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Res. No. 011-07-12396RESOLUTION NO.: 11- 07_12396 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 CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DRIVE IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106 -1726- 536 -3450 AND THE CITY'S ACCOUNT NUMBERS 001- 2100 -519 -3171 AND 124 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 62nd Avenue to US -1, while landscaping, entrance feature and improved sidewalk will be designed for the area from SW 62 "d Avenue to the western City limit; and WHEREAS, the Mayor and City Commission wishes to secure the services of C3TS for profession engineering services for the final engineering design plans and preparation of construction documents for the Sunset Drive Improvements project; and WHEREAS, the professional service will be funded through FDEP grant account number 106- 1726- 536 -3450 will fund $138,000 and the City's account numbers 001 - 2100 -519 -3171 and 124 -1730- 541 -3450 will fund $75,000 and $63,000, 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 C3TS in an amount of $276,000.00 for the Sunset Drive Improvement's final design and preparation of construction documents. Section 2: The professional service will be funded through FDEP grant account number 106- 1726- 536 -3450 at $138,000 and the City's account numbers 001 - 2100 -519 -3171 and 124- 1730 -541- 3450 will fund $75,000 and $63,000, respectively. Section 3: The attached exhibit is incorporate by reference into this resolution. LA PASSED AND ADOPTED this 4f day of , 2007. ATTEST: ) ROVED. 3 CLERK MAYOR READ AND S TO FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea is yor Wiscombe: Yea Commissioner Palmer: yea 1CiT'Y`-AfiT RNE Commissioner Birts: Yea Commissioner Beckman: Yea Inclu i e Name and Pa #h South Miami AHmeaiea0fiv I 1 ,N CITY OF SOUTH MIAMI 1111. 1927 OFFICE OF THE CITY MANAGER t O Rte INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor & Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: February 6, 2007 Agenda Item No.: So 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 CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR FINAL DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR SUNSET DRIVE IMPROVEMENTS IN AN AMOUNT OF $276,000 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106- 1726- 536 -3450 AND THE CITY'S ACCOUNT, NUMBERS 001- 2100 -519 -3171 AND 124 -1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to approve professional service work order for Sunset Drive Improvements' final design and preparation of construction documents Reason/Need: As the City's engineering consultant for the Downtown Improvements consultant (via attached resolution number 101 -02- 11450) and as one of the City's professional general engineering consultants, C3TS will provide final design plans and preparation of construction documents for infrastructure improvements along Sunset Drive from western limits of City to US -1. The proposed ' design plans will be consistent with the Master Plan adopted via resolution- #: 214 -06 -12355 on November 28, 2006. The project will be designed in 4 phases (4 different sets of plans) and each phase will be constructed as-funding becomes available. Cost: $276,000.00 Funding Source: FDEP's grant account number 106- 1726- 536 -3450 will fund $138,000 and the City's account numbers 001 -21d0 -519 -3171 and 124- 1730 -541- 3450 will fund $75,000 and $63,000;- resp6ctively. The current account balances are: • 106 - 1726- 536 -3450 - $800,000 • 001 -2100- 519 -3171 - $75'3000 • 124 -1730 -541 -3450 - $264,800 Agenda Item No.: C3TS Agreement for Sunset Feb. 6, 2007 Backup Documentation: ❑ Proposed Resolution ❑ Adopted resolution number: 101 -02-11450 ❑ Adopted resolution number 214 -06 -12355 ❑ C3TS' Work Order for Professional Services ❑ C3TS' Professional General Engineering Service Agreement Page 2 of 2 RESOLUTION NO. 101-02-11450 A RESOLUTION OF THE MAYOR. AND CITY CONMUSSI.ON OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL ENGINEERING, ARCHITECTURAL & LAND STJRVEYING SERVICES AGREEMENT WITH NUMBER ONE RANKED.. FIRM OF CORZO CASTELLA CAR13ALLO THOMPSON SALMAN, P.A., FAILING THAT WITH THE SECOND RANKED FIRM OF KUNDE SPRECHER & ASSOCIATES, INC., FAILING THAT TO 'THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS, INC. FOP, THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami, Florida, desires to retain a qualifier] professional engineering, architectural and land surveying firm for the Downtown Infrastructure Improvements; and WHEREAS, pursuant to Florida Statute 287.055 the City published a notice for Letter of Interest and Qualification for Professional Engineering, Architecture and Land Surveying Services; and WHEREAS, the City received a total of eleven (11) responses as .a result of the published notice; and WHEREAS, the City having followed the requirements established by Florida Statute 287.055, Acquisition of Professional Services for Architects and Engineers, recommends three top ranked firms in order of preference. NOW, THEREFORE, BE IT DULY RESOLVED BY THE. CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section L The City Commission approves the recommended ranking of the three top ranked firms as follows: • 1. Corzo Castella Carballo Thompson Salman, P.A. 2. Kunde Sprecher & Associates, Inc_ 3. Bermello Ajam l & Partners, Inc. Section 2: That the City Commission authorizes the City Manager to negotiate an agreement for Professional Engineering, Architecture & Land Surveying Services,-for the Downtown Infrastructure Improvements with the first ranked firm. Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked firm the City must formally terminate the negotiations and undertake negotiations with second ranked firth, failing that undertake negotiation with the third ranked firm. t Res. No. 101 -02 -11450 Section 4: That the negotiated professional service agreement ".be brought back to the City Commission for approval. PASSED AND ADOPTED this 23rd day of JulY , 2002. ATTEST Ronetti Taylor, City Cl Julio Robaina, Mayor Commission Vote: 5 -0 Mayor Rabaina: Yea Vice Mayor Russell: Yea CommissianerBethel: Yea Commissioner Wiscombe: Yea Commissioner Feliu: Yea Resolution on Six Traffic Circles 2 RESOLUTION NO. 214 -06. 1.2355, A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING THE SUNSET DRIVE 1MPROVEMENTS CONCEPTUAL MASTER. PLAN AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NECESSARY STEPS TO IMPLEMENT THE PLAN AS FUNDING BECOMES AVAILABLE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission approved. resolution number 73 -06 -12214 to provide preliminary design (conceptual master plan) for Sunset Drive and the City Hall parking area.; and WHEREAS, in preparing the conceptual master plan, the City staff and consultant held 2 public workshops and presented the project to the City's Environmental Review & Preservation Board; and WHEREAS, the-conceptual plan considered two urban design charrettees that were held in the early 1990's which resulted in the City's adopted "HometowriPlan" Area 2; and WHEREAS, according to the plan, creating a landscaped median will slow traffic: "making Sunset Drive safer for motorists and pedestrians" because "trees accentuate the sense of speed and will cause drivers to slow down," and "Street trees are crucial to the City's image and energy efficiency." NOW, THEREFORE, BE IT RESOLVEDIORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission accep! the Sunset Drive Conceptual Master Plan and authorize the City Manager to commence —implementation of the plan as funding becomes available. Section 2. The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this :'� day of , 2006. ATTEST: . (;- Ck_.._ CLERK READ AND APPROVED AS TO FORM: C ORNEY APPROVED: MAYO COMMISSION VOTE: 4--0 Mayor Feliu: Yea Vice Mayor Wiscombe: absent Commissioner Palmer: Yea Commissioner Bias: Yea. Commissioner Beckman: Yea G WORK ORDER FOR PROFESSIONAL SERVICES s TO: City of South Miami Public Works Department Engineers 4795 SW 75t" Avenue Architects M a n n e r s South Miami, Florida 33955 ATTENTION: W. Ajibola Balogun, Public Works Director Date: 12/15/06 File: 1929 -26 PROJECT NAME: Sunset Drive Improvements (Western City Limits to US -1) Final Design Phase City of South Miami, Florida_ SCOPE OF PROJECT: Streetscape /Landscape/infrastructure improvements along Sunset Drive from western city limits to US -1, substantially in accordance with Conceptual Design Master Plan prepared by EB0005022 C3TS and approved by City Commission on 11128106.. Proposed improvements from western AAC002142 city limits to SW 62 "d Avenue include landscaping, irrigation, sidewalks and a city entrance feature. The proposed improvements from SW 62" Avenue to US- 1include sidewalks, curbing, drainage, median construction, landscaping, irrigation, paving, street furniture, lighting, signage, pavement marking and signing. The project also includes improvement to the City Hall parking lot and entrance. This roadway is currently an FDOT roadway, and as such, any improvements would need to meet current state standards. The City of South !Miami is in the process of transferring the jurisdiction of this roadway segment from FDOT to the City of South Miami. The design of the improvements will be performed assuming that the transferwill be successfully completed, and therefore the project need not meet state standards. If the jurisdictional transfer is not completed, then the construction plans may not`.meet state standards making the plans unpermittable. SCOPE OF SERVICES: Final design and preparation of construction documents (4 construction plan sets: US -1 to 62 n" Avenue / City Hall / 62" Avenue to west City Limits), specifications, project manual and cost estimates for the various streetscape infrastructure components; streetscape/ sidewalks /street furniture, street amenities (entrance features, fountains and clock tower), roadway and drainage, pavement marking signing and signal modifications, lighting and electrical, and landscaping and irrigation. Services include permitting assistance through MDCPW- Traffic, MDWASD, FDOT (for connections at either end of projeot), South Miami Public Works Department and Miami -Dade DERM Water Control. Our services also include assistance to the City of S Qou, lh Miami in applying for and processing documentation for LAP Certification through the FDOT. 901 i`once de Leon Blvd., Suite 900 Cora! Gables, Florida 33134 305.445.2900 1,800.448.0227 FocsimiEe 345,445.3355 Web Sife. www.c3ts.com Equal Opporh inity Employer W.O. Sunset Drive Improvement (Western City Limits to US -1) December 15, 2006 Page 2 TERMS AND CONDITIONS: All terms and conditions shall be per our General Agreement for Professional Services for Downtown Infrastructure Improvements. Ourfees forthe above services shall be as perthe following lump sum fee schedule: Final Design Phase .................. ............................... .. ........ $276,000 The City of South Miami will be responsible for any permit fees, and these are not included in the above fees. If need be, we can pay those fees and be reimbursed by the city at cost + 10 %. We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed with the assignment. Thank you. Corzo Castella Carballo Thompson Salman, P.A. C F amon astella, P.E. Vice- President RCfer City of South Miami Approved by: Date: LYProjects11929 -00 \W. D- Proposals5 W.O. SunsetDrlmp WCtoU51112006. doc Corzo Castelfa Carballo Thompson Salman, P-A. FEE WORKSHEET DATE: 15-Dec-06 PROJECT: Sunset Drive (Western City Limits to US-1) City of South Miami Final Design Phase: Fee Worksheet - Page 1 Landscaping/Irrigation Sub-Consultant $21,000 $200 expenses $21,200 Reproduction Costs (Submittals and Permitting Printing) $1,850 Total $276,090 Architectural Treatment Plans (8 shts. @ 1 "= 10' & 4 shts. @ 1 5') 8 16 40 60 so City Hall Parking Lot Plans (11" =20') 6 12 36 48 64 Streetscape Details (4 sheets) 4 12 16 24 24 Coordination wl Landscaping, Lighting, Drainage & Utilities 4 12 24 12 12 4 Clock Tower/Entr. features/fountains 12:1 48 72 64 120 Roadway and Drainage Key Sheet 4 8 12 241 Typical Sections (3 sheets) 2 12 36 16 48 Plan & Profile Sheets (5shts @ 1 tl= 20') 12 48 80 160 Double Plan Sheets (4shts @ V= 20') 12 48 -.72 64 48 120 Plan Sheets (City Hall) 1"=20' 8 24 48 64. 120 Special Plan Details (2shts.) 4 12 24 24 48 Special Profiles (4 shts.) 4 16 48 24 36 Cross Sections (4 shts.) 2 12 60 24 48 Notes, Details & Schedules (3 shts.) 12 241: 12 24 Phasing & MOT Plans (3 shts.) 6 12 24 24 361 SL als Pavement Marking, Sicyning & qn PM&S Plan Sheets (7 shts.)_ _ _ 4 16 24 16 48 Intersection Signal Details (3 shts.) 4 24 48 24 60 4 Details and Notes 2 12 12 24 Lighting and Electrical Lighting Level Studies 2 12 24 2 Coordination wl FPL 2 12 24 24 2 Plan Sheets (4 shts.) 2 16 24 24 48 Risers, Notes, Details & Schedules (2shts) B .12 24 General South Miami Coord. and Review Mtgs. 16 8 8 4 Cost Estimates (50% and 100%) a 36 64 36 24 8 Project Specifications 2 12 24 20 Project Manual / Bid Forms 2 12 36 12 Permitting: MDCPW - Traffic 12 36 48 4 8 South Miami Public Works Dept. 2 4 4 Miami-Dade DERM - Water Control 2 12 12 2 Final Design Phase Sub-Total Hours 142 510 960 700 1168 66 Billing Rate 140 95 75 65 55. 45 Labor Cost $75,880, $48,450 $72,00D $45,500 $64,2401 $2,970 Labor Sub -Totall $253,040 Landscaping/Irrigation Sub-Consultant $21,000 $200 expenses $21,200 Reproduction Costs (Submittals and Permitting Printing) $1,850 Total $276,090 t r 11/09%2006 01:49 30523583Be R©SENBERG DESIGN GP ROSENBERG LAND F.ANNiNG GARDNER 1 "wo" �n cr E AMOUCM DESIGN MEMM i►K� j2neaary 11, 2006 PWAWd: April 26, 2006 Mr. Pvnon Caswft cars 9€ 1 Ponae de L.mon gw%L S" 9W Cord Gabitr, FL_ 33134 Rls: SUNSET DRIVE FROM SW 62°0' AVENUE TO US IJ_ICI ]3(� We appreciate being imAted to partklpete in the design of your propwt located on Seim Drive from the Westem City Hmk to USr in South Kmrr 1, FL Wl !. RosenirerE Gardner Design (RGD) shag provide the folkmmna landscape architeautW services for your project. The Scope of Work Is Planting and irrigation design far medians and sldewalks from SW 6V Avemm to L1S1 and only median planting design between the Western C ky lirnit and SW 6V Avenue, I) Coordinate with Ardhkeds era! Er meets to determine planting opportunitka in the sidewalk ark median wen eiong the coni&r. 2) Prepare a C,0nMptu3l i WdK2pe Develolmnant plan shcrvvirg germ-A pbrit massing and proposed &M sped_ This plan vrill be aoconpwied his a aoat ettinvae, 3) Prep�am a Pbn ft Plan suffident for Pears Org by FDOT err! the City of South Miami. Due its the arT u,.t of data%% nmmssary for m%*w this plan will also be sufficient in detail for W";V and lnLtailation by quar'dW cvrib actom. 4) Prepare an Irrigation Plat► sufident In detail for bidding and instalbdon by qualified contractors. 5) Attend up to three (3) rneadrgs with City stale Commission or FDOT. AiterxW" at additional rneatirgs will be billed ho uriy r =wiled portal to portal. 6) RGD will prepare plans on a %awe site plan provkled by CM. Any charges to RGD's plans required by duftes to the site plat,, shall be billed hourly. Any charges to RGD's plans required as a result of COnVrWft c01 ece , ing our design by rmfew Swards or go ernmant staff, shall be rrrade at no addition/ cost. Sunsd Doft fm SW 62°l Aveaw to US] page 1 Da&; 5194 NW 167 St Sdtc 111 Mimmk FL 33014 fie: 305420 -7M1 Fw. 305-620 -7767 rgdrssigm@bellath.it BxowArit 426 Stam=mt Drive Wevon, FL 33326 Phoxw 954- 349 -3795 Fax: 954 - 349 -3796 1=mc@bdbmrftnd 13/09/2006 01:45 3052358380 ROSENBERG DESIGN GP PACE 03 ROSENBERG LAND PLANNING GARDNER` M mAPEi�RCH�Ci7JRE DESIGN AMERICAN SOCIETY OF LANDSCAPE AKCHrrECT5 7) 0owseeirig will include up to four (4) periodic vh is to the sits to determine, if the work is proceeding ,generally in 0=*rdarree with the Contract Docume :nts. RGD shall not be required to make exhaustive or continuous on-eMe Inspection& to check the quality or quantity of the VMrk and shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the work, and shall not be responsible for any Contractor's failure to carry► out the work in accordance with the Contract Documents. Attendance at adtlltional site visits shall be billed hourly recorded portal to portal. The Client shall prnnride any required site surveys, as -milt drawings, soil tests, as V+tell as architectural and engineering servkms as wired. III. FEES 1) The fee shall be $ 2 1,000 payable as follows: $ 3,000 - upon submission of a Conceptual Plan to they Client Otesrn 1 -2) $12,ODD - upon submission of a Planting Plan to the Client (kern 1 -3) $ 6,000 - upon submission of an Irrigation Mare to the Clierit (item 1-4) 2) Overseeing shall be billed on an hourly basis, at the current hourly ram for RGD personnel. Time shall be recorded portal to portal. Hourly rates are as follows: S I 2 for Pri;ndpai $851hr for WKIscape Architect $65/hr- for DwAgner $45/hr for Staff 3) Reimbursable expwoes shWI be billed at actual cost for plan - reproduction. courier fees, photographs, postage and hanclling, long- distwxm c2ils and any out -of- -town traversing expenses Connected with the project. Prints created in -house by RGD will be dvuVd at $2.DD each for D sine sheets (24"x36 ") and $ 2.50 each for E size shy (30"x42*). 4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT. 5) A tote Payrrowrn Charge of 1.5% per rrronth will be added to all irnoiCes past due. 6) If it becomes neoessary incur collection fees and/or employ the services of an attorney to collect debt, then such fees shads be paid by tha dient. Sunsa Drive flare SW 62"' Av== to US Page 2 Miami -Dade: 5190 NW 167 St, Suitc 11I Miami, FL 33014 Phom: 305 -620 -7781 Fax: 305 -620 -7787 rgdcsipgbellsouth.net 43rmwftr& 4 -76 qM""T r+rt PJAYm.. We einrtw F!:N Phnne.' 954-344 -9791 F'ttx- 9P,4_R44A 06 rsrf 11/09/2006 01:49 3052358360 ROSENBERG DESIGN GP PAGE 04 ROSENBERG LAND MANNING GARDNER - '''RcH 6'�r�c►v�E DESIGN- AMOUCAN SOOM OF LMOSC4KARCHFTECTS ir. ADDIMPMALS01MICES l i Any revisions to our drawings, spocifications or lather domments required as a result of charig ss to base plans or other information or Instructions provided to RGD from the Client or his Architect or Engineer, shall be billed on an hourly bats at our current hourly rates. Arry additional services requested by the Client shall also be blllod on an hourly basis. 2) When RGD is contracrd to prepare p1m for the layout and design of rmAtop hardsagm amenities, plantko and irrigation, the Client shall provides the ser Woes of a structural wgineer. RGD shall mly upon the advice of the angina w for information as to the roof structure's welght bearing capacity, roof dnadnaV, waterproofing ems, am RGD shall not be responsible for the preparation of structural, mechu k2l or efacinical construction plans for the roof top areas. RGD is not responsible for any constnxtion opar:rtlons durft installation of elements designed by RGD that danWe3 the structure, waterproofing or dog drains. This argreement n-► be termirwed by either party upon soma (7) days written notice, in the event of termination. RGD shall be paid its comp ion for service perfonyied to the termination data irrJudirg reimbursable a cpenm than due. The client may not, at any time, use or allow the use of arty work which is Other lncxrmpiete in any respect, or is riot fully paid for, even if compWe. The persans earxuting this agreawrierrt warrant and represent that they are wvthofted to eater into this Agreersem on behalf of the parson or entity for whom they acre signing. We loop fcrwerd to beairig of swvicea to roar. This agreerrrent is m 9=ad this _ day of .2006. ROSENBERG GARDNER DESIGN e- �. Name & Title Printed Sunmt Drive ftm SW 62"d A.v== to LISI Page 3 h iaW i-)ade: 5190 lW 167 St Suite 111 NfiamL FL 33014 Phew, 305 -620 -7791 Fax; 305 -620 -7787 rsdes zu@beliamar kutt Broward_ 426 Stonewwnt Drim Wcskmu FL 33326 Pte: 954- 349 -3795 Fax: 954- 349 -3796 kea>anQ eHsouth net PROFESSIONAL SERVICE AGRFF,�iM General Engineering Services THIS AGREEMENT made and entered into this _ q day of e- " 4x by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida, referred to as the "CITY" and CORZO CASTELLA. CARBALLO THOMPSON SALMAN, P.A., 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 1, 2007, and the CONSULTANT agrees to perform all professional services in connection with the WORD as described herein, on a continuing basis in connection with projects where the basic constructiomcosti does not exceed $50Q,000.00 or studies which do not exceed $25,000.00, herein after called the "SIItVICES ". SECTION 1- UNERAL PROVISIONS: 1.1 The CONSUL'TAN'T 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 aII 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. 1S The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this agreement promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which their presence is required. 1.7 The CITY agrees to designate a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S- services. The CONSULTANT shall keep the CITYS 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 SERVIMS 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, striping, lighting, speed reduction devices and incidental landscaping. B. Drainage Design includes the necessary analysis needed Io implement proposed drainage improvements, preparation of paving and drainage plan for municipal building and facilities. C. Civil Engineering, to include Water Distribution Systems Improvement J Analysis and design and Sanitary Sewer System Evaluation and design, D. Traffic engineering services will include daily volume counts, data analysis, preparation} of conceptual improvements plan, present reports and recommendation to stakeholders and preparation of final traffic engineering report. E. Environmental Engineering, to mcluding, site investigation and design needed to prepare remediation plans to mitigate underground storage - tanks,_ hazardous waste materials and asbestos materials. 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 this 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 ■ Frofewiond Services Ag=mant Ga=m Engiftwdng Saviees Deermb,=2004 Page 2 of 16 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 Desi= 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 CONSULTANTS 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 . 0d Schematic Reports 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 shalt consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, :Qonstruction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. .F. The Schematic Design Studies (Mess advised odwwise) 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, 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. IL The CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern. Bell, Dynamic Cable, NIDWASA, etc.) for any conflict with their utilities. 1. The Statement of Probable Construction- Cost shall include estimated cost of the Project including fixed equipment, professional fees, contingencies (if any), escalation factors adjusted to the estimated bid date, movable estimate. (if any), and utility service extensions (if applicable). The CONSULTANTS opinions of probable Total Project Costs and Profess caM Services Agreement Gr�°ral i?agineariag Services - _. Decmnber 2W4 Page 3 of 16 Construction Cost are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best- judgement as an experienced and qualified professional engineer, familiar with the local con=struction industry and prices. I The CONSULTANT sha.11 submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and he shall nat_groceed with the next Phase until directed by the CITY. 2.2.2 Phase II— Study and Design Development: A. From the approved Schematic Design documents, the C' O' NSULTANT 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 wiffim 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 Rinds. 2.2.3 Phase III — Final Desigg I Construction Documents Development - - A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setimg forth in detail the requirements for the construction of the Project including the Proposal (Sid) Form and other aec:essary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. CONSULTANT shall use Construction Specifications Institute (CST) 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 lineworlc, notes, and dimensions, when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ( "D" size), on the City`s standard sheet format, unless approved otherwise. Professionai S=vlm Agrem=nt General Eogiwe g Services Page 4 of 16 C. All construction documents shall be submitted in both. "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. Non - drawing submittals m Nrcrosoft Office format. 2. Drawings in AutoCAD. format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed fa at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction cast 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%p complete Check set shall be returned to the CTTY. 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 hinds, 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 10095' completion of the Construction Documents, ,the CONSULTANT shall summit 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. FL The CONSULTANT small make all the .necessary presentations to the appropriate CITY Boards (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. L The CONSULTANT at no extra cost to the CITY shall make all rewired 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 2.11 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 24 sets of dmwinn and ificatia at no additional cost to the CITY, far bidding purposes, unless instructed otherwise. • 3. 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 consmicdon documents meet the necessary requirements to .obtain all the necessary permits for construction. CONSULTANT shall • Prnfessiaad Services Agrecmcnt Generza Engineering Services December 20D4 Page 5 of 16 respond to all technical questions from regulatory age4m, . CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. 2.2.4 Phase IV - Bidding and Negotiation Phase: A. Upon obtaining all. necessary approvals of the Consbruction.Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall f nnish 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 -bid conferences. The CONSULTANT shall be present during the bid opening and as part of his assistance to the CITY will tally, evaluate and issue a recommendation 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 qualificatio ciitar* review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. if the Iowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: I . approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. direct the CONSULTANT to revise the Project scope or quality, or both, 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. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an Agreement with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project 2.2.5 Phase V -- General Administration of the Construction Co ftnet: 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. • Pmfemcnai Services Agcrmmt cWt rMgmeeDg S�vic�a tomb= 2W4 Page 6 of 16 B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY 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 at all key construction events to ascertain the progress of the Project and to determine in general if the WORK is proceeding in accordance with the Contract Documents.. On the basis of on -site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on -site observations to check the quality or quantity of the WORK-as set forth in this Agreement and defined. by the Scope of WORK issued for the individual project. On the basis of the on -site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish. the CITY with a written report of all observations of the WORK made by him during each visit to the WORK: - He shall also note the general status and progress of the WORK, and shall submit same in'a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he sball 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. I minor deviations from the contract documents correctable prior to completion and acceptance of the project.. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform, to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure compliance with the. Contract Documents, he will Pmfissioai Smvi=Agreement cvnmal Fnghm&s Service December 2004 Page 7 of 16 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 WORD has been fabricated and delivered to the Project, or installed and completed. I The CONSULTANT shall promptly review and approve :si ap 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. I The CONSULTANT shalt 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 last 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. 2.2.6 Phase VI - Post Constzuction Administration A. The CONSULTANT shall prepare and provide the CITE' 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 CQNSULTANT shall furnish to the CTIY roducible record drawin s updated based an information famished by the Contractor • such drawings shall become the property of the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarai}r �tteelwa mules for correction. He shall assist the CITY with the administration of guaranteeJwarranties for correction of defective WORK that may be discovered during the said period. 2.3 Additional Professional Services • Frofesaond Services Agreement Cvwami Fmgimeering Services Decemher2OO4 rage 8 of 16 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 CTI`Y'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. B. Services to investigate existing conditions (excluding, utilities) or facilities or to snake measured drawings thereof, or to verify the accu7py e. of drawings or other information furnished by the CITY. _, F. Professional detailed Estimates of Construction Cost consisting of quantity surveys iternizing all material, equipment and labor required for a Project. G. Consultation conceming replacement of any WORK. by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Services as may be required relative to replacement of such WORD providing the cause is found by the CTIY to be other than by fault of the CONSULTANT. , H. Professional services made necessary by the default of the Contractor or by major defects in the WORK under the Construction Contract,. providing the cause. is found by the CITY to be other than by fault of the CONSULTANT. I. 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 CI'T'Y 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). 1. The services of one or more full -time Project Representatives. K. Preparing to serve or serving as an expert witness iii -- 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. ■ htf Won4 Services Agreement Csmml Bnp3ee mg Services fiber2004 Page 9 of 16 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 rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this Agreement and shall be completed within the time based on reasonable determination, stated in the said Notice to Pracee& 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 CONIPENSATI ©N 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. Im 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 WORD shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A. A fixed sum: The fee for a task or a scope of work may be wed sum as mutually agreed upon by the CITY and the CONSULTANT: B. Hourly rate fee: The CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement, fees in accordance with the following. .. �Igi�rIy Rate Principal $135 Project Manager $105 Senior Engineer $95 Engineer $75 Construction Manager stbo Constructiaii %spection $55 -' Senior DraftsmanfT'echnicaVCADD Operator $60 DratTsmen $55 Data Processing/ Clerical $40 Hourly rates will include all wages, benefits, overhead and profit. • Professional Services .4pmnwt Gema it Engmcering Services December 2044 Pop 10 of 16 SECTION 5 - PAYMENT AND l'Al M[AL 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 Il. 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. 75% upon 100% completion anal approval of Pleases III and IV. 9€ % upon completion of the Project and approval of all WORK Phase V). 100% upon final completion and approval of WORK elements A •aiid B of Phase VI. The CONSUL'TAN'T 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 WORD performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following infonnation: a. Project Name b. Total Contract amount (CONSUL TANT's lump sum negotiated upset Iimit fees) C. Percent of work completed. d. Amount earned. e. Amount previously billed. f. Due this invoice. g. Balance remaining h. Summary of work done this bring period. i. Invoice number and date. 3. Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. SEMON 6 - PJGH.T 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'whicli `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 our 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 party, in accordance with the Industry Arbitration Rules of the American Arbitration Association. RofmimW Services Av===t r,m, -, i Pie 3enzces December M4 Page i 1 of 16 SECTION fi - OWNERSFIIP OF DOLMMNTS 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. SECTION 8 - COURT APPEARANCES- CONFERENCES AND HEARINGS Nothing in this contract shall Obligate the CONSULTANT to prepare Mr nr 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 of by mail to the- t✓II`Y: Any notices, reports or other coninmWeations 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. SEMM 10 - AUDrr 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 WORD 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 11— Si3BLETTING The CONSULTANT shall not sublet, assign, or iransfe_r any WORK under this Agreement without the prior written consent of the CITY. SECTION 12. WARRANTY 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 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 MY shall have the right to annul this contract without liability. • PWessi=4 S=i= Agreem w - General Engiuzug services T)aoemirer=4 Page I2 of] 6 SECTION 13 - `I'ERAM ATION OF AGREEMEI�TT 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 deteimined on the basis of the WORK performed by the CONSULTANT up to the time of termination. SECTION 14 - DURATION OF AGRFRMFNT This Agreement, for the purpose of issuing new WORK shall remain in full force and effect for a period ending December 1, MM, although the actual completion of puforrnani a may extend beyond such term, or until the depletion of funds allocated for the WORK, or unless otherwise terminated by mutual consent of the parties hereto. SECTION 15 - RENEWAL OPTION This agreement may be renewed, at the sole discretion of the CITY, for a maximum of one two year term at the end of the initial period. SECTION 16 - DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall returns 6 -sums to the MY within ten (10) days after notice that said sums are due. In the event of litigation by the other party to enforce the provisions of this contract, the prevailing party will be compensated for reasonable attorney's fees. In no event shall attorney's fees awarded against the CITY exceed 25% of the award for damages: The CITY does not waive sovereign immunity from awards of prejudgment interest. MM N 17 - INSURANCE AND ll�iUElIMTff'ICATI N 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 CI'T`Y 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 CTTY 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 CONSUL'T'ANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS or Sub - consultants, the registered pro %ssionals under this Agreement. The CONSULTANT shall maintain during the term of this Agreement the following insurance: ■ Froitssimd So -aces Agru=amt GmemilBagkming services D==bw2004 Page 13 of 16 A. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim if any, not to exceed 5 %n 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 hin 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 inmrrance 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 Hmif 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. Workmaes 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 er-plicies are primary over any other collective insurance that CITY may have. The: CITY reserves the right to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. E. All of the above Imura= is to be placed with Best rate4'A -8 or better insurance companies, qualified to do business under the laws of the, State of Florida: ; The CONSULTANT shall famish certificates 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 insur-Ance shall be effective without thirty (ail) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations cinder this Section or raider any other portion of this Agreement SECTION 18 - AGR nEENT NOT EXCLUSIVE Nothing. in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. Pmfessionai Smvices Agemmt Gcnw I Engine. -ring services December 2D04 Page 14 of 16 SECTION 19 - CODES. QBRINANCES AND LAWS The CONSULTANT agrees to abide and be governed by all duly promulgated and published CTTY, 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 ?A - 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 Agreemeht'sliallY be valid unless trade in writing and signed by both parties hereto, upon appropriate action by the City Commissioners. IN WITNESS WHEREOF, this Agreement is accepted on the date flat above written subject to the tezms and conditions set forth herein. Authority of Resolution N6.03-oq- I[l(ov duly passed and adopte(3_hy the City of South Miami City Commission )]_ 0d- -J&,P0 ! ATTEST: r Maria Menendez, City Clerk A STATE OF FLORIDA CITY OF SOUTH MfANII Maria V-OE54A City Manager CONSULTANT: ss: Acknowledgement of City of South Miami t: -m-C dice- P"s10e#;31- COUNTY OF DADE ) t. The foregoing 2nstrxlent was acknowledged before trle this day of 2004 by MARIA V. DAVIS and MARIA MENENDEZ, City I� mager and City ems, respectively of the CITY OF SOUTH M7AMI, on behalf of the CITY, who are personalty known to me. Pmfenicnal Smim Agwmmt Gmrial rMgi Mms s vi= i3erzr bw 2004 Page 15 of 16 STATE OF FLORIDA ) ss: Acknowledgement of Consultant COUN'T'Y OF DADE ) 'Notary Public, Sta of Florida Pint name• �" �5� � � �Li /i� 4 ?.v a CM4. P Y 1iL Commission No: o MW WZa coi~rMMcS= NWREA €lrsoms% MY Cgti,Li1�34N FXP3RE5 F �° (i ocr.2.2005 The faregoin instillment was acknowled before me. this day of .204 b g Y Mcan %rS�ret (a P Of C _ . on behalf of the CONSULTANT. He is personally known to me or has produced as identification. Vtary Public, State of Florida. 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