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Res No 154-13-13972RESOLUTION NO.: 154-13-13972 A Resolution authorizing the City Manager to enter into a contract with EAC Consulting, Inc. for the Dorn Avenue Drainage Design Project, for an amount not to exceed $25,465 to be charged to Local Option Gas Trust Fund account number 112 - 1730 - 541 -6210. WHEREAS, pursuant to Florida Statute 287.055 for CCNA, EAC Consulting, Inc was one of the firms selected and ranked to provide professional engineering services; and WHEREAS, the City negotiated hourly rates with the firm and entered into a professional service agreement with EAC Consulting, Inc to perform engineering services for the City; and WHEREAS, the Mayor and City Commission wishes to provide for the design of a drainage system along Dorn Avenue; and WHEREAS, after negotiating with EAC Consulting, Inc on a cost to perform the design services, they submitted a proposal to perform the design of a drainage system for Dorn Avenue; and WHEREAS, the total expenditure to perform the drainage design for Dorn Avenue is for an amount not to exceed $25,465.00; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with EAC Consulting , Inc for the Dorn Avenue drainage design for an amount not to exceed $25,465.00. 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 authorized to enter into a contract with EAC Consulting, Inc. for the Dorn Avenue drainage design for an amount not to exceed $25,465.00. A copy of the contract is attached. Section 2: The expenditure shall be charged to the Local Option Gas Trust Fund account number 112 - 1730 - 541- 6210.which has a balance of $224,000. 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 take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of August , 2013. ATTEST: CITY C ER FA... Qn" .• COMMISSION VOTE: 5 -0 N Mayor Stoddard Yea Vice Mayor Liebman Yea Commissioner Newman Yea Commissioner Harris Yea Commissioner Welsh Yea City of South Miami South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT • INCORPORATED • 4795 SW 75th Avenue All- AmericaCily p o R ago P Miami, FL 33155 P Tel. (305) 663 -6350 Fax (305) 668 -7208 2001 TO: Steven Alexander, City Manager FROM: Jorge L. Vera, Capital Improvement Project Manager DATE: August 6, 2013 Resolution: A Resolution authorizing the City Manager to enter into a contract with EAC Consulting, Inc. for the Dorn Avenue Drainage Design Project, for an amount not to exceed $25,465 to be charged to Local Option Gas Trust Fund account number 112 - 1730 - 541 -6210. Background: In accordance with Florida Statute 287.055 "Consultants Competitive Negotiation Act ( "CCNA "), firms were selected and approved (Resolution 120 -13- 13938) to provide professional engineering services to the City. City staff negotiated hourly billing rates with the selected firms and entered into individual Professional Service Agreements ('PSA'). EAC Consulting, Inc. was one of the City Commission approved firms to perform civil engineering services for the City on future projects. This is the first project under the Civil engineering category and the firm was ranked #1 for this category. Per the PSA, a Civil Engineering consultant shall perform services that include analysis and design of distribution system improvements for storm water runoff, and water and sanitary sewer projects. The current drainage system along Dorn Avenue does not have the capacity to alleviate the reoccurring flooding problems in the area. In order to address the flooding issue, a new drainage system needs to be designed. The City requested a proposal from EAC Consulting, Inc. to perform an evaluation of the flooding problem in the area and design a system that will provide proper drainage for Dorn Avenue. City staff negotiated with EAC Consulting, Inc., the scope of work, cost and number of hours to perform the design services for the Dorn Avenue project. After reaching a consensus, EAC Consulting, Inc. submitted the attached proposal to the City for Commission approval in an amount not to exceed $25,465.00. Expense: Contract amount not to exceed $25,465.00. Account: The expenditure shall be charged to the Local Option Gas Trust Fund account number 112 - 1730 - 541- 6210.which has a balance of $224,000. Attachments: Proposed Resolution Contract Proposal/ Cost Estimate Professional Service Agreement approved consultant rates Resolution 120 -13 -13938 Sunbiz PROFESSIONAL SERVICE AGREEMENT General G t V I L'"e� - Services THIS AGREEMENT made and entered into this day of JWnei 2013 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida and EAC CONSULTING, INC. authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT ". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH MIAMI, through its City Manager, agrees to employ the CONSULTANT for a period ending on 01 CP and the CONSULTANT agrees to be available, continuing basis, to perform profes Tonal services in connection with project(s) where the basic estimated construction costs of each individual project does not exceed $2,000,000.00 or where the individual study does not exceed $200,000.00, herein after called the "SERVICES ". 1.0 General Provisions 1.1 The CONSULTANT may be awarded work and issued a Notice to Proceed to provide professional services for a project, for a portion of a project, or for discrete tasks on a project. 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 Manager, or his designee, hereinafter referred to as "CITY ". The City of South Miami 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 perform work on behalf of the City of South Miami, nor does it obligate the City of South Miami 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 of South Miami 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 the CONSULTANT'S presence is required. Page I of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 1.7 The CITY may 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. 2.0 Professional Services 2.1 General Services The professional services to be provided by the consultant may be one or more of the following, and include but not limited to: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and residential 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, including, site investigation and design needed to prepare remediation 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 Architectural Services to provide drawings and,specifications for new constructions.as well as additions and renovations; attend meetings with CITY staff and presentations to CITY Commission; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format. G. Landscape Architecture including providing drawings and specifications for landscape projects; site master planning, analysis and design, urban design plans /concept diagrams, open space planning, analysis and design; community planning, analysis and design; natural resource planning analysis and design; Parks design; renderings /modeling; provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette of plans in the requested format. H. Registered Surveying and Mapping Other incidental services associated to the above items. Page 2 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 2.2 Design & Construction - 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 services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co- ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi - professionally consulted project, 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. 2.2.1 Phase I- PreliminaQ� and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user 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, as defined by an individual purchase order for the specific work to be performed. 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 commission, committee, agency or board (hereinafter collectively referred to as "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. 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. Page 3 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 the CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional, familiar with the local construction industry and prices. ). 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 it shall not proceed with the next Phase until directed by the CITY in writing. 2.2.2 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 in writing. 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 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. The 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. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work, 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 Page 4 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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: I. Non - drawing submittals in Microsoft Office Word 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 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 further development until approval of the documents is received from the CITY in writing. The CONSULTANT shall make all changes to documents required by the CITY before proceeding further. A set of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. 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 project budget. G. Upon 1007o 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 the final draft of all 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 which would be normally required of any construction project (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 Board review (see 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 final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY drawings and specifications, without additional charge to the CITY for bidding purposes, unless instructed otherwise. 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. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. Page 5 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 as well as 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 its 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 constructor. . B. The CONSULTANT shall issue Addenda to the Construction Documents 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, the 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: I . 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, at additional compensation to the CONSULTANT, 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) and (3) 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. All construction contracts must be approved by the CITY Commission after the CITY awards the contract for commission approval. 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 City Commission approval of 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, Page 6 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 (as required by the negotiated scope of work) 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 asked to provide scope and fees for 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. 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, the CONSULTANT 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: I. 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 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 its reasonable opinion, the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it 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 Documents 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 Page 7 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) the Contract Documents shall not be authorized without concurrence with the CITY. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others, and initiate proposed change orders as required by its own observations or the requirement of the CITY. 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, the specifications and the other Contract Documents 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 Cl '11 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. B. The CONSULTANT shall furnish to the CITY, reproducible record (as- built) drawius 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 (1) 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. The CONSULTANT 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: e Certificates of completion o As- Builts (1/2 size) ® Test Results Daily construction inspection reports Progress meeting minutes Page 8 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) • 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 future facilities, systems and equipment, which are not intended to be constructed as part of a specific Project. 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. 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). 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. Page 9 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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. 3.0 Time for COMDletion 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. 4.0 Basis of Compensation The CONSUL TANT agrees to negotiate a "not to exceed" fee or a fixed sum, fee vor each of the WORK K 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. For reproduction of plans and specifications, beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT: 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 Hourly Rate Principal Project Manager $175 _ Senior Engineer $135 Engineer $110 Construction Manager $155 Construction Inspection $75 Senior Draftsman/Technical /CADD Operator $80 Draftsmen $70 Data Processing/ Clerical $60 *Hourly rates will include all wages, benefits, overhead and profit. Page 10 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised S K 4 -3 -13, G M 6- 18 -13) 5.0 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: 0 15% upon completion and approval of Phase 1. 0 35% upon completion and approval of Phase II. 0 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase 111. 0 75% upon 100% completion and approval of Phases III and IV. 0 90% upon completion of the Project and approval of all WORK Phase V). • 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 for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANT's lump sum negotiated), if applicable. • Percent of work completed. • Amount earned. • Amount previously billed. • Due this invoice. • Balance remaining. • Summary of work done this billing period. • Invoice number and date. • CONSULTANT's W -9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 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 judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Page I I of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 7.0 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 for any purpose, other than that intended by the terms and conditions of this AGREEMENT, and 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 under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances. Conferences and Hearings Nothing in this AGREEMENT 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 unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation 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 any time 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. 9.0 Notices Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CITY. Any notices, reports or other communications from the CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or its authorized representative. 10.0 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 (1) year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 11.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 12.0 Warrantv The CONSULTANT warrants that it 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 Page 12 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) shall have the right to annul this contract without liability. 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT 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 the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 14.0 Duration of AGREEMENT This AGREEMENT is for a time period of three (3) years, commencing upon approval and execution of AGREEMENT. This AGREEMENT shall remain in force until the actual completion of performance of a given project awarded to the CONSULTANT, or unless otherwise terminated by the CITY. 15.0 Renewal Option This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional period not to exceed a total contract period, including renewals, of one (1) year. 16.0 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 any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 17.0 Insurance and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance and Indemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 19.0 Codes. Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations 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 and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), Page 13 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) as required by the Request for Qualifications applicable to this AGREEMENT. 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state, and /or local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 Drug Free Workplace CONSULTANT shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this AGREEMENT by reference. 22.0 Independent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 23.0 Duties and Responsibilities CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 25.0 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. - -- No alteration,_ change, or modification of_ the _ terms of this AGREEMENT shall be valid unless made in_____ -. writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 Jury Trial CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 28.0 Rules of Interpretation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular Page 14 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 30.0 Non - Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 Equal Employment In accordance with Federal,. State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. 33.0 Governing Laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. 34.0 Effective Date This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third Party Beneficiary It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties .hereto, and that only the parties hereto shall have any rights hereunder. Page 15 of 3 I Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 36.0 Further Assurances The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force Maieure Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 40.0 Notices Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e -mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e -mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 5+, -V -epi 4i -e5eAsjDen- 6130 Sunset Dr. South Miami, FL 33143 Fax: _ 4 S - t ko3 r P3 E- mail: S kieyA Nt>eaXs> 6e)-Arn1P'm 1 VL-ero With copies by U.S. mail to: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341 -0584 E -mail: tpepe @southmiamifl.gov To CONSULTANT: IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set f herein. WITNESSES! — � /) CONSULTANT Signature: Name: Title: Page 16 of 31 Professional Service AGREEMENT Tpepe©I 2 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) AUTHENTICATION: OWNER: CITY Signature: Page 17 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) MIAMI Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub - consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 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 damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub - Contractor, or assigns, incident to arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub - Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONSULTANT, its agents, representatives, employees, Sub - Contractors, sub - contractors, or assigns. 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, Sub - Contractors, their agents or assigns. The CONSULTANT shall maintain during the term of this AGREEMENT the following insurance: - -- A. Professional Liability Insurance on a_ Florida approved_ form _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 or work performed by the CONSULTANT its agents, representatives, Sub - Contractors or assigns, or by any person employed or retained by him in connection with this AGREEMENT. This insurance shall be maintained for four years Insurance and Indemnification July 25, 2012 after completion of the construction and acceptance of any Project covered by this AGREEMENT. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form 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 and $2,000,000 aggregate, including: a. Personal Injury: $1,000,000; b. Medical Insurance $25,000 per person; Page 19 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) c. Property Damage: $500,000 each occurrence; d. Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. The CITY must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess /umbrella coverage. The CITY must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non - payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CITY. The CONSULTANT must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shall contain waiver of subrogation against the CITY where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that the CITY may have. The CITY reserves the right at any time 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. F. All of the above insurance required to be provided by the CONSULTANT is to be placed with BEST rated A -8 (A -VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONSULTANT shall furnish certified copies of all "Binders" or certificates of insurance to the CITY prior to the commencement of operations, which "Binders" or 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. CONSULTANT agrees to supply copies of certificates of insurance to the CITY verifying the above - mentioned insurance coverage. CONSULTANT agrees to list the CITY as an Additional Insured of the CONSULTANT's General liability insurance and shall provide the CITY quarterly reports concerning any and all claims. Page 20 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or polo contender. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length AGREEMENT, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1 )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] ✓Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees- members,_ or agents who are.active.in_the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE Page 24 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. fih j�� [signature) Sworn to and subscribed before me this 2 day of, 20 � _ Personally known or ��,�� Produced identification Notary Public - State of vc � My commissio xpires (Type of identification) F"Ay !u4 Nots Public State of Florida (Printed, typed or stamped commissioned name of notary public) �; My e E Pineda My Commission EE148697 f ode o Expires 02129/2016 Page 25 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) ATTACi° MENT #2 . "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such Prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noio contender to, any violation of Chapter 813 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. _Make a good_ faith. effort to continue. to maintain _a drug -free workplace_ through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. CONSULTANT's Signature: A-9Z Print Name: VkVIO aQQA Date: :l ,log , 9C-)V1 Page 26 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" Submitted this day of 20 The undersigned, as CONSULTANT, declares that the only persons interested in this AGREEMENT are named herein; that no other person has any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The CONSULTANT agrees if this response /submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the CITY, for the performance of all requirements to which the response /submission pertains. The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: The CONSULTANT further certifies that this response /submission complies with section 4(c) of the Charter of the City of South Miami, Florida. That, to the best of its knowledge and belief, no commissioner, Mayor or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, w -I rvi to which the response /submission pertains. Signature: Printed Name: _" LC—Aa- � e � D& Title: Telephone: Company Name: NOTARY PUBLIC: STATE OF YL-A &\ COUNTY OF�(S, Page 27 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) The foregoing instrument was acknowledged before me this :28 day of , Q - .20 by SEAL (name of person whose signature is being notarized) who is L- '''-Personally known or Personal identification ro,PjxY "4,,,�,� Notery Public State of Florida Ivonne E Pineda o My Commission EE148697 'F OF ndk Expires 02/29/2016 Page 28 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) Type of Identification Produced Did take an oath, or - Did Not take-an oath. ame o -f Nota(y Public: Print, Stamp type as commissioned.) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, f may Kj�NOy ) 01 It 1��. , (Name of CONSULTANT), hereby acknowledge and agree that as CON LTANT, as speci�d have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONSULTANT BY: LAvoaxeA Nam Title Page 29 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) fitness ATTACHMENT 45 "RELATED PARTY TRANSACTION VERIFICATION FORD" 4-,e- , individually and on behalf of� %lk� �fili'�q lire( "Firm ") [Nome of Representative] CCompanylVendorl8n6(yj have read the City of South Miami (CITY)'s Code of Ethics, Section 8A- I of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief. 1. Neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am (are) about to perform for, or to transact with, the CITY, and 2. Neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -I, who is an employee of the CITY or who is(are) an appointed or elected official of the CITY, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the CITY, and 3. Neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CITY or has a financial interest, direct or indirect, in any business being transacted with the CITY, or with any person or agency acting for the CITY, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be Signed under oath). 4. No elected and /or appointed official or employee of the City of Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and /or your Firm and the CITY other than the following individuals whose interest is set forth following their names: (use a separate sheet to supply additional information that will not fit on this line but.make reference _.. _. to the additional sheet which must be signed under oath). The names of all CITY employees and that of all elected and /or appointed CITY officials or board members, who own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in.the firm areas follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CITY, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. Page 30 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 6. 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the CITY or any person or agency acting for the CITY, and that we have not appeared in representation of any third party before any board, commission or agency of the CITY within the past two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). Neither 1 nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or Sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 7. No other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the CITY in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: , (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). I and the Firm agree that we are obligated to supplement this Verification Form and inform the CITY of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. 9. A violation of the CITY's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any AGREEMENT with the CITY, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the staternen d ereinabove are true and correct to the best of my knowledge, information and be' Signature: Print Name & Title: Date: ATTACHED: Sec. 8A -I - Conflict of interest and code of ethics ordinance. Page 31 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6-18-13) E ^ r' A Aw Nk EAC Consulting, Inc. REV. 01 June 27, 2013 Jorge Vera City of South Miami 4795 SW 751" Avenue South Miami, Ft_ 33155 Re: Dorn Avenue — Drainage Improvements -- Civil Engineering Services Fee Proposal Dear Mr. Vera: EAC Consulting, Inc. is pleased to submit this fee proposal to provide civil engineering design services for the desired drainage improvements along Dorn Avenue (SW 59' Avenue), from SW 72nd Street to SW 73`' Street in South Miami, FL. As we understand it, this roadway's drainage system is not capable of disposing the storm water run -off and requires replacement. The existing system is composed of two 4 inch wide trench drains on either side of the travel lanes between the parallel parking (ultimate discharge is unknown at this time). Proposed improvements will include new valley gutter to replace the existing trench drains and new drainage inlets with exfiltration trench along the valley gutter (as required). Scope of Work: Civil Engineering Design Phase: 1. Prepare detailed construction drawings at an acceptable scale (including, but not limited to, drainage system layout, storm water pollution prevention plans and applicable construction details). 2. Prepare technical specifications required for the project. 1 Prepare and submit all permit applications required for this project. It is anticipated that approval will be required from Miami -Dade RER and M -D PWD). A review by the City of South Miami Public Works Department will also be required. 4. Provide construction cost estimate. .5. Conduct (1) public workshop meeting to present design, if necessary. 6. Present design to City commission, if necessary. Bid Phase: 1. Prepare bid documents including project manual and bid plans (City to provide Division one — or "front end" documents). 2. Attend pre -bid meeting 3. Respond to bidders RFis. 4. Prepare addenda, if necessary. 5. Review bids, provide bid tabulations and issue recommendation of award (with attached review of financials, company docs, licenses, and verification of references). Construction Phase: 1. Attend preconstruction meeting and review construction schedule. 2. Review construction documents between City and contractor (bonds, insurances, etc.) 3. Prepare preconstruction meeting minutes. 4. Attend construction meetings as required. 5. Conduct inspections and provide written inspection reports with attached photos. 815 NW 57 Avenue. Suite 402 ( Miami, FL 33126 ( Phone: 305 -264 -2557 IF= 305. 264 -8363 I mumeacconsult.com I CA# 7011 6. Review /approve shop drawings and RFIs. 7. Review and certify payments to contractor. 8. Review test results. 9. Perform project closeout in accordance with Professional Services Agreement for General Engineering Services. 10. Issue punch -list (with attached photos) and final completion. 11. Obtain and review As -built drawings. Submit certified Record drawings by the Engineer of record to the City. The proposed design will be done in accordance with the established guidelines and procedures utilized by the City of South Miami Public Works Department, the Miami - Dade County Public Works Department (Traffic Division) and the Miami -Dade RER. 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 lump sum fee proposal for this scope of services is as follows: Civil Engineering Design Phase Fee _ Topo raphic Survey _ _ $1,350 Geotechnical Exploration Percolation tests $825 100% Construction Documents $11,040 - Permitting & Approvals $4,040 Bidding & Award assistance — refer to "Sid Phase" above $3,720 Construction Support Services — (refer to "Construction Phase" above) Assumes construction duration of approximately 2 weeks. $3,740 Reimbursables $750 Total Lump Sum Fee $25,465 1. Site Investigation and Reconnaissance. 2. Data Collection and Verification of As -built Conditions. 3. Layout/Geometry with tie -ins to established vertical and horizontal datum and monuments. 4. Demolition Plan, Notes and Details. 5. Drainage Design,: Plans and Details (as applicable) 6. SWPPP Notes and Applicable Details 7. On -site Utility Relocation and Demolition (as applicable only) 8. Technical Specifications 9. Probable Cost Estimate 10. Permitting /Approvals with local jurisdictional authorities including the following: . • Miami -Dade County RER • Miami -Dade County Public Works Department 11. Construction Support Services (includes: pre - construction meetings attendance, 2 scheduled site meetings, shop drawing reviews and submittals, RFI resolutions, 2 scheduled site inspections, punch - listing and record drawing certifications /construction close out services, pay requisition reviews) 12. Coordination Meetings The aforementioned scope of services assumes that: 1. If necessary, Soil contamination mitigation will be dealt with by others. EAC shall, at the request of the City, provide a separate fee proposal for such work as required. 815 NW 57 Avenue, Suite 402 t Miami, FL 33126 l Phone: 305 -264 -2557 [Fax: 305- 264 -8363 l www eacconsult.eom t CA# 7011 2. No Right of Way takes are required. 3. Subsurface utility exploration is not included. If required, EAC shall provide a separate fee proposal for such work. 4. Permit/Approval fees when required would be provided to EAC by the City. 5. Offsite infrastructure 'improvements, are not included as part of this base proposal unless specifically requested. 6. Project is a Single -Phase project. 7. Investigation and Design of offsite facilities and improvements is not included. 8. Bid and Award Support Services will be limited to resolution of inquiries or clarification of design intent to prospective bidders. 9. At the commencement of services, a project delivery schedule will be provided to EAC by the City. EAC must be notified promptly of any modifications to the schedule. 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 Gr ory Mendez, E enior Project Manager cc: File, Mike Adeife, P.E Ci*outh mi Aut horization - EAC Consulting, Inc. 815 NW 57 Avenue, Suite 402 1 Miami, FL 33126 !Phone: 305 -254 -2557 I Fax: 305.264 -8363 Iwww.eacoonsult.com I CA# 7011 CITY OF SOUTH MIAMI PROJECT NAME: Dom Avenue - Drainage Improvements PROJECT NUMBER: CIVIL tiEai TASK DESCRIPTION PRINCIPAL RATE $200.00 PROJECT MANAGER RATE $17500 ENGINEER RATE S110.00 SENIOR DRAPTSMANI TECHNICAL CAD OPERATOR RATE $80.00 DATA PROCESSING 1 CLERICAL RATE $60.00 TOTAL DOLLARS HOURS TOTAL HOURS TOTAL HOURS TOTAL HOURS TOTAL HOURS TOTAL 1 100% ConswctioR Documents 4 840.00 16 2,800,00 32 31-1320.00 40 3,200.00 12 720.00 14,040.00 2 Permitting 6l Approvals 0.00 8 1,400.00 16 1,760.00 8 640.00 4 240.00 4,040.00 3 Balding &Award Assistance 0.00 8 1,400.00 16 1,760.00 4 320.00 4 240.00 3,720.00 4 Donstruction Support Services 2 400.00 4 700.00 16 1,760.00 8 640.00 4 240.00 3,740.00 PROFESSIONAL SERVICES SUBTOTAL 22,540.00 REIMBURSABLES $750.00 SUBCONSULTANTS NELCO Testing, Inc. {Geotechnciei Eegineering) $825'00 Longitude Sunaors LLC (ropographic Surety) $1,350.00 PROFESSIONAL SERVICES 5U5TQTAL 25,465.UU Monday, June 24, 2013 Submitted to: Mr. Gregory A. Mendez, P.E., Project Manager EAC Consulting, Inc. 815 NW 57 Avenue, Suite 402 Miami, FL 33126 VIA EMAIL: gmendez @eocconsultcom SW 59 AVENUE.DOCX In reference to: Surveying services along Dorn Avenue /SW 59 Avenue between SW 72 Street and SW 73 Street located in the City of South Miami, FL as shown on Exhibit "A" Dear Mr. Mendez, In response to your request regarding a fee estimate for surveying services for the above referenced project, LONGITUDE SURVEYORS, LLC is pleased to submit the following proposal for your consideration. A. Scope of Services: I. Longitude will Perform a Topographic Survey. The limits of the survey will be along Dom /SW 59 Avenue from SW 72 Street to SW 73 Street, as shown on the attached Exhibit "A ". 2. The survey will include the following, but will not be limited to;. sidewalks, brick pavers, drains, planters, trees, parking meters, building facades, awnings, hedges, pavement, utilities, light poles, power poles, fences, driveways, catch basins, metal bollards, signs and all other aboveground improvements within the limits of the survey. 3. Cross section elevations will be taken approximately every fifty feet. 4. Finish floor elevations will be taken of each building. 5. All invert, pipe size, material and direction will be collected of all drainage structures. 6. R/W and property lines for the project area and adjacent properties will be included. 7. A graphical baseline will be created and included. 8. Control points will be set outside the limits of the survey. They will be set in locations that can be used by the contractor during future construction. 9. All control points will have Northing and Easting coordinates referenced to the Florida State Plane Coordinate System, based on the North American Datum of 1983/90. 10. All elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29). B. Deliverables: I. Longitude will provide original signed and sealed hard coples; along with a CD with corresponding electronic files. C. Protect area, length`Size and location: See attached Exhibit "A ", approximately 325 linear feet more or less. D. Schedule: Longitude has.estimated five business days to complete this project. E. Schedule of Fees: The total professional fee to complete this projects shall be a lump sum of: 1 I agree with the terms above and by signing below I APPROVE AND ACCEPT this proposal as a legal binding contract. By: Date: (AatM,Red Sgmture) Title:' {Typed"printed name) We look forward to using our best efforts on your behalf on this important project. Respectfully Yours, Eduardo M. Suarez, PSMIPresident A' LONGITUDE SURVEYORS 3900 NW 79th Avenue" Suite 601 • Doral, FL 33166 • ph: 305.463.0912 • fax: 305.513.5660 www.longitudesurvoyor6.com • LB7335 L An' f7- WIG 14";Ir '_" "_W MA --' - 'j-'N EARN ...... . . . . . . . . . . 7.0 , lt� W 1- —4-47 I'd a ON t ' AZ- �r �V� ZWPR.� z No 1, "01 tonF 4, ';rA LL -IF KTW"� i-x . ou f fi _Zioocs C�'a TAN n. . . . . . . . . . . . . . . . . . . . ... Y Letter of Proposal June 25, 2013 EAC Consulting, Inc. 815 NW 57ei Avenue, Suite 402 Miami, FL 33126 Attention: Mr. Gregory A. Mendez, P.E. Reference: Dorn Avenue Drainage lrnprovements SW 59`x' Avenue between 72'4 Street and 73`d Street City of south Miami, Florida Thank you for requesting a proposal for our services at the above referenced project. We hereby propose to perform the following: 2 Percolation Tests (per SFWMD "Usual Open Hole Test ") Q$250.00 each ---------------------- $ 500.00 Public Utility Location/Layout Coordination------------------------------- --- ---------- ---- ---- - -- - -- -$ 100.00 Restorations--- -- -------------------- -- --- — ---------- — ------ ---- ---------------------- -- --------------------- $ 75.00 Drill Rig /Equipment/Personnel Mobilization (Standard fee of $ 150.00 per day /per trip — estimated i day) -------------------------------- - - - - -$ 150.00 Total Amount------- •-- .- _____MM- ..__ -_ -._. — — _$ 825.00 Please note site is to be accessible for entry & performance of work. Any clearing necessary is to be performed by others. This proposal is based on site being accessible with truck - mounted drilling equipment. Net Pay: 30 Days Accepting VISA, Master Card, and American Express and Discover NOTE: Conducting the above referenced tests involves driving a. heavy truck- ntounled drill rig or fire mobilization of other hetnw drilling equipment (i.e. lei -pod) into the propero,, and drilling holes into the ground. We will not assone responsibility for damage to privately owned underground utilities (such as sprinklers, street lighting,.elc.), septic tanks or other underground structures which may resull from drilling activities or mobilization of drilling equipment if not Identifted prior to mobilization to the site. 9e will also not be responsible to damage of /own or soft ground which may resell from the use or movement of this equipment on the properly. 771e h forntalion contained in this document is intended to be used as a proposal of project speclfrc fees as requested, based on informatlon given and Intended for the explicit use o( the client. It shall remain confidential — disclosure of nnv kind to third parties for any purpose is strictly forbidden. Nelco Testing and Engineering Services, Inc. is pleased to assist you with this project. If you have any questions or need further assistance, please call us at (305} 259 -9779. ACCEPTANCE OF PROPOSAL Signature Respectfully. Submitted, Nelco Testing and Engineering Services, Inc. Ulysses Batista, President Date 13370 SW 131St Street, Suite 105, Miami, FL. 33186 (305) 259 -9779