan for the City of South Miami Mango Terrace neighborhood, bounded by S: W. 69th avenue on the west, S.W. 67th avenue (Ludlam road) on the east, S.W. 80th street (Davis road) on the south, and S.W. 72nd street (Sunset Drive) on the north; and WHEREAS, the City of South Miami has been presented with an Intergovernmental Agency Agreement with Miami -Dade County to Perform Traffic Engineering Functions for the City of South Miami Mango Terrace neighborhood, bounded by S.W. 69th avenue on the west, S.W. 67th avenue (Ludlam road) on the east, S.W. 80th street (Davis road) on the south, and S.W. 72nd street (Sunset Drive) on the north; and WHEREAS, the agreement identifies speed limit reduction signs citywide and lists traffic calming devices at certain locations specifically approved by Miami -Dade County for the City to install and maintain. NOW, THI=F'ORE, BE IT RESOI.VEDIORDAINED BY THE MAYOR AND CITY OF SOUTH NffANH COMIMSSION THAT: Section 1. The City Commission of the City of South Miami authorizes the City Manager to execute an Intergovernmental Agency Agreement with Miami -Dade County to Perform Traffic Engineering Functions for the City of South Miami Mango Terrace neighborhood, bounded by S.W. 69th Ave. on the west, S.W. 67th Ave. (Ludlam road) on the east, S.W. 80th St. (Davis Road) on the south, and S.W. 72nd St. (Sunset Drive) on the north. Section 2. The City Commission of the City of South Miami authorizes the City Manager to execute an hitergovemmental Agency Agreement with Miami -Dado County to Perform Traffic Engineering Functions for the Installation of 25 MPH speed signs citywide. Seetion 3. The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 2nd day of ,Tune , 2009. READ A OVER O FORM: CIT ORNEY APPROVED: "& c, J 3 OR Commission Vote: 4 -0 Mayor: Horace G. Feliu . Yea Vice Mayor: Brian D. Beasley Yea . Commissioner: Velma Palmer Yea Commissioner: Valerie Newman Yea INTERGOVERMENTAL AGENCY AGREEMENT TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS INTERGOVERNMENTAL AGENCY AGREEMENT TO PERFORM WFFIC ENGINEERING FUNCTIONS (AGREEMENT), made and entered into this day of 2009, by and between the City of South Miami, FLORIDA, a municipal cor oratf of the STATE OF FLORIDA, hereinafter referred to as the CITY and MIAMI -DARE COUNTY (COUNTY), a political subdivision of the STATE OF FLORIDA, MIAMI -DADE County, WITNESSETH WHEREAS, pursuant to Section 2 -96.1 of the Miami -Dade County Code, all traffic control and traffic engineering services in Miami -Dade County are under the exclusive jurisdiction of the COUNTY; and WHEREAS the CITY desires to assume the installation and maintenance responsibilities of certain traffic engineering functions pertaining to it's local municipal streets only; and WHEREAS, the COUNTY has determined that the CITY is both equipped and able to perform the traffic engineering functions as herein specified on its local streets; and WHEREAS the CITY has, by proper resolution attached hereto and by reference made a part hereof, authorized its officer to enter into this AGREEMENT. NOW THEREFORE, the CITY and the COUNTY agree as follows: 1. The recitals set forth above are incorporated herein by reference. 2. The CITY will only install and maintain the following designated types of traffic control devices and only on those local municipal streets operated and maintained by the CITY within its boundaries: List of Devices 25 mph Speed Limit Signs Citywide as shown in Exhibit "A" map as well as: o SW 67h Avenue at SW 74th Street, SW 75 Terrace, SW 760' Terrace, SW 771h Terrace and SW 781h Terrace o SW 61P Avenue at SW 75"' 'Terrace • SW 801h Street at SW 69h Avenue, SW 68th Avenue, and SW 67th Court • SW 690h Avenue and SW 751h Terrace • SW 72 Street at SW 68" Avenue and SW 68`h Court Per approved City of South Miami Mango Terrace neighborhood traffic management plan as shown in Figure No. 5.. 2. Traffic circles at SW 68th Avenue at the intersections of SW 75th Terrace and SW 78th Terrace (see Fig. No. 5) 3. Curb Extensions at the following intersections (see Fig. No. 5): • SW 6801 Avenue and SW 77th Terrace • SW 68th Court and SW 74th Street • SW 69'h Avenue and SW 75th Terrace o SW 69th Avenue and SW 77th Terrace 4. Textured Intersection at (see Fig. No. 5): o SW 68th Avenue and SW 76th Terrace o SW 69'h Avenue and SW 77th Terrace 5. Gateway Entry features at the following intersections (See Fig. No. 5): • SW 72 Street at SW 68th Avenue and SW 68h Court • SW 8001 Street at SW 690' Avenue and SW 68th Avenue • SW 67t4 Avenue at SW 74th Street, SW 75 Terrace, SW 76 "' Terrace, SW 77" Terrace and SW 781h Terrace 6. Forced Turn Island at the intersection of SW 67th Avenue and SW 74th Street (see Fig. No. 5) Traffic calming devices may be installed, on local municipal streets only after an appropriate traffic engineering study has been performed and sealed and signed plans have been submitted to the Public Works Department of the COUNTY for its review and approval. 3. The CITY shall attach a decal to the back of the sign panels indicating ownership and date of installation. 4. The CITY assumes sole and complete responsibility for the maintenance of all such traffic signs and traffic calming devices identified herein that are installed by the CITY within its boundaries. 5. The CITY assumes sole and complete liability for any accidents and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, and hereby indemnifies and saves harmless the COUNTY from any and all claims of negligence as a result of the installation, operation or maintenance of said sighs and traffic calming devices. 6. All traffic control devices installed by the CITY in accordance with this AGREEMENT shall conform to the applicable requirements established by the following publications: Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration (ANSI D6,le- 1989) including latest revisions. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami -Dade County Public Works Manual (available from the Public Works Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, Ft_ 33128) 7. For installation of traffic control devices, the CITY shall hire a COUNTY licensed contractor or perform the work in -house by the CITY Public Works crew. S. Should the CITY install street name signs at the same locations where a stop -top street name exists, then the CITY shall utilize the other corners of the intersection. Subsequently, the CITY shall remove the COUNTY'S stop -top street name signs by an approved sign contractor. All signs and hardware removed shall be dismantled and returned to the Traffic Signals and Signs Division of the COUNTY'S Public Works Department. 9, The CITY shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and when said records may be requested. 90. Failure to carry out any of the duties and responsibilities assumed herein by the CITY may result in termination of this AGREEMENT, at the sole discretion of the COUNTY. IN WITNESS WHEREOF, the CITY and the COUNTY have set their hands the day and year above written. Attest: MI. CLERK By Approved as to form anc legal sufficiency: s' tant County Attorney Attest: C,ty Clerk Approved nd Jegat sufficiency: y Attorney CITY OF SOUTH MIAMI By: ClT'1,3tx.lec` City Mana r� i, PROFESSIONAL SERVICE AGREEMENT General Engineering Services THIS AGREEMENT made and entered into this leday of�, 2009 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and T.X. LIN INTERNATIONAL I H.J. ROSS, 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 Set-vices, as defined in paragraph 2.2 for a project, for a, portion of the Basic Services, or for discrete tasks as specified in paragraphs 2.3 Additional Professional Set-vices, 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 famish 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 'Me CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. .7 Ttze CITY agrees to designate a representative who, on behalf of the City Manager s__a11 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. Drainage Design includes the necessary analysis needed to implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities.. C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, to including, site investigation and design needed to prepare remadiation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. 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. F, Other incidental services associated to the above items. 2,213a sle 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 all of the six Phases outlined below. The CONSULTANT agrees to co- ordinate his effort with that of any other engineering, landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK.. The lead CONSULTANT as designated by Professional services Agreement Ggncrai Hngineering services Docember2008 Page 2 of 17 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. 2.2.1 Phase I- Preliminary and Scheiatic 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 shalt consist of schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planting 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. H. TIte 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. I. 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 Professional Services Agresmera General Engineering services Deeember 2008 Page 3 of 17 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 CONSULTANTS best judgement as an experienced and qualified professionn"engiileer, 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. 2.2.2 Phase IL —Study and Desiptt 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 Constriction Cost exceeds the total allocated femds. 2.2.3 Phase III — Final Design / 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. B. The Construction Documents shall be prepared in a manner that will assure clarity of Iinework, notes, and dimensions, when the documents are reduced to 500/ri of their size. All • Professional Services Agreement General Engineering Stmiees December 2008 Page A or 17 drawings shall be on 24" x 36" paper ( "D" size), on file City's standard sheet format, unless . approved otherwise. C. All, construction documents shall be submitted in both "hard copy" and otectionic media in a mutually agreed upon electronic format, but generally as follows: I. Non - drawing submittals in Microsoft Office format. 2. .Drawings in AutoCAD format. 1 GIS files should be in AreView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase 111, 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 CONSULTANT shall not proceed with the fitrther development until approval of the 50% ocuments 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 Ole 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 Filial approval. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting fiom paragraph 1-1 if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100 ° /a complete Check set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding purposes, unless instructed otherwise. 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 Professional Services Agreement C,enerat Bngiaeerimig Services necember2008 Page 5 of 17 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, (lie 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 CPfY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. 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 sball 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. 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. 12.5 Phase V — General Administration of the Construction Contract: Professional Services Agreement General Engineering scrviees Dccomber 2008 Page 6 of 17 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 CONSUI..,TANT, as the representative of the CITY during the Construction Phasr,, 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 tite 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'ofthe oh =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 fairish 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 Ire shall recommend approval of (lie Certificate in such amounts. The recommendation or 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: 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. 3. minor deviations from the contract documents correctable pride to completion and acceptance of the project. PrAzionai Services Agreement General Pngineering services December 2008 Page 7 of 17 R The CONSULTANT shall have an atlhmative duty to recommend rejection of WORD, which hr 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 WORT{ 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. 1. 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 without concurrence 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 Puncb 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 Certificato 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 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. a 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 Professional Services Agreement General L•nSincering Services December 2008 Pege 8 of 17 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: + Certifiicatesofcompletion • As- Builts(1/2sizc) + 'Pest Results • Daily construction inspection reports + Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable + Final release of liens • Final payment to contractor. 2.3 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 fixture facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. K 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. 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 agreement General engineering Services December 2008 Page of 17 H. 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. 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. (Major revisions are . defined as those changing the Scope and arrangement of spaces and /or scheme or any portion). 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 tine 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. 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. Professional Services Agreement Generol Engineering Services December 2008 Page 10 or 17 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.. Cate of l-Iou� Principal $150 Project Manager $120 Senior Engineer $100 Engineer $ 90 Construction Manager $100 Construction Inspection $ 65 Senior Draftsman(Teehnieal/CADDOperator $ 75 Draftsmen $ 65 Data Processing l Clerical $ 50 Hourly rates will include all wages, benefits, overhead and profit. SECTION 5 - PAYAMNT AND PARTIAL LAYME NTS 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: I5% upon completion and approval of Phase 1. 35% upon completion and approval of Phase II. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100% completion and approval of Phascs Ul and IV. 90% upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A and E of Phase Vl. The CONSULTANT shall submit an original invoice to the City<s project representative. The invoice shall contain the following information: I. 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 forpayment shall include the following information: a. ProjeetName b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees) C. Percent of work completed. Professional Services Agreement Generni Engineering Services December 2008 Page 11 of 17 d, Amount earned. e. Amount previously billed. E 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 G - 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 ANT 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 - OWNERSIHP OE DOCUMENTS AEI 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 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 compensation. 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 Profmionat Services Agreement Czenemi Lrngineeriog Services December 2008 Page 12 of 17 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 WOIM 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 poison, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that lie 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 I4 - 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 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 hi 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 • Professional Services Agreement General Engineering Services necember2eoa Page 13 of 17 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. .SACTION 17.. I1`7AMRA.i'i`CE, 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 CONSULTANT'S 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 tinder 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 hisurance 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 acoeptabie. 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 shalt name CITY as additional insured and shall reflect the hold harmless provision contained hereiii. 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 "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. + professional Services Agreement Generd Engineering Services December 2008 Page 14 of 17 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 fu +nigh ceri'•.ficater of insurance to the CITY psior'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 team, 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 tinder this Section or under any other portion of this Agreement. SECTION I8 - 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 - EN'T'IRETY 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. 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, Prol'essianal Services Agreement General Engineering Services December 2008 Page 0 of 17 IN \AWNTESS )ATIEREOF, this Agreement is accepted on'the date first above Naa'itten subject to the teens and conditions set forth herein. Authority of Resolution No,205 -08 -12802 A.utbority of Res. `.No .'.39"09-12848 duly passed and adopted by the South duly passed and adopted by the So Miami City Commission on December 2, 2008 Miami City Commission on Mar 17, 2009 ATTEST: CITY OF SOUTH 3R4iAM1 Maria ATTEST. t'Lr- W-rt�a-\, - W. Ajibola Balogu T, City Manager CONSULTANT: J � r rN FLO]gA ) r ss: Acknowledgement of City of Se uth.M' iii COUNTY 6F DADL. ) The foregoing instrument was acknowledged before me this day of tk , 201 by W.Ajibola I3alogmr and Maria lvlenendez, City N48nager and City Clerk; respeeth ely of the CITY OF SOUTH IZAlyil, on behalf ofthe CJTY1 wh6 are personally knovvta to me. . Nota }° 1 lic, State of Florida Print nine: G �ii✓ -- ComuTissiai NmSBnws OF F h STATE EXPIRES: ONO6s ss: Acmowledgement of Consultant COUNTY OF DADE ) PYOfessionai Services AgreemcM General Engineering services 1)"oniber 2008 Page 16 of 17 Ais forego n instrument was acknowledged before ma this day of _ by �,��ioiuto of r as pr duce .! on behalf of the CONE .PANT, personalty lmowaa to n1e of j�as produce as identification. Nola wn �an� � APPROVED AS TO FORM & CONTENT Luis Fred , tty Attorney Professional SeMaes Agreement General Engineering SeMIM DemmW2008 Page 17 of 17 ��Notary Pp tia, State of Florida ,�� Print Name: ✓ f � �Z) Commission No.: