Loading...
Res. No. 112-09-12921RESOLUTION NO.: 112 -09 -12921 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO S.W. 80TH ST, AND S.W. 74TH TER., FROM S.W. 59TH AVE. TO SW 58" AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH ACCOUNT NUMBERS 106 - 1727 - 536 -3450 AND 124 - 1730 -541 -3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along S.W. 59" Ave. from S.W. 74'h St. to S.W. 80" St. and S.W. 74tH Ter. from S.W. 59th Ave. to S.W. 58th Ave.; and WHEREAS, the Mayor and City Commission authorize the City Manager to secure the services of KHA for professional engineering services for the design, bid and construction phase services for the Citywide Drainage Improvements Phase VI project (S.W. 59th Ave. from S.W. 74th St. to S.W. 80`h St. and S.W. 70 Ter. from S.W. 591h Ave. to S.W. 58'h Ave.); and WHEREAS, the total cost of the professional services will be $84,970.00 funded through the Florida Department of Environmental Protection (FDEP) Grant and Peoples Transportation Plan with account numbers 106 -1727- 536 -3450 and 124 - 1730 -541 -3450, respectively. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Commission authorizes the City Manager to execute a professional service work order with KHA in an amount of $84,970.00 for design, bid and construction phase services for the Citywide Drainage Improvements Phase VI project. Section 2: The total cost of the professional services will be $84,970.00 funded through as follows: • $42,485.00 from FDEP Grant Fund w /acct no. 106 - 1727 - 536 -3450 w /current balance of $157,464.00. • $42,485.00 from Peoples Transportation Plan w /acct. no. 124 - 1730 - 541 -3450 w /current balance of $384,132.25 Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this 16th day of June 2009. ATTEST: APP OVED: CLERK V MAYOR READ AND APPROVED AS T RM: COMMISSION VOTE: U 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea CITY RNEY Commissioner Newman: Yea Commissioner Sellars: Yea South Miami NI•AmedcaMw CITY OF SOUTH MIAMI I I I I.F OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager' "�? From: Jose Olivo, P.E. 0' O' Public Works & Engineering Department Date: June 16, 2009 Agenda Item No.. Subject: Approval of Professional Service Work Order Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO KIMLEY -HORN AND ASSOCIATES, INC. (KHA) FOR DESIGN, BID AND CONSTRUCTION PHASE SERVICES FOR THE CITYWIDE DRAINAGE IMPROVEMENTS PHASE VI PROJECT (S.W. 59TH AVE, FROM SW 74TH ST. TO S.W. 80TH ST. AND S.W. 74TH TER., FROM S.W. 59TH AVE. TO SW 58th AVE.) IN AN AMOUNT OF $84,970.00 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND PEOPLES TRANSPORTATION PLAN WITH ACCOUNT NUMBERS 106 -1727- 536 -3450 AND 124 - 1730 - 541 -3450, RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to approve professional service work order for Citywide Drainage Improvements Phase VI Project for Design, Bid and Construction Phase Services. Reason/Need: The project improvement consists of providing much needed drainage along S.W. 59th Ave. from S.W. 74th St. to S.W. 80th St. and S.W. 74th Ter. from S.W. 59th Ave. to S.W. 58th Ave. Therefore, as one of the City's General Engineering Services consultants, KHA has submitted the attached proposal for the Design, Bid and Construction Phase Services for the project. KHA's services will include: Design Phase: preparation of detailed construction drawings, construction cost estimates, bid documents and permitting; Bid Phase: Assistance during bid phase, review bids and issue recommendation of award; Construction Phase: construction engineering inspections; review of all shop drawings; responding to all Request for Information (RFI); review of "As- built" drawings; reviewing of contractor's application for payment; review and processing of all Work Order Directives to the contractor; performing construction close -out services; and to issue Certificate of Completion. Cost: $84,970.00 Agenda Item No.: KHA Agreement for Citywide Drainage Imp. Ph. VI June 16, 2009 Funding Source: $84,970.00 will be funded as follows: • $42,485.00 from FDEP Grant Fund w /account no. 106- 1727 -536- 3450 w /current account balance of $157,464.00. • $42,485.00 from Peoples Transportation Plan w /account no. 124- 1730- 541 -3450 w /current account balance of $384,138.25 Backup Documentation: • Proposed Resolution • KHA's Work Order (Proposal) for Professional Engineering Services • KHA's Professional General Engineering Service Agreement ❑ Location Map Page 2 of 2 Kimley -Horn �Yl _ and Associates, Inc. May 11, 2009 Suite 400 1691 Michigan Avenue Miami Beach, Florida Mr. Jose H. Olivo Jr. PE, Director 33139 City of South Miami Department of Public Works 4795 SW 75 Avenue South Miami, Florida 33155 Re: Citywide Drainage Improvements- Phase 6 City of South Miami Dear Mr. Olivo: 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 project known as "Citywide Drainage Improvements — Phase 6 ", as described on page 4 of the City of South Miami Five -Year Capital Improvements Plan for fiscal years 2008/09 — 2012/13. Except as specified below, 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 -Hom and Associates, Inc., as approved by the City Commission on March, 17, 2009. PROJECT UNDERSTANDING 1) As understood, this work order shall consist of providing professional civil engineering services related to the preparation of construction drawings and technical specifications for proposed storm drainage improvements and right -of -way enhancements within the following existing City roadways: • SW 59th Avenue from SW 74th Street to SW 80' Street (2,100 LF +/-) • SW 74th Terrace from SW 59th Avenue to SW 58th Avenue (600 LF + / -) 2) The project limits are defined as the areas lying within the boundary established by the legal rights -of -way of the above roadways, including adjacent radii of return. The project limits will terminate at the north edge of pavement of SW 80th Street, south edge of pavement of SW 74'h Street, and west edge of pavement of SW 58h Avenue. TEL 305.673.2925 FAX 305.673.4662 Kimley -Horn Citywide Drainage -Phase 6, May 11, 2009, Page 2 of 10 and Associates, Inc. 3) Proposed storm drainage improvements shall be limited to providing new drainage inlets and manholes (structures), exfiltration trench, drainage piping, grass swales, and interconnections with existing drainage structures within the project limits in order to collect, pre -treat and retain the anticipated runoff from a design storm event of 10 -year frequency and 24- hour duration, or as directed by the Miami -Dade County Department of Environmental Resources Management (DERM). 4) This scope of services excludes analysis and design of storm drainage improvements to prevent flooding of existing buildings from storm events of higher intensities. 5) This scope of services excludes analysis of storm runoff from contributing areas located outside the project limits described in item 2 above. 6) Proposed right -of -way enhancements shall be limited to milling and resurfacing or overlay of existing. asphalt roadways, new traffic pavement markings and sidewalk repair within the project limits. 7) Roadway reconstruction and reconfiguration of the profile grade line (PGL) are not included in this scope of services. Where localized ponding is identified, either from site observations or the topographic survey, the plans will provide some proposed spot grading to try to correct these using asphalt pavement overlay. 8) This scope of services excludes pump stations, retention ponds, storm water treatment systems, outfalls, and analysis of areas outside the project limits. 9) The scope of services includes also includes assisting the Client during the regulatory approval process, preparation of technical specifications and project manual, assistance during the bidding and award of the construction contract, construction phase services and project close -out services for the above - referenced improvements. ASSUMPTIONS 1) There are no environmentally sensitive areas within the project limits. 2) Traffic engineering services will not be required as part of this project. 3) Roadway design and reconstruction will not be required. 4) Existing pavement markings and traffic signs disturbed during construction will be replaced to match existing. No pavement marking or signage improvements are included in this scope of services. 5) Design or modification of traffic signals is not required for this project. 6) This project will be designed, permitted and constructed in a single phase. 7) The contractor will be responsible for preparing plans for staging areas and traffic control during construction. 8) Preparation of erosion control plans and permit applications for storm water discharge associated with small construction activity, as defined at 40 CFR 122.26(b)(15) and regulated pursuant to Section 402(p)(6) of the Clean Water Act, will be the contractor's responsibility. 9) Any site or infrastructure construction will be performed "in the wet" and dewatering plans will not be required. 10) Sidewalk modifications to meet current ADA code will not be required. = FJ Kimley -Horn Citywide Drainage -Phase 6, May 11, 2009, Page 3 of 10 M __ and Associates, Inc. SCOPE OF SERVICES Task 1.0 - 30% Construction Drawings: During the 30% Construction Drawings Phase of the project, KHA will provide the following services to the Client: 1.01 Attend one "kick -off' meeting with City of South Miami Public Works Department staff. 1.02 Coordinate with DERM Water Control Section staff to establish design criteria such as required design storm event, water quality and quantity retention volumes, and to identify permits required. 1.03 Visit the site to perform visual reconnaissance and take photographs. 1.04 Contact utility companies and providers identified from the "Sunshine One -Call" listing and request readily available atlases, as- builts and utility records within the project limits. 1.05 Request storm drainage utility atlases /as- builts from City of South Miami. 1.06 Based on existing surface drainage patterns identified from the topographic survey, identify drainage sub -basin areas within the project limits and perform water quality and quantity storm runoff calculations for the required design storm event. 1.07 Prepare 30% construction plans for proposed drainage improvements within the project limits. 30% plans include horizontal layout and alignment of proposed drainage improvements, but excludes vertical information, conflicts resolution and construction details. 1.08 Prepare an Engineer's Preliminary Opinion of Probable Costs (OPC). 1.09 Submit five (5) sets of 30% Construction Drawings and OPC to the City for review and comment. 1.10 Attend one meeting with City staff to discuss review comments of the 30% Construction Drawings. 1.11 Address one round of reasonable review comments from City staff, and revise the plans as deemed necessary by the Engineer. 1.12 Resubmit five (5) sets of updated 30% Construction Drawings and OPC to the City to complete Task 1.0. The set of 30% Construction Drawings will consist of the following sheets: Sheet Name No. Sheets Cover Sheet 1 Key Map 1 General Notes 1 Preliminary Paving and Drainage Plans 3 Estimated Total Number of Sheets 6 Task 1.0 Deliverables: Five (5) sets full -size 30% Construction Drawings Two (2) copies of Preliminary OPC _ Kimley -Horn and Associates, Inc. Citywide Drainage - Phase 6, May 11, 2009, Page 4 of 10 Task 2.0 - 100% Construction Drawings: During the 100% Construction Drawings Phase of the project, KHA will provide the following services to the Client: 2.01 Based on the Client - approved 30% Construction Drawings, KHA will further develop the plans, specifications and other supporting documentation which, in the Consultant's professional opinion, are sufficient in detail to convey the design intent, submit for regulatory reviews, and illustrate the scope of construction of proposed site -civil improvements as generally described in the above "Project Understanding and Assumptions ". 2.02 KHA will prepare a storm water management report for the project, including engineering calculations and exhibits. 2.03 KHA will provide an updated Engineer's OPC. 2.04 KHA will submit five (5) sets of 100% Construction Drawings and OPC to the City for review and comment. 2.05 KHA will attend one meeting with City staff to discuss review comments of the 100% Construction Drawings. 2.06 KHA will address one round of reasonable review comments from City staff, and revise the plans as deemed necessary by the Engineer. 2.07 KHA will resubmit five (5) sets of updated 100% Construction Drawings and OPC to City to complete Task 2.0. The plan set of estimated sheets for the 100% Construction Drawings may consist of: Sheet Name No. Sheets Cover Sheet I Key Map I General Notes I Paving, Grading and Drainage Plans 3 Paving and Drainage Details 2 Pavement Marking Plans (Intersections) I Estimated Total Number of Sheets 9 Task 2.0 Deliverables: Five (5) sets full -size 100% construction documents Two (2) copies of updated OPC Two (2) copies of Storm Water Management Report Task 3.0 —Regulatory Assistance: Based on the Client- approved 100% Construction Drawings, KHA will prepare permit and plan review applications with supporting documentation, forward these to the Client for signature, and subsequently submit these along with checks for the approval fees (to be paid directly by the Client) to the following regulatory agencies for review: = Kimley-Hom JOE" _ and Associates, inc. Citywide Drainage - Phase 6, May 11, 2009, Page 5 of 10 3.01 Miami Dade County Department of Environmental Resources Management (DERM) Water Control Section - For review of storm -water management calculations and plans. 3.02 City of South Miami Public Works Department — For review and approval of work within City right -of -way, and issuance of construction permit. After plans are received from the above regulatory agencies, KHA will address one round of reasonable review comments, revise the plans as deemed necessary by the Engineer of Record, and resubmit them for approval. Once plans are approved, KHA will upgrade the permit documents produced in Task 3.0 above to full Contract Documents. Payment of permit fees, plan review fees, connection fees and impact fees are not included in this scope of services. Once plans are submitted for approval to the above regulatory agencies, any comments or revisions to the plans requested by City staff or others will be addressed as an additional service. Task 4.0 - Bid and Award Assistance: During the Bid and Award Phase of the project, KHA will provide the following services to the Client: 4.01 Prepare technical specifications for the project components described in the "Project Understanding and Assumptions". 4.02 Assemble Project Manual (Bid Document) using "front -end" documents provided by the Client in Microsoft Word format. 4.03 Provide bid form with list of pay items and quantities. 4.04 Provide sketch of Project Sign 4.05 Attend pre -bid conference after project bid is advertised by the Client. 4.06 Respond in writing to bidders' request for information (RFls), not to exceed 10 RFls. Additional RFIs will be responded to as an additional service. 4.07 Attend one Bid Opening meeting. 4.08 Tabulate and evaluate bids received, check references of responsible lowest bidder and make recommendation based on the City's defined criteria. 4.09 Assist in obtaining and reviewing the documents needed to execute the contract between the City and the contractor. Task 5.0 — Construction Phase Services: During the Construction Phase of the project, KHA will provide the following services to the Client: 5.01 Prepare agenda for pre - construction conference. 5.02 Attend one pre - construction conference with Client and Contractor and provide meeting minutes. Kimley-Horn Citywide Drainage - Phase 6, May 11, 2009, Page 6 of 10 and Associates, Inc. 5.03 Review and make recommendations with respect to shop drawing submittals from the Contractor. Shop drawings to be submitted by the contractor and reviewed by KHA will be specified on the Contract Documents. Additional shop drawing submittals not specified by KRA will be reviewed, if requested, as an additional service. Shop drawings will be reviewed for conformance with the Contract Documents. 5.04 Respond in writing to requests for information (RFI) from the Contractor, not to exceed 10 RFIs. Additional RFIs will be responded to as an additional service. 5.05 Visit the site periodically to observe the progress of construction and its conformance with the Contract Documents. KHA will provide field visit reports within 48 hours of having visited the site. It is assumed that the duration of construction will not take longer than three months. During those three months, K.RA will visit the site an average of.three (3) times per week, not to exceed a combined total of 39 site visits. Additional site visits, if required, sball be performed as an additional service. 5.06 Review monthly progress payment applications from the Contractor and make recommendations as to the amount and the percent of completion of the project. It is assumed that no more than four (4) monthly progress payment applications will be reviewed. Additional payment applications will be reviewed as an additional service. 5.07 Review reasonable requests for change orders (RCOs) from the Contractor and make recommendations to the Client. It is assumed that no more than ten (10) RCOs will be reviewed. As part of the lump sum fee, KHA will review and provide recommendations pertaining to additional RCOs, but only if these resulted from errors and/or omissions on the part of KHA. Reviews of additional RCOs relating to unforeseen conditions are not included in this scope but may be provided as additional services. 5.08 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. 5.09 Visit the site one final time to close out punchlist items. 5.10 Review density test results, as- builts, and other closeout documents specified in the contract documents and submitted by the Contractor. 5.11 Review final Application for Payment from Contractor and submit Certificate of Completion. Task 6.0 — Topographic Route Survey: Perform Topographic Route Survey of the above referenced roadways. The route survey will include the following: 1) Survey baseline 2) Rights -of -way, centerlines and lot lines 3) Full right -of -way 4) Invert elevations, pipe directions, diameter and materials (if visible) for all underground sanitary and storm sewer structures within the project limits. Klmiey-Horn Citywide Drainage - Phase 6, May 11, 2009, Page 7 of 10 and Associates, Inc. 5) Grade cross sections every 100 feet or at grade breaks (high and low points along the road) 6) Radius of return at each end and at side streets 7) Trees by diameter 8) Provide 5 signed/sealed hardcopies and CAD files @ 1:20 scale (5 sheets). Five (5) sets of the survey drawings are to be provided signed and sealed by a Professional Land Surveyor registered in the State of Florida. Electronic AutoCAD drawing (dwg) files of the survey drawings are also to be provided. The Topographic Route Survey scope of services is to be completed by Robayna and Associates, Inc. The sub - consultant's fee proposal is attached in "Exhibit B ". Task 7.0 — Geotechnical Services: Perform four (4) SMVID Constant -head, Usual Open Hole Tests within the project limits. Provide the test results in a percolation test report. The Geotechnical Services scope is to be completed by Tierra South Florida. The sub - consultant's fee proposal is attached in "Exhibit B ". Task 8.0 - 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. Environmental engineering 3. Traffic engineering and design 4. Roadway design 5. Design of public infrastructure improvements other than storm water 6. Improvements outside the limits of the project 7. Landscape architecture 8. Design of systems to harvest rainwater for irrigation 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" ��Kimley -Horn Citywide Drainage - Phase G, May 11, 2009, Page 8 of 10 _ and Associates, Inc. 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. City of South Miami drainage atlas and /or as- builts 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 7.0 of the Scope of Services for the lump sum fee of $84,970.00 and as shown in the table below. 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. Task Description Lump Sum Fee 1.0 30% Construction Drawings ....................... ............................... $16,000.00 2.0 100% Construction Drawings ....................... ............................... $9,000.00 3.0 Regulatory Assistance ................................... ............................... $1,800.00 4.0 Bid and Award Assistance...... ................ ............ ........................ $8,9.00.00 5.0 Construction Phase Services ....................... ............................... $30,300.00 6.0 Route Survey ........................... ............................... .....................$16,200.00 7.0 Geoteehnical Services . ............................... $2 770 00 TOTALS $84,970.00 ®� Kimley -Horn Citywide Drainage - Phase 6, May 11, 2009, Page 9 of 10 011 _ and Associates, Inc. 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. 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, IIMLEY -HORN AND ASSOCIATES, INC- r7> A — Aaron E. Buehler, PE Vice - President /Associate Agreed to this day of , 2009 CITY OF SOU'T'H MIAMI Approved by: Date: Juan E. Jimenez, P.E. Project Manager /Associate M: \Marketing\South Miami, City of\City Wide Drainage Phase 6 \Scope.2009- 05 -04.Citywide Drain Pha 6.doe cm W x H d E� F `I O u � QC G C E P M d � 9 � a a y de a` W � a R` d a ry `dude w U 4 ` 4 W O a Oy O O O l� h W wwwww ww �n v� O O O O O O O a O W 6A a w w w wa cs w w O O O O O Vl O Vl OO ro� O m ^1 E• �° e v .a _ r°i » w w w w w w mR�yo M � i V _ w w 0 0 0 o a o 0 0 V N cN O O O O O O 69 Ni F+ N b Q u CI aWV UE.P N y a 0 0 0 0 0 0 L F W U w w 0 0 0 0 0 0 w w a o 0 P Vi N V �D h O O N w y u Vl W lw (Ci O Vf N Vl O r O O h o ON M w w w C o y o i = a G .5 0 a Q R x F d d V Cam^ R p y q P Ci d F 'a a y y. U V2 C y y R u m-.a W U HG #�v yz Kimley-Horn Citywide Drainage - Pbase 6, May 11, 2009, Page 10 of 10 and Associates, Inc. Exhibit "B" Sub - consultants Fee Proposals May 11, 2009 Mr. Juan Jimenez, PE Kimley Horn and Associates, Inc. SENT VIP. E-MAIL TO Juan Timene— Qkimley- hom.com Re.: Route Survey Project at the City of South Miami For SW 59 Ave. from SW 80 St. to SW 74 St. and SW 74 St. from SW 59 Ave. to SW 58 Ave. Dear Juan:. As per our discussion today we are hereby modifying our proposal to a lump sum fee for the services included herein: 1- Perform route topographic survey of the above corridor of SW 59 Ave, from the centerline of SW 80 St. to the North right of way he of SW 74 St., then continue East along SW 74 St, to the East right of way of SW 58 Ave., approximately 2700 LF of road right of way. This survey will include locating all improvements within the right of way of both roads. Trees within the public right of way will be located. 2- All inlet and manholes structures will be located and inverts will be obtained with direction and size of pipes where visible. 3- At intersections locate the intersecting road to the limit of the extended right of way line of the surveyed road. Locate and give station to the intersection point for control purposes. 4- Vertical control will be brought to site from closest monument, and horizontal Controls will be based on adjacent existing plats and established rights of way. 5- In addition to the elevations at the location points, where thou total station readings are obtained, we will obtain shots on the centerline every 100 feet and do cross - sections at the approximate location of the high and low points of the road. These cross - sections will include shots at the centerline, edge of pavement, top of curb if any and back of sidewalk. 6- Prepare survey drawing at scale of 1 " =20' We propose W do tswork for a lump sum fee of Sixteen Thousand Two Hundred dollars ($16,200.00). yours, AND ASSOCIATES, INC. PE 5929 NW 1581' Sheet, Miasoi Lakes, Florida 33014 ` Tel,:(305) 823.93167 Fax(305) 823 -1569 Revised May 6, 2009 May 1, 2009 TO: Kimley -Horn and Associates, Inc. 1691 Michigan Avenue, Suite 400 Miami Beach, FL 33139 Attention: Mr. Juan Jimenez, P.E. SUBJECT: Borehole Permeability Tests SW 5991 Avenue and SW 74th Terrace Miami, Florida Tierra South Florida (TSF) Proposal No. 0905 -138 Dear Juan: Tierra South Florida, Inc. (TSF) is pleased to submit this revised proposal for performing Borehole Permeability tests (BHP) at the above reference site. This letter presents our proposed scope of services, anticipated schedule and fees for the geotechnical work. SCOPE OF WORK A total of four (4) Borehole Permeability tests will be performed at locations provided by you. Prior to drilling at the project site, TSF will notify the local utility companies and request that underground utilities be marked. Our experience, however, is that the utility companies will not mark privately owned utilities. Our proposal assumes that private utility lines will be located in the field by others prior to mobilization of the drill rig. TSF will recommend a utility, line locating service upon request. Upon completion of the field- testing, a report will be issued which contains percolation test results, SCHEDULE TSF will proceed with the work immediately upon approval. With our present schedule, upon utility clearance, the fieldwork will take one (1) to two (2) days to complete. The results can be submitted within a few days after completion of the field test. For our records, please sign and fax a copy of this proposal to our office. Kimley -Horn and Associates, Inc. Proposal No. 0905 -138 COMPENSATION The work will be billed on a unit price basis, at the unit rates shown below. I. Mobilization and Project Initiation Lump Sum $ 350.00 H. Field Work BHP, 4 tests @ $350 $1,400.00 III. Coordination and Reporting Results Senior Technician 8 hours @ $65 /hour $ 520.00 Senior Engineer 4 hours @ $125/hr $ 500.00 TOTAL PROJECT COST: $2,770.00 We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions concerning our proposal, please contact our office. Respectfully submitted, TIERRA, INC. I'I GFESSIONAL SERVICC,AGI2l C,riM'M General Engineering Sert'lccnq THIS A.OREI NrENT made and entered into this day of 4a « 20v' by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and KIMLEY- FIORN AND ASSOCIATES, INC., authorized to do business in the State of Florida, referred to as the "CONSULTANT In consideration of the prertnises and the mutual covenants contained in. this agreement, the CITY agrees to employ the CONSULTANT for a period ending on Deeembc r 31, 2011 ; and the CONSULTANT agrees to perform all professional, services in connection with the WORK, as described herein., on a continuing basis in conneetion 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 - GE -NEIUL PROVISIONS:. 1.1 The CO ULTANT may be issued a Notice to Proceed to encompass the entire Basic Services, a N€ s 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 performedd by other professional consultants or for other miscellaneous engineering services that, may be, requited, 1.2 A Notice to Proceed will be issuer] on art as needed basis at the sole discretion of the Cf]. Y. 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 aft 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 play be publicly solicited. hythe, CITY outside of this agreement, 13 The CITY will confer with the CONSULTANT before: any Notice to Proceed. is issued to discuss the, scope of the WORK; the tittle 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 wilt be made for the CONSULTANTS time arid services in connection with the preparation of any proposal. 1.5 The CITY agrees that it V +ill furnish to the CONSEJI TANT plans and other data available in the CITY files pertaining to the WORK to be perforated under this agreement promptly after each Notice to Proceed, 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly cheer each meeting at which their.presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City 1�4anager shall examine the documents submitted by tike CONSULTANT and shall tender 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, f .8 The CITY agrees to issue all directives and approval in writing. SIc:CTION 2 - EROFESSIONAL SERVICES 2,1. (cnenal Frigghleering Services The professional services to be provided by the consultant are as follows: A. Roadway Engineering to include streets, sidewalk, curb, gutter, d>ainage, associated traffic control devices, stripping, fighting, irrigation, speed reduction devices and incidental landscaping, B. Drainage Destz: 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 need.0 to prepare remedi.acion plans to mitigate underground stotago tanks, hazardous waste materials and asbestos materials. S, Traffic engineering Services mil include daily volume counts, data analysis, preparation Of conceptual improvements plan, preseait reports and recommendations to stakeholdets and preparation of fiscal trafSc engineering report, F. Other incidental services associated to the above uterus. 2.2 Basic Services The Basic Services, fordosign and construction, consist of six (i phrases described in paragraph 2.2.1 through 2.2.6. 'file scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the; CfTY, the CONSUL TAN'T 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 a€-ch tectural or ,W- 011te0tr €r"al CONSULTA:7NTS to assure a coordinated and complete WORK, The lead CONSULTANT as designated by 1'roressicnat Scrvics Agrccnfcnt Gcnem hnghiocring services Dccernber 2008 Page 2 or 17 the 03Y shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase l- PrellminarV and Schematic Design., A. The CONSUL 'AM' shall confer with representatives of the CITY and the using agency to determine the full scope Of the Project that wi.@I meet the program requirements, and shall advise the CITY if, in the CONSULTANT'S opinion, the allocated funds are adequate to accomplish the program requirem6rits. B. The CONSULTANT shall use proper and adequate dcsign control to assure the CITY that the program. requiren?enm will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic. Report, comprising of. the Project '1'irnetabie (Master Schedule -), Planning Summary (unless advised othe"vise), 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 thtbugh design, bidding, construction, and proposed date of completion. E. The Planning Surnrn41Y (unless advised Otherwise) shall consist of a vicinity plan and blow- up of "the Site (if applicable) showing t ?rnjeet orientation, and a brief summary of all pertinent planning criteria used for the Project. R The Scllernatic Dcsign Studies (unless advised otherwise) shall consist Ofall lzlans, elevations; sections, ttc. 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 ph thereof rwy be provided to further show the design CoaiCa pt. G. The CONgUL`i'ANT shall present the Schematic design studies to tho appropriate Boards for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to tine Board at no additional. cost-to City. ll. The CONSULTANT shall present the schematic design studies to all the appropriate utiilty companies (such as rPL, Soutlreln Bell, Dynamic Cable, MDWASA, etc) for any conflict with their Utilities, The Statement. of Probable Construction CO-5t Shall include estimated cost of the Project including, fixed equipment, prol`essional fees, contingencies (if ally), escalatiola factors adjusted to the estimated bid date, movable estimate (if any), and utility service extensions (if ProC4'SS1(fl�at SFrYice5 Agreement Ommal E?ngincoing ScMccs rk =ember 2bUS 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 CONSULf'ANT'S best judgement as an experienced and qualified profess opal engineer, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of'all documents requked under this Phase_ without additional charge, for approval. by the CITY and he shall not roeeed. with. the next Phase until directed by the CITY. 2.12 Plnase fStudv utd Desirt Derlo men A. From the approved Schematic Design documents, the CONSULTANT shall prepK , 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 construet'on and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timaembte (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 tine 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 it all times monitor the Probable Construction Costs to snake certain they remain within the total allocated budget. A Notice to Proceed to Phase Ill. will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated fiends. 2.2,3 Phase llf Final Design I Construction uocuments mel'elopmelIL; A. From the approved Design Development Documents, the CONSULTANT shall: prepare Final Construction Documents setting forth in detail the requfremenis for time construction of the Project including; the Proposal (Md) Form and other necessary infbariation f`or 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) forams, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all, existing City Specifications, for completeness prior to use and shaft supply all needed additional specifications. B. The Construction Documents shall be prepared in a maauzer that will assure clarity of 11ncwork, notes, and dimensions, when the documents are reduced to 50% of their sire. All E'rafa53oija1 Serxicrs Agm- Ineiit Ges¢ral Gr4ginMriD9 SOMCe5 peeped of t7 drawings shall be on 24" x. Its" paper ( "D" size)., oil the City's stan4mrd sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and. electronic media is a mutually agreed upon electronic format, but.gcneraily as follows: I. Non - drawing submittals in. Microsoft OfFec format. 2. Drawings in AutoCA.D format. 3. G1S files should be in ArcVicw format Version 3 D. When the development of the (11— M'ings has progressed to at least 50% completion in Phase 19, the CONSULTANT iyttll subinit two (2) copies to the CITY for apprt�val, vVithout 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 f=actor, changes in requirements, or general market conditions and an updated Project Schedule. & The CONSULTANT shall not_pmceed with the further develo ment until a royal of the 500/" documents is reeeived 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 caixtpiction of Pitase III will not be iswcd if the latest Stiltenaent of Probable Construction Cost exceeds the total allocated funds, unless llte 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 Citec k Set of drain %ngs; Specifications, reports, programs, etc., without. additional charge, for a final review and comments or approvals. II. The CONSULTANT shall make all the necessary presentatlons 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 snake all required changes or additions and resolve all questions resulting from paragraph 1 °1 if the changes or additions do not aster the scope of the project as determined under paragraph 2.23 A. The 100% complete Check, set shall be returned to the CITY. [Jpoll final approval by the CITY the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drlvvine� and sr�ecif[cations,. for bidding purposes, unless instructed otherwise. J. 'fhe CONSULTANT shall arrange for "dry runs" and/or make final submissions to appropriate autilorities (regulatoty agencies to include and not liinited to City, County, State or Federal) as necessary, to ascertain that the construction documents nut the necessary RR4056ry1111 SL`NIQ[, hlrGe€n4nk omcni rsnginmling Sc -iLes December 2008 Page 5 of 17 requirements to obtain all the nec "%ary+ permits for eonstruetton. CONSULTANT shall respond to all technical questions from regulatory agencies. CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Ne ratiati�s�t. A. Upon obtaining all necessary.approvals of the Construction Documents, and approval by the CITY of the latest Sta eractIt of Probable Construction Cost, the CONSULTANT slsall ftrstiislt the drawings and specifications as indicated above for bidding and assist the CITY in obtaining bids aid awarding and Preparing construction contracts. The CONSULTANT shall attend all pre bid conferences. The CONSULTANT shall be present during the bid opening. and as part of his assistance to the CITY svill tally, evaluate and issue a recamnlendatiorr to the CITY after verifying bond, insurance docurnents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda through the CITY as approprlate to clarity, 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 its developing qualification criteria, review quaIrfieations of progpPctive bidders, and recommend acceptance or rejection ofthe prospc dive bidders. D, If (lie lowest responsible Base Bid received exceeds the `rotal. Atlocated .funds the CITY MIT 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 aso ohange in the Project, or 1 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 Lmv. NOTE : Under items (2) al?o1e, the COt3St]I TANT shall, without additional compensation, assist the CITY in obtaining re -Bids, and awarding the re -bid of the project. Under freer (3) above, the CONSULTANT shatll, without additional compensation, modify the Construction Documents as ncecssary to bring the Probable Construction Cost within th.c Total, All.ocated.Itunds. when. the lowest responsible bid is over 15% of the CONSULTANT estimate. E. 1-br the parpo.5e vfpayntent 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 maids by the CITY does not constitute cancellation of the project.. 2.2.5 Phase V — t `gneral Adminisu,ttion o('the Constrtictioa_Contract: � 1'rn£>x ;5i4mSE 6vcvic�'s A�ru:m�ikt Crcnccid F:npinccr'sng ierviec5 Ucccmhcr 200 Page 6 of 17 A. The Consti-liction Phase will begin with the nsvard of the Construction Contract and will end when the Contractor's final. Payment Certificate is approved. and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during, the Construction Phase, shall advise and consult with the CITY and shall have authority to act ern behalfof the CITY to the extent provided in the General Conditions and as modified In the Supplementary Conditions of the Construction Contract. C. 'file CONISUf TANT shall attend pre- construction nleeti1l95. D. The CONSULTANT shall at all times have access to the project . wvherever it is in prcpataCc or progress. E, The CONSULTANT shall visit the site at least wveekly gild 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 CONSUUrAlw'1' may be required to provide continuous daily on -site observations to check the quality or quantity of thie WORK as set forth hi this Agreement and defined by the Scope. of �VORK issued for [lie individual project. On the basis of the on -site observations, the CONSULTANT Will advise the CITY as to the progress of and any observed detects and deficiencies in the WORK immediately in Writing. f. 'rhe, CONSU'1.TAN *r shall furnish the CITY witit a writtett report of all observations of the WORK made by him during each visit to the WORK.- He shall also note the general status anti progress of the WOR , and shall submit san'te 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 out observations at the site and out the Contractor's Payrilent Certificate, the CONSU1 TANT shall determine the amount due the Contractor on: account and he shall, recommend. approval of the Certificate in such amounts. The recommendation or approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, he certifies to the CITY that the \WORK has progressed to the point indicated, and the Quality of the WbRK is in accordance with the Contract Documents subject to: 1. an evaluation . of the WORK For confl>nnance ,vith the contract documents upon substantial. completion. 2. the results of any subsequent tests required by the contract documents. 3, minor deviations fmm the contract documents correctable prior to completion and acceptance of the pro }ect. proiwsionat 3miccs Agreement 0e1een1 El)g leering serviecs Deceaober 2008 Puce, 7 of 17 H. The CONSULTANT shall have an affinm:ative duty to recommend rejection of WORK, which does not conform, to the C;ontraa Documents.. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the Contract Documents, he will have authority (wide the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract wh6ther or not such WORK has been Clbricated and delivered to the Project,. or installed and completed. I. The CONSULTANT shall promptly review and. approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance with the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concur -once with the CITY. J. 'rho 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 obsewations. K The CONSULTANT shall exatn'trre 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 WOP,k required to be corrected by the Contractor shall be prepared by the CONSULTANT in conjoinction 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. Ile shall obtain, from the Contractor all w>. +anantics, guarantees, operating and maintenance manuals for equipment, releases of lion, 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 CONSULTANNT 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 ofthe praiect. IvL The CONSU 'IANT shall provider the contractor witls three sets of ohawings labeled "Construction Plans" for permit from Public Works, 22.$ 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 tiro implementation plait of all the required invintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANt Snail TUr1115n to ttie t I r Y re rgtauctulc ruuru ue' Pyl9t J u}uauou .a.0 on Information furnished by the Contractor: such drawings sfiall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any a aantee period or tite sikth month whichever is earlier and report any PWestionni Seivim Agm emit orsncral 0naineering Services D=C nbcT 2008 rage 8 or 17 defective WORK in the Project under terms of the guaranteekvarrantics for cort=tion. He shall assist the Cfl'Y with the administt:atio„ of guarantecfwvarranties for correction of defective WORK that rnaay be discovered during the said period. D. The CONSULTANT shall furnish the City with Documents" chat tvilj include as a minimum a copy of- Ceri0cates of cornpiction, o As-Rui Its (112 size) b Test Results Daily construction inspection reports + T ?rogress meeting minutes Approved shop drawings Warranty manuals as applicable • Final release of liens • Final payment to contractor. 3 -ring binder labeled "Close -out 23 Additional Professional Scrviees 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 scrvices which may be authorized w%ojChin the scope of Work given the CONSULTANT, A. Special analysis of the CITY'S needs, and special programming requirements fo3• a project. B. Financial feasibility, life cycle costing or other special. studies. C. Planning surveys, sl[e evalrrat'rUns, or comparative studies ofprospective 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 (exeiuding utilities) or facilities or to Make measured drawings thereof, or to verify the accuracy of drawings or other inf "gn,rfktiOl) furnished by the CITY. F. Professional detailed PMsthnatcs of Construction C "ost consisting of quantity surveys itemizing all material, equipment and labor required for a Prgiect. G. Consultation concerning replacement of any WORK damaged by fire or other cause during construction, and furnishing; professional services of the type set £bill, 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.. Pra£m5sia3aal $Cmiees Agrccment ocneral Brsinwrings(l),; ca Decambar 2608 Page 9 of 17 H, Professional services made necessary by the default of the Contractor or by major detects in the WORK under the Construction Contract, providing the cause is found by the CITY to be othur than by fault of the CONSULTANT. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and arc due to causes beyond the control of the CONSULTAN,r, (AMajor revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services ofatte 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 CI"I °Y or the Contractor's Requisition for Finat Pmynaen,t, c wept as other vise 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. S:I'aC'ii'TON 3 - T111•i'1C I+O:I2 C'Oh7iI'1.�C'I'[ON; The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written/ Nutic•e to Proceed frwti 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 tine 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 Q - BASIS OF COMPENSATION `Cho CONSULTANT agrees to negotiate a "not to exceed fee or a fixed, sure fee for each. of the WORK assigned to,hinv based on the Scope of such WORK. Upon agreerneut of a fee, the CITY will issue a. written, authorrl tntion to proceed to the CONSULTANT. In ewe of emergency, the CITY resery =es the right to issue oral authorization to the CONSULTANT, with the understanding that, written confirmation will follovxr immediately thereafter. Vor reproduction of plans and specifications, beyond the requirements as identified: under Section 2- Professional Services the CITY wil I pay the direct costs. The fees I`ur Professional Services for each of the WORK shall be, determined by one or the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. Profmioaaat Scrvtcz5 Arrwncnt Gr-ncrat rvrgtnccriag, Services Docrdnbcr 2608 Page: 10 of €7 k A fixed slnit; The fu fUr a t tsteol a: scope of wor(. inay be fixed sum as mutually aigrecd upolt. by tlse CITY and the CON, NSULT `NT; S. Hourly c!te t'ee:. The CI'1`i' agrees is pay, and the CO+1St1LTA �iT agrees to accept, for the soneices rendered pursuant ttz this Agreement, fees in accorditt cP with the Njovvil_ig C a I'itrcipatl. Proj =t Ik allagor Engineer construction Ivlaltager constxuction.inspecii0 a. Sinior .Dtaiism�n!'i'e?(izticml(�.IY L�I�`tl�eratQr Drat smod I7afia.l�recessin�;! C'lerictt:� Ile uric +.ante s t� /ell include al'.INyages, banefits, oyerhead ancl:pr4#tt, . 15% leoolxn l:lpur .v Date $ 204.00 $ 160.00 $ 125.00 $ 102.00 $152.00 $ 81.00 $ 76.00 $ 65.00 $ 52.00 par €t i1 pa$imelzts to the C4l1 ILTt1I�7 for sll atstllprid'v'C7l It Ith. For 4eSt n and cotes €t'UOU u 151.tijeots wbtl'e fee fot each pleas : aggigate, nq! exac ed :tt�-per9entit e of tlaestiinate {: tafal B ile Tire Cf NSTTL t Ah7 shall uUrittt ail or in�l involce to fhie c-i s vr?jeet~YCM Pnr *ye: 'Elie itv_oic¢shal[cnntaiu tt? o ':�ri17�`�'3i?�infr�t�.iiatian.: 1. Ttld gthoo ;of the invoices, submitted shall be flail £tl$ 90ig duo fot WORK. pe -46 n,etl.to: dad as 64diRi d flie:Ct?IdSt)I,L L. N 2: Ths r tttiese %s payno-et t.ski (I include tlse fatlw� PgJnlornlatirti< a. 1�r6�CGt ltlani� . M1 b. Catat- Cont<ac arraut�t {Gp �tStllsTtS�ll I lllrip sure negotiatd.ttpsct ilmit:fees) c, ereei }f oi'1aor� completed: d. Amount caused. C. Amount previously bitted. f. Due this invoice. g. Balance remaining h. Summary of work done this billing period. 1. Invoice numberanti datc. 3. Upon request by the CITY the CONSUL'TA.NT shall provide the CITY with. certificd'.payroll. data for the WORK, reflecting salaries and hourly rates. SEMON t - RIGHT OF DECISIONS All services shall be perforated by the CONSULTANT to the satisfaction of the ,01-Y's representative, who, shall decide all questions, difficulties and disputes ofwhatever nature which. naay arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the chearaaer, quality, amount and value and the representative's decisions upon all claims, questions, and disp'utcs 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 film, he shall present his written objections to the City Manager and shall abide by the decision of the City Ivtanager, 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- OWNE, RSHIPOF DOCUMENTS All reports and. reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall became the prapertp of the CITY without restriction or limitation in connection. with the owner's use and occupancy of the project. hews of these documents without written agreeinent .la:-om the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposures to the CONSULTANT. 't'ti+hen each individual section of the WORK completed under. this Agreement is complete; tiff of the above data shall be delivered to the CITY, S Ia,•M GIN 9 -Ct 1)RTAPPkARAACES. co NJ+TRIINC7f.S" rA.ND RZA:E Nos 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 4vritten authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer 4vlth 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 cotreet such errors and omissions or clarify without added compensation. SECTMIN 9 - i' OT.ICES 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 PrAssima€ Ser0ca Agrecaint Genera€ E•ng'nnxring semi s De=bar 2008 t'sge 12 of 17 communications from the CITY to the Ct3NSUI,TAN'P shall be considered delivemd when delivered by the, CONSC:it; CANT in person or by mail to said CONSULTANT or his authorized representative, SI,C'I'ION llD - AI7l7I'"I` htICaLT S The CITY reserves the right to audit the records of the CON:SULTAN 'T'related to this Agv�ement at. any time during the execution of the WORK and for a period of one year after fi , l payment is n3ade. This provision is applicable only to assignments that are on atinte and cost basis. SECTION 1 l — SUBLE I"ISINC The CONSUL'T'ANT shall not sublet, assign, or transfer any WORK under this Agreement without tine prior written consent of the CfrY. SECTION 12 - WA 21tA.NTY 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 he has not paid or agreed to pay any company or person other than a botta fide employee working solely for t1,0 CONSULTANT any fee, cottunission, percentage fee, gins orally other considerations contingent upon or resulting from the award or making Of this cant( =.Act, For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. SE CTION 13 r TFRniiNA Tif}N OF AGRI<rEMENT It is expressly understood and agreed that the CT t y 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 aceordance with; tile 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 ij - DURATION OF AGREEMENT This Agreement, for the purpose of issuing new WORK shalt remain in full force and effect for a period ending Deoember 31, 2011, although the actual coMpletion of perfonriance 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 - RENE,NVA.L OPTI:O This agreement array be renewed, at the sole discretion of the CITY,1'or an additional period of one year at the end of tha initial period. SECTION 16 , -,,DEFAULT In the event 4eithcr party fails to comply with file provisions of this Agreement, the aggrlcti *ed party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will oniy 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 sulns to the CITY within ten (1.0) days after notice that said sums are due. 1:n the event of litigation by the other parry to enforca tite provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In. no event shall profcsslonal Scav mq Agrtonwnt acncml tnsincering. SeM=5 thconrbcr 2009 [huge 13 of 17 attorney's tees awarded against the CITY exceed 25% of the award for damages. The CITY does not waive sovereign.. immunity from awards of prejudgment interest. SECTION 17 - INSURANCE AND INDEM.NM I±T.CA TION The CONSULTANT shall not commence WORK. on this Agreement until Ste has Obtained all insurance required by the CITY, The CONSULTANT shall indemnify and save the CITY harmless from any and al.l claims, liability, losses and causes of actions arising solely out of a negligent error, omission, or act of the CONSULTANT incident to the perforanance of tite CONSULTANT "S professional SeaviCes 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, Nvhich may result front actions or omissions of the CONSULTr NT's actions, in rery ewing, 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 Stria cotaslrltants, cite 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 deditetible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay As damages for claims arising out of the services performed by the CONSULTANT or any person employed by him in connection «4h, this Agreement. This insurance shall be maintained for three years after completion of the construction and acceptancb 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, r0ritractual liability, scverability of interest with cross liability provision, and persortal irsjuty 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 00ritaitied herein. C. Workinan's Compensation insurance in compliance with Chapter 4-40, Florida Statutes, as presently written or hereafter amended. D. The policies except for SecEion 17 A shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other cvllecti.ve insurance that CITY may have. The CITY reserves the right to request a copy Of the required policies for review. All policies shalt contain a "sevcrability of interest" or "Cross liability" clause without obligation for prantiuni payment of the CITY.. Prorovgioaal Scrvi= APteeneOt iicncruil raiaincerine Servicaa T)ewmWr 2W9 Pigs 14 of 17 E, All of the above insurance is to be placed, with Best rated A -8 or better insurance companies, qualified to do business tinder the laws of the State of Florida. The CONSULTANT shall furnish certificates of insuranec to the CITY prior to the commeneemcnt, of operations, which certificates shall ceariy indicate that the CONSU NANT has obtained insurance in the type, amount, and classification as required for strict eompl.iauce ;with thug Section and that no redaction in. limits by endorsement during the policy tetra, 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. SECT, ION I.8 - ACRE°EMENT- NQT EXCLUSIVE Nothing in this Agreement shall prevent Inc CITY 'lull' employing other CO'ySUI TAN FS to perform the same or similar services, SECTION 113- CODES, , ORDINANCES AND LA�r'S The CONSULTANT agrees to abide and be govetncd by all duly promulgated and published CITY, County, State and Federal codes, ordinances attd laws in efiect at the, time of design which have a direct bearing on the WORK involved on this projea The CONSULTANT is required to complete Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133 (3) (1). SECTION 20 - ENTIRETY OE AGREENI �t N`1' This writing embodies the entire Agreement acid understanding: berivto t the parties hereto, and there are no other Agreements and understandings, oinl 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 waiting arid. signed by both parties hereto; upon appropriate action by the City Commissioners, pnoressionit San =Atr",nevi ©curat E*411ccrtn$Sarvipd Daanlbar Zbrr8 page I of 17 IN WITNESS WHEREOF, this Agroentent isaceepted on the date first above written subject to the terms and conditions so fiorth herein. Authority of Relolutlon No.205-08-12802 duly paased anti adopted by the South 14jami City ConmLssion on DCvceMber 2, 208 Ai-rr-s'n 2-- a (�- —Q-11- �e- � / Maria Mencridez, City Clerk Authority of Resolution No. 39-09-12848 duly passed and adopted by the South Miami City Commission on March 17, 2009 CITY OF SOLIT14 MIAMI W. Ajibola BalogWL, City Manager ATTES'P: CONSULTANF: / �C2ki� STATE OF-tWRIDA ss: Acknowledgement of City of South Nflarni COUNTY OF DADE The foregoing lo.strUment was acknowledged before rne, thisaA .ay d of _ftWJl) 20,oby WARbola Balogun, and Maria Men.endeg, City Manager and City Clerk, respectively of the CITY 01" SOUTIJ. MIAT\41,on behalf of the CITY, who are personally known to j, NO Ublie' State of Florida Print nainc; Conircissiot STATE, 01-FLORIDA ) qs: Acknowledgernesq.t of Consultant COUNTY OF DADS ) I prof4'Ssional ser&= A94xineat Dco=bv 7003 Page 16 of 17 TI f< >rc oin nstruj� nt was ael n uled e Wore agile this G day of� �z 20 7by n �r1 r of �� — ,M l re�h,�If of thS[7LTANT. He is personally known to me or has produced i�& ?, 'tom � as de11613 ttion. Amy M. Lledo ^'x °•' n --COMMISSION #DD681069 ^9' 4 °EXPIRES.' JULY 23, 2011 WWWAAAONNOTARY.com APPROVER AS TO FORM & CON'ITs`N r City Attorney Pmfussianal Smiaos Agrcmm Gcncra! Enejrtombig servim llpcember 2008 Ng o 17 nP 17 Notary PT ie, State of Florida Print q Cornlslission Na: CITYWIDE DRAINAGE IMPROVEMENTS - Phase 6 SUNSET DR Rl9E^ SW 72ND ST ESW 73RD 9 a 0 100 200 300 400 500 600 700 800