Res. No. 040-05-12019RESOLUTION NO.40-05-1201 9
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE WORK ORDER TO HJ ROSS FOR SURVEYING,
ENGINEERING DESIGN,PERMITTING,BID AND CONSTRUCTION PHASE
SERVICES FOR THE CITY-WIDE WATER MAIN EXTENSION -AREA 1,IN AN
AMOUNT OF $59,060.00 TO BE CHARGED TO SOUTH FLORIDA WATER
MANAGEMENT DISTRICT GRANT ACCOUNT NUMBERS 106-1710-536-6431 &106-
1710-536-6432;PROVIDING AN EFFECTIVE DATE
WHEREAS,the Mayor and Commission of the City of South Miami,Florida,wish to provide much
needed potable drinking water for City residents;and,
WHEREAS,the Mayor and Commission of the City of South Miami,Florida,wish to use the
professional services of HJ Ross,one of the firms named to the City's approved services list after acompetitive
bidding process,for surveying services,engineering design,bid/permitting and construction phase services for
City-wide Water Main Extension -Area 1;and
WHEREAS,the streets within the boundaries of Area 1 are defined as:SW 58 'Court from SW 78
Street to SW 80,hStreet,SW 78th Street from SW 58th Court to SW 59th Avenue,SW 68n Court from
SW 69th Terrace to SW 72nd Street,SW 69th Terrace from SW 68l Avenue toSW 69lh Avenue,SW
\fh68thAvenuefromSW68thStreettoSW69thTerrace,SW 68th Street from SW 68 'Avenue to SW 69
Avenue;and
WHEREAS,this City-wide Water Main Extension -Area 1,professional services,will be funded
through the South Florida Water Management District grant.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,that:
Section 1:The City Manager is authorized to execute a Work Order with HJ Ross in connection with
the surveying,engineering design,bid/permitting and construction phase services for the City-wide Water Main
Extension -Area 1 project,in accordance with the continuing service contract (attached to and made a part of
thisresolution),inanamount of $59,060.00.
Section 2;This City-wide Water Main Extension -Area 1,professional services,will be funded
through the South Florida Water Management District grant account numbers 106-1710-536-6431 &106-1710-
536-6432,with account balances of $45,000 &$205,000 respectively.
Section 3:The attached proposal,Professional Service Work Order,is made partofthis resolution.
PASSED AND ADOPTED this Y^day of ,2005.
APPROVED:
)CUs V-
MariaMenendez,CityClerk
OVEDASTOFORM:
ATTEST:
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
CITY OFSOUTH MIAMI ffiSrSfcSS
Mill'
Inter-office Memorandum
TO:Honorable Mayor,Vice Mayor DATE:April 4,2005
&CityCommission
.re?FROM:Maria V.Davis IffiM //,/tc AGENDAITEM No'City Manager /w •V^wA!(3 RE:Authorizing the City Manager to
executeaprofessionalservice agreement
with HJ Ross for the City-wide Water
Main Extension,Area 1
2001
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE WORK ORDER TO HJ ROSS FOR SURVEYING,ENGINEERING
DESIGN,PERMITTING,BID AND CONSTRUCTION PHASE SERVICES FOR THE CITY-
WIDE WATER MAIN EXTENSION -AREA 1,INAN AMOUNT OF $59,060.00 TOBE
CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT
NUMBERS 106-1710-536-6431 &106-1710-536-6432;PROVIDING AN EFFECTIVE DATE
BACKGROUND &ANALYSIS:
As one of the City's professional general engineering consultants,HJ Ross will provide surveying
services,design,bid/permitting and construction phase professional services for water main extension
within the following streets:
a SW 58,h Court from SW 78,h Street to SW 80,h Street
a SW 78,h StreetfromSW 58,h CourttoSW 59,n Avenue
a SW 68th Court from SW 69th Terrace to SW 72nd Street
•SW 69lh Terrace from SW 68th Avenue to SW 69,h Avenue
•SW 68th Avenue from SW 68,h Street to SW 69,h Terrace
Q SW 68lh Street from SW 68,h Avenue toSW 69,h Avenue
In addition to extending main distribution pipes along each street,service lines will be stubbed-out to
each property and fire hydrants will be provided along each street for fire protection.These professional
services will be funded through the South Florida Water Management District grant account numbers
106-1710-536-6431 &106-1710-536-6432,withaccount balances of$45,000&$205,000,respectively.
RECOMMENDATION:
ItisrecommendedthattheCityCommissionapprovethe resolution.
ATTACHMENTS;
a ProposedResolution
a HJ Ross'Work Order for Professional Services
•GeneralEngineeringServicesagreementwithHJRoss
a HJ Ross'Fee Worksheet
a Project Location Map
March 17,2005
T^LIWINTERNATIONAL |HJ ROSS
201 Alhambra Circle,Suite900CoralGables,Florida 33134
Tel.305.567.1888 •Fax.305.567.1771 •EMAIL:hjross@hjross.com
Mr.W.Ajibola Balogun,REM
Public Works Director
Cityof South Miami
Public Works Department
4795 S.W.75th Avenue
Miami,FL 33155
RE:Citywide Water Main Extension -Area 1
Proposal for Engineering Services
Dear Mr.Balogun:
We appreciate the opportunity toprovide surveying,engineering design,permitting,
bidding assistance,and construction administration services for the Water Main
Extensions along the following streets:
1.S.W.58th Court,from S.W.78th StreettoS.W.80th Street
2.S.W.78th Street,from S.W.58th CourttoS.W.59th Avenue
3.S.W.68th Court,from S.W.69th TerracetoS.W.72nd Street
4,S.W.69th Terrace,from S.W.68th Avenueto S.W 60*AvpniiP
5.S.W.68th Avenue,from S.W.68th StreettoS.W.69th Terrace
6.S.W.68th Street,from S.W.68thAvenuetoS.W.69th Avenue
The attached Proposal forEngineering Services liststhe Scope ofWork,compensation
toperform these services and the project schedule.Ifin agreement,please initial the
attached sheets,sign on page 5 and return one originalfor our records.
We lookforwardtoworkingwithyouonthisproject.
Sincerely,
WUWINTmiATIONAL I HJ ROSS
^c^fetoP^k^
Polidoro Africano,P.E.
Project Manager
Enclosures
cc:Mariano Valle,P.E.
Colin Henderson
T^UWIISTTERNATIONAL |HJ ROSS Initials:Pfr PA
AB
City of South Miami
Citywide Water Main Extension -Area 1
Proposal for Engineering Services
I.PROJECT DESCRIPTION
The City of South Miami(CITY)proposes to construct water main extensions including
fire protection and service lines to each property with meter boxes,along the following
streets:
1.S.W.58th Court,from S.W.78th StreettoS.W.80th Street
2.S.W.78th Street,from S.W.58th CourttoS.W.59th Avenue
3.S.W.68th Court,from S.W.69th TerracetoS.W.72nd Street
4.S.W.69th Terrace,from S.W.68th Avenue toS.W.69th Avenue
5.S.W.68th Avenue,from S.W.68th Street toS.W.69th Terrace
6.S.W.68th Street,from S.W.68™Avenue toS.W.69th Avenue
TVLIWINTBRr^TIONALlHJROSS (CONSULTANT)will provide final construction plans,
technical specifications,permitting and bidding assistance,and construction
administrative services for the above project.For the purpose of this proposal,the
water main extension has preliminarily been identified as 3,860 feet in length.This work
will be performed in accordance with the Professional Service Agreement tor General
Engineering Services (AGREEMENT)dated December 2004 as amended herewith.
II.SCOPE OF PROFESSIONAL SERVICES
The specific work scope tasks to be performed by CONSULTANT and its subconsultant
are:
1.SURVEYING PHASE
The project surveyor will prepare a Specific Purpose Survey within the above mentioned
projectlimits.Survey will include all above groundvisible features andutilities,
driveways,trees,signs,and drainage structures withpipe size and inverts.Elevations
will be taken at 100-foot intervals.Survey Datawill be on the State Plane coordinate
system withelevationsreferencedtothe NGVD 1929 datum.Survey will be prepared in
AutoCAD format.
City of South Miami-Public Works Department March 17,2005
CitywideWater Main Extension -Area1 Page1
Proposal for Engineering Services
I^UBVBINTERNATIONAL I HJ ROSS Initials:<?A PA
AB
2.PHASE III:FINAL DESIGN PHASE
CONSULTANT agrees to provide the Phase III -Final Design/Construction
Documents Development services in accordance with Paragraph 2.2.3ofthe
AGREEMENT with the following modifications:
2.1 CONSULTANT will limit the Phase III design services to the proposed water
main extensions and associated surface reconstruction details within the limits
identified in Section I above.
2.2 CONSULTANT will prepare one set ofConstruction Documents including plans
andspecificationsforthe water main extensions alongallsix sites shownabove.
2.3 CONSULTANT will prepare construction plans and details using the standards of
Miami-DadeCounty Water and Sewer Department (WASD).
2.4 CONSULTANT will make one presentation to the CityBoardforfinal approval if
required under Paragraph 2.2.3.H.
2.5 CONSULTANT will providepermitting services as stated in Paragraph 2.2.3.J.
3.PHASE IV:BIDDING ASSISTANCE PHASE
>NSULTANT agjees-to-provideH:he-Pr7ase IV-Diclding-and-Negotiation-Phase-
services in accordance with Paragraph 2.2.4 of the AGREEMENT.
4.PHASE V:CONSTRUCTION ADMINISTRATION PHASE
CONSULTANT agrees to provide the Phase V-General Administration of the
ConstructionContract services in accordance with Paragraph 2.2.5 of the
AGREEMENT with the following modifications:
4.1 CONSULTANT bases fee for this task on a construction time of 105 calendar
days from award of Construction Contract to approval,by the CONSULTANT,of
Contractor's final Payment Certificate.
4.2 CONSULTANT bases fee forthis task on conducting weekly site visits and part-
time on-site observations at an average of 8 hours per week.In the event that
continuous daily on-site observations are required as stated in Paragraph 2.2.5.E
of the AGREEMENT,CONSULTANT reserves the right to negotiate additional
fees with the CITY at the hourly rates found in Section 4 of the AGREEMENT.
City of South Miami -Public Works Department March 17,2005
Citywide Water Main Extension -Area 1 Page 2
Proposal for Engineering Services
l^LIS^IiSTTERr^TlONAL I HJ ROSS Initials:fft PA
AB
5.PHASE VI:POST CONSTRUCTION ADMINISTRATION
CONSULTANT agrees toprovidethe Phase VI -Post Construction Administration
services in accordance withParagraph2.2.6 of the AGREEMENT.
6.PROJECT AND QUALITY MANAGEMENT
CONSULTANT will preparemonthlywritten progress reports that includeproject
information,projectdescription,status descriptionof each task item,updates onproject
schedules and budgets,and identification of any problems that may affect the project
schedule,scope,or budget.CONSULTANT will conduct a monthly meeting with the
CITYproject manager tomaintain steady communication.CONSULTANT will provide
project management dutiesrequiredto control the projectincludingquality,schedule
andbudget.CONSULTANT will conduct internal monthly meetings with key project
staff for the duration of the project.CONSULTANT will maintain aprogram of quality
controlonthisproject,includingreview of work products by subconsultants.
III.SUBCONSULTANTS
The below listed Sub-Consultants will assist in the performance of the Work.
Subconsultant Name Specialty or Expertise
ConsulTech Enterprises,Inc.Surveying services
IV.SCHEDULE OF DELIVERABLES
CONSULTANT will submit the following deliverables to the CITY:
SCHEDULE OF DELIVERABLES
Task
No.
Description of Deliverable or Drawing Name
1.Two signed and sealed surveys and an electronic AutoCAD file on CD.
2.
•At 50%&100%completion:2 copies of drawings,check sets,and specifications.
•Upon final approval by the CITY:24 sets of drawings and specifications.
•1CDwith drawings inAutoCADformat,and WORD filesof specifications.
•Copies of correspondence and minutes of meetings.
3.Copies of Pre-bid agenda and minutes,addendums,bid tabulations and correspondence.
4.
Copies of Pre-construction agenda and minutes,shop drawings,change orders,payment
certificates,construction observation reports,test results,and correspondence.
5.Copy of written manual if required and One set of reproducible record drawings.
6.Copies of monthly progress reports.
City of South Miami-Public Works Department March 17,2005
Citywide Water Main Extension -Area 1 Page 3
Proposal for Engineering Services
WUB^INTERNATlONAL |HJ ROSS Initials:fift PA
AB
V.SCHEDULE OF SERVICES
CONSULTANT shallperform the Work as depicted in the table below following receipt
ofawritten Notice-to-Proceed from the CITY.A preliminary schedule of activities is
attached as Exhibit "A".
SCHEDULE OF WORK (*)
Task
No.
Task Name and/or Activity Description
Duration
work
days
Projected
Start Date
Projected
Finish Date
1.SURVEYING PHASE 22 01-Mar-05 30-Mar-05
2.PHASE III:FINAL DESIGN PHASE 55 01-Mar-05 18-May-05
3.PHASE IV:BIDDING ASSISTANCE PHASE 30 26-Apr-05 06-Jun-05
4.PHASE V:CONSTRUCTION ADMINISTRATION PHASE 76 07-Jun-05 20-Sep-05
5.PHASE VI:POST CONSTRUCTION ADMINISTRATION 20 21-Sep-05 28-Oct-05
*The above schedule assumes CITY will issue aWritten Notice to Proceed on March J,2005.
VI.COMPENSATION
CONSULTANT shall perform the Work detailed in this Proposal fora Lump Sum,Fixed
fee ofFiftyNine Thousand Sixtydollars and 00 cents ($59,060.00).In addition,an
allowance for additional services is required in connection with the Work,which shall be
established in an amount not to exceed $3,000.00.
Task#
1.
SUMMARY OF COMPENSATION
Task Name and/or Activity Description
SURVEYING PHASE
PHASE III:FINAL DESIGN PHASE
PHASE IV:BIDDING ASSISTANCE PHASE
PHASE V:CONSTRUCTION ADMINISTRATION PHASE
PHASE VI:POST CONSTRUCTION ADMINISTRATION
PROJECT AND QUALITY MANAGEMENT
Fee
Amount
$14,316.00
$26,164.00
$2,370.00
$9,886.00
$1,246.00
$2,078.00
Sub-Total =$56,060.00
Allowance for Additional Services =$3,000.00
Total =$59,060.00
Fee Basis
Lump Sum,Fixed
Lump Sum,Fixed
Lump Sum,Fixed
Lump Sum,Fixed
Lump Sum,Fixed
Lump Sum,Fixed
Lump Sum,Fixed
Hourly Rate,Notto Exceed
VII.ALLOWANCE FOR ADDITIONAL SERVICES
Additional services not specifically described under "Scope of Professional Services"
will be performed upon written approval,and will be billed at the hourly rates shown in
Section 4of the AGREEMENT.CONSULTANT may use the Allowance forAdditional
Services requested inwritingby and at the discretion of the CITY.
City of South Miami -Public Works Department
Citywide Water Main Extension -Area 1
Proposal for Engineering Services
March 17,2005
Page 4
TVUff^ilNTERNATlONAL |HJ ROSS Initials:flP PA
AB
VIII.SERVICES NOT INCLUDED
The following services are not included in the Scope ofWorkfor this project:
1.Roadway Engineering services identified in Paragraph 2.1 .A of the AGREEMENT.
2.Drainage Design services identified in Paragraph 2.1.B of the AGREEMENT.
3.Civil Engineering services for Sanitary Sewer System Evaluation and design
identified in Paragraph 2.1.C of the AGREEMENT.
4.Traffic Engineering services identified in Paragraph 2.1.D of the AGREEMENT.
5.Environmental Engineering services identified in Paragraph 2.1.E of the
AGREEMENT.
6.Phase I services identified in Paragraph 2.2.1 of the AGREEMENT.
7.Phase II services identified in Paragraph 2.2.2 of the AGREEMENT.
8.Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT.
9.Geotechnical Engineering services including subsurface explorations and/or testing.
10.Permitting Services other than those described above or payment of permit fees.
IX.INFORMATION TO BE PROVIDED BY THE CITY
CITY agrees to provide,if available:
1.Aerial photographs indigitalformof the project area.
2.AutoGAB-standarel-s^eet-fofmat-and guidetiftes^o^e-tised-QfHfie-ptensr
3.As-built plans ofexistingCity-ownedfacilitieswith elevations of underground utilities.
4.Division1 (front-end)documents for the preparation of the contract documents.
5.CITY is responsible forpaymentofanypermitreview fees totheregulatory
agencies.
X.PROJECT MANAGER
CONSULTANT'S Project Manager forthisWork Order assignment will bePolidoro
Africano,P.E.
Prepared by:-T ^Aldbsto 1A4XX(U^_^>g>-\1 -O^T"
PolidoroAfricano,WE.Date
Approved by:
Date
City of South Miami -PublicWorksDepartment March 17,2005
Citywide Water Main Extension-Area1 Page5
Proposal for Engineering Services
WORK EFFORT AND COST -PRIME CO MSULTANT Consultant Name:TY Lin International /HJ Ross
Consultant No.:855010.00
NameofProject:Citywide Water Main Extension -Area 1 Date:March 17,2005
Project No.:Estimator Polidoro Africsano,P.E.
ST/FF CLASSIFICATION
Job Classification Project Senior Construction Staff Hours Salary Average
Staff Manager Engineer Engineer rechnician Clerical Inspector
Applicable Rate Rate:$101.00 Rate:$92.00 Rate:$72.00 Rat »:$63.00 Rate:$43.00 Rate:$53.00 Rate:By Cost By Rate Per
Man Cost/Man Cost/Man Ma i Man Cost/Man Cost/Man Cost/Man Cost/
Work Activity hours Actvty hours Actvty hours Cost/Actvty hou •s Cost/Actvty hours Actvty hours Actvty hours Actvty hours Actvty Activity Activity Task
1.Surveying Phase 4 $368 4 $288 8 $656.00 $82.00
2.Phase III:FinalDesign Phase 18 $1,818 46 $4,232 180 $12,980 10 i $6,552 14 $602 362 $26,164.00 $72.28
3.Phase IV:Bidding Assistance 2 $202 12 $1,104 10 $720 8 $344 32 $2,370.00 $74.08
4.Phase V:Construction Administration 4 $404 18 $1,656 12 $864 14 $602 120 $6,360 168 $9,886.00 $58.85
5.Phase VI:Post Construction Administrator 2 $202 4 $388 8 $504 4 $172 18 $1,246.00 $69.22
6.ProjectandQualityManagement 6 $606 16 $1,472 22 $2,078.00 $94.45
#DIV/0l
#DIV/0l
#DIV/0l
#DIV/0l
#DIV/0l
#DIV/0!
#DIV/0l *
#DIV/0I
#DIV/0l
Total Staff Hours
#DIV/0l •
32 100 206 11 Z 40 120 610
Total StaffCost $3,232.00 $9,200.00 $14,832.00 $7,058.00 $1,720.00 $6,360.00 $42,400.00 $69.51
Total%of Work by Classification 5%16%34%18>0 7%20%Check =100.0%
Check =
NEGOTIATED FEE
$42,400.00
F«mR«v<«x)6/18/04 Survey FieldDaysfor Subconsultant $42,400.00
3-Person Crew 16 ADJUSTED FEE (INCLUDING MULTIPLIER)=1.0 $42,400.00
4-Person Crew
y $12,800.00 SUBTOTAL FEE:Survey (3mancrew)16.00 3-man crewdays@ $800.00 /da $42,400.00
Survey(4mancrew)4-mancrewdays@ $-/day Subconsultant Sub1
Notes:Subconsultant Sub2
1.ThissheetistobeusedbyPrime Consultant tocalculatethe Grand TotalFee.Subconsultant:Sub3
2.Manually enterfee from each subconsultant.Unused subconsultant rows maybe hidden Subconsultant:Sub4
3.The basis for work activity descriptions shall bethe FICE/FDOT Standard Scope Subconsultant Sub5
and Staff Hour Estimation Handbook.SUBTOTAL FEE:
SurveyingServices(ConsuITech,Inc.)
Geotechnical Services
SUBTOTAL FEE:
Additional Services (Allowance)
Reimbursable (Allowance)
GRAND TOTAL FEE:
$42,400.00
$13,660.00
$56,060.00
$3,000.00
$59,060.00
WaterMa!nExt_MH_EstImate.xls
FeeShe8t-Prime ~1
-«.v-tf2s,^a2i-.
PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
THIS AGREEMENT made and entered into this ^O day ofthvzmbtt.20fl^by and between the CTTY
OFSOUTH MIAMI,apolitical subdivision oftheStateof Florida,referredtoasthe "CTTY"and HJ.ROSS
ASSOCIATES,INC.,authorizedtodobusinessintheStateof Florida,referredtoasthe "CONSULTANT".
In consideration ofthe premises and the mutual covenants contained in this agreement,the CITY
agrees toemploythe CONSULTANT fora period endingonDecember1,2007,andthe CONSULTANT
agrees to perform all professional services in connection withthe WORK,as described herein,ona
continuing basis in connection with projects where the basic construction costs does not exceed $500,000.00
orstudies which donot exceed $25,000.00,hereinaftercalledthe "SERVICES".
SECTION 1 -GENERAL PROVISIONS:
1.1 The CONSULTANT may be issued a Notice to Proceed to encompass the entire Basic Services,as
defined in paragraph 2.2 fora project,for a portion ofthe Basic Services,orfor 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.
1.2ANoticetoProceedwillbeissuedonanasneededbasisatthesolediscretionoftheCITY.The
CITY reserves,atall times,therightto perform any andall engineering work in-house or with
other engineers.This Agreement does not confer on the CONSULTANT any exclusive rights to
CTTY WORK,nor does it obligate the CITY inany manner to guarantee WORK forthe
CONSULTANT.The CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited bythe CITY outside ofthis agreement.
1.3 The CITY will confer withthe CONSULTANT before any Notice to Proceed is issued to discuss the
scopeofthe WORK;thetime needed to complete the WORK andthefeeforthe services tobe
rendered in connection with the WORK.
1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance ofa Notice
to Proceed.No payment willbemadeforthe CONSULTANT'S timeand services in connection with
thepreparationof any proposal.
1.5 The CTTY agrees thatit will furnish to the CONSULTANT plans and other data available in the
CTTY files pertaining to the WORK tobe 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
theirpresenceis required.
1.7 The CTTY agreestodesignatearepresentativewho,onbehalfoftheCityManagershallexaminethe
documentssubmittedbytheCONSULTANTandshallrenderdecisionspromptly,toavoid
unreasonable delay intheprogress of the CONSULTANT'S services.The CONSULTANT shall
keepthe CITY'S representativeadvisedontheprojectstatusatalltimes.
1.8 The CTTY agreestoissuealldirectivesandapprovalinwriting.
SECTION 2-PROFESSIONAL SERVICES
2.1 General Engineering Services
Theprofessionalservicestobeprovidedbytheconsultantareasfollows:
A.Roadway engineering toincludestreets,sidewalk,curb,gutter,drainage,associated traffic
controldevices,striping,lighting,speedreductiondevicesandincidentallandscaping.
B.Drainage Design includes the necessary analysis needed to implement proposed drainage
improvements,preparation of pavinganddrainageplanformunicipalbuildingand facilities.
C.Civil Engineering,to include Water Distribution Systems Improvement /Analysis and design
and Sanitary Sewer System Evaluation anddesign.
D.Trafficengineeringserviceswillincludedailyvolumecounts,dataanalysis,preparationof
conceptual improvements plan,present reportsand recommendation to stakeholders and
preparation of finaltrafficengineering report
E.Environmental Engineering,to including,site investigation and design needed to prepare
remediation planstomitigateundergroundstoragetanks,hazardouswastematerialsand
asbestos materials.
F.Other incidental services associated to the above items.
2.2 Basic Services
The Basic Services,for design andconstruction,consist ofsix(6)phases described in Paragraph 2.2.1 through
2.2.6.ThescopeoutlinedbelowisapplicableinitsentiretytoprojectsforwhichcompletedBasic Services
are authorized.
Upon authorization toproceedfromthe CITY,the CONSULTANT agrees to provide complete professional
engineering services forany portion orallofthe six Phases outlined below.The CONSULTANT agrees to
co-ordinate hiseffortwiththatofany other engineering;landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK.The lead CONSULTANT as designated by
theCITYshallpreparethefinalbid package including bid documents and specifications,which shallbe
preparedby,andbethe responsibility ofthe respective disciplines.
•Professional ServicesAgreement
GeneralEngineeringServices
December 2004
Page2 of 16
2.2.1 Phase I-Preliminarv and Schematic Design:
A.The CONSULTANT shall confer with representatives of the CITY and the using agency to
determine the full scope of the Project that will meetthe program requirements,and shall
advise the CITY if,in the CONSULTANT'S opinion,the allocated funds are adequate to
accomplish the program requirements.
B.The CONSULTANT shall use proper and adequate design control to assure the CTTY that the
programrequirementswillbe met
C.The CONSULTANT shall prepare a Design Concept and Schematic Report,comprising of
the Project Timetable (Master Schedule),Planning Siimmary (unless advised otherwise),
Schematic Design Studies (unless advised otherwise)as defined below,and the Statement of
Probable Construction Cost
D.The Proposed Project Timetable shall consist ofa schedule showing the proposed completion
date on each Phase of the Project through design,bidding,construction,and proposed date of
completion.
E.The Planning Summary (unless advised otherwise)shall consist ofa vicinity plan and blow
up of the Site (ifapplicable)showing Project orientation,and a brief summary of all pertinent
planning criteria usedforthe Project
E The Schematic Design Studies (unless advised otherwise)shall consistoflall-plans,ek
sections,etc.as required to show the scale and relationship ofthe parts and the design concept
of the whole.A simple perspective sketch,model or photograph thereof may be provided to
further showthe design concept.
G.The CONSULTANT shall present the Schematic design studies to the appropriate Boards for
their approval whenthe project requires such approval.
H.The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPL,Southern Bell,Dynamic Cable,MDWASA,etc.)for any conflict
with their utilities.
I.Hie Statement of Probable Construction Cost shall include estimated cost of the Project
including fixed equipment,professional fees,contingencies (if any),escalation factors
adjusted to the estimated bid date,movable estimate (if any),and utility service extensions (if
applicable).The CONSULTANT'S opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANTS experience and
qualifications and represent CONSULTANT'S best judgement as an experienced and
qualified professional engineer,familiar with the local construction industry and prices.
Professional ServicesAgreement
GeneralEngineering Services
December 2004
Page3 of 16
J.The CONSULTANT shall submit and present two (2)copies of all documents required under
this Phase,without additional charge,for approval bythe CITY andhe shall not proceed with
the next Phase until directed bv the CITY.
2.2.2 Phase n -StudyandDesignDevelopment
A.Rrom the approved Schematic Design documents,the CONSULTANT shall prepare Design
Development Documents,comprismg the drawings,outline specifications and other
documentstofixand describe thesizeand character of theentire Project asto construction
and finish materials and other items incidental thereto asmaybe appropriate and applicable.
B.TheDesignDevelopment Documents shall comprisethe Proposed ProjectTimetable
(updated),Outline Specifications,UpdatedStatement of Probable Construction Cost,and
Design Development Drawings,etc.,as required to clearly delineate theProjectIfthe
Updated Statement of ProbableConstructionCost exceeds the allocatedfunds,feasiblecost
orscopereductionoptionsshallbeincluded.
C.The CONSULTANT shall submit and present two (2)sets ofall documents required under
this Phase,without additional charge,for approval bythe CITY andnot proceed withthenext
PhaseuntildirectedbytheCTTY.
D.The CONSULTANT shallatall times monitor theProbable Construction Coststo make
certaintheyremainwithinthe total allocated budget ANoticeto Proceed toPhase HI will
not be issued if the lateststatement of Probable Construction Cost exceeds thetotalallocated
funds.
2.2.3 Phase PI -Final Design/Construction Documents Development:
A.Rom the approved Design Development Documents,theCONSULTANT shall prepare Final
Construction Documentssetting forth in detail the requirements forthe construction ofthe
Project including the Proposal (Bid)Form and other necessary information for bidders,
Conditions of the Contract,and Complete Drawings and Specifications.CONSULTANT
shall use Construction Specifications Institute (CSI)Standards andtheCityofSouth Miami
Standard forms for the preparation ofthe proposal (bid)forms,Instructions to Bidders,
conditions of Contract and Specifications.The CONSULTANT shall review all existing City
Specifications,for completeness prior touseand shall supply all needed additional
specifications.
B.The Construction Documents shall be prepared ina manner that will assure clarity of
linework,notes,anddimensions,whenthedocumentsarereducedto50%oftheirsize.All
drawings shall beon 24"x36"paper ("D"size),ontheCity's standard sheet format,unless
approved otherwise.
C.All construction documents shall be submitted in both "hard copy"and electronic media ina
mutually agreed upon electronic format,but generally as follows:
1 Professional ServicesAgreement
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December 2004
Page4 of 16
1.Non-drawing submittals inMicrosoft Office format
2.Drawingsin AutoCAD format.
3.GIS files should be in ArcView format Version 3.2.
D.When the development of the drawings has progressed to at least 50%completion in Phase
.m,the CONSULTANT shall submit two (2)copies to the CITY for approval,without
additional charge,along with updated outline specifications.TheCONSULTANT shall also
submit at this time an updated Statement of Probable Construction cost as indicated by time
factor,changes in requirements,or general market conditions and an updated Project
Schedule.
E.The CONSULTANT shall not proceed with the further development until approval of the
50%documents is received from the CITY.The CONSULTANT shall make all changes to
documents.The50%complete Check set shall be returned tothe CTTY.
F.A Notice to Proceed for the completion of Phase m willnotbe issued ifthe latest Statement
of Probable Construction Cost exceeds the total allocated funds,unless the QTY increases
the total allocated funds orthe CONSULTANT and the CTTY agrees on methods of cost
reductions sufficient to enable construction within the funds available.
G.Upon 100%completion ofthe Construction Documents,the CONSULTANT shall submit to
the CTTY a final,updated Statement of Probable Construction Cost along with two (2)copies
each of Check Setof drawings,specifications,reports,programs,etc.,without additional
charge,fora final reviewand comments or approvals.
-H.The CQNSUJJIANT-shaU-make all the necessary-presentations to the-appreprii
Boards (such as Environmental Review Board,Historical Preservation Board etc.)for the
finalapproval.
I.The CONSULTANT at no extra cost to the CITY shall make all required changes or additions
and resolve all questions resulting from paragraph H if the changes or additions donot alter
the scope of the project as determined under paragraph 2.2.1 A.The 100%complete Check
set shall be returned tothe CTTY.Upon final approval bytheCITY,theCONSULTANT
shall furnish tothe CTTY a nrinimum of24 sets of drawings and specifications,at no
additional costtotheCITY,for bidding purposes,unless instructed otherwise.
J.The CONSULTANT shall arrange for "dry runs"and/or make final submissions to
appropriate authorities (regulatory agencies to include and not limited to City,County,State
or Federal)as necessary,to ascertain that the construction documents meet the necessary
requirements to obtain allthe necessary permits for construction.CONSULTANT shall
respond to all technical questions from regulatory agencies.CONSULTANT shall modify,at
no additional costtoCITY,in order to acquire the necessary permits.
Professional Services Agreement
General Engineering Services
December 2004
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2.2.4 Phase IV -Bidding and Negotiation Phase:
A.Upon obtaining all necessary approvals of the Construction Documents,and approval by the
CITY of thelatestStatement of Probable Construction Cost the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding,and assist the CTTY in
obtaining bidsand awarding and preparing construction contracts.The CONSULTANT shall
attend all pre-bid conferences.The CONSULTANT shall be present during the bid opening
andas part ofhis assistance tothe CITY will tally,evaluate and issue a recommendation to
the CITY after verifying bond,insurance documents,questionnaire and reference submitted
by theconstructor.
B.The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify,correct
orchange Bid Documents.
C.If Pre-Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria,review qualifications of
prospective bidders,and recommend acceptance or rejection ofthe prospective bidders.
D.If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1.approve the increase in Project Cost and award a construction contract or,
2.reject all bids and rebid the Project within a reasonable time with no change in the
Project or
3.direct the CONSULTANT to revise the Project scope or quality,or both,as approved
bythe CITY andrebidthe Project,or
4.suspend or abandon theProjector
5.exercise all options under theCityCharter and State Law.
NOTE:Under item (2)above,the CONSULTANT shall,without additional compensation,assist the
CTTY in obtaining re-bids,and awarding the re-bid oftheproject Under item (3)above,the
CONSULTANT shall,without additional compensation,modifythe Construction Documents as
necessary tobringthe Probable Construction Cost within theTotalAllocated Funds.Whenthe lowest
responsible bidisover15%of the CONSULTANT estimate.
E.For the purpose of payment tothe CONSULTANT,the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
witha Contractor.Rejectionof bids bythe CTTY does not constitute cancellation of the
project
2.2.5 PhaseV-General Aorjiinistration of the Construction Contract:
A.The Construction Phase will begin with the award ofthe Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CTTY.
B.The CONSULTANT,as the representative of the CITY during the Construction Phase,shall
advise and consult withtheCITY and shall have authority to act on behalf of the CITYto the
"Professional ServicesAgreement
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December 2004
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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.Hie CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress ofthe 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 CTTY against defects
and deficiencies in the WORK.ITie 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 CTTY 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 ofthe WORK,and shall submit same ina timely manner.The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely,accurate,and complete
notationsonrecord drawings.
G.Based on observations at the site and on the Contractor's Payment Certificate,the
CONSULTANT shallr^termine-me amount duethe Contractor on account-and-he-sriatr
recommend approval of the Certificate in such amounts.The recommendation of approval of
a Payment Certificate shall constitute a representation bytheCONSULTANTtothe CTTY
thathe certifies tothe CTTY that the WORK has progressed tothe point indicated,and the
quality oftheWORKisin accordance with the Contract Documents subject to:
1.an evaluation of the WORK for conformance with the contract documents upon
substantialcompletion.
2.the results of any subsequent tests required bythe contract documents.
3.minor deviations from the contract documents correctable prior to completion and
acceptance of the project
H.The CONSULTANT shall have an affirmative duty to recommend rejection ofWORK,which
does not conform,to the Contract Documents.Whenever,in his reasonable opinion,he
considers it necessary or advisable to insure compliance withthe Contract Documents,he will
have authority (with the City's prior approval)to recommend special inspections or testing of
any WORK deemed nottobein accordance with the Contract whether or not such WORK
has been fabricated and delivered to the Project or installed and completed.
Professional ServicesAgreement
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December 2004
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I.The CONSULTANT shall promptly review and approve shop drawings,samples,and other
submissions ofthe Contractor for conformance with the design concept ofthe Project and for
compliance withthe Contract Documents.Changes or substitutions tothe Contract
Documents shall not be authorized without concurrence with the CITY.
J.The CONSULTANT shall review and recommend action on proposed Change Orders within
the scope of the Project initiated by others,and initiate proposed change orders as required by
his own observations.
KTheCONSULTANT shall examine theWORKupon receipt ofthe Contractor's Certificate of
Substantial Completion ofthe Project A Punch Listof any defects and discrepancies in the
WORK required tobe corrected bythe Contractor shall be prepared bytheCONSULTANT
in conjunction with representatives oftheCITYand satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final Acceptance and final
payment tothe Contractor.He shall obtain from the Contractor all warranties,guarantees,
operating and maintenance manuals for equipment releases of lienandsuchotherdocuments
and certificates asmaybe required by applicable codes,laws,policy regulations andthe
specifications,anddeliver them tothe CTTY.
L.TheCONSULTANT shall provide assistance in obtaining Contractor's compliance withthe
Contract Documents relative to,1)initial instruction of CTTY personnel inthe 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 Construction Administration
A.TheCONSULTANT shall prepare and provide the CTTY witha written manual,tobeusedby
the CITY,outlining the implementation planofallthe required maintenance necessary to
keeptheproposed WORK operational inasafeand effective manner.
B.The CONSULTANT shall furnish tothe CITY,reproducible record drawings undated based
on information furnished bv the Contractor:such drawings shall become the property ofthe
CITY.
C.The CONSULTANT shallassistintheinspection of the WORK onemonthbeforethe
expiration of any guarantee period orthe sixth month whichever is earlier and report any
defective WORK intheProjectunderterms of the guarantee/warranties for correction.He
shallassistthe CITY withthe administration of guarantee/warranties for correction of
defective WORK thatmaybe discovered during thesaid period.
2.3 Additional Professional Services
Additional Services aslistedbelow are normally considered tobebeyondthe scope ofthe Basic Services for
design and construction,as defined in this Agreement but which are additional services which may be
authorized withintheScope of WorkgiventheCONSULTANT.
•Professional ServicesAgreement
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December 2004
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A.Special analysis ofthe CITY'S needs,and special programming requirements for a project
B.Financial feasibility,life cycle costing or other special studies.
C.Planning surveys,site evaluations,or comparative studies of prospective sites.
D.Design services relative to future facilities,systems and equipment which are not intended to
be constructed as part ofa specific Project
E.Services to investigate existing conditions (excluding utilities)or facilities or to make
measured drawings thereof,or to verify the accuracy of drawings or other information
furnishedbythe CITY.
F.Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material,equipment and labor required for a Project
G.Consultation concerning replacement of any WORK damaged by fire or other cause during
construction,and furmshing professional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK,providing the cause is found by the
CITY tobeotherthanby fault oftheCONSULTANT.
H.Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Contract providing the cause is found by the CITY to be
otherthanbyfault of the CONSULTANT.
L Making major revisions changing the Scope ofa project to drawings and specifications when
such revisions are inconsistent with written approvals or instruction previously given by the
CITY and are due to causes beyond the control of the CONSULTANT.(Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J.The services of one ormore full-time Project Representatives.
K.Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding in connection with a Project
L.Professional services required after approval by the CITY or the Contractor's Requisition for
Final Payment except as otherwise required under Basic Services.
M.Preparing supporting data,drawings,and specifications as may be required for Change Orders
affecting the scope ofa Project provided the Changes are due to causes found by the CTTY,to
be beyond thecontrol of the CONSULTANT.
Professional Services Agreement
General EngineeringServices
December 2004
Page9 of 16
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
timebasedon reasonable determination,stated inthesaidNoticetoProceed
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in
fulfilling its part of the Agreement change of scope of work or should any other events beyond the control of
the CONSULTANT render performance of his duties impossible.
SECTION 4•BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed"fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK Upon agreement ofa fee,the CITY will issue a written
authorization to proceed to the CONSULTANT.In case of emergency,the CITY reserves the right to issue
oral authorization to the CONSULTANT,with the understanding that written confirmation will follow
immediately thereafter.For reproduction of plans and specifications,beyond the requirements as identified
under Section 2-Professional Services theCITY will pay the direct costs.
The fees for Professional Services for each of the WORK shall be determined by one of the following
methods ora combination thereof,as mutually agreed upon bytheCITY and the CONSULTANT.
A.A fixed sum:The fee for atask or a scope of work may be fixed sum as mutually agreed upon
by the CITY andthe CONSULTANT:
B.Hourly rate fee:The CITY agrees to pay,and the CONSULTANT agrees to accept for the
Category Hourlv Rate
Principal $135
ProjectManager $101
SeniorEngineer $92
Engineer $72
ConstructionManager $92
Construction Inspection $53
Senior Draftsman/Technical/CADD Operator $63
Draftsmen $53
Data Processing /Clerical $43
Hourly rates will include all wages,benefits,overhead and profit.
SECTION 5•PAYMENT AND PARTIAL PAYMENTS
The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar month.For design and construction projects where fee for each phase
•Professional Services Agreement
General Engineering Services
December 2004
Page10 of 16
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 ofPhase n.
55%upon submittal and approval of 50%complete drawings and outline specifications of Phase
m.
75%upon 100%completion and approval of Phases HI and IV.
90%upon completion of the Project and approval of all WORK Phase V).
100%upon final completion and approval ofWORK elements A and Bof Phase VI.
The CONSULTANT shall submit an original invoice to the City's project representative.
The invoice shall contain the following information:
1.The amount of the invoices submitted shall be the amount due for all WORK performed to
dateascertified by the CONSULTANT.
2.The request for payment shall include the following information:
a.Project Name
b.Total Contract amount (CONSULTANT'S lump sum negotiated upset limit fees)
c.Percent of work completed.
d.Amount earned.
e.Amount previouslybilled.
f.Due this invoice.
g.Balanceremaining
h.Summary nf wnrlr Hnrjft this billing period.
i.Invoice number and date.
3.Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll
data for theWORK reflecting salaries and hourly rates.
SECTION 6•RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the OTY's representative,who
shall decide all questions,difficulties and disputes of whatever nature which may arise under or by reason of
this Agreement the prosecution and fulfillment of the services,and the character,quality,amount and value
and the representative's decisions upon all claims,questions,and disputes shall be final,conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable.In the event that the
CONSULTANT does not concur in the judgement of the representative as to any decisions made by him,he
shall present his written objections to the City Manager and shall abide by the decision of the City Manager.
Nothing in this section shall mean to deny the right to arbitrate,by either party,in accordance with the
Industry Arbitration Rules of the American Arbitration Association.
SECTION 7-OWNERSHIP OF DOCUMENTS
All reports and reproducible plans,and other data developed by the CONSULTANT for the purpose of this
Agreement shall become the property of the CITY without restriction or limitation in connection with the
0 Professional Services Agreement
General EngineeringServices
December 2004
Page11 of 16
owner's use and occupancy of the project Reuse of these documents without written agreement from the
CONSULTANT shall be the CITYS 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 CTTY.
SECTION 8•COURT APPEARANCES.CONFERENCES ANT)HEARINGS
Nothing in this contract shall obligate the CONSULTANT to prepare,for or appear in Mgation on behalf of
the CTTY 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 CTTY prior to performance of a
courtappearanceand conference.
The CONSULTANT shall confer with the CTTY at anytime during construction of the improvement
contemplated as to interpretation of plans,correction oferrors and omissions and preparation ofany necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9•NOTICES
Any notices,reports or other written communications from the CONSULTANT totheCITY shall be
considered delivered when delivered by courier or by mail to the CTTY.Any notices,reports or other
communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or bymail to said CONSULTANT or his authorized representative
SECTION 10 -AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time
during the execution ofthe WORK and for aperiod ofone year after final payment is made.This provision is
applicable onlyto assignments thatare on a rimft anH mst bpgjg
SECTION 11 -SUBLETTING
The CONSULTANT shall not sublet assign,or transfer any WORK under this Agreement without the prior
written consent of the CITY.
SECTION 12 -WARRANTY
The CONSULTANT warrants 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 CITY shall
have the right to annul this contract without liability.
SECTION 13 -TERMINATION OF AGttFFMKWT
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 CITYS sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
B Professional ServicesAgreement
General Engineering Services
December 2004
Page12 of 16
accordance with the provisions of Section 4,such payment to be determined on the basis of the WORK
performed bytheCONSULTANT up to the time of termination.
SECTION 14 •DURATION OF AGRFFMFNT
This Agreement for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 1,2007,although the actual completion of performance may extend beyond such term,or
until the depletion of funds allocated for the WORK,or unless otherwise terminated by mutual consent ofthe
partieshereto.
SECTION 15 •RENEWAL OPTION
This agreement may be renewed,at the sole discretion of the CITY,for amaximum of one two year term at
theend of the initial period.
SECTION 16 •DEFAULT
In the event either party fails to comply with the provisions of this Agreement the aggrieved party may
declare the other party in default and notify him in writing.In such event the CONSULTANT will only be
compensated for any completed professional services.In the event partial payment has been made for such
professional services not completed,the CONSULTANT shall return such sums to the CITY within ten (10)
days after notice that said sums are due.In the event of litigation by the other party to enforce the provisions
of this contract the prevailing party will be compensated for reasonable attorney's fees.In no event shall
attorney's fees awarded against the CTTY exceed 25%of the award for damages.The CTTY does not waive
sovereign immunity from awards of prejudgment interest
SECTION 17-INSURANCE ANDINDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY.The CONSULTANT shall indemnify and save,the CITY hamiless^m-any-and^h
claims,liability,losses and causes of actions arising solely out ofa negligent error,omission,or act of the
CONSULTANT incident to the performance of the CONSULTANTS 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 ofthe CONSULTANT,the CTTY in no way assumes or shares
responsibility or UabiHty of the CONSULTANTS or Sub-consultants,the registered professionals under this
Agreement
The CONSULTANT shall maintain during the term ofthis Agreement the following insurance:
A.Professional Liability Insurance in the amount of $1,000,000 with deductible per claim ifany,
notto exceed 5%ofthe 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 with this
Agreement This insurance shall be maintained for three years after completion of the
B Professional ServicesAgreement
General EngineeringServices
December 2004
Page13 of 16
constructionandacceptanceofanyProjectcoveredbythis Agreement.However,the
CONSULTANTmaypurchase Specific ProjectProfessionalLiabilityInsurancewhichisalso
acceptable.
B.Comprehensive general liability insurance with broad form endorsement including
automobile liability,completed operations and products liability,contractual liability,
severability of interest with cross liability provision,and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence forbodily injury and
propertydamage.SaidpolicyorpoliciesshallnameCITYasadditional insured andshall
reflecttheholdharmlessprovisioncontainedherein.
'C.Workman's Compensation Insurance in compliance withChapter440,Florida Statutes,as
presently written or hereafter amended.
D.ThepoliciesexceptforSection17Ashallcontainwaiver of subrogation against CITYwhere
applicable,shall expressly provide thatsuch policy or policies are primary over any other
collective insurance that CITY may have.The CITY reserves therightto request a copy of
therequiredpoliciesfor review.Allpoliciesshallcontaina"severabilityof interesf'or
"crossliability"clausewithoutobligationforpremiumpaymentofthe CTTY.
E.Allofthe above insurance istobeplacedwithBestratedA-8orbetter insurance companies;
qualified todobusiness under thelaws of theState of Florida.
TheCONSULTANTshallfurnishcertificatesofinsurancetothe CITY priortothecommencementof
operations,whichcertificatesshallclearlyindicatethattheCONSULTANThas obtained insuranceinthe
type,amount andclassificationasrequiredforstrictcompliancewiththisSectionandthatnoreductionin
limits by endorsement during the policy term,or cancellation of this insurance shall be effective without thirty
(30)days prior written notice totheCITY.
Compliance withthe foregoing requirements shall not relieve the CONSULTANT ofhis liability and
obligationsunderthisSectionorunderanyotherportionofthisAgreement.
SECTION 18 -AGREEMENT NOT EXCLUSIVE
Nothing inthis Agreement shall prevent the CTTY from employing other CONSULTANTS to perform the
same or similar services.
SECTION 19 •CODES.ORDINANCES AND LAWS
The CONSULTANT agrees to-abide andbe governed byall 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
ProfessionalServices Agreement
GeneralEngineeringServices
December 2004
Page14 of 16
WORK involved on this project The CONSULTANT is required to complete Public Entity Crimes Affidavit
form (attached)pursuant to FS 287.133(3)(a).
SECTION 20•ENTIRETY OF AGRF.F.MRMT
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 ofthe terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto,upon appropriate action by the City Commissioners.
IN WITNESS WHEREOF,this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
Authority of Resolution No.l$B~&f~fflb'Z>
duly passed and adopted by the City of South
Miami City Commission )l£LLj&.Otftf</
A'lTIVCT*''ATTEST:
raria-Menendez;
ATTEST:
JSirk-•$—
STATE OFFLORIDA)
ss:Acknowledgement of City of South Miami
COUNTY OF DADE )
CITY OF SOUTH MIAMI
US/r .Maria vfl5avis~City Manager
CONSULTANT:H-^-^^/^OCtfRa^C.
VftUfc^VtteV&hSN*
dav or /tTheforegoinginstrumentwasacknowledgedbeforemethis)b day or A&2004 by
MARIA V.DAVIS and MARIA MENENDEZ,City Manager and City Clerk,respectively of the CITY OF
SOUTH MIAMI,on behalf of the CITY,who are personally known to me.
Professional Services Agreement
General Engineering Services
December 2004
Page15 of 16
Notary I^lic,/State^JgQQi
4p**</£.MARIA LGAnCIA
£COMMISSION NUMBER
<00061886
MY COMMISSION EXPIRES
OCT.2.20(gOFfV>
Printname:LC/fnflr 14-}f\f nr)r{{,(
Commission No:Jib 3 (?fc *f ^j
STATEOFFLORIDA )
COUNTYOFDADE)
ss:Acknowledgement of Consultant
nL
/IlfiirUnd VM\^of H.T-Koss Assactftfe n,h^aif 0f the consultant
He is personally known tome or has produced Xftc CONSULTANT.
as identification.
APPROVED AS TOFORM&CONTENT
CityAjtorney^
Professional Services Agreement
General Engineering Services
December 2004
Page16 of 16
Gl^
Notary Publio&ate of Florida
PrintnameLjLltMA \p •Oflcildd AL
/-.••xt «jtfSfi&i*AUNAe.MENOCAL WCommissionNo:J ^ggs^NataiyPiibfe.stntA 0f Florida
j|*K ^t)-|M^CommfcaionB(f*esDecl,2fi0e
pSfgp^Commission #DD 366721 _
1 ^^BoftdedbyNationalrtotatvAsgi >
5
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