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Res No 157-13-13975
RESOLUTION NO.: 157-13-13975 A Resolution authorizing the City Manager to enter into a contract with Marlin Engineering for the South & West Pinecrest Villas Neighborhoods Traff ic Calming Study for an amount not to exceed $39,780, to be charged to People's Transportation Tax Fund 124- 1730 -541- 6490. WHEREAS, pursuant to Florida Statute 287.055 "Consultants Competitive Negotiation Act" ('CCNA'), Marlin Engineering, 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 Marlin Engineering, Inc to perform engineering services for the City; and WHEREAS, the Mayor and City Commission wishes to provide for the traffic calming study for the South and West Pinecrest Villas Neighborhoods; and WHEREAS, after negotiating with Marlin Engineering, Inc. on a cost to perform the design services, they submitted a proposal to perform the traffic calming study for the South and West Pinecrest Villas Neighborhoods; and WHEREAS, the total expenditure to perform the traffic calming study for the South and West Pinecrest Villas Neighborhoods for an amount not to exceed $39,780; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to enter into a contract with Marlin Engineering for the traffic calming study for the South and West Pinecrest Villas Neighborhoods for an amount not to exceed $39,780. 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 Marlin Engineering for the traffic calming study for the South and West Pinecrest Villas Neighborhoods for an amount not to exceed $39,780. A copy of the contract is attached. Section 2: The expenditure shall be charged to the People's Transportation Tax Fund 124 -1730- 541 -6490, which has a balance of 744,000. 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. AT ST: CITY LE CCI APPROVED: / OIJ i)lI MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard Yea Vice Mayor Liebman Yea Commissioner Newman Yea Commissioner Harris Yea Commissioner Welsh Yea of sour South Miami -4 City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT AllAmericaciri • INCORPORATED • 4795 SW 75`" Avenue 1927 o CIO A Miami, FL 33155 Tel. (305) 663 -6350 Fax (305) 668 -7208 zoos 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 Marlin Engineering, Inc. for the South and West Pinecrest Villas Neighborhoods Traffic Calming Study for an amount not to exceed $39,780, to be charged to People's Transportation Tax Fund 124 - 1730 -541 -6490. 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'). Marlin Engineering Inc. was one of the City Commission approved firms to perform traffic engineering services for the City on future projects. This is the third project under the Traffic and Transportation category. On a rotating basis, Marlin Engineering, Inc. was ranked third in this category Per the PSA, a Traffic Engineering consultant shall perform services that include daily volume counts, data analysis preparation of conceptual improvements plan, recommendation and preparation of a final traffic engineering report. The neighborhood depicted as South Pinecrest Villas is bounded by SW 57 Avenue (Red Road) and SW 62 Ave between SW 80 Street and SW 87 Street, and the West Pinecrest Villas is between SW 60 Avenue and State Road 5 (US 1) north of SW 80 Street. These areas are having a magnitude of cut - through traffic. In order to address and implement traffic calming within these areas, a traffic study needs to be performed. The traffic calming study will reflect the traffic volume and speeds the neighborhoods and recommend the appropriate implementation of traffic calming measures such as speed tables and traffic circles. For location of neighborhoods, see Exhibit 1 "South Miami Traffic Calming Neighborhood" map. City staff negotiated with Marlin Engineering, Inc. the scope of work, cost and number of hours to perform the South and West Pinecrest Villas Neighborhoods Traffic Calming Study. After reaching a consensus, Marlin Engineering Inc. submitted the attached proposal to the City for Commission approval in an amount not to exceed $39,780. Expense: Contract amount not to exceed $39,780. Account: The expenditure shall be charged to the People's Transportation Tax Fund 124 - 1730 -541 -6490, which has a balance $744,000. Attachments: Proposed Resolution Contract Proposal /Cost Estimate Professional Service Agreement approved consultant rates Resolution 120 -13 -13938 Sunbiz Exhibit 1 PROFESSIONAL SERVICE AGREEMENT General 04'GV,- kN !Agervices THIS AGREEMENT made and entered into this T1 day of u►3 � , 20 1� by and between the CITY OF SOUTH MIAMI, apolitical subdivision of the State of Florida and AAA9(_Ji l 6450964.04n tr,c.. 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 ArOq CP 01(P , and the CONSULTANT agrees to be available, continuing basis, to perform profes ional 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 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 ail.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- Preliminary 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 meta 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. 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 it shall not proceed with the next Phase until directed by the CITY in writing. 2.2.2 Phase II — StudX 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, G M 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 III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The 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 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 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. I. 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 a minimum of 30 sets of 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 3 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 CI 1 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, 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 ..I.51_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, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY Page 6 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) to the extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C. The CONSULTANT shall attend pre- construction meetings. D. The CONSULTANT shall at all times have access to the project wherever it is in preparation or progress. E. The CONSULTANT shall visit the site at least weekly and at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK as set forth in this AGREEMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to.the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, 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. 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. Page 7 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 Contractors 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. B. The CONSULTANT shall furnish to the CITY, reproducible record (as- built) drawings updated based on information furnished by the Contractor; such drawings shall become the property of the.CITY. ... C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee /warranties for correction. 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. • Certificates of completion • As- Builts (1/2 size) • Test Results Daily construction inspection reports Progress meeting minutes Approved shop drawings Page 8 of 3 I Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) • 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). 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 Page 9 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 Completion The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination; stated in the said Notice to Proceed. A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 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 SCODe of such WORK Upon AGREEMENT of a 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 as possible. 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 Senior Engineer Engineer Construction Manager Construction Inspection Senior Draftsman/Technical /CADD Operator Draftsmen Data Processing/ Clerical Hourly rates will include all wages, benefits, overhead and profit. Page 10 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 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: • 15% upon completion and approval of Phase I. • 35% upon completion and approval of Phase II. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. • 75% upon 100% completion and approval of Phases III 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 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 and shall abide by the decision of 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 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 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 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 CI T Y 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 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 Warran 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 shall have the right to annul this contract without liability. Page 12 of 31 Professional Service AGREEMENT - Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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 (d) 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 (I 0)_ 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. Page 13 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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), 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 Rospgnsibilities 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 Page 14 of 3 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 u 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 Gies 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 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. Page 15 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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. 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 Majeure _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, �fet't K) - 6130 Sunset Dr. South Miami, FL 33143 Fax: 59 S - -34-1 -D6-6 4 Page 16 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) E -mail: �A�EX/�a�D�'(L� . s4o4?ri►tA-rtn1 1-71.,�' 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: 5ge 3euuA IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set forth herein. WITNES CONTRACTOR eZ Signatu Nan Tit OW Signa Execution A/` a,ia -6. �N � nt q � H E �?.�► nd t, � C�>t: � o t-h- i �D 11 l CE ?igrit064 -t' (,4Awtnr ! `5 M fV&-A- 0'0 ry 40'u 0"V 2.t t P4,.5 r-L°1 Avem E • O VS) 4-1.7 9 � Page 17 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) Attachment A Insurance and Indemnification Page 18 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) 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) Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page 21 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement under Section 287.1 33(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his /her /its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITY, and shall agree not to undertake any other private representation which might create a conflict of interest with the CITY. The CONSULTANT may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The CONSULTANT selected will be required to enter into a formal AGREEMENT with the CITY in a form satisfactory to the CITY, prior to the execution of which the CITY shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 22 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder is subject to the provisions of Chapter 1 12, Florida State Statutes. The CONSULTANT must disclose the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. lV16 P I. This sworn statement is submitted to l ..4i �F 5ala-rNt � 'At AA ��(print name of the public entity] bye �a Hc..�o�tm — l}tc 2irDe�7 [print individual's name and title] for MAt2LA -4 Gig fte,+0- C'tatNc� lac. [print name of entity submitting sworn whose business address is Z`91 Alw 11 & aOE and (if applicable) its federal Employer Identification Number (FEIN) is Cos,oz lck(ao i (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: G. S - D 1-1 43 (0 ® [ ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by Page 23 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 nolo 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. 6. 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 1, 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. I 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. jsignature Sworn to and subscribed before me this �� AN day of, 20 �� ✓Personally known or Produced identification Notary Public - State of i ce +i'iP,--5Icle 1-i My commission expires (Type of identification) y Ai ,�ti�n. Py�F. EU7ABETHGU2MAN (Printed, typed or stamped commissioned name of notary public) FAYCOMM :FebruaEE87201 �_ p•• � EXPIRES: February 17, 2017 ttr „f` BWed Thm "rY PubW Uix ewbrs Page 25 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) ATTACHMENT #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 nolo contender to, any violation of Chapter 893 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. 5. 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. PROPOSER's , Signature: Print Name:��j( Date: 1 2°6 1 S 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 0 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: ~� ,5Eti4le Ac.r11&/ *b J%C-C i .Cest06-S V L amp-• 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, work or service to which the response /submission pertains. \ Signature: Printed Name: At,Xb.45. t. �r Title: C_C $ IVEta.r Telephone: —>b g- '-11115 1 < Company Name: AAW&A L-A GrB�ena�tdaaa� kwc. NOTARY PUBLIC: STATE OF COUNTY OF 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 "'Li day of �� ®t 20 by S_ � (name of person whose signature is being notarized) who is +7 Personally known or Personal identification N �C'f icl 0& Type of Identification Produced SEAL Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) a'oti'r`Sry4%•:_ EUZABETH GUZMM o: MY COMMISSION 9 EE 815311 ;rsae EXPIRES: February 17, 2017 Fp t4d Bondeduru Notary PubGcunderwriters Page 28 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, ?V1AA -t4 &A!.toC_ -A'�(Name of Contractor), hereby acknowledge and agree that as CONSULTANT, as specified 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. CONTRACTOR BY: .5e"to. N,wie t cy- c t4—C Title Page 29 of 31 Professional Service AGREEMENT Tpepe©12 -31 -12 (Revised SK 4 -3 -13, GM 6- 18 -13) Witness ATTACHMENT #5 "RELATED (PARTY TRANSACTION VERIFICATION FORM" e A-424h Atf-GAISt' jr , individually and on behalf of # %--L4 &St4dM ( "Firm ") [Name of Representative] [CompanylVendoriEntity] have read the City of South Miami (CITY)'s Code of Ethics, Section 8A- I of the CITY's Code of Ordinances and 1 hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: I.. 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 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 -1, 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._tosupply 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 are 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). 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 3 0 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 I 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). 8. 1 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 1 am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: - L� G,S25Zo,,, o o \_ Print Name & Title: 54Z�L!54a )+A4 .5;h - Qtcjc_T S V&4,_r 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) MARLIN ENGINEERING, INC. City of South Miami RFQ: TRAFFIC & TRANSPORTATION ENGINEERING CONSULTANT DATE PREPARED: June 27, 2013 EMPLOYEE CATEGORY & CERTIFIED WAGE RATES PROFESSIONAL CATEGORY 2013 PROPOSED CONTRACT HOURLY RATE ($) BURDENED Principal $165.00 Project Manager $145.00 Senior Engineer $135.00 Engineer $125.00 Engineering Intern $110.00 °Senior Planner $125.0,0 Planner $110.00 GIS Specialist $80.00 Engineering Technician $80.00 Senior Draftsman /Technical/CADD Operator $110.00 Draftsman $80.00 Construction Manager $135.00 Construction Engineering Inspector $100.00 Senior Surveyor $150.00 Survey Technician $80.00 CADD Operator $90.00 Survey Crew: 3-Person $975.94 Survey Crew: 4- Person __ _ $1,200.96 Utility Locator $60.00 Utility Technician $55.00 SUE: 2- Person $890.00 SUE: 3- Person $950.00 113ata Processing /Clerical $50.00 I CERTIFY THAT THE ABOVE RATES ARE THOSE THAT WILL BE CHARGED UNDER THIS CONTRACT. SUBMITTED BY MARLIN ENGINEERING, INC. SERGIO ALFONSO, P.E. VICE PRESIDENT 11V ENGINEERIN4 July 1, 2013 Grizel Martinez City of South Miami Public Works and Engineering Department 4795 SW 75th Avenue Miami, FL 33155 RE: PROPOSAL FOR WEST AND SOUTH PINECREST VILLAS TRAFFIC CALMING STUDY Dear Ms. Martinez: Marlin Engineering, Inc. (MEI) is pleased to respond to your request for proposal on the above referenced project. 01111111239aL To maximize funding for the City of South Miami, the study will be broken up into two (2) phases, including: A. Phase 1 — Traffic Calming Study to develop Conceptual Improvement Plan B. Phase 2 — Design of Final Construction Plans and Technical Specifications, including obtaining necessary permits from MDPWD. Post Design Services, including preparation of bid documents and construction inspection services will also be included. The purpose of this study is to perform an area -wide traffic calming study in the neighborhood known as South Pinecrest Villas. The study area is bounded by SW 57 Avenue (Red Road) to the east, SR 5 (US 1) to the west, 74th Street to the north and the Snapper Creek Canal (C -2) to the south (See Figure 1). When performing any traffic calming, MEI's study goals are to: 1. To increase the quality of life; 2. Incorporate the preferences and requirements of the residents; 3. Create safe and attractive streets; and 4. Help to reduce the negative effects of motor vehicles on the environment; and promote pedestrian, bicycle and transit use. 2. SCOPE OF WORK FOR TRAFFIC ENGINEERING SERVICES: The study shall reflect traffic calming measures in an effort to reduce or eliminate cut - thru traffic and speeding within the neighborhood. Suggested traffic calming devices for which the traffic intrusion analysis will examine are listed, but not limited to: 2191 NW 97 Avenue Miami, Florida 33172-2313 Tel. (305) 477 -7575 Fax (305) 477 -7590 www.marilnengineering.com x 91 Ism j s ENGINEERI G t: Y • Speed humps and /or tables • Neckdowns • Traffic circles • Half closures • Full closures • Channelization • Chicanes • Chokers • Lane narrowing • Traffic medians • Diverters • Raised intersections A. Kick -Off Meeting MEl will meet with neiahborhood residents to provide the residents an opportunity to identify the existing traffic issues within the study area, to provide direction for the study's focus. B. Traffic Data Collection In addition to field reviews within the study area, MEI will collect and 24 -hour roadway volume counts and speed data to measure the existing traffic conditions at key locations within the study area. Note: A.M. and P.M. peak hour turning movement counts will not be included. C. Data Analysis ME[ will develop an area -wide conceptual improvement plan, encompassing the recommendations of the Pinecrest Villas Neighborhood Traffic Calming Study, January 2011 by others. This plan will then be presented at a "Follow -Up" neighborhood meeting to obtain consensus. 2191 NW 97 Avenue Miami, Florida 3 31 72 -2 31 3 Tel. (305) 477 -7575 Fax (305) 477 -7590 www. arginengineering.com ENGINEERINt E. Miami -Dade County Public Works Department (MDPWD) Coordination MEI will coordinate with Miami -Dade County Public Works Department (MDPWD) to obtain conceptual consensus of the improvement plan. F. Meetings /Commission Presentation MEI will perform one (1) presentation to the City Commission at the end of the study to summarize the results and recommendations. G. Report MEI will summarize the results of the study. Five (5) bound copies and one (1) unbound set of originals of the final report will be provided to the City of South Miami. H. Next Steps Following the procedures outlined in the Miami -Dade County Street Closure and Traffic Flow Modification Manual, MEI will begin Phase II of the traffic calming study to develop final signed and sealed construction plans and technical specifications for the approved traffic calming measures within the Conceptual Improvement Plan. Note: NEXT STEPS ARE NOT PART OF THIS PROPOSAL. An additional proposal for Phase II will be developed by MEI based on the recommendations of the Conceptual Improvement Plan. Permits for the final signed and sealed construction plans will be obtained in this phase. 3. CONTRACT SUM For the services performed under paragraph 2, the Client will pay the Engineer the lump sum fee of ($ 39,780.00) payable as follows. Any additional services will be negotiated as needed. 4. PAYMENTS Subsequent progress payments of the above lump sum fees shall apply and invoice monthly in proportion to the services performed. Should the client wish us to provide and /or negotiate with third parties, any of the aforementioned services or any other additional work not included in this proposal under the Scope of Work, we will provide it on a Time Charge plus Expenses basis, computed as the sum the following: • Approved Employee Category and Certified Wage Rates 0 Non -Salary expenses times a multiplier of 1.05 2191 NW 97 Avenue Miami, Florida 3 31 72 -2 31 3 Tel. (305) 477 -7575 Fax (305) 477 -7590 www.inarlinengineering.com {Teo- � F ENGINE ING Vii- L •" 'R'$�a.. Non -Salary expenses include such typical expenses as cost of: transportation and subsistence; toll telephone calls and telegraph; printing and reproduction; computer time and programming costs; identifiable supplies; subcontract services such as: surveys, subsurface investigation and testing by commercial laboratories. 5. CLIENT RESPONSIBILITIES Provide access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this proposal. Place at the disposal of the Engineer all available information pertinent to the project upon which the Engineer can rely, including previous reports and any other data related to the design and construction of the project. Designate a person to act as the Client's representative with respect to the work to he per for rl ied, such person to have complete alit' for i y tv trai 1W 1111. ii istr uctioi �s, receive information, interpret and define the Client's policies and decisions with respect to the work covered by this proposal. 6. SCHEDULE & DELIVERIES A "signed and sealed" Report documenting the results of the study will be submitted, as detailed in the scope of services. The Engineer has neither jurisdiction nor control over the regulatory agencies and their plans review process, therefore the Engineer shall not be liable for the delays created by said agencies. 7. ACCEPTANCE The return of an executed copy of this proposal would constitute our authorization to proceed. Very truly yours MARLIN ENGINEERING, INC. James E. Spinks III, PE, PTOE Vice President Planning Manager for South Florida .� 1-3 ACCEPTED Y: DATE: 2191 NW 97 Avenue Miami, Florida 33172-2313 Tel. (305( 477 -7575 Fax (305) 477 -7590 www.mairlinengineering.com MARLIN ENGINEERING, INC. MARLIN ENGINEERING, INC. MARI CONSULTANT SERVICES FOR CITY OF SOUTH MIAMI ENGIINEERIL South Miami Traffic Calming 719/2013 FEE PROPOSAL Task Activity Principal Project Senior Engineering Engineering GIS Specialist Clerical TOTAL Manager Engineer Intern Tech Rates $ 165.00 $ 145.00 $ 135.00 $ 110.00 $ 80.00 $ 80.00 $ 50.00 � gh g Neighborhood Meeting 4.01 4.0 1 4.0 4.0 1 18.0 r Sub -total Hours 2.0 4.0 4.0 4.0 4.0 18.0 Sub total Sala Cost $ 330.00 $ 580.00 $ 540.00 $ 440.00 $ $ $ 200.00 $ 2,090.00 � %, risffic Data "Collection '„ ,. , Field Review 4.0 16.0 16.0 36.0 Sub -total Hours 4.0 16.0 16.0 36.0 Sub totaIS ala Cost $ $ 580.00 $ 2,160.00 $ 1,760.00 $ $ $ $ 4,500.00 i pata"'Ana 1s , . ;. § x _ ..r Process Data Collection 2.0 4.0 40.0 46.0 Sub total Hours 2.0 4.0 40.0 46.0 Sub -total Salaa Cost $ $ 290.00 $ $ 440.00 $ 3,200.00 $ $ $ 3,930.00 a WON Lout Develop Plan 2.0 8.0 24.0 34.0 -A Follow -U Neighborhood Meeting 2 4.0 4.0 4.0 14.0 14 jai Sub -total Hours 2.0 6.0 12.0 - 24.0 4.0 48.0 Sub -total Sala Cost $ 330.00 $ 870.00 $ 1,620.00 $ $ $ 1,920.00 $ 200.00 $ 4,940.00 Present Plan for Approval 4.0 4.0 8.0 4.0 8.0 Sub total Hours 4.0 $ - Sub -total Salary Cost Is $ 580.00 $ 540.00 $ $ $ $ 1,120.00 Meeting 2 4.0 4.0 4.0 14.0 t Sub•totalHours 2.0 4.0 4.0 4.0 14.0 Sub -total Salary Cost $ 330.00 $ 580.00 $ 540.00 $ 440.00 $ $ $ $ 1,890.00 e �z Summarize Findings in Report Format 2.0 16.0 40.0 8.0 66.0 40.0 - `Sub -total Hours - 2.0 12.0 - 66.0 Sub -total Salary Cost $ $ 290.00 $ 1,620.00 $ 4,400.00 L x r i Marlin Engineering Total Hours 6.0 26.0 52.0 68.0 40.0 24.0 8.0 Marlin En ' eerin Sal Cost $ 990.00 $ 3 770.00 $ 7 020.00 $ 7,440%20 $ 3 200.00 $ 1920.00 $ 400.00 100.0 $ 24 780.00 a. Subtotal $ 24,780.00 a Direct Expenses ( *24 -Hour Volume and Speed Counts: 50 Locations $3001Location) $ 15,000.00 nth: MARLIN ENGINEERING COST FEE $ 39,780.00 " SUBCONSULTANTS COST FEE s • - Volume and speed count fee includes all necessary labor cost including, counters, hoses, and post processing of data Page 1 of 1 Professional Service Agreement Hourly Rates * FDOT loaded wages are the base FDOT wages, times a multiplier FDOT unloaded wages are based on the FDOT District 6 Consultant Wage Rate Averages Report (Taken from May 2012 -May 2013) EAC SRS TYLin Marlin Corradino R! Behar Stanley Sol -Arch unloaded FDOT Wages FDOT Loaded Wages Civil Civil, Structural Transp/ Traffic Transp/ Traffic Transp/ Traffic Civil, Envir. Envir., 5truct. Archit. Principal 200 205 165 1 165 192.3 195 233.04 143 N/A N/A Project Manager 175 125 150 145 150 171 "180.3 123.75 56.25 163.125 Senior Engineer 135 125 135 262.05 182 174 121.61 55.28 160.312 Engineer 110 95 110 125 115.41 85 135.15 75.53 34.33 99.557 Construction Manager 155 95 140 135 126 151 187.5 75.53 56.25 163.125 Construction Inspection 75 72 100 1 100 72.12 71 67.5 64.21 30.48 88.392 Senior Draftsman/ Technician/ CADD Operator 80 70 90 110 156.46 85 68.52 54.23 24.65 71.485 Data Processing/ Clerical 60 48 50 50 69.15 50 63 35.75 18.78 54.462 Architect 75.53 43.1 124.99 * FDOT loaded wages are the base FDOT wages, times a multiplier FDOT unloaded wages are based on the FDOT District 6 Consultant Wage Rate Averages Report (Taken from May 2012 -May 2013) RESOLUTION NO.: 120-13-13938 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA ", for the following professional services: Architecture, Landscape Architecture, Civil /Environmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering; and WHEREAS, on April 26, 2013 a request for qualification RFQ #PW- S2013 -04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty -three (33) firms; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the firms were ranked; and WHEREAS, the City selected a five (5) qualified firms for each category to provide the professional services to the City as follows; and Civil Environmental 1. EAC CONSULTING, INC 1. R.J BEHAR & COMPANY INC 2. CIVIL WORKS INC ENGINEERS, PLANNERS 3. A.D.A. ENGINEERING, INC 2. MILIAN SWAIN AND ASSOCIATES 4. SRS ENGINEERING, INC 3. STANLEY CONSULTANTS, INC 5. R.J BEHAR & COMPANY INC 4. BALJET ENVIRONMENTAL, INC. ENGINEERS, PLANNERS 5, LANGAN ENGINEERING Traffic & Transportation Structural 1. TY LIN INTERNATIONAUHJ ROSS 1. SRS ENGINEERING, INC 2. THE CORRADINO GROUP 2. G BATISTA & ASSOCIATES 3. MARLIN ENGINEERING 3. STANLEY CONSULTANTS, INC 4. C H PEREZ CONSULTING ENGINEERS, INC. Landscape 5. URS 1_ O'LEARY RICHARDS DESIGN & Architecture ASSOCIATES 1 MCHARRY ASSOCIATES 2. BERMELLO AJAMIL &PARTNERS 2 BERMELLO AJAMIL & PARTNERS 3. ROSENBERG GARDNER DESIGN 3 SOL -ARCH, INC 4. CURTIS + ROGERS DESIGN 4 R.E. CHISHOLM ARCHITECTS, INC STUDIO, INC 5 INDIGO SERVICE CORPORATION 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Commission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. 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 negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW- S2013 -04 in accordance with the procedure set forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act). Pg. 2 of Res. No. 120 -13 -13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. 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 4th day of June , 2013. T T: APPROVED 0cW.'10, 'E-PYCLERK MAYO RM COMMISSION VOTE: 5 -0 UTION Mayor Stoddard: Yea Vice Mayor Liebman Yea Commissioner Newman: Yea Commissioner Harris: yea Commissioner Welsh: yea '^ city of South .Miami PUBLIC WORKS °& ENGINEERING DEPARTMENT 47.95 SW 75ttrAVentle• Miami, FL 33935 Tel. (305), 663 =6350 Fax' (.30.5) 668448, Steven Alexander, City Manager FROM; .forge :L. Vera, Capital Improvement. Project Manager DATE. Juri.e 4, 2012 Resolution:. A Resolution: of the City of South Miami,: Flori6, ad#Ij'orizing,ti e °City: Matiager`to rfb. late hourly rates and . #o execute a professional service agreement proveded under ahe Florida Statute. 287.05.5: (Consu(tan.t °s... Comp.eti #ire .Nego #ia #ion,: Act) "GGNA ",_ for Architecture; Landscape .Afchitectate, Civil /Environme ntai Engineering,;: Trafflc::and: T ransportation Engineering professional services. Background: On April 26, 2013, the Ci - received :63: solicitations.:In. respori.se. for the request for qualifications.. RFQ #PW- S2013>0.4 for Ardhi }ec }ure,,. t aridseape Architecture, Civil /Envirpnmentai Engineering, Traffic a_rtd Tr6iipppqptib r n gineering professional .services: The 4n te..nt_ of the CCNA is to selec,# : professional. servlees .based; on #fte..gUalifcations of the firm_ withpjot mns_0ering the price of thole aarvirPg �rntii aftar :the firrrfs. Nava h? _n rankPCj: Ranking is based 'on qualifications and negotiations. have begun wlfh the tgp ranked firm:. Piofessiohal design services are defined:. under: this ::iaw;to:'include.:engineering, surveying & mapping, jandscape architecture, and. architocture. Numerous studies have shown that selection based on qualifications provides-the owner with optimum seryices;:wh :ereas selection based on low price only assures• the owner of the least expensive initial design or study cost, not necessarily the best or most:cost- effective over the life of the project.. Public agencies that: use. qualifications based selection. under. the CCNA. to procure:ehgineering services are better able to control construction costs and ach'ieve..a consistently high degree of project satisfaction than those using other procurement" methods. Therefore, the selection of firms will be based on qualifications and once firms are selected, then competitive negotiations for fees will occur: Further, the intent of the CCNA legislation has always been to preclude- price consideration" from entering into the selection process. The Florida Legislature clarified the statute in 1988 to state that an "agency may. request, accept, and consider proposals for the compensation to be paid under the contract only during the competitive negotiation." In accordance with Florida Statute 287.055 (Consultant's Competitive Negotiation Act) "CCNA ", the review committee ranked the firms within the categories of Architecture, Landscape Architecture, Civil /Environmental.Engineering, Traffic and Transportation Engineering. The top 5 firms for each category are listed below in order of their ranking. 4, R:` ha .n :Civil. 1: M=AC CONSUL. NG;:IRC ;2:; CIVIL WORKS -INC 3;. A:D.A. ENGINEERING; INC' 4 .SRS ENGINEERING; :INC: R`:J BI =HAK:& .COMPANY IN C_.ENGlNF_ER% PLANNERS: ?raffia &. Transpbrtatlon '1 7Y 1.1 INTERNATIONAL /H. J. FLOSS 2. ToR.GORRACSIN.CS;GROL MARLIN ENGINEERING 4; C <H.;PEREZ CONSULTING ENGINEERS,. iNG;„, S. URS '4 Environmental. R;J :BEHAR:& COMPANY`INC ENGI.NEERS,. PLANNERS 2;. OLD" N:S' W.*A N AND ASSOCIATES 3;. STANLEY .CON$Ut TANT$,'IN'O 4. BALJET'ENVI;R(QNMEtJI AL;;INC. 5. LANGAN`ENGINEERING Structaral. 1. "SRS EN:GINEF'R'.NG;:IIVC 2 :, G; BATISTA_& ASSOCIATES: V\11A "1 S: \'I !'�r\I:In /11 >-7"•n K1'T IAf/'� .J. .1 f:'�IVLI. =1 1.✓IJiYVt1 {. 1.t'11.'11'V, IIV.4.- Landscape: 1, OTEARY RICHARDS DESIGN. & ASSOCIATE =.S Z. BERMELLO A:JAfV1IL: &: PARTNERS 3: ROSENBERG GAR'DNER_DES16N 4. C.t,IRTIS +.ROGERS,QESIGN STUDIO; INC S. KI.MLEY HORN.& ASSOCIATES City staff -will be submitting, at a future regular Commission meeting, the completed Professional General Services Agreements for Commission approvaf. for each ranked firm, which will .include negotiated hourly rates. The execution of these Professional General Service agreements does hot commit the City to any maximum amount of fees nor guarantee any work. Upon selection of the firms, the City will negotiate. hourly rates that are acceptable to the City and within industry standards: Upon the City and firm negotiating a cost to perform the required scope of :a project, a resolution will be brought before the City Commission for approval of the: service agreement. Attachments; Proposed Resolution Evaluation selection sheet Standard professional service agreement RFQ #PW- PZ013 -04 Rank Bidder Points Civil Engineering 1V SK GM Total fY LIN INTERNATIONAL /1-1.1 ROSS 89 97 91 277 1 EAC CONSULTING, INC 90 97 89 276 2 CIVIL WORKS INC. 86 91 85 262 Bf- .RMELLO AJAIAIL & PARTNERS (NP) 85 88 81. 254 7HE CORRADINO GROUP 74 96 81 251 3 A.D.A. ENGINEERING, INC. 81 91 78 250 4 SRS ENGINEERING, INC 69 98 81 248 5 R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 79 98 71 248 MILIAN SWAIN AND ASSOCIATE=S 85 79 80 244 STANLEY CONSULTANTS, 111C. 71 90 71 232. CPH ENGINEERS 72 94 65 231. BALLET ENVIRONMENTAL, INC:. 71 85 71 227 LANGAN ENGINEEiRING 63 91 72 226 RODRIGUEZ & QUIROGA (NP) 70 82 73 225 FLORIDA TRANSPOR °FATION ENGINEERING FTL. 68 92 61 2.21 BUILDING TECHNOLOGY ASSOCIATES, INC. 50 84 53 187 Traffic & Transportation Enelneering Services IV SK GM Total 1 ITY LIN INTERNATIONAL /H1 ROSS 89 97 91 277 2 THE CORRADINO GROUP 87 96 83 266 CIVIL WORKS INC. (NP) 86 91 85 2.62 3 MARLIN ENGINEERING 83 98 77 258 RJ BEHAR.& COMPANY INC; ENGINEERS, PLANNERS 79 98 71 248 4 C H PEREZ CONSULTING ENGINEERS, INC. 75 99 73 247 5 IIRS 75 94 78 247 MC: MAHON TRANSP. ENGINEERS & PLANNERS 79 88 79 246 FLORIDA TRANSPORTATION ENGINEERING FIE. 72 94 77 243 STANLEY CONSULTANTS, INC:. 71 90 71 232 EIBC ENGINEERING COMPANY 66 89 72 227 CALrRAN E- NGINEERING GROUP 71 86 691 226 Architecture IV SK GM Total 1 MCHARRY ASSOCIATES 78 98 83 259 2 BERMELLO AJAMIL & PARTNERS 85 88 81 254 3 SOL -ARCH, INC. 75 95 79 249 4 R.E. CHISHOLM ARCHITECTS, INC. 77 90 67 234 5 INDIGO SERVICE CORPORATION 67 97 66 230 RODRIGUEZ 8t QUIROGA 70 82 '73 225 C11ALGUB, 11141C, 61 84 69 214 Environmental Engineering IV SK GM Total TY LIN IN TER.NATIONAL /EIJ ROSS- All Services 89 97 91 277 CIVIL WORKS INC. (NP) 86 91 85 262 THE CORRADINO GROUP (NP) 74 96 81 251 A.D.A. ENGINEERING, INC. 81 91 78 250 1 R.1 BEHAR& COMPANY INC ENGINEERS, PLANNERS 79 92 77 248 SRS ENGINEERING, INC 69 98 81 248 2 MILIAN SWAIN AND ASSOCIATES 85 79 80 244 3 STANLEY CONSULTANTS, INC. 71 90 71 232 4 BALLET ENVIRONMENTAL, INC. (NP) 71 85 71 227 5 LANGAN ENGINEERING NP 63 91 72 226 Structural Engineering IV GM SK Total TY LIN INTERNATIONAL /H.I ROSS - All sewices 89 97 91 277 [AC CONSULTING, INC (NP) 90 97 89 276 A.U.A. ENGINEERING, INC. 8:1. 91 78 2S0 1 SRS ENGINEERING, INC 69 98 81 248 2 G BATISTA & ASSOCIATES 78 89 70 237 3 STANLEY CONSULTANTS, INC. 71 90 71 232 BAUET ENVIRONMENTAL., INC. 71 85 71 227 Landscape Architecture IV SK GM Total 1-3-2 3 O'LEARY RICHARDS DESIGN & ASSOCIATES 85 87 86 258 BERMELLO AJAMIL & PARTNERS (NP) 85 38 81 254 ROSENBERG GARDNER DESIGN 76 97 81 254 4 CURTIS + ROGERS DESIGN STUDIO, INC 76 87 84 247 5 KIMLEY HORN & ASSOCIATES 75 97 68 240 DREDGING & MARINE CONSULTANTS 69 87 60 21G Key: Not a prime service Detail by Entity Name Page 1 of 2 Detail by Entity Name Florida Profit Corporation MARLIN ENGINEERING, INC. Filing Information Document Number S74791 650279601 08/21/1991 FL ACTIVE AMENDMENT AND NAME FEI /EIN Number Date Filed State Status Last Event CHANGE Event Date Filed 03/07/2011 NONE Event Effective Date Principal Address 2191 NW 97TH AVE MIAMI, FL 33172 -2313 Changed: 01/24/2011 Mailing Address 2191 NW 97TH AVE MIAMI, FL 33172 -2313 Changed: 01/24/2011 Registered Agent Name & Address SORIA, RAMON 2191 NW 97TH AVE MIAMI, FL 33172 -2313 Name Changed: 02/17/2003 Address Changed: 01/24/2011 Officer /Director Detail Name & Address Il[115321t01. SORIA, RAMON 2191 NW 97 AVENUE MIAMI, FL 33172 Title SVD ALFONSO, SERGIO JR 2191 NW 97 AVENUE MIAMI, FL 33172 Title SVD FLEITAS, LAZARO 2191 NW 97 AVENUE MIAMI, FL 33172 Annual Reports Report Year Filed Date mhtml:file:HZ:\Jorge's Work Polder \WEST AND SOUTH PINECREST VILLAS TRAM... 7/8/2013 Detail by Entity Name 2011 01/24/2011 2012 03/19/2012 2013 01/28/2013 Page 2 of 2 Copyright @ and Privacy Policies State of Florida, Department of State mhtrnl:file:HZ:\Jorge's Work Folder\WEST AND SOUTH PINECREST VILLAS TRAM... 7/8/2013 Document Images 'image 01/28/2013 --ANNUAL REPORT F'View in PDF format 03/19/2012 -- ANNUAL REPORT ............ ."i-mag - .. e in -11 PD - F .- format , " . I ..' View 06/21/2011 --ANNUAL REPORT ...... .. . . ............. ..... View image in PDF formal 03/07/2011 --Amendment and Name Change View image in PDF format-] 01/2412011 --ANNUAL REPORT . F for . View image in PD mat 10/28/2010 -- Amendment and Name Change View image in PDF format 03/0312010 --ANNUAL REPORT View image in PDF format 02/13/2009 --ANNUAL REPORT - 1. "I .. F format View image in PD _'] 03/10/2008 --ANNUAL REPORT View image in PDF forma 03123/2007 --ANNUAL REPORT ... . ....... View image in PDF format 01/17/200r,--ANNIIAI REPORT \/iP%Af IM-qrin in Pnp: format 02/23/2005 ANNUAL REPORT View image in PDF format 04/26/2004 ANNUAL REPORT View image in PDF format 02/17/2003 ANNUAL REPORT View Image i n PDF fo r m a t 02/26/2002 ANNUAL REPORT View image in PDF format ()4 1-4 -7 In f'l r% 4 A I/ I I le_uu I /_%1N1NQAL RF_Fn %() R - F View image in PDFF format 05/15/2000 ANNUAL REPORT ........ . . .. . ............ ...... .......... ... . ....... ......... View image in PDF format 05/05/1999 ANNUAL REPORT F-View �image in PDF format] 07/23/1998 ANNUAL REPORT View image in PDF format 04/14/1998 Misc. View image in PDF format 04/21/1997 ANNUAL REPORT View image in PDF format 06/06/1996 ANNUAL REPORT View image in PDF format 05/01/1995 ANNUAL REPORT View image in PDF format Copyright @ and Privacy Policies State of Florida, Department of State mhtrnl:file:HZ:\Jorge's Work Folder\WEST AND SOUTH PINECREST VILLAS TRAM... 7/8/2013 Exhibit 1 South Miami Traffic Calming Neighborhoods Prepared January 2013 Bird Estates City Road ,1 rR County Road m w State Road