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Res. No. 137-00-11030RESOLUTION NO 137-00-11030 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AUTHORIZING A WORK ORDER FOR A TOTAL AMOUNT OF SI 1,250 TO CIVIL WORKS INC.,TO DEVELOP A TRAFFIC MITIGATION PLAN FOR THE MANOR LANE AREA AND A PRELIMINARY COST ESTIMATE CHARGE THE AMOUNT TO ACCOUNT NO.01-1620-524-3100,PROFESSIONAL SERVICES WHEREAS,the City Commission desirestodevelopatrafficmitigationplan for the Manor Lane area,and WHEREAS,Civil Works,Inc.,isone of thepre-selectedTraffic Engineering Services Consultants,and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section I:Thatthe City Commission approvedthefunding of SI 1.250forthe work to be performed underthis work order. Section2:ThattheattachedproposalforWorkOrder for Professional Servicesbemadea part of the resolution. Section 3:The total amount $11,250 will be drawn from the account number.01-1620-524- 3100,PROFESSIONAL SERVICES. PASSEDAND ADOPTED this 18th day of July ,2000 ATTEST:APPROVED:^ £iJ?* CITY CLERK /7 MAYOR Commission Vote:5-0 READ AND APPROVED AS TOFORM:Mayor Robaina:Yea ^--#^.^Vice Mayor Feliu:Yea *<*'*-.../•:-6--\/•*/•Commissioner Russell:Yea CITY ATTORNEY 'Commissioner Bethel:Yea Commissioner Wiscombe:Yea CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI,FL 33143 (305)663-6343 fax(305)663-6346 ORIGINAL M2169 PURCHASE ORDER = —Vendor Name CIVIL WORKS INC. Address City -v^Ship To Name CITY OF SOUTH MIAMI/CENTRAL SERVICES Address 6130 SUNSET DRIVE City Qty r r ST ZIP SOUTH MIAMI St FL ZIP 33143 Phone (305)663-6339 FAX305-667-7806 ITEM DESCRIPTION WORK ORDER TO DEVELOP TRAFFIC MITIGATION PLAN FOR THE MANOR LANE AREA AND A PRELIMINARY COST ESTIMATE. RESOLUTION #137-00-11030 <T-..v'--r-i i:\C.ij H f ?• Jk '-. 1. If"Payment NOV 14 2000 O Check ®Account No.001.1620.524.3100 O o Shipping Date Approval Notes/Remarks M2169 Date Order No Sales Rep Ship Via |Unit Price $11,250.00 SubTotal TOTAL 9/30/00 TOTAL $11,250.00 $11,250.00 $11,250.00 .*.*-..;•.•».wV ACORD.CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YY) 04/20/2001 producer (305)558-1101 Keen Battle Mead &Company 7850 Northwest 146 Street Suite 200 Miami Lakes,FL33016 FAX-(305)822-4722 insureo Civil Works Inc 3195 Ponce de Leon Blvd Miami,FL 33157 COVERAGES -THIS-CERTIFICAT&iS-ISSUED-ASA-MATrER-OF-JNFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE insurer a:Valley Forge Insurance Co INSURER B:Transcontinental Insurance Co INSURER C:Transportation InsuranceCo INSURER O:Continental Casualty Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. msR LTR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PH OCCURCLAIMSMADE GEN*L AGGREGATE LIMIT APPLIES PER: POLICY ||ject ||LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X OCCUR •CLAIMS MADE POLICY NUMBER 164088535 2049043549 164088535 DEDUCTIBLE RETENTION 10,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY OTHER.,......Professional Liability Claims Made Form rVC173728850 5FN113992843R POLICY EFFECTIVE DATE tMM/OO/YY) 10/14/1999 03/31/2001 10/14/1999 10/14/2000 02/25/2000 POLICYEXPIRATION DATE (MM/OO/YY) 10/14/2002 03/31/2002 10/14/2002 10/14/2001 02/25/2003 LIMITS EACH OCCURRENCE FIREDAMAGE(Any one tire) MED EXP(Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: EAACC EACH OCCURRENCE AGGREGATE v WC"STATU- A TORYLIMITS E.L EACH ACCIDENT AGG OTff ER E.L.DISEASE -EA EMPLOYEE E.L.DISEASE -POLICY LIMIT 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 500,000 500,000 500,000 $1,000,000 Each Occurrence $1,000,000 Annual Aggregare Deductible $1,000 Each Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of South Miami is Additional Insured with respect to General Liability regarding operations sf the insured. CERTIFICATE HOLDER |X|additional insured?insurer letter:A CANCELLATION The City of South Miami 6130 Sunset Drive South Miami,FL 33143 ACORD25-S(7/97) SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATETHEREOF,THEISSUING COMPANY WILLENDEAVORTOMAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Frank Gowin/LOIS ©ACORD CORPORATION 1988 SWORN STATEMENT PURSUANT TO SECTION 2S7.l33(3)(a) FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES AFFIDAVIT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. i.This sworn statement is submitted to The Cityof South Miami (print name ofthe public rarity) J. 4. by.Linda M.Bell,President (print individual's name and tide) for r-i aj i MocJlSh Tn^, (print name of entity iubmirtmg sworn Statement) whose business address is 3195 Ponce de Leon Blvd.,Suite 200 Coral Gables,FL33134 and (if applicable)its Federal Employer Identification Number (FEIN)is 65-0673629 (If the entity has no FEIN,include the Social Security Number of the individual sienine this sworn statement ~, I understand that a "public entity crime"as defined mParagraph 2S7.I33(l)(g)Florida Statutes means a:violation of any state or federal law by a person with rcsocct to and directly related to the transaction of business with any Dublic 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. I understand that "convicted"or "conviction"as defined in Paragraoh 237.133(l)(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 indictment or information after July 1.1939,as a result of a jurv verdict,nonjury trial,or entry ofa plea of guilty or nolo contendere. I understand that an "affiliate"as denned in Paragraph 2S7.l33(l)(a),Florida Statutes means: a.a predecessor or successor ofa person convicted ofa public entity crime;or b.an entity under the control of any natural person who is active in the management ot the entity and who has been convicted ofa public entity crime.The term "affiliate"1 includes those officers,directors,executives,partners,shareholders, employees,members,and agents who are active inthe management of an affiliate.The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall bea 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 ofa public entiry crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person"as defined in Paragraph 287.133(l)(e),Florida Statutes, means any natural person orentity organized under the laws of any state orofthe United States with the legal power to enter into a binding contract and which bids or applies 10 bid on contracts for the provision of goods or services let bya public entiry,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 entiry. Based on information and belief,the statement which I have marked below is true in relation to the entfty submitting this sworn statement,(indicate which statement applies.) _XXX 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 entiry has been charged with and convicted ofa public entity crime subsequent to July 1,1989. __The entiry 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 ennry crime subsequent to July 1,1989. —The entity,submirting 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 ofa public entiry crime subsequent to 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 IDENTIFIED IN PARAGRAPH I ABOVE IS FOR THAT PUBLIC ENTITYONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THATIAM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUTN PROVIDED IN SECTION 2s7.0l7,FLORIDA STATUTES FOR CATfaGORY TWO OF ANY CHANGEINTHEINFORMATION CONTAINED INTHISFORM. ^signature) Sworntoandsubscribed before me this21davof November XX 2000 My commission expires: Personally known )QC OR Produced identification Type of identification -EGdlfla'CSMiftinit.fi^iic oufr ohm tOidrnnjioc ••/.CfMsJw J^t*^ Notary Public,State of Florida OFFICIAL NOTARYSEAL • VAUGHN SCARES NOTARY PUBLIC STATEOFFLORIDA COMMISSION NO.CC775307 MYCOMMISSION EXP.SEPT143002• PROFESSIONAL SERVICE AGREEMENT Traffic Engineering Services THIS AGREEMENT made and entered into this <^l^*day of/fcifotfce»u20oo by and between the CITY OF SOUTH MIAMI,a political subdivision ofthe State of Florida,referred toasthe "CITY"and Civil Works,Inc.,aFloridaCorporationreferredtoasthe"CONSULTANT". In consideration of the premises and the mutual covenants contained in this agreement,the CITY agrees to employ the CONSULTANT for a period ending on September 30,2002,and the CONSULTANT agrees to perform all professional services in connection with the WORK,as described,for an aggregated sum of Not to Exceed $150,000 for the total duration ofthis agreement,upon the following terms and conditions;namely: SECTION 1-GENERAL PROVISIONS: 1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services,as defined in paragraph 2.2 for a project,for a portion of the Basic Services,or for discrete tasks as specified in paragraphs 2.3 Additional Professional Services,for the purpose of reviewing work performed by other professional consultants or for other miscellaneous engineering services that may berequired. 1.2 A Notice to Proceed willbe issued onanas needed basis at the sole discretion of the CITY. The CITY reserves,at all times,the right to perform any and all engineering work in-house or with other engineers.This Agreement does not confer on the CONSULTANT any exclusive rights to CITY WORK,nor does it obligate the CITY in any manner to guarantee WORK for the CONSULTANT.The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CITY outside of this agreement. 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the WORK,the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance ofa Notice to Proceed.No payment will be made for the CONSULTANT'S time and services in connection with the preparation ofany proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes,promptly after each meeting at which their presence isrequired. 1.7TheCITYagreestodesignatea representative who,onbehalfoftheCityManagershallexaminethe documentssubmittedbythe CONSULTANT andshallrender decisions promptly,toavoid unreasonabledelayintheprogress of theCONSULTANT'Sservices.The CONSULTANT shall keepthe CITY'S representativeadvisedontheprojectstatusatalltimes. 1.8 TheCITYagreestoissuealldirectivesand approval inwriting. SECTION 2-PROFESSIONAL SERVICES 2.1TrafficEngineeringServices The categories ofthe Traffic Engineering Services required generally include butarenot limited to thefollowing: A.TrafficCountsandReports. B.TrafficPlanningandSurveys. C.Comprehensive Transportation Analysis. D.SafetyAnalysis. E.ParkingStudies. F.Traffic Intrusion Studies/Neighborhood Traffic Control. G.Miscellaneous Related Services. 2.2 Basic Services The Basic Services,for design and construction,consist ofsix (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 Basis Services are authorized. Upon authorization to proceed from the CITY,the CONSULTANT agrees to provide complete professional engineering services for any portion or all of the six Phases outlined below.The CONSULTANT agrees to co-ordinate his effort with that of any other engineering,landscape architectural or architectural CONSULTANTS to assure a coordinated and complete WORK.The lead CONSULTANT as designated by the CITY shall prepare the final bid package including bid documents and specifications which shall be prepared by,and be the responsibility ofthe respective disciplines. 2.2.1 Phase I-Programming and Schematic Design: A.The CONSULTANT shall confer with representatives of the CITY and the using agency to determine the full scope of the Project that will meet the program requirements,and shall advise the CITY if,in the CONSULTANT'S opinion,the allocated funds are adequate to accomplish the program requirements. B.The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will bemet. Professional ServicesAgreement Traffic Engineering/CivilWorks,Inc. September 2000 Page2 of 15 C.The CONSULTANT shall prepare a Design ConceptandSchematic Report,comprising of the Project Timetable (Master Schedule),Planning Summary (unless advised otherwise), SchematicDesign Studies (unlessadvisedotherwise)as defined below,andthe Statement of Probable Construction Cost. D.The Proposed Project Timetable shall consist ofa 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 or the parts and the design concept of the whole.A simple perspective sketch,model or photograph thereof may be provided to further showthe design concept. G.The CONSULTANT shall present the Schematic design studies to the appropriate Boards for their approval whenthe project requires such approval. 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. I.The Statement of Probable Construction Cost shall include estimated cost of the Project including fixed equipment,professional fees,contingencies (if any),escalation factors adjusted to the estimated bid date,movable estimate (if any),and utility service extensions (if applicable).The CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgement as an experienced and qualified professional engineer,familiar with the local construction industry and prices. J-Tne CONSULTANT shall submit and present two (2)copies of all documents required under this Phase,without additional charge,for approval by the CITY and he shall not proceed with the next Phase until directed bv the CITY. 2.2.2 Phase II -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. Professional Services Agreement TrafficEngineering/CivilWorks,Inc. September 2000 Page3 of 15 B.TheDesignDevelopment Documents shall comprisethe Proposed ProjectTimetable (updated),Outline Specifications,Updated Statement of Probable Construction Cost,and Design Development Drawings,etc.,as required toclearly delineate the Project.Ifthe Updated Statement of Probable ConstructionCost exceeds the allocatedfunds,feasiblecost orscope reduction options shallbeincluded. C.The CONSULTANT shall submit and present two(2)sets of all documents required under this Phase,without additional charge,for approval bythe CITY andnotproceedwiththenext Phaseuntil directed by the CITY. D.The CONSULTANT shallatalltimesmonitorthe Probable Construction Coststomake certain theyremainwithinthe total allocated budget.ANoticeto Proceed to Phase III will notbeissued if thelateststatement of Probable ConstructionCostexceedsthetotalallocated funds. 2.2.3 Phase III -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 ofthe Contract,and Complete Drawings and Specifications.CONSULTANT shall use Construction Specifications Institute (CSI)Standards and the City of South Miami Standard forms for the preparation of the proposal (bid)forms,Instructions to Bidders, conditions of Contract and Specifications.The CONSULTANT shall review all existing City Specifications,for completeness prior to use and shall supply all needed additional specifications. B.The Construction Documents shall be prepared in a manner that will assure clarity of linework,notes,and dimensions,whenthe documents are reduced to50%of theirsize.All drawings shall be on 24"x 36"paper ("D"size),on the City's standard sheet format,unless approved otherwise. C.All construction documents shall be submitted in both "hard copy"and electronic media in a mutually agreed upon electronic format,but generally as follows: 1.Non-drawingsubmittalsinMicrosoftOffice formats. 2.Drawingsin AutoCAD format. 3.GIS files should bein 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. Professional Services Agreement TrafficEngineering/CivilWorks,Inc. September 2000 Page4 of 15 E.TheCONSULTANT shall not proceed withthe further development until approval of the 50%documentsisreceived from theCITY.The CONSULTANT shall makeallchangesto documents.The50%completeCheckSetshallbereturnedtothe CITY. F.ANoticetoProceedforthecompletion of Phase III willnotbeissued if thelatestStatement of Probable ConstructionCostexceedsthetotalallocated funds,unlessthe CITY increases the total allocated funds ortheCONSULTANT and theCITY agrees onmethods of cost reductions sufficient to enable construction within the funds available. G.Upon 100%completion of theConstruction Documents,the CONSULTANT shall submit to the CITYa final,updated Statement of Probable Construction Cost along with two (2)copies each ofCheckSet of drawings,specifications,reports,programs,etc.,without additional charge,for a final reviewand comments or approvals. H.The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards (such as Environmental Review Board,Historical Preservation Board etc.)for the final approval. I.The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from paragraph Hifthe changes or additions donot alter the scope of the project as determined under paragraph 2.2.1 A.The 100%complete Check Set shall be returned to the CITY.Upon final approval bytheCITYthe CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings and specifications,for bidding purposes,unless instructedotherwise. J.TheCONSULTANT shall arrange for "dry runs"and/or make final submissions to appropriate authorities as necessary,to ascertain thatthe construction documents meetthe necessary requirements to obtain all the necessary permits for construction. 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,theCONSULTANT shall furnish the drawings and specifications as indicated above for bidding,and assist the CITY in obtaining bids and awarding and preparing construction contracts.The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally,evaluate and issue a recommendation tothe CITY. B.Ifthe lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1.approve the increase in Project Cost and award a construction contract or, 2.reject all bids and rebid the Project within a reasonable time with no change in the Project,or 3.direct the CONSULTANT to revise the Project scope or quality,or both,as approved bytheCITY and rebid the Project,or 4.suspend or abandon the Project,or •Professional ServicesAgreement TrafficEngineering/CivilWorks,Inc. September 2000 Page5 of 15 5.exercisealloptionsundertheCityCharterandStateLaw. NOTE:Underitem(2)above,the CONSULTANT shall,without additionalcompensation,assistthe CITY inobtainingre-bids,andawardingthere-bid of theproject.Underitem(3)above,the CONSULTANT shall,without additional compensation,modify theConstruction Documents as necessarytobringtheProbableConstructionCost within theTotal Allocated Funds,when the lowest responsiblebidis over 15%of the CONSULTANT estimate. 2.2.5 Phase V-Administration of the Construction Contract: A.TheConstructionPhasewillbeginwiththeaward of theConstructionContractandwillend whenthe Contractor's final Payment Certificate is approved and paid bythe CITY. B.The CONSULTANT,asthe representative of theCITY during the Construction Phase,shall advise and consultwiththeCITY and shall have authority toactonbehalf of theCITYtothe extent provided in the General Conditions and as modified in the Supplementary Conditions of the Construction Contract. C.TheCONSULTANT 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/inspections, 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 inspections 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 theon-site observations,the CONSULTANT will advise the CITY astothe 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 atimely 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 bythe CONSULTANT to the CITY that,he certifies to the CITY that the WORK has progressed to the point indicated,and the quality of the WORK is in accordance with the Contract Documents subject to: »Professional ServicesAgreement Traffic Engineering/CivilWorks,Inc. September 2000 Page6 of 15 1.anevaluation of theWORK for conformance withthe contract documentsupon substantial completion. 2.theresults of anysubsequenttestsrequiredbythecontractdocuments. 3.minor deviations from the contract documents correctable prior tocompletionand acceptance of the project. H.TheCONSULTANT shall have an affirmative dutyto recommend rejection of WORKwhich does not conform to the Contract Documents..Whenever,in his reasonable opinion,he considers it necessary or advisable to insure compliance withthe Contract Documents,hewill have authority (with the City's prior approval)to recommend special inspections or testing of any WORK deemed nottobeinaccordance with theContract whether ornotsuch WORK has been fabricated and delivered to the Project,or installed and completed. I.The CONSULTANT shall promptly review and approve shop drawings,samples,and other submissions of the Contractor for conformance with the design concept of the Project and for compliancewiththe Contract Documents.ChangesorsubstitutionstotheContract Documents shallnotbeauthorized without written concurrence with the CITY. J.The CONSULTANT shall review and recommend action on proposed Change Orders within the scope of the Project initiated by others,and initiate proposed change orders as required by his own observations. K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project.A Punch List of any defects and discrepancies in the WORK required tobe corrected by the Contractor shall be prepared bythe CONSULTANT in conjunction with representatives of the CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor.He shall obtain from the Contractor all warranties,guarantees, operating and maintenance manuals for equipment,releases of lien and such other documents and certificates as may be required by applicable codes,laws,policy regulations and the specifications,anddeliverthemtothe CITY. L.The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to,1)initial instruction of CITY personnel in the operation and maintenance of any equipment or system,2)initial start-up and testing,adjusting and balancing of equipment and systems,and,3)final clean-up of the project. 2.2.6 PhaseVI-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. •Professional ServicesAgreement TrafficEngineering/CivilWorks,Inc. September 2000 Page7 of 15 B.The CONSULTANT shall furnish tothe CITY,reproducible record drawings updated based on information furnished bvthe Contractor:such drawings shall become the property of the CITY. C.The CONSULTANT shall assist inthe inspection of theWORKonemonthbeforethe expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK inthe Project underterms of the guarantee/warranties for correction.He shall assistthe CITY withthe administration of guarantee/warranties for correction of defective WORKthatmaybe discovered during the said period. 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 withintheScope of WorkgiventheCONSULTANT. 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 orto make measured drawings thereof,or to verify the accuracy of drawings or other information furnished bythe 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 CITYtobeother than by fault of theCONSULTANT. 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 otherthanbyfault ofthe CONSULTANT. I.Making major revisions changing the Scope ofa 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 •Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September2000 Page8 of 15 defined asthosechangingthe Scope and arrangement ofspacesand/orschemeorany portion). J.Theservices of oneormorefull-timeProjectRepresentatives. K.Preparing toserveorservingasanexpertwitnessin connection withanyarbitration proceedingorlegalproceedinginconnectionwithaProject. L.Professional services required after approval bytheCITYorthe Contractor's Requisition for FinalPayment,exceptasotherwiserequiredunderBasicServices. M.Preparing supporting data,drawings,and specifications as may be required for Change Orders affecting thescopeofa Project provided the Changes are due to causes found bythe CITY,to bebeyondthe control of theCONSULTANT. SECTION 3-TIME FOR COMPLETION: The services to be rendered bythe 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 basedon reasonable determination,stated inthesaid Notice to Proceed. A reasonable extension of time will be granted in the event there isa delay on the part ofthe 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 ofhis duties impossible. SECTION 4-BASIS OF COMPENSATION The CONSULTANT agreestonegotiatea"notto exceed"feeora fixed sumfeeforeach of theWORK assigned to him based on the Scope of such WORK.Upon agreement ofa fee,the CITY will issue a written authorization to proceed to the CONSULTANT.In case of emergency,the CITY reserves the right to issue oral authorization to the CONSULTANT,with the understanding that written confirmation will follow immediately thereafter.For reproduction of plans and specifications,beyond the requirements as identified under Section 2-Professional Services the CITY will pay the direct costs. The fees for Professional Services for each of the WORK shall be determined by one of the following methods ora combination thereof,as mutually agreed upon by the CITY and the CONSULTANT. A.Multiple of direct salary expense:The "Not to Exceed"fee may be based on multiple of 2.80 times the salary rate,as determined from salaries reported to the Director of Internal Revenue, of the personnel engaged directly on a project,not to exceed $44.65 per hour by either principals or employees.For the purpose of this agreement the following are to be considered asPrincipals: Linda M.Bell,P.E. James Gran,P.E. Professional ServicesAgreement Traffic Engineering/CivilWorks,Inc. September2000 Page9 of 15 B.A fixed sum:Thefeeforataskora scope ofworkmaybe fixed sumas mutually agreed upon bythe CITY andthe CONSULTANT: C.Hourly rate fee:The CITY agrees to pay,andthe CONSULTANT agrees toaccept,forthe services rendered pursuant to this Agreement,feesin accordance withthe following: Category Hourly Rate Principal $125.00 ProjectManager $100.00 SeniorEngineer/Senior Planner $90.00 Engineer/Planner $80.00 Senior Draftsman/Technical $65.00 Draftsmen/CADDOperator $55.00 Clerical $30.00 Hourly rates will include all wages,benefits,overhead and profit. SECTION 5-PAYMENT AND PARTIAL PAYMENTS The CITY will make monthly payments or partial payments tothe CONSULTANT for all authorized WORK performed during the previous calendar month.For design and construction projects 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%completionand approval of Phases IIIandIV. 90%upon completion of the Project and approval of all WORK Phase V). 100%upon final completion and approval of WORK elements AandBof Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative and a copy to Finance Department,Accounts Payable Section,City Hall,6130 Sunset Drive,South Miami,Florida 33143. The invoice shall contain the following information: 1.The amount of the invoices submitted shall be the amount due for all WORK performed to dateascertifiedbythe CONSULTANT. 2.The request for payment shall include the following information: a.Total Contract amount. b.Percent of work completed. c.Amount earned. d.Amount previously billed. •Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September 2000 Page10 of 15 e.Due this invoice. f.Summary of workdonethisbillingperiod. g.Invoice number anddate. 3.Upon request bytheCITYthe CONSULTANT shall provide the CITY withcertified payroll datafortheWORKreflectingsalariesandhourlyrates. SECTION 6-RIGHT OF DECISIONS All services shall be performed bythe CONSULTANT tothe satisfaction ofthe CITY's representative,who shall decide all questions,difficulties and disputes of whatever nature which may arise under orby reason of this Agreement,the prosecution and fulfillment of the services,and the character,quality,amount and value andthe representative's decisions uponall claims,questions,and disputes shall be final,conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable.Intheeventthatthe CONSULTANT does not concur in the judgement of the representative asto any decisions made by him,he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate,by either parties,in accordance with the IndustryArbitrationRules of theAmericanArbitrationAssociation. SECTION 7-OWNERSHIP OF DOCUMENTS All reports and reproducible plans,and other data developed by the CONSULTANT for the purpose of this Agreementshallbecometheproperty of theCITYwithoutrestrictionorlimitationinconnectionwiththe owners use and occupancy of the project.Reuse of these documents without written agreement from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK completed under this Agreement is complete,all of the above data shall be delivered to the CITY. SECTION 8-COURT APPEARANCES.CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract.The amount of such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance ofa court appearance and conference. The CONSULTANT shall confer with the CITY at anytime during construction of the improvement contemplated as to interpretation ofplans,correction oferrors and omissions and preparation ofany necessary plan thereof to correct such errors and omissions or clarify without added compensation. SECTION 9-NOTICES Any notices,reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when delivered by courier or by mail to the CITY.Any notices,reports or other communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the CONSULTANT in person or by mail to said CONSULTANT or his authorized representative. •Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September 2000 Page11 of 15 SECTION 10 -AUDIT RIGHTS The CITY reserves the righttoauditthe records ofthe CONSULTANT related tothis Agreement atany time during the execution ofthe WORK andfora period ofone year after final payment is made.This provision is applicableonlytoassignmentsthatareonatimeandcostbasis. SECTION 11 -SUBLETTING The CONSULTANT shall not sublet,assign,or transfer any WORK under this Agreement without the prior written consent of the CITY. SECTION 12 -WARRANTY The CONSULTANT warrants thathe has not employed or retained any company or person,other than a bona fideemployeeworkingsolelyforthe CONSULTANT,tosolicitorsecurethiscontractandthathehasnot 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 havetherightto annul thiscontract without liability. SECTION 13 -TERMINATION OF AGREEMENT It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by declining to issue Notice to Proceed authorizing WORK,in which event the CITY'S sole obligation to the CONSULTANT shall be payment for those units or sections of the WORK previously authorized in accordance with the provisions of Section 4,such payment tobe determined on the basis ofthe WORK performed bythe CONSULTANT uptothetimeof termination. SECTION 14 -DURATION OF AGREEMENT This Agreement,for the purpose of issuing new WORK shall remain in full force and effect for a period ending September 30,2002,although the actual completion ofperformance may extend beyond such term,or until the depletion of funds allocated for the WORK,or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 -RENEWAL OPTION This agreement may be renewed,at the sole discretion of the CITY,for a maximum of one two year term at theend of the initial period. SECTION 16 -DEFAULT In the event either party fails to comply with the provisions of this Agreement,the aggrieved party may declare the other party in default and notify him in writing.In such event,the CONSULTANT will only be compensated for any completed professional services.In the event partial payment has been made for such professional services not completed,the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due.In the event of litigation by the other party to enforce the provisions of this contract,the prevailing party will be compensated for reasonable attorney's fees.In no event shall attorney's fees awarded against the CITY exceed 25%of the award for damages.The CITY does not waive sovereign immunity from awards of prejudgment interest. •Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September2000 Page 12 of 15 SECTION 17 -INSURANCE AND INDEMNIFICATION The CONSULTANT shallnot commence WORK onthis Agreement until hehas obtained all insurance requiredbythe CITY.The CONSULTANT shall indemnify andsavetheCITYharmlessfromanyandall claims,liability,losses andcausesof actions arising solely outofa negligent error,omission,oractofthe CONSULTANT incident tothe performance ofthe CONSULTANT'S professional services underthis Agreement.The CONSULTANT shallpayallclaimsandlosses of any nature whatsoever,in connection therewith. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims,which may result from actions or omissions of the CONSULTANT'S actions.In reviewing, approving or rejecting any submissions oractsofthe CONSULTANT,the CITY inno way assumes or shares responsibility or liability ofthe CONSULTANTS or Sub-consultants,the registered professionals under this Agreement. The CONSULTANT shall maintain during the term of this Agreement the following insurance: A.Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, notto exceed 5%ofthe limit of liability providing forall sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising outofthe services performed bythe CONSULTANT or any person employed by him in connection with this Agreement.This insurance shall be maintained for three years after completion of the construction and acceptance of any Project covered by this Agreement.However,the CONSULTANT may purchase Specific Project Professional Liability Insurance which is also acceptable. B.Comprehensive general liability insurance with broad form endorsement,including automobile liability,completed operations and products liability,contractual liability, severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage.Said policy or policies shall nameCITYas additional insuredand shall reflecttheholdharmless provision contained herein. C.Workman's Compensation Insurance in compliance with Chapter 440,Florida Statutes,as presently written or hereafter amended. D.The policies except for Section 17 A shall contain waiver of subrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collective insurance that CITY may have.The CITY reserves the right to request a copy of the required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium payment of the CITY. E.All ofthe above insurance is to be placed with Best rated A-8 or better insurance companies, qualifiedtodobusinessunderthelaws of theState of Florida. •Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September 2000 Page13 of 15 The CONSULTANT shall furnish certificates of insurance tothe CITY priortothecommencementof operations,which certificates shallclearlyindicatethatthe CONSULTANT has obtained insurance inthe type,amount,and classification asrequiredforstrict compliance withthisSectionandthatnoreductionin limits by endorsement duringthe policy term,or cancellation ofthis insurance shall be effective without thirty (30)dayspriorwrittennoticetotheCITY. Compliance withthe foregoing requirements shall not relieve the CONSULTANT of his liability and obligations underthisSectionorunderanyother portion of this Agreement. SECTION 18 -AGREEMENT NOT EXCLUSIVE Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. SECTION 19 -CODES.ORDINANCES AND LAWS The CONSULTANT will abide and be governed by all duly promulgated and published CITY,County,State and Federal codes,ordinances and laws in effect at the time of design which have a direct bearing on the WORK involved on this project.The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached)pursuanttoFS 287.133(3)(a). SECTION 20 -ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto,and there are no other Agreements and understandings,oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration,change,or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto,upon appropriate action by the City Commissioners. IN WITNESS WHEREOF,this Agreement is accepted on the date first above written subject to the terms and conditions set forth herein. Authority of Resolution No.129-00-11022 duly passed and adopted by the South Miami City Commission on June 13,2000 ATTEST: ATTEST: Professional Services Agreement Traffic Engineering/CivilWorks,Inc. September2000 Page 14 of 15 CITY OF SOUTH MIAMI CharlesD.Scurr,CityManager CONSULTANT: M.Bel!P.E. President Civjil Works,Inc STATE OF FLORIDA ) ss:Acknowledgement of City of SouthMiami COUNTY OF DADE ) The foregoing instrument was acknowledged before me this Or 1 day of rQDfe^^^2000 by CHARLES DSCURRand RONETTA TAYLOR,City Manager andCityClerk,respectively of the CITY OFSOUTH MIAMI,on behalf of the CITY,whoarepersonally known tome. Print name: Commission No: of Florida ^jKV Nkenga Payne +&2ff*M)f Cnmmisoion CC8633oa \,ny Expires August 16,2003 STATE OF FLORIDA ) COUNTY OF DADE ) ss:Acknowledgement of Consultant The foregoing instrument was acknowledged before me this /8 day ofQCfdflfcffl.,2000 by LtA/QA AEl^tPe of Cwil k)ottK$,JaJC ,on behalf of the CONSULTANT. SHe is personally<known t67rt§)or has produced as identification. APPROVED AS TO FORM &CONTENT Earl Gallop,CityAttorney Professional ServicesAgreement TrafficEngineering/CivilWorks,Inc. September 2000 Page 15 of 15 Nofary Public,State of Florida Print name:-*s$#J<e$C^CA^ Commission No:C'C 7 75T^£?$ OFFICIAL NOTARY SEAL JAMESGRAN NOTARY PUBLIC STATE OFFLORIDA COMMISSION NO.CC775263 MY COMMISSION EXP.SEPT 142002 fr D(' V m^-^ CWI Linda M.Bell,P.E. President Civil Works,Inc. Consulting Engineers aWBE/DBEflim 3195 Ponce de Leon Blvd.,Suite 200 Ph:305-448-5955 Coral Gables,FL 33134 Fax:305-448-5466 www.civilworks.com cwi@civiIworks.com I/:OftC.