9South Miami
To: The Honorable Mayor & Members of the City Co mission
Via: Hector Mirabile, Ph.D., City Manager
From: Rudy de la Torre, Interim Director Ve (Z, 7 6 ,,
Public Works & Engineering Depa ent
Date: February 1 2011 Agenda Item No.:_,L=
Subject: Approval of Professional Service Work Order for Design and Construction Administration
Services for three Pinecrest Villas Traffic Calming Speed Tables from T.Y.Lin
International I H.J. Ross.
Resolution: A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
authorizing the City Manager to issue a work order for design and construction
administration services to T.Y.Lin International ( H.J. Ross for three Pinecrest Villas traffic
calming speed tables in an amount of $11,540.00 to be charged to People's Transportation
Plan, Account Number 124.1.730.541.3450; providing for an effective date.
Background: Due to resident's concerns of cut thru traffic and speeding through the neighborhood of
Pinecrest Villas, the city commission approved a traffic study to be conducted to assess the
traffic situation in the area. As a result of the traffic study, the installation of speed tables
on SW 76 Street and SW 78th Street was recommended.
As one of the City's professional engineering consultants, T.Y.Lin International I H.J. Ross
was selected as the lowest responsive engineering consultant from three estimates received.
T.Y.Lin International I H.J.Ross will provide design and construction administration
services for the installation of three traffic speed tables along SW 76 Street (between SW
59th Place and SW 60th Avenue), SW 78th Street (between SW 60th Avenue and SW 61'
Avenue) and SW 78'h Street (between SW 590i Avenue and SW 59t` Court).
1. T.Y.Lin International I HJ Ross $11,540
2. Kimley- Horn and Associates, Inc. $12,700
3. EAC Consulting, Inc. $13,736
Expense: $11,540.00
Account: These services will be funded through the People's Transportation Plan, account number
124.1730.541.3450 with a current balance of $84,999.00 before this request.
Attachments: Proposed Resolution
T.Y.Lin International I H.J. Ross, Inc. Proposal
Kimley -Horn & Associates, Inc. Proposal
EAC Consulting, Inc. Proposal
Professional Services Agreement for General Engineering Services
Scope of Work / Cost Proposals Table
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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to issue a work order
for design and construction administration services to T.Y. Lin
International I H.J. Ross for three Pinecrest Villas traffic calming
speed tables in an amount of $11,540.00 to be charged to People's
Transportation Plan, Account Number 124.1730.541.3450; providing
for an effective date.
WHEREAS, the Mayor and City Commission wishes to provide traffic calming
improvements in the Pinecrest Villas Neighborhood along SW 76 Street (between SW
59t Place and SW 60th Avenue), SW 78th Street (between SW 60th Avenue and SW 61st
Avenue) and SW 78th Street (between SW 59th Avenue and SW 59th Court), and
WHEREAS, the Mayor and City Commission authorize the City Manager to
secure the services of T.Y. Lin International ( H.J. Ross for professional services for the
design and construction administration of three Speed Tables; and
WHEREAS, T.Y.Lin International I H.J. Ross was selected as the lowest
responsive engineering consultant from three estimates received.
WHEREAS, the expenditure be charged to People's Transportation Plan,
Account Number 124.1730.541.3450 with an account balance of $84,999.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l: That the Mayor and City Commission authorize the City Manager to
execute a professional service work order with T.Y. Lin International) H.J. Ross in an
amount of $11,540.00 for design and construction administration services of three
Pinecrest Villas traffic calming speed tables.
Section 2: The expenditure to be charged to People's Transportation Plan, Account
Number 124.1730.541.3450 with an account balance of $84,999.
Section 3. This resolution shall take effect immediately upon adoption.
Passed and adopted this _day of 2011.
Attest:
City Clerk
Read and approved as to form
and sufficiency:
50 CITY ATTORNEY
Approved:
Mayor
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Speed Table Cost Proposals
January 18, 2011
TYLin KHA EAC
Total Cost
$11,540.00
1 $12,700.00
$13,736.00
Design phase
$6,880.00
$6,300.00
$7,629.00
Perform field work, site visits
Yes
Yes
Yes
Prepare final construction drawings*
Yes
Yes
Yes
Yes
Prepare technical specifications
Notes on plans are sufficient for such a small job. A book
Provide construction cost estimate
Yes
Yes
Yes
Define MUTCD ** minimum criteria for speed tables, traffic signage,
pavement
Yes
Yes
Yes
Yes
Attend meeting with MDCPW * ** Traffic Engineering staff to discuss
preliminary
Yes
Yes
Yes
Yes
Permitting phase
$1,500.00
Prepare and submit permit applications, Obtain approval from MDCPW * **
Traffic Engineering
Yes (only City
and MDCPW
are needed)
Yes
Yes
Yes
Bid phase
$1,080.00
$2,600.00
$1,109.00
Prepare bid documents (project manual and bid plans)
Yes
Yes
Yes
Yes
Conduct pre -bid meetings
Yes
Yes
One
Yes
Respond to bidders rfi's
Yes
Yes
Yes
Prepare addenda, if necessary
Yes
Yes
Yes
Yes
Review bids, provide bid tabulations and issue recommendation of award.
Not required
Yes
No
Yes
Construction, post construction phase
$2,700.00
$3,800.00
$2,748.00
Attend preconstruction meetings and prepare meetings' minutes
Only one pre-
con meeting
Yes
One
Yes
Review construction documents (bonds, insurance, etc.)
Yes
Yes
Yes
Yes
Review construction schedule
Yes
Yes
Yes
Yes
Review shop drawings and RFI's
Yes
Yes
Yes
Yes
Conduct periodic inspections (2)
Yes. Max of 2
(incl. final)
Yes
Yes
Yes
Review and certify payments to contractor
Yes
Yes
Yes
Yes
Perform project closeout in accordance with professional services agreement
Yes
Yes
Yes
Issue punch -list
Yes
Yes
Yes
Yes
Issue substantial completion and final completion
Yes
Yes
Yes
Yes
Obtain and review as -built drawings
Yes
Yes
Yes
Yes
Warranty manuals as applicable
Yes
Yes
Yes
Final release of liens
Yes
Yes
Yes
Final payment to contractor
Yes
Yes
Yes
Misc.
Attend meetings
$880.00
Surveying services
Not required
Not required
Yes
Reimbursable
Yes
Yes
$750.00
Notes: * List drawings that will be prepared; indicate if drainage drawings will
* MUTCD = Manual of Uniform Traffic Control Devices
* ** MDCPW = Miami Dade County Public Works
°` U INTERNATIONAL HJ ROSS
201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134
TO. 305.567.1668 • Fax. 305.567.1771 < EMAIL: hjross @hjross.com
January 17, 2011
Rudy de la Torre
Public Works & Engineering Asst. Director
City of South Miami
Public Works Department
4795 S.W. 75th Avenue
Miami, FL 33155
RE: Pinecrest Villas Traffic Calming Project
Proposal for Engineering Services
Dear Mr. de la Torre:
We appreciate the opportunity to provide design and construction phase engineering
services for three new speed tables in the Pinecrest Village neighborhood of City of
South Miami.
The attached Proposal for Engineering Services lists the Scope of Work, compensation
to perform these services, and the project schedule. The cost for these services is a
lump sum fee of $11,540.00. If in agreement, please sign on page 4 and return one
original for our records.
We look forward to working with you on this project.
Sincerely,
T"Y-U/ INTERNATIONAL i HJ ROSS
Frldhcisco J. Alonso, P.E.
Project Manager
Enclosures
cc: Grizel Martinez
Jose Nessi
�L ININTERNATIONAL 1 HJ ROSS
CITY OF SOUTH MIAMI
PINECREST VILLAS TRAFFIC CALMING PROJECT
PROPOSAL FOR ENGINEERING SERVICES
1. PROJECT DESCRIPTION
The City of South Miami (CITY) proposes to construct three new speed tables to
provide traffic calming in the Pinecrest Villas neighborhood of the City of South Miami at
the following locations:
• SW 76th Street between SW 59th Place and SW 60th Avenue.
• SW 78th Street between SW 60th Avenue and SW 61 st Avenue.
• SW 78th Street between SW 59th Avenue and SW 591h Court.
7- Y-LININTERNATIONAL I HJ ROSS (CONSULTANT) will provide engineering services
including final signed and sealed construction plans and technical specifications for the
above project. This work will be performed in accordance with the Professional Service
Agreement for General Engineering Services (AGREEMENT) dated January 2009 as
amended herewith.
11. SCOPE OF PROFESSIONAL SERVICES
The specific work scope tasks to be performed by CONSULTANT and its subconsultant
are:
1. PHASE 111: FINAL DESIGN PHASE
CONSULTANT agrees to provide the Phase ll1 - Final Design / Construction
Documents Development services in accordance with Paragraph 2.2.3 of the
AGREEMENT
2. PHASE IV: BIDDING ASSISTANCE PHASE
CONSULTANT agrees to provide the Phase IV — Bidding and Negotiation Phase
services in accordance with Paragraph 2.2.4 of the AGREEMENT.
City of South Miami - Public Works Department January 17, 2011
Pinecrest Villas Traffic Calming Project Page 1
Proposal for Engineering Services
- L,ININTERNAfIONAL i HJ ROSS
3. PHASE V: CONSTRUCTION ADMINISTRATION PHASE
CONSULTANT agrees to provide the Phase V — General Administration of the
Construction Contract services in accordance with Paragraph 2.2.5 of the
AGREEMENT with the following modifications:
3.1 CONSULTANT bases fee for this task on a task time of 45 calendar days from
award of Construction Contract to approval, by the CONSULTANT, of
Contractor's final Payment Certificate. This includes 30 calendar days for actual
construction and 2 weeks for pre and post administrative work.
3.2 CONSULTANT bases fee for this task on conducting a pre- construction meeting,
2 site visits during construction, and a punch fist/close-out meeting. In the event
that continuous daily on -site observations are required as stated in Paragraph
2.2.5.E of the AGREEMENT, CONSULTANT reserves the right to negotiate
additional fees with the CITY at the hourly rates found in Section 4 of the
AGREEMENT.
4. PHASE VI: POST CONSTRUCTION ADMINISTRATION
CONSULTANT agrees to provide the Phase VI — Post Construction Administration
services in accordance with Paragraph 2.2.6 of the AGREEMENT.
III. SUBCONSULTANTS
No Sub - Consultants will assist in this project. Drawing backgrounds will be based on
field measurements and site aerials. If topographic surveys are required our surveying
sub - consultant can provide this service and an additional proposal will be provided.
IV. SCHEDULE OF DELIVERABLES
CONSULTANT will submit the following deliverables to the CITY:
SCHEDULE OF DELIVERABLES
Task
No.
Description of Deliverable or Drawing Name
C 2 signed and sealed copies of final drawings
1
. 1 CD with drawings in AutoCAD and PDF format, and WORD files of specifications.
Copies of correspondence and minutes of meetings
2
Copies of Pre -bid agenda and minutes, addendums, and correspondence.
3
Copies of Pre - construction agenda and minutes, shop drawings, change orders, payment
certificates, construction observation reports, test results, and correspondence.
City of South Miami - Public Works Department January 17, 2011
Pinecrest Villas Traffic Calming Project Page 2
Proposal for Engineering Services
`T*L hRM1NTERNATIONAL 1 HJ ROSS
V. SCHEDULE OF SERVICES
CONSULTANT shall perform the Work as depicted in the table below following receipt
of a written Notice -to- Proceed from the CITY. A preliminary schedule of activities is
attached as Exhibit "A ".
SCHEDULE OF WORK
Task
Task Name and /or Activity Description
Duration
Projected
Projected
No.
Task Name and /or Activity Description
work
Start Date
Finish Date
$1,080.00
Lump Sum, Fixed
days
PHASE V: CONSTRUCTION ADMINISTRATION PHASE
$2,060.00
1
PHASE III: FINAL DESIGN PHASE
21
TBD
TBD
2
PHASE IV: BIDDING ASSISTANCE PHASE
7
TBD
TBD
3
PHASE V: CONSTRUCTION ADMINISTRATION PHASE
30
TBD
TBD
4
PHASE VI: POST CONSTRUCTION ADMINISTRATION
7
TBD
TBD
VI. COMPENSATION
CONSULTANT shall perform the Work detailed in this Proposal for a Lump Sum, Fixed
fee of Eleven Thousand Five Hundred and Forty Dollars dollars and 00 cents
($11,540.00).
SUMMARY OF COMPENSATION
Task #
Task Name and /or Activity Description
Amount
Fee Basis
1
PHASE III: FINAL DESIGN PHASE
$6,880.00
Lump Sum, Fixed
2
PHASE IV: BIDDING ASSISTANCE PHASE
$1,080.00
Lump Sum, Fixed
3
PHASE V: CONSTRUCTION ADMINISTRATION PHASE
$2,060.00
Lump Sum, Fixed
4
PHASE Vi: POST CONSTRUCTION ADMINISTRATION
$640.00
Lump Sum, Fixed
PROJECT MEETINGS
$880.00
Lump Sum, Fixed
Total = $11,540.00 Lump Sum, Fixed
VII. ALLOWANCE FOR ADDITIONAL SERVICES
Additional services not specifically described under "Scope of Professional Services"
will be performed upon written approval, and will be billed at the hourly rates shown in
Section 4 of the AGREEMENT. CONSULTANT may use the Allowance for Additional
Services requested in writing by and at the discretion of the CITY.
City of South Miami - Public Works Department January 17, 2011
Pinecrest Villas Traffic Calming Project Page 3
Proposal for Engineering Services
LUMINTERNAHONAL I HJ ROSS
royd . Kx • f
The following services are not included in the Scope of Work for this project:
1. General Engineering services as identified in section 2.1 of the AGREEMENT other
than what has been described above.
2. Phase I services identified in Paragraph 2.2.1 of the AGREEMENT.
3. Phase II services identified in Paragraph 2.2.2 of the AGREEMENT.
4. Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT.
5. Surveying Services
6. Geotechnical Engineering services including subsurface explorations and /or testing.
7. Permitting Services other than those described above or payment of permit fees.
CITY agrees to provide, if available:
1. As -built plans of existing City -owned facilities with elevations of underground utilities.
2. Division 1 (front -end) documents for the preparation of the contract documents.
3. CITY is responsible for payment of any permit review fees to the regulatory
agencies.
X. PROJECT MANAGER
CONSULTANT'S Pro' - Manager for this Work Order assignment will be Francisco J.
Alonso, P.E.
Prepared by:
Francisco J. Alonso, P.E. Date
Approved by:
Rudy de la Torre Date
Public Works Asst. Director
City of South Miami - Public works Department January 17, 2011
Pinecrest Villas Traffic Calming Project Page 4
Proposal for Engineering Services
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TYLININTERNATIONAL. I HJ ROSS
engineers I planners I scientists
Pinecrest Villas Speed Tables: Quote items I Scope of Services to Be Provided
Design phase
Perform field work, site visits
Yes
Prepare final construction drawings*
Yes
1. Prepare technical specifications
Notes on plans are
sufficient for such a small
job. A book of technical
specs should not be
necessary
Provide construction cost estimate
Yes
Define MUTCD ** minimum criteria for speed tables, traffic signage,
pavement markings
Yes
Attend meeting with MDCPW * ** Traffic Engineering staff to discuss
preliminary plan
Yes
Permitting phase
Prepare and submit permit applications
Yes (only City and
MDCPW are needed)
Submissions to corresponding authorities, agencies
Yes (only City and
MDCPW are needed)
Obtain approval from MDCPW""* Traffic Engineering, Fire department and
local police
Only MDCPW required
id phase
Prepare bid documents (project manual and bid plans)
Yes
Conduct pre -bid meetings
Yes
Respond to bidders rfi's
Yes
Prepare addenda, if necessary
Yes
Review bids, provide bid tabulations and issue recommendation of award.
Not required
Construction, post construction phase
Attend preconstruction meetings and prepare meetings' minutes
Only one pre -con meeting
Attend progress meetings and prepare meetings' minutes
Not required for small job
Review construction documents bonds, insurance, etc.)
Yes
Review construction schedule
Yes
Review shop drawings and RFI's
Yes
Prepare and review work /change orders
Yes
Conduct periodic inspections (max. 4 hrs /day)
Yes. 2 visits + final
inspection
Review and certify payments to contractor
Yes
Review test results
Not needed
Perform project closeout in accordance with professional services
agreement for general engineering services:
Issue punch -list
Yes
Issue substantial completion and final completion
Yes
Obtain and review as -built drawings
Yes
Daily construction inspection reports
Not needed daily for small
project
201 Alhambra Orde, Sulte 900 1 Coral Gables, Honda 33134 1 T 305.567.1888 1 F 305.567.1771 1 www.iylln,com
Notes: * List drawings that will be prepared; indicate if drainage drawings
will be included
* MUTCD = Manual of Uniform Traffic Control Devices
* ** MDCPW = Miami Dade County Public Works
Construction, post construction phase
Warranty manuals as applicable
Yes
Final release of liens
Yes
Final payment to contractor
Yes
Misc.
Surveying services
Not required
Reimbursable
Yes
Total
$11,540.00
Notes: * List drawings that will be prepared; indicate if drainage drawings
will be included
* MUTCD = Manual of Uniform Traffic Control Devices
* ** MDCPW = Miami Dade County Public Works
Kiml; Horn
_ and Associates, Inc.
January 14, 2011
Mr. Rudy de Is Torre, Assistant Director
City of South Miami Department of Public Works
4795 SW 75 Avenue
South Miami, Florida 33155
Re: Pineerest Villas Neighborhood Speed Humps
City of South Miami, Florida
Dear Mr. de la Torre:
Kimley -Horn and Associates, Inc., (hereinafter referred to as "Consultant" or
"KHA ") is pleased to submit this letter agreement to The City of South Miami
(hereinafter referred to as "City" or the "Client ") for professional consulting
services relating to the above referenced project, as specifically described in the
project understanding below. Except as specified herein, the terms of this
agreement shall be in accordance with the "Professional Service Agreement —
General Engineering Services" (the "Agreement ") between the City of South
Miami and Kimley -Horn and Associates, Inc., as approved by the City
Commission on March 17, 2009.
PROJECT UNDERSTANDING
As understood, this work order shall consists of providing professional civil
engineering services in relation with the design, permitting and construction of
three "speed humps ", two on SW 78"' Street and one on SW 76'" Street, as
recommended in the "Neighborhood Traffic Calming Study" prepared by
Kimley -Horn and Associates, Inc.
Proposed improvements shall be limited to three asphalt speed humps on existing
roadways, along with associated traffic signage and pavement markings in
accordance with MUTCD. No additional traffic controls, roadway, landscaping
and/or drainage improvements are proposed nor included in this scope of
services.
al
TEL 305.673.2025
FAX 305.535.7760
Suite 400
1221 Buickell Avenue
Miami, Flodda
33131
Kimley-Horn Pinecrest Villas Neighborhood Speed Humps, January 14, 2011, Page 3 of 6
and Associates, Inc.
PROJECT ASSUMPTIONS
1) This scope of services and fee are based on the assumption that proposed
improvements are conceptually approved by the Miami -Dade County Public
Works Traffic Engineering Section (M- DCPW), and KHA will only need to
submit plans to M -DCPW for review of the locations and layout of the
proposed speed humps, traffic signs and pavement markings.
2) Based on conversations with M -DCPW Traffic Engineering staff, a route
survey will not be required, and is therefore not included in the scope of
services. No surveying services are included in the scope of services.
3) The three proposed speed humps are to be located and designed as
recommended by Kimley -Horn as part of Phase I improvements on the
"Pinecrest Villas Neighborhood Traffic Calming Study" report. Any
changes to these recommendations caused by others may require additional
services.
4) Traffic engineering services will not be required as part of this project.
5) Specifications will be provided as notes on the plans. This scope of services
does not include the preparation of a CSI - format specifications book.
SCOPE OF SERVICES
Task 1.0 — Speed Hump Construction Drawings
During this phase of the project, KHA will provide the following services to the
Client:
1) Define MUTCD minimum criteria for speed humps, associated traffic
signage (including advance warning) and pavement markings
2) Visit the site to perform visual reconnaissance, take photographs and note
existing conditions.
3) Prepare a CAD base map to be used as background for the proposed design
using high resolution digital aerial images, right -of -way and property
boundary information obtained from Miami -Dade County GIS data.
4) Using the CAD base map as background, prepare a preliminary plan for the
proposed speed humps in accordance with the latest (2009) version of the
Manual of Uniform Traffic Control Devices ( MUTCD).
5) Attend meeting with M -DCPW Traffic Engineering staff to discuss the
preliminary plan.
6) Address M -DCPW comments, finalize the speed hump plan and details.
7) Submit two (2) sets of Drawings to the City of South Miami for review and
comment along with an Engineer's opinion of costs.
8) Address one round of review comments from the City, provided they do
not conflict with M -DCPW requirements, and revise the plans as deemed
necessary by KHA.
9) Meet with M -DCPW Traffic to receive approval stamp on the plans.
10) Submit two sets of M -DCPW approved plans to the City along with a CD
of the approved plan set (for reproduction of bid sets) in order to complete
the task.
Kimley-Horn Pinecrest Villas Neighborhood Speed Humps, January 14, 2011, Page of 6
and Associates, Inc.
11) Specifications will be provided as notes on the plans. The preparation of
CSI - format specifications is not included in this scope of services.
The set of Construction Drawings will consist of the following sheets:
Sheet Name No. Sheets
Cover Sheet - -- -- --------- -- - °---° - ° 1
General Notes and Specifications---°---°-°
SpeedHump Plan----------- - - -- -- ---------- ...... .......--------------------------------- _1
Traffic Signage and Pavement Marking Details 1
Estimated Total Number of Sheets 4
Task 2.0 - Limited Assistance During Aid and Award
Services during the process of bidding and awarding the construction contract are
limited to the following:
1) Using "front -end" (boiler- plate) documents provided by the City in
electronic (MS Word) format, assemble the Project Manual
2) Provide electronic copy of the plans to the City for bidding
3) Conduct one pre -bid meeting
4) Respond to reasonable requests for information (RFI) from prospective
bidders.
5) Prepare bid addenda if deemed necessary by the Engineer of Record
6) Other services, if requested by the Client, will be provided as additional
services under Task 4.0.
It is understood that the review, evaluation and tabulation of bids, verification of
references and selection recommendations will be performed by the City.
Task 3.0 - Limited Construction Phase Services
KHA will provide the following limited services during construction:
1) Attend one pre- construction meeting with the Client and Contractor and
prepare minutes
2) Review submittals by the Contractor:
a. Bonds and insurance
b. Construction schedule
c. Shop drawings
3) Visit the site at substantial completion to prepare a punchlist of items that
are either incomplete, not in substantial conformance with the contract
documents, or require some type of corrective action.
4) Visit the site one final time to confirm that punchlist items have
satisfactorily addressed.
5) Certify payments to the Contractor
6) Review reasonable requests for change orders (RCO) and requests for
information (RFI), but only if resulting from lack of information or clarity
in the construction drawings. RCOs and RFIs resulting from unforeseen
KimleyHorn Pinecrest Villas Neighborhood Speed Humps, January 14, 2011, Page 5 of 6
and Associates, Inc.
conditions, changes in scope requested by others, regulatory requirements
put in effect after plans were approved, etc. will be reviewed as an
additional service.
7) Review as -built drawings prepared by the contractor
8) Collect close -out documents required per contract and certify final
payment to contractor
It is anticipated that, once materials are procured and contractor has mobilized,
construction should be completed in less than one month. This scope of
construction phase services is based on this anticipated duration. If progress
and/or completion of construction are delayed by other than KHA, this may
result in additional services being required.
Task 4.0 - Additional Services
Any services not specifically provided for in the above scope will be considered
additional services. Additional services we can provide include, but are not
limited to, the following:
1. Site planning
2. Bid and award services in addition to those described in Task 2.0 above.
3. Construction phase services in addition to those described in Task 3.0 above.
4. Environmental engineering
5. Traffic studies and engineering
6. Drainage design
7. Design of public infrastructure improvements
8. Improvements outside the limits of the project
9. Plan revisions requested by others after submittal to regulatory agencies
10. Redesign resulting from substantial site layout changes caused by others
11. Revisions to plans due to changes in project scope, budget, and/or concept
12. Services required by additional governmental regulations, which might be
put into effect after the date of this agreement
13. Revisions to invoices or additional invoice backup coordination
14. Plans for maintenance of traffic (MOT) during construction
15. Erosion control plans and NPDES permitting
16. Dewatering plans
17. Attendance to meetings, hearings, presentations or coordination in addition to
those described in the tasks above
18. Deliverables not specifically outlined in the above tasks
19. Any other service not specifically listed in "Scope of Services"
TO BE PROVIDED BY CLIENT
The following items are to be provided to KHA by the Client:
1. Permit application fees, lobbyist fees and plan review fees.
2. Obtaining signatures and consensus from all property owners abutting the
project as may be required by M -DCPW
_ KimleyHorn Pinecrest Villas Neighborhood Speed Humps, January 14, 2011, Page 6 of 6
and Associates, Inc.
SCHEDULE
KHA will provide its services in order to meet the schedule mutually agreed to
by the Client and the Consultant for the various elements of the project.
FEE AND BILLING
The consultant will accomplish the services outlined in Tasks 1.0 through 3.0 of
the Scope of Services for the lump sum fee of $12,700.00 as shown below. If
requested in writing, KHA will provide a supplemental scope of services for
additional services listed under Task 4.0. Office expenses have been included
within the lump sum amount and would include in -house duplicating, facsimile,
local mileage, telephone, postage, in -house blueprinting, word processing, and
cellular telephone use. For other direct and reimbursable expenses, the City will
pay the Consultant the direct costs as per Section 4.0, "Basis of Compensation ",
of the Agreement.
Lump Sum Fees
Task No. Task Description Fee
1.0 Speed Hump Construction Drawings -------- ____________________$6,300.00
2.0 Limited Assistance during Bid and Award_ ...... ------ _ ..... $2,600.00
3.0 Limited Construction Phase Services $3,800.00
Total $12,700.00
CLOSURE
The terms and conditions of the "Professional Service Agreement — General
Engineering Services" (the "Agreement') between the City of South Miami
(Client) and Kimley -Horn and Associates, Inc., (Consultant) as approved by the
City Commission on March 17, 2009, shall govern this scope of services. If you
concur with the foregoing and wish to direct us to proceed with the
aforementioned services, please issue a Notice to Proceed in writing to the
consultant referencing this document as Exhibit "A ". Fees and time stated in
this agreement are valid for sixty (60) days after the date of issuance by the
consultant.
Kimley-Horn Pinecrest Villas Neighborhood Speed Humps, January 14, 2011, Page 7 of 6
and Associates, Inc.
I appreciate this opportunity to submit a letter agreement. Please contact Juan
Jimenez at (305) 673 -2025 if you have any questions.
Very truly yours,
,KIMLEY -HORN AND ASSOCIATES, INC.
Aaron E. Buehler, PE Juan E. Jimenez, P.E.
Vice - President /Associate Project Manager /Associate
Agreed to this day of , 2011
CITY of SOUTH MIAMI
A Municipality
(Date)
(Print or Type Name and Title)
(Email Address)
Witness
(Print or Type Name)
Official Seal:
MAMarketing \South Miami, City ot\Pineerest Villas Neighborhood Traffic Calming\KHA Scope.2011 -1-
14.Pineerest Villas Speed Humps.doc
EAC Consulting, Inc.
January 14, 2011
Rudy De IaTorre
City of South Miami
4795 S.W. 75th Avenue
Miami, FL 33155
Re: City of South Miami — Speed Tables
EAC Project No. O8O24.SDO1 -07
Dear Mr. De la Torre:
EAC Consulting, Inc. is pleased to submit this fee proposal (attached) to provide for the
professional engineering services associated with the design, bidding and construction of
three speed tables within the City of South Miami. As we understand it, the City wishes to
construct a traffic calming speed table at the approximate intersections of SW 76th Street
between SW 59th Place and SW 60th Avenue, SW 78th Street between SW 60th Avenue
and SW 61St Avenue and SW 78th Street between SW 59th Avenue and SW 59th Court.
Scope of Work:
Design Phase:
1. The City shall provide EAC Consulting with a current topographic survey of the area of work.
The survey shall include roadway centerline information, edge of pavement delineation, rights
of way, easements, topographic elevations and all above - ground appurtenances.
2. Prepare detailed construction drawings at an acceptable scale (including, but not limited to,
typical sections, paving, grading, marking /signage and construction details). EAC shall
provide two deliverable phases (50% and 100 %)
3. Define MUTCD minimum criteria for speed tables, traffic signage & pavement markings.
4. Attend meeting with MDPWD Traffic Division to discuss preliminary plan.
5. Modify front end docs and general conditions required for the project.
6. Provide construction cost estimate at each deliverable phase.
Permitting Phase:
1. Prepare and submit permit applications required for this project. It is anticipated that
approval will be required from Miami -Dade Public Works Department and the City of South
Miami Public Works Department. Any other permitting (through traffic engineering, fire
department local police, etc.) is specifically excluded from this scope of work and proposal.
Bid Phase:
1. Prepare bid documents including project manual and bid plans.
2. Conduct pre -bid meeting (including preparation of pre -bid agenda).
3. Respond to bidders RFis.
4. Prepare addenda, if necessary.
5. Review bids, bid tabulations review and issue recommendation of award assistance is
specifically excluded from this scope of work and proposal.
Construction Phase:
1. Attend preconstruction meeting and review construction schedule.
2. Review construction documents between City and contractor (bonds, insurances, etc.)
3. Review construction schedule (to be provided by others).
5100 NW 33 Avenue, Suite 243 1 Fort Lauderdale, FL 33309 1 Phone: 954-733.8004 1 Fax: 954 - 733 -8604 1 www.eacconsult.com I CA # 7011
4. Prepare preconstruction meeting minutes.
5. Review shop drawings and RFIs.
6. Review and work orders.
7. Review and certify payments to contractor.
8. Perform interim inspections (maximum of two inspections).
9. Perform project closeout in accordance with Professional Services Agreement for General
Engineering Services.
10. Issue punch -list (with attached photos), substantial completion and final completion.
11. Obtain and review As -built drawings. Submit certified As -built drawings by the Engineer of
record to the City.
12. It is anticipated that no progress meetings will be required for this job, particularly because of
its small size. As such, progress meetings are not included in this proposal.
The proposed design will be done in accordance with the established guidelines and procedures
utilized by the City of South Miami Public Works Department and the Miami -Dade County Public
Works Department.
EAC Consulting, Inc. shall provide construction documents, bidding assistance and construction
inspection and administrative services in accordance with the Professional Services Agreement for
General Engineering Services.Our lump sum fee proposal for this scope of services is as follows:
Task
Fee
50% Construction Documents — revised drainage (as required) and
pavement grading layouts, typical sections /notes /details, revised
engineer's cost estimate
$5,604.00
100% Construction Document —finalize construction documents, final
engineer's cost estimate.
$2,025.00
Permitting (City of South Miami and Miami -Dade Count PWD
$1,500.00
Bidding & Award assistance — refer to "Bid Phase" above
$1,109.00
Construction Support Services — (refer to "Construction Phase' above)
Assumes construction duration of approximately 2 weeks.
$2,748.00
Reimburseables
$750.00
Total Lump Sum Fee
$13,736.00
This proposal is based on our understanding of the requirements for engineering services as
itemized under the anticipated tasks listed above. Accordingly, we reserve the right to modify this
proposal due to any changes in scope.
If the above fee proposal and the terms above are acceptable to you, please provide us with a work
authorization so we may begin work.
Sincerely,
EAC Consulting, Inc
— regory Men ez, P.E
Senior Project Manager
City of South Miami Authorization
Encl. Fees for surveying
cc: File, Mike Adeife, P.E. — EAC Consulting, Inc., Huntley Higgins, P.E.— EAC Consulting, Inc.
6100 NW 33 Avenue, Suite 243 1Fort Lauderdale, FL 33309 1 Phone: 954.733.8004 1Fax: 954 -733 -6604 1www.eacronsult.com 1 CA # 7011
PROr'ESSIONAL SERVICE AGREEMENT
General Engineering Services
TI-HS AGREEMENT made and entered into this leday ofAlere-h 2009 by and between the C]TY
OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and T.Y. LIN
INTERNATIONAL + H.J. ROSS, authorized to do business in the State of Florida, referred to as the
"CONSULTANT ".
In consideration of the premises and the mutual covenants contained in this agreement, the CITY
agrees to employ the CONSULTANT for a period ending on December 31, 2011, and the CONSULTANT
agrees to perform all professional services in connection with the WORK, as described herein, on a
continuing basis in connection with projects where the basic construction costs does not exceed
$1,000,000.00 or studies which do not exceed $50,000.00, herein after called the "SERVICES ".
SECTION I - 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
be required.
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY. The
CITY reserves, at all times, the right to perform any and all engineering work in -house or with
other engineers. This Agreement does not confer on the CONSULTANT any exclusive rights to
CITY WORK, nor does it obligate the CITY in any manner to guarantee WORK for the
CONSULTANT. The CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited by the CITY outside of this agreement.
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK; the time needed to complete the WORK and the fee for the services to be
rendered in connection with the WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice
to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with
the preparation of any proposal.
1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the
CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice
to Proceed.
L6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which
their presence is required.
1.7 The CITY agrees to designate a representative who, on behalf of the City Manager Oall examine the
documents submitted by the CONSULTANT and shall render decisions promptly, to avoid
unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall
keep the CITY'S representative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
SECTION 2 - PROFESSIONAL SERVICES
2.1 General Engineering Services
The professional services to be provided by the consultant are as follows:
A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic
control devices, stripping, lighting, irrigation, speed reduction devices and incidental
landscaping.
B. Drainage Design includes the necessary analysis needed to implement proposed drainage
improvements, preparation of paving and drainage plan for municipal building and facilities.
C. Civil Engineering, to include Distribution Systems Improvement / Analysis and design and
Sanitary Sewer System Evaluation and design.
D. Environmental Engineering, to including, site investigation and design needed to prepare
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. Other incidental services associated to the above items.
2.2 Basic Services
The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through
2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services
are authorized.
Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional
engineering services for any portion or all of the six Phases outlined below. The CONSULTANT agrees to
co- ordinate his effort with that of any other engineering, landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK. The lead CONSULTANT as designated by
• Professional services Agreement
General Engineering services
December 2008
Page 2 of 17
the CITY shall prepare the final bid package including bid documents and specifications, which shall be
prepared by, and be the responsibility of the respective disciplines.
12.1 Phase I- Preliminary and Schematic Design:
A. The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the full scope of the Project that will meet the program requirements, and shall
advise the CITY if, in the CONSULT'ANT'S opinion, the allocated funds are adequate to
accomplish the program requirements.
B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the
program requirements will be met.
C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of
the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise),
Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of
Probable Construction Cost.
D. The Proposed Project Timetable shall consist of a schedule showing the proposed completion
date on each Phase of the Project through design, bidding, construction, and proposed date of
completion.
E. The Planting Summary (unless advised otherwise) shall consist of a vicinity plan and blow-
up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent
planning criteria used for the Project.
F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations,
sections, etc. as required to show the scale and relationship of the parts and the design concept
of the whole. A simple perspective sketch, rendering, model or photograph thereof may be
provided to further show the design concept.
G. The CONSULTANT shall present the Schematic design studies to the appropriate Boards for
their approval when the project requires such approval. The Consultant shall make copies
necessary for presentation to the Board at no additional cost to City.
H. 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
Professional Services Agreement
General Engineering Services
December 2008
Page 3 of 17
applicable). The CONSULTANT'S opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANT'S experience and
qualifications and represent CONSULTANT'S best judgement as an experienced and
qualified professionnLengineer, familiar with the local construction indulstry and prices.
J. The CONSULTANT shall submit and present two (2) copies of all documents required under
this Phase, without additional charge, for approval by the CITY and he shall not proceed with
the next Phase until directed by the CITY.
2.12 Phase II_— Study and Design Development:
A. From the approved Schematic Design documents, the CONSULTANT shall prepare Design
Development Documents, comprising the drawings, outline specifications and other
documents to fix and describe the size and character of the entire Project as to construction
and finish materials and other items incidental thereto as may be appropriate and applicable.
B. The Design Development Documents shall comprise the Proposed Project Timetable
(updated), Outline Specifications, Updated Statement of Probable Construction Cost, and
Design Development Drawings, etc., as required to clearly delineate the Project. If the
Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost
or scope reduction options shall be included.
C. The CONSULTANT shall submit and present two (2) sets of all documents required under
this Phase, without additional charge, for approval by the CITY and not proceed with the next
Phase until directed by the CITY.
D. The CONSULTANT shall at all times monitor the Probable Construction Costs to make
certain they remain within the total allocated budget. A Notice to Proceed to Phase III will
not be issued if the latest statement of Probable Construction Cost exceeds the total allocated
funds.
2.2.3 Phase III — Final Design / Construction Documents Development:
A. From the approved Design Development Documents, the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction of the
Project including the Proposal (Bid) Form and other necessary information for bidders,
Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT
shall use Construction Specifications Institute (CSI) Standards and the City of South Miami
Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders,
conditions of Contract and Specifications. The CONSULTANT shall review all existing City
Specifications, for completeness prior to use and shall supply all needed additional
specifications.
B. The Construction Documents shall be prepared in a manner that will assure clarity of
linework, notes, and dimensions, when the documents are reduced to 501/o of their size. All
Professional services Agreement
General Engineering services
Deeember2008
Page 4 of 17
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 clectronie media in a
mutually agreed upon electronic format, but generally as follows:
1. Non - drawing submittals in Microsoft Office format.
2. Drawings in AutoCAD format.
3. GIS files should be in AreView format Version 3.2.
D. When the development of the drawings has progressed to at least 50% completion in Phase
Ill, 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
50% documents is received from the CITY. The CONSULTANT shall make all changes to
documents. The 50% complete Check set shall be returned to the CITY.
F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds, unless the CITY increases
the total allocated. funds or the CONSULTANT and the CITY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to
the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies
each of Check Set of drawings, specifications, reports, programs, etc., without additional
charge, for a final review and comments or approvals,
H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY
Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the
final approval.
I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph H if the changes or additions do not alter
the scope of the project as determined under paragraph 2.2.1 A. The 100% complete Check
set shall be returned to the CITY. Upon final approval by the CITY the CONSULTANT shall
furnish to the CITY a minimum of 30 sets of drawings and specifications, for bidding
purposes, unless instructed otherwise.
J. The CONSULTANT shall arrange for "dry runs" and /or make final submissions to
appropriate authorities (regulatory agencies to include and not limited to City, County, State
or Federal) as necessary, to ascertain that the construction documents meet the necessary
Professional Services Agreement
General Engineering Services
December 2008
Page 5 of 17
requirements to obtain all the necessary permits for constriction. CONSULTANT shall
respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at
no additional cost to CITY, in order to acquire the necessary permits.
2.2.4 Phase IV - Biddin ag nd 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 famish
the drawings and specifications as indicated above for bidding, and assist the CITY in
obtaining bids and awarding and preparing construction contracts. The CONSULTANT shall
attend all pre -hid conferences. The CONSULTANT shall be present during the bid opening
and as part of his assistance to the CTTY will tally, evaluate and issue a recommendation to
the CITY after verifying bond, insurance documents, questionnaire and reference submitted
by the constructor.
B. The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify, correct
or change Bid Documents.
C. If Pre - Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria, review qualifications of
prospective bidders, and recommend acceptance or rejection of the prospective bidders.
D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1. approve the increase in Project Cost and award a construction contract or,
2. reject all bids and rebid the Project within a reasonable time with no change in the
Project, or
3. direct the CONSULTANT to revise the Project scope or quality, or both, as approved
by the CITY and rebid the Project, or
4. suspend or abandon the Project, or
5. exercise all options under the City Charter and State Law.
NOTE: Under item (2) above, the CONSULTANT shall, without additional compensation, assist the
CITY in obtaining re -bids, and awarding the re -bid of the project. Under item (3) above, the
CONSULTANT shall, without additional compensation, modify the Construction Documents as
necessary to bring the Probable Construction Cost within the Total Allocated Funds. When the lowest
responsible bid is over 15% of the CONSULTANT estimate.
B. 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:
• Professional Services Agreement
General Engineering services
December 2008
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A. The Construction Phase will begin with the award of the Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
B. The CONSi TI TANT, as the representative of the CITY during the Construction Phase, shall
advise and consult with the CITY and shall have authority to act on behalf of the CITY to the
extent provided in the General Conditions and as modified in the Supplementary Conditions
of the Construction Contract.
C. The CONSULTANT shall attend pre - construction meetings.
D. The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E. The CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress of the Project and to determine in general if the WORK is proceeding in
accordance with the Contract Documents. On the basis of on -site observations, the
CONSULTANT will use reasonable and customary care to guard the CITY against defects
and deficiencies in the WORK. The CONSULTANT may be required to provide continuous
daily on -site observations to check the quality or quantity of the WORK as set forth in this
Agreement and defined by the Scope of WORK issued for the individual project. On the
basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress
of and any observed defects and deficiencies in the WORK immediately in writing.
F. The CONSULTANT shall furnish the CITY with a written report of all observations of the
WORK made by him during each visit to the WORK. He shall also note the general status
and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely, accurate, and complete
notations on record drawings.
G. Based on observations at the site and on the Contractor's Payment Certificate, the
CONSULTANT shall determine the amount due the Contractor on account and lie shall
recommend approval of the Certificate in such amounts. The recommendation of approval of
a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY
that, he certifies to the CITY that the WORK has progressed to the point indicated, and the
quality of the WORK is in accordance with the Contract Documents subject to:
1. an evaluation of the WORK for conformance with the contract documents upon
substantial completion.
2. the results of any subsequent tests required by the contract documents.
3. minor deviations from the contract documents correctable prior to completion and
acceptance of the project.
Professional Services Agreement
General Engineering Services
December 2005
Page 7 of 17
H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which
ht does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure compliance with the Contract Documents, he will
have authority (with the City's prior approval) to recommend special inspections or testing of
any WORK deemed not to be in accordance with the Contract whether or not such WORK
has been fabricated and delivered to the Project, or installed and completed.
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.
The CONSULTANT shall review and recommend action on proposed Change Orders within
the scope of the Project initiated by others, and initiate proposed change orders as required by
his own observations.
K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of
Substantial Completion of the Project. A Punch List of any defects and discrepancies in the
WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT
in conjunction with representatives of the CITY and satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final Acceptance and final
payment to the Contractor. He shall obtain from the Contractor all warranties, guarantees,
operating and maintenance manuals for equipment, releases of lien and such other documents
and certificates as may be required by applicable codes, laws, policy regulations and the
specifications, and deliver them to the CITY.
L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the
Contract Documents relative to, 1) initial instruction of CITY personnel in the operation and
maintenance of any equipment or system, 2) initial start -up and testing, adjusting and
balancing of equipment and systems, and, 3) final clean -up of the project.
M. The CONSULTANT shall provide the contractor with three sets of drawings labeled
"Construction Plans" for permit from Public Works.
2.2.6 Phase VI - Post Construction Administration
A. The CONSULTANT shall prepare and provide the CITY with a written manual, to be used by
the CITY, outlining the implementation plan of all the required maintenance necessary to
keep the proposed WORK operational in a safe and effective manner.
B. The CONSULTANT shall furnish to the CITY reproducible record drawings updated based
on information furnished by the Contractor: such drawings shall become the property of the
CITY.
C. The CONSULTANT shall assist in the inspection of the WORK one month before the
expiration of any guarantee period or the sixth month whichever is earlier and report any
Professional services Agreement
General Engineering services
December 2008
Page 8 of 17
defective WORK in the Project under terms of the guarantee /warranties for correction. He
shall assist the CITY with the administration of guarantee/warranties for correction of
defective WORK that may be discovered during the said period.
D. The CONSULTANT shall furnish the City with a 3 -ring binder labeled "Close -out
Documents" that will include as a minimum a copy of:
• Certificates of completion
• As- Builts(1 /2 size)
• Test Results
• Daily construction inspection reports
• Progress meeting minutes
• Approved shop drawings
• Warranty manuals as applicable
• Final release of liens
• Final payment to contractor.
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 set-vices of the type set forth in Basic Services as
may be required relative to replacement of such WORK, providing the cause is found by the
CITY to be other than by fault of the CONSULTANT.
Professional Services Agreement
General Engineering Services
December 2008
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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.
L Making major revisions changing the Scope of a project, to drawings and specifications when
such revisions are inconsistent with written approvals or instruction previously given by the
CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J. The services of one or more full -time Project Representatives.
K. Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding in connection with a Project.
L. Professional services required after approval by the CITY or the Contractor's Requisition for
Final Payment, except as otherwise required under Basic Services.
M. Preparing supporting data, drawings, and specifications as may be required for Change Orders
affecting the scope of a Project provided the Changes are due to causes found by the CITY, to
be beyond the control of the CONSULTANT.
SECTION 3 - TIME FOR COMPLETION:
The services to be tendered 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.
SECTION 4 - BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK. Upon agreement of a fee; the CITY will issue a written
authorization to proceed to the CONSULTANT. In case of emergency, the CITY reserves the right to issue
oral authorization to the CONSULTANT, with the understanding that written confirmation will follow
immediately thereafter. For reproduction of plans and specifications, beyond the requirements as identified
under Section 2- Professional Services the CITY will pay the direct costs.
The fees for Professional Services for each of the WORK shall be determined by one of the following
methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT.
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December 2008
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A. A fixed sum: The fee for a task or a scope of work may be fixed sum as mutually agreed upon
by the CITY and the CONSULTANT:
B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT artees to accept, for the
services rendered pursuant to this Agreement, fees in accordance with the following:
Categot:
Hourly Rate
Principal
$150
Project Manager
$120
Senior Engineer
$100
Engineer
$ 90
Construction Manager
$100
Construction Inspection
$ 65
Senior Draftsman/I'eehnicaVCADD Operator
$ 75
Draftsmen
$ 65
Data Processing! Clerical
$ 50
Hourly rates will include all wages, benefits, overhead and profit.
SECTION 5 - PAYMENT AND PARTLAL 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 Ill 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.
The invoice shall contain the following information:
1. The amount of the invoices submitted shall be the amount due for all WORK performed to
date as certified by the CONSULTANT.
2. The request for payment shall include the following information:
a. Project Name
b. Total Contract amount (CONSULTANT's lump sum negotiated upset limit fees)
C. Percent of work completed.
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December 2008
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d, Amount earned.
C, Amount previously billed.
f. Due this invoice.
g. Balance remaining
h. Summary of work done this billing period.
i. Invoice number and date.
Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll
data for the WORK reflecting salaries and hourly rates.
SECTION 6 - RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who
shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value
and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable, In the event that the
CONSULTANT does not concur in the judgement of the representative as to any decisions made by him, he
shall present his written objections to the City Manager and shall abide by the decision of the City Manager.
Nothing in this section shall mean to deny the right to arbitrate, by either parties, in accordance with the
Industry Arbitration Rules of the American Arbitration Association,
SECTION 7 - OWNERSHIP OF DOCUMENTS
All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this
Agreement shall become the property of the CITY without restriction or limitation in connection with the
owner's use and occupancy of the project. Reuse of these documents without written agreement from the
CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT.
When each individual section of the WORK completed under this Agreement is complete; all of the above
data shall be delivered to the CITY.
Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of
the CITY without additional compensation except for any dispute arising out of this contract. The amount of
such compensation shall be mutually agreed upon and be subject to a supplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conference.
The CONSULTANT shall confer with the CITY at anytime during construction of the improvement
contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9 - NOTICES
Any notices, reports or other written communications from the CONSULTANT to the CITY shall be
considered delivered when delivered by courier or by mail to the CITY. Any notices, reports or other
Professional Services Agreement
General Engineering Services
December 2008
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communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSULTANT or his authorized representative.
SECTION 10 -.AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at. any time
during the execution of the WORK and for a period of one year after final payment is made. This provision is
applicable only to assignments that are on a time and cost basis.
SECTION I1— SUBLETTING
The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior
written consent of the CITY.
SECTION 12 - WARRANTX
The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract and that Ire has not
paid or agreed to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall
have the right to annul this contract without liability.
SECTION 13 - TERMINATION OF AGREEMENT
It is expressly understood and agreed that the CITY may terminate this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
accordance with the provisions of Section 4, such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14 - DURATION OF AGREEMENT
This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 31, 2011, although the actGal completion of performance may extend beyond such term, or
until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of tine
parties hereto.
SECTION 15 - RENEWAL OPTION
This agreement may be renewed, at the sole discretion of the CITY, for an additional period of one year at the
end of the initial period.
SECTION IG - 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. hi 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
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General Engineering Services
December2008
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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.
St;CTION 17 -.7 NSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all
claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the
CONSULTANT incident to the performance of the CONSULTANT'S professional services under this
Agreement. The CONSULTANT shall pay all claims and losses of any nature whatsoever, in connection
therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any
claims, which may result from actions or omissions of the CONSULTANT's actions. In reviewing,
approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares
responsibility or liability of the CONSULTANTS or Sub consultants, the registered professionals under this
Agreement.
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any,
not to exceed S% 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 set-vices
performed by the CONSULTANT or any person employed by him in connection with this
Agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
CONSULTANT may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B. Comprehensive general liability insurance with broad form endorsement, including
automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and
property damage. Said policy or policies shall name CITY as additional insured and shall
reflect the hold harmless provision contained herein.
C. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as
presently written or hereafter amended.
D. The policies except for Section 17 A shall contain waiver of subrogation against CITY where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance that CITY may have. The CITY reserves the right to request a copy of
the required policies for review. All policies shall contain a "severability of interest" or
"cross liability" clause without obligation for premium payment of the CITY.
• Professional services Agreement
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December 2008
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E. All of the above insurance is to be placed with Best rated A -8 or better insurance companies,
qualified to do business under the laws of the State of Florida.
The CONSULTANT shall furnish ceriificates of insurance to the CITY prior to the commencement of
operations, which certificates shall clearly indicate that the CONSULTANT has obtained insurance in the
type, amount, and classification as required for strict compliance with this Section and that no reduction in
limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty
(30) days prior written Notice to the CITY.
Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and
obligations under this Section or under any other portion of this Agreement.
SECTION 18 - AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
SECTION 19 - CODES ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CITY, County,
State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the
WORK involved on this project. The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached) pursuant to FS 287.133(3)(a).
SECTION 20 - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties hereto, and there are no
other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
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.
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General Engineering Services
Deeember2006
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IN WITNESS WHEREOF, this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
Authority of Resolution No.205 -08 -12802
duly passed and adopted by the South
Miami City Commission on December 2, 2008
ATTEST:
Maria
ATTEST
Authority of Res..NoS..39 =09 -12848
duly passed and adopted by the So
Miami City Commission on Mar 17, 2009
CITY OF SOUTH MIAMI:
W. Ajibola MOM r, City Manager
CONSULTANT:
,pa x
�v r ; FLOi;A )
ss: Acknowledgernent of City of SutJz_M>ii "sr4i
COUNTTY & DADL- )
The foregoing instrument was acknowledged before me this \ day of t k . 20
-q by
\dr.Ajibola Balogun and Maria Menendez, City Manager and City Clerk, respectively of the CITY OF
SOUT14 MANE. on behalf of the CITY; who are personally known to me.
Notatylolblic, State of Florida
Print name: -W- Awc
Commission
IIK :.a fyd•..
STATE OF FLORIDA ) ,; : +a MY COMMISSION A 6 201 714121
Y a= EXPIRES: October 5, 2011
ss: AclwoNvledgement of Consultant 4 . Ao d°m" o�rr vn
COUNnT OF DADE
Professional Semites Agreement
General Engineering senices
December 2008
Page 16 of 17
T forego' instrument was acknowledged before me this t xr, day of _ by
J'e rta of S on behalf of the CONS TANT,
e is personally known to me or as py duce as identification.
RMED �` 1RI@ flf Efliliff@Vk p ®AS1i05
APPROVED AS TO FORM & CONTENT
Luis Figuered , 1ty Attorney
Professional Services Agreement
General Engineering Services
December2008
Page 17 of 17
Notarye of Florida��
Print Name:
Commission No.: /e%Jy4zlq_ -