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Res No 183-14-14277
RESOLUTION NO.:1ftl-14-14277 A Resolution authorizing the City Manager enter into a contract with the Marlin Engineering Inc.fora total expenditure not to exceed $59,880andto expend $5,120over the proposal amount for unknown factorsfor West Pinecrest Villas Traffic Calming Design WHEREAS,the Mayor and City Commission wishto provide traffic calming tothe area known as Pinecrest Villas/ Snapper Creek/Seaview Park,and WHEREAS,pursuant to Florida Statute 287.055 for CCNA,Marlin Engineering Inc.wasone of thefirms selected to provide professional engineering services;and WHEREAS,theCity negotiated hourlyrateswiththefirmand entered intoa professional service agreement with TheMarlinEngineeringInc.toperformengineeringservicesfortheCity;and WHEREAS,after negotiating withMarlinEngineeringInc.onacosttoperformthedesignservicesfortraffic calming,they submitted a proposal of$59,880,and WHEREAS,theCitydesirestoprovideacontingency of $5,120overtheproposalamountforunknownfactorsthat mayarise during thework;and WHEREAS,thetotal expenditure isnotto exceed $65,000;and WHEREAS,theMayorandCityCommissiondesiretoauthorizetheCityManagertonegotiateandenterintoa contractwithMarlinEngineering,Inc.fortheTrafficCalmingDesignforatotalamountnottoexceed$65,000. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section1:TheCityManageris authorized to negotiate andenterintoacontractwithMarlin Engineering Inc.for the Traffic Calming Design foran amount notto exceed $59,880 andto expend $5,120 overthe proposal amount for unknownfactors.Acopy of the contract isattached. Section2;TheexpenditureshallbechargedtothePeople'sTransportationPlanaccountnumber 124-1730-541- 6490 which hasa balance of $705,021.46,beforethis request was made. Section3:Ifanysectionclause,sentence,or phrase ofthis resolution isforanyreasonheld invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity ofthe remaining portions ofthis resolution. Section 4.This resolution shalltakeeffect immediately upon adoption. PASSEDAND ADOPTED this _J_6thday of September ,2014. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond 5-0 Yea Yea Yea Yea Yea Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: Subject: Background: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager September 16,2014 Agenda Item No. A Resolution authorizing the City Manager to enter into a contract withMarlin EngineeringInc.fora total expenditure nottoexceed $59,880 forEngineeringdesign to enable construction andto expend $5,120 over the proposal amount forunknown factors for West Pinecrest VillasTrafficCalmingDesign. A traffic study was performed to assess the magnitude of cut-through traffic in the neighborhood bounded by the areas described below: •South of US1,West of SW 62nd Avenue and north of SW 80th Street •South of SW 80th Street,West of 57th Avenue,East of SW 62nd Avenue and North of SW 87th Street. Forlocationofneighborhoodssee Exhibit 1"SouthMiami Traffic Calming Neighborhood"map. Basedon the resultsofthestudy,trafficcalming measures suchas speed tables and traffic circles are recommended. In accordance withand pursuant toFlorida Statute 287.055 for CCNA,Marlin Engineering Inc.wasoneofthefirmsselectedtoprovideprofessionalengineering services.TheCity negotiated hourly rates with the firm and entered intoa professional serviceagreementwith Marlin Engineering Inc.toperform engineering services for the City. Belowisa table of the Traffic&Transportation Firms under the CCNA. Firm Project Status TyLin International Mango/ManorLaneTrafficCalming Design phase The Corradino Group Bird Estate &Twin Lakes Traffic Calming Design phase Marlin Engineering Pinecrest/Snapper Creek Traffic Calming Design proposal submitted CH Perez Consulting Cocoplum TrafficCalming Study phase URS Bus Shelters Pending Sout\miiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICEOF THE CITY MANAGER INTER-OFFICE MEMORANDUM Amount: Account: Marlin Engineering Inc.submitteda proposal intheamountof $59,880 toperformthe Traffic calming Design. A contingency amountof $5,120 will be included overthe proposal amounttoaddress for unknown factors,such as drainage issues,thatmayarise during the work.The totalamountofthecontract,including the contingency,will be$65,000 Amount not to exceed $65,000. TheexpenditureshallbechargedtothePeople'sTransportationPlanaccountnumber 124-1730-541-6490 which hasabalanceof$705,021.46,beforethisrequestwas made. Attachments:Resolution ProposalbyMarlinEngineering,Inc Agreement for Professional Services Exhibit1"SouthMiami Traffic CalmingNeighborhood"map. CCNA Resolution Professional Service Agreement South Miami Traffic Calming Neighborhoods Prepared January 2013 Twin Lakes Study:RFP Cocopluiri Construction:Complete Mango Terrace Study:Complete Design:RFP s«::'v4«^VxeU'!-^;;>^>1^^:.'-":;:?j;-:Manpjr;Lane^: Study:Complete Design:RFP Pinecrest Villas Construction:Complete ,^psj^'S(yUtir| Study:RFP CRA City Road m£?%a County Road ts ra ®State Road Exhibit 1 ENGINEERING August 20,2014 Grizel Martinez City of South Miami PublicWorksandEngineeringDepartment 4795 SW 75th Avenue Miami,FL 33155 RE:PROPOSAL FOR WEST AND SOUTH PINECREST VILLAS TRAFFIC CALMING DESIGN Dear Ms.Martinez: Marlin Engineering,Inc.(MEI)ispleasedto respond to your request for proposal on the above referenced project. 1.SCOPE OF WORK A.Phase 2-Designof Final Construction PlansandTechnical Specifications, including obtaining necessary permits from MDPWD.Post Design Services, including preparationofbid documents andconstructioninspection services will also be included. Following theprocedures outlined inthe MiamhDade County Street Closure and Traffic Flow Modification Manual,MEI will develop final signedand sealed constructionplansandtechnical specifications fortheapproved traffic calming measures within the Conceptual Improvement Plan. TrafficCalmingDevices will beinstalledatthe following locations; 1)Traffic CircleatSW 78th Street andSW 63rd Avenue 2)Traffic Circle atSW 82nd StreetandSW 58th Avenue 3)SpeedTablealongSW 79th StreetbetweenSW 62nd AvenueandSW 63rd Avenue. 4)Speed TablealongSW 81st StreetbetweenSW 60th AvenueandSW 62nd Avenue. 5)Speed TablealongSW 81st Street betweenSW 59th AvenueandSW 60th Avenue. 6)Speed Table along SW 83rd Street between SW 57th Avenue andSW 58th Avenue. 7)SpeedTablealongSW 83rd StreetbetweenSW 58th Avenue andSW 59th Avenue. 8)SpeedTable along SW 84th Street between SW 60th Avenue andSW 62nd Avenue. 2191 NW 97 Avenue Miami,Florida 331 72-231 3 Tel.(305)477-7575 Fax (305)477-7590 w ww»m ar11 ne r*g i vtc a r in g.t.a m m 1 ~^>v *s&iSlsi ;W<&^ ENGINEERING WmmffAm,mmMmMmm5zmMmMmMmiisam 9)SpeedTablealongSW 84th StreetbetweenSW 59th AvenueandSW 60th Avenue. A.Preparation of Engineering Drawings Horizontal/Vertical Geometry Design File-MEI will prepare roadway plans including the master design filefor the horizontal and vertical geometry,drainage structure features if necessary,and utilities including conflict location identification and adjustments. Traffic Control Analysis -MEI will develop general notes and phasing details for Maintenance of Traffic Quantities -MEIwill tabulate and calculate quantities of construction items. Quality Control-MEI will performqualitycontrol and peer reviewof contract documents. Utility Coordination-MEI will coordinate with utility ownersfor facilities within project limits and certify clearance for construction. B.Preparation of Engineering Specifications MEI will prepare specificationsandbid documents fortheproject as perthe City of South Miami and Miami Dade County requirements. C.Miami-Dade County Public Works Department (MDPWD)Coordination and Permitting MEI will coordinate with Miami-Dade County Public Works Department (MDPWD) and DERM toobtain permitting approvalofthe traffic calmingdesign. D.Meetings/Commission Presentation MEI will perform one(1)neighborhood public meetingandone(1)presentationtothe City Commission todiscussthe final designforthis project. E.Post Design Services MEI will perform postdesignservices including attendanceatthe pre-construction meeting,responsestorequests for information,review ofshop drawings,design revisions,and field meetings. 2191 NW 97 Avenue Miami,Florida 331 72-231 3 Tel.|305|477-7575 Fax (30 5)47 7-75 90 w w w.m art i r*©irsg in<z&r in g.co m £&* s-js -r>«.->J&ri Special Notes: 1.Preliminary field review indicated that drainage impacts arenot anticipated. 2.Survey is included in the fees. 3.Theneedforgeotechnicaltask,suchas soil borings isnot anticipated. 3.CONTRACT SUM Fortheservices performed underparagraph2,the Client will paytheEngineerthe lumpsumfeeof ($59,880.00)payableas follows.Any additional services will be negotiated as needed. 4.PAYMENTS Subsequent progresspaymentsoftheabove lump sumfeesshallapplyand invoice monthlyinproportionto the services performed. Shouldthe client wishusto provide and/or negotiate with third parties,anyofthe aforementioned servicesoranyother additional work not included in this proposal under theScopeof Work,we will provide itona Time ChargeplusExpensesbasis,computed as the sum the following: •Approved Employee Category andCertified Wage Rates •Non-Salary expenses times amultiplierof 1.05 Non-Salary expenses include such typical expenses as cost of:transportationand subsistence;toll telephonecallsandtelegraph;printing and reproduction;computertime andprogrammingcosts;identifiable supplies;subcontract services suchas:surveys, subsurface investigation and testing by commercial laboratories. 5.CLIENT RESPONSIBILITIES Provide access to and make allprovisionsforthe Engineer to enter uponpublicand privatelands as requiredfor the Engineer toperformhiswork under thisproposal. Place at the disposal of the Engineer all available information pertinent to the project upon which the Engineer can rely,including previous reports and any other data related to the design and construction of the project. Designate a person to act as the Client's representative with respect to the work to be performed,such person to have complete authority to transmit instructions, receive information,interpret and define the Client's policies and decisions with respect to the work covered by this proposal. 2191 NW 97 Avenue Miami,Florida 331 72-231 3 Tel.(3 05)477-7 57 5 Fax (30 5)477-7590 www.marl*n&nQin&eririQ.sam smm0M 6.SCHEDULE &DELIVERIES A "signed and sealed"set of contract plans shall be submitted as depicted in the schedule below. Task,Sub- Task or Activity ID SCHEDULE OF DELIVERABLES Major Task,Sub-Task,Activity,or Deliverables Initial Submittal (90%Plans) Final Submittal (100%Plans) Duration Delivery Date 16 weeks +16 weeks 4 weeks +20 weeks The Engineer has neither jurisdictionnorcontrol over theregulatory agencies and their plans review process,therefore the Engineer shallnotbeliableforthe delays created by said agencies. 7.ACCEPTANCE Thereturnofan executed copyofthisproposalwould constitute ourauthorizationto proceed. Verytruly yours MARLIN ENGINEERING,INC. J ^"U-V—- James E.Spinks III,PE,PTOE Vice President ACCEPTED BY:DATE: 2191NW97 Avenue Miami,Florida 331 72-231 3 Tel.(305)477-7575 Fax (305j 47 7-7590 www.marlir&om33r*OGririg.cc»r}ri MARLIN ENGINEERING,INC MARLIN ENGINEERING,INC. CONSULTANT SERVICES FOR CITY OF SOUTH MUMI South Miami Traffic Calming Design,Permitting andConstruction Support FEE PROPOSAL 8/20/2014 Task iliilPI iPiiii 9 Activity Principal Project Manager Senior Engineer Engineering Intern Engineering Tech GIS Specialist Clerical TOTAL 1 Rates S 165.00 $145.00 $135.00 $110.00 S 80.00 $80.00 $50.00 2 Traffic Circles ^mmmmmmmmmmmmmsism«4M$&>$8§^'is^sS££iMMnW 8.0 20.0 120.0 4.0 152.0 7 Speed Tables 12.0 24.0 180.0 216.0 Sub-total Hours -20.0 44.0 300.0 -.4.0 368.0 Sub-total Salary Cost $$2,900.00 $5,940.00 $33,000.00 $$$200.00 $42.040.00 m^^^m^snm^^mm^mmmp^^^M^m^^JsewwIlf^lliiP^^^^^^^^^^e^l^^^^^^^^^^^^^: MDPWD Specifications |4.0 16.0 8.0 28.0 Sub-total Hours -4.0 16.0 8.0 -__28.0HiSub-total Salary Cost $$580.00 $2,160.00 $880.00 $$$S 3.620.00 IBs i^^^^^^mmm^^^^^^^^^^mmmmsamsmmttHHM rnsmsm^B^ito^^Obtain permit from MDPWD-Traffic Engineering j 8.0 16.0 16.0 40.0 . Sub-total Hours '-8.0 16.0 16.0 ___40.0 Sub-total Salary Cost $$1,160.00 $2,160.00 $1,760.00 $s $S 5.080.00 ^^^^^^^^mn^^^^^^^^^^^^m^^^^mnWiil^^i^^^Hmamma^mssmm mmm^ Meetings |2 8.0 8.0 8.0 26.0 Sub-total Hours 2.0 8.0 8.0 8.0 _. '26.0 lilt Sub-total Salary Cost $330.00 $1,160.00 $1,080.00 $880.00 $$$S 3,450.00 . w^^^^^^^^^^^^^^^^^^^^mMPii^^^^i^i^i^^*feM^^^i^M^^ii»^ Periodic Inspection j 2.0 40.0 42.0gpIS ffiiBl . Sub-total Hours -2.0 40.0 -.__42.0 Sub-total Salary Cost $$290.00 $5,400.00 $$$$$5,690.00 Marlin Engineering Total Hours 2.0 42.0 124.0 332.0 -.4.0 436.0 1 ^Mlllft Marlin Engineering Salary Cost $330.00 $6.090.00 $16.740.00 $36.520.00 $$$200.00 S 59,880.00 1 ' Subtotal $59,880.00 MARLIN ENGINEERING COST FEE $59,880.00 SUBCONSULTANTS COST FEEb^li§¥^!»^:^^>S^39,S80.005 Page 1of1 AGREEMENT FOR PROFESSIONAL SERVICES i^Tday ofsS^Lr •20i^L byTHISAGREEMENT,entered into this /l^dav of ^KpKlnter .20/7 ,by the CITY OF SOUTH MIAMI through its City Manager,both of whom shall hereinafter be referred to as the "CITY"where applicable;and MarlinEngineering,Inc.withanoffice and principalplaceof business located at 2191 NW 97th Ave,Doral,FL 33172 (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY isin need of all project management and professional engineering services required for the design and preparation of a complete set of construction contract plans for a drainage improvements,at the following locations: •Traffic Circle at SW 78 Street and SW 63 Avenue •Traffic Circle at SW 82 Street and SW 58 Avenue •Speed Table along SW 79 Street between SW62 Avenue and SW 63 Avenue. •Speed Table along SW 81 Street between SW60 Avenue and SW 62 Avenue. •Speed Table along SW 81 Street between SW 59 Avenue and SW 60 Avenue. •Speed Table along SW 83 Street between SW 57 Avenue and SW 58 Avenue. •Speed Table along SW 83 Street between SW 58 Avenue and SW 59 Avenue. •Speed Table along SW 84 Street between SW 60 Avenue and SW 62 Avenue. Speed Table along SW 84 Street between SW 59 Avenue and SW 60 Avenue The elements ofworkshallincluderoadway analysis,topographic survey,signingand pavement markings,anddrainageand geotechnical activities asrequired.All existing features,i.e. sidewalks,driveways,etc.,requiring repairor replacement,shallalsobeaddressed accordingly; and WHEREAS,the CITY desirestoretain the CONTRACTOR toprovide the requiredgood and/or services based onthe CONTRACTOR'S representations thatitis qualified and capable of providing saidgoods and/or servicesina professional andtimelymannerandinaccordance with the CITY'S goals and requirements;and WHEREAS,the CONTRACTOR has agreed to provide the services identified inits August 26,2014 proposal fortheproject entitled "Pinecrest Traffic Calming Design",pursuanttoits Professional Service Agreement with the City of South Miami for Civil Engineering services for Roadway Projects,datedJune28,2013.A copy ofthe Proposal andthe Professional Service Agreement is attached. NOW#THEREFORE,In consideration ofthe mutual covenants andagreements herein contained,the parties agree asfollows: 1)The recitals set forth above aretrue and correct representations ofthe parties andtheyareherebymadeapartofthisagreementbyreference. Thomas F.Pepe 2014 7/1/14 Page-1-of 4 CONTRACTOR ™*?f^T °F C?TRACT0R:Based ™*e representations of theCONTRACTORassetforthaboveandassetoutinthefollowing"checked"documents «*. box preceding the document to indicate that such document Is part of this contract): d CONTRACTOR'S response to the City's written solicitation;or $>CONTRACTOR'S proposal or quote ™T,hertV reta?nS the C0NTRACT0R t0 Provide the goods and/or services set forth in saidproposalquoteorresponsetosolicitation,whichever is applicable,as modified by the Contract Documents (hereinafter referred to as the Work"). ♦k *,.3)-«C?nt.raCt Documerrts:The Contract Documents shall include this Contract and£efoll0W,ng chatted documented a General Conditions to Contract a Supplementary Conditions ft "Other documents"referring to this contract and signed by the parties a Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid,proposal or similar request) a Scope of Services a Contractor's response tothe City's Bid Documents £Contractor's proposal orquote a City's Insurance Requirements d City's Indemnification Requirements d Payment Bond d Performance Bond As well as any attachments or exhibits that are made a part of any of the "checked documents" This Contract and,if a "checked document",the General Conditions to Contract,Supplementary Conditions,the Solicitation,Scope of Services and "other documents",shall take precedent over the proposal.The "checked documents"are attached hereto and made a part hereof by reference. 4)Date of Commencement:The Contractor shall commence the performance under this Contract on a date to be specified in a Notice to Proceed,or Purchase Order ("Work Commencement Date"),and shall complete the performance hereunder within teg days or the length of time set forth in the Contract Documents,whichever Is the shorter period of time.Timeis of the essence. 5)Primary Contacts:The person in charge of administering this Agreement on behalf of the CITY is the City Manager or such other person as the City Manager may designate in writing.The primary contact person for the CONTRACTOR shall be IS*^.Vtv^«, Thomas F.Pepe2014 7/1/14 Page-2-of 4 6}Scope of Services:Thegoods and/or servicestobeprovided are as set forthin the "checked documents". 7)Compensation:The Contractor's compensation for the performance of this contract (hereinafter referred to as the Contract Price)shall be as set forth in Contractor's response to the City's written solicitation,ifany,or,if none,then as set out in Contractor's proposal or quote,whichever is applicable,and as modified by the Contract Documents. 8)Hours of Work:In the event that this contract requires the performance of services, itis presumed that the expenses of performing Work after regular working hours,and on Sunday and legal holidays is included in the Contract Price.However,nothing contained herein shall authorize work ondays and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 9)Time Provisions:The term of this Agreement shall commence on the Work CommencementDateandshallcontinuefor \Z&t*»7;s untilitexpires jfo )c k,XX KXK . unless earlier terminated according to anyof the terms of this Agreement.Notwithstanding the foregoing,this Agreement maybe extended byan additional Z&period if the extension isin writing and signed by the City Manager.An extension of the term of this Contract is at the CITY's sole and absolute discretion. 10)Termination:Thiscontractmaybe terminated without causeby the City with30 daysofadvancedwrittennotice.This provision supersedesandtakesprecedenceoverany contrary provisions for termination contained in the Contract Documents. 11)ApplicableLawandVenue:Florida lawshallapplyto the interpretation and enforcementofthiscontract.Venue for all proceedings shall bein Miami-Dade County,Florida. 12)Insurance,Indemnification &Bonding:CONTRACTOR shall comply withthe insurance,indemnification and bonding requirements set forth in the Contract Documents. Any provision inanycontractdocumentthat provides for indemnification bythe aty issubject tothe City's rightto sovereign Immunity andthe protection provided by Florida Statutes, including Section 768.28.Furthermore,nothing containedinanycontractdocumentsshall waiveorlimitsuch immunity or protection. 13)Liquidated Damages:In the event thatthe Contractor shall fail to complete the Workwithin the timelimit set forthintheContractDocuments,or the extendedtimelimit agreedupon,inaccordancewiththe procedure asmore particularly setforthinthe Contract Documents,liquidated damages shall be paid atthe rate of $flQM dollars per day until the Workis completed. 14)Jury Trial Waiver:Theparties waive their right tojurytrial. Page -3 -of 4 Thomas F.Pepe 2014 7/1/14 15)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreement ofthe parties and supersedes any prior agreements,written or oral.The Contract Documents may not be modified or amended except in writing,signed by both parties hereto.The Contract Documents,in general,and this paragraph,in particular,shall notbe modified or amended by any acts or omissions ofthe parties.No failure to exercise and no delay in exercising any right,power or privilege shall operateasa waiver.No waiver ofthe Contract Documents,in whole or part,including the provisions of this paragraph,may be implied byany act or omission. 16)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701)while providing goods and/or Services onbehalfofthe CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all of its subcontracts for this Project. IN WITNESS WHEREOF,the parties,haveexecutedthisContractonorpriortothe date first above written with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Marlin Engineering,Inc. ATTES Maria M.Men City Clerk Read and, Legali ved as to :ecution thei k& F.Pepe,Esq Attorney Thomas F.Pepe2014 7/1/14 guage, By:. (Print name and title a CITYO«etTffrMIAMI Bv:^^7 ^^\SJev^n Alexander City Manager Page-4-of 4 RESOLUTION NO.:151-13-13969 A Resolution authorizing the CityManager to execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA",with EAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,lnc„R.J.Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,CH.Perez &Associates Consulting Engineers,Inc.,for the following professional services:Architecture,Civil/Environmental Engineering,Structural,and Traffic &Transportation Engineering. WHEREAS,theMayorandCityCommission desire to enter into service agreements forprofessional servicesforthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Traffic and Transportation Engineering;and WHEREAS,pursuant toFlorida Statute 287.055 forCCNA,theCitysolicitedqualificationfrominterested firmsandtheCity'sreviewcommitteeconductedathoroughreviewofthe qualifications ofthefirmsthatresponded to the solicitation,and upon evaluation the firms were ranked ;and WHEREAS,theCitymetwiththe firms andreviewedtheproposed hourly billing ratesandthe following firms haveagreeduponthehourly billing ratesdisclosedintheProfessionalServiceAgreementrequestfor qualifications;EAC Consulting,Inc.Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,Inc., R.J.Behar andCompany,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,CH. Perez &Associates Consulting Engineers,Inc.;and WHEREAS,the Mayor and City Commission desirestoauthorizethe City Managertoexecutethe professional service agreements. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:The City Managerishereby authorized toexecutethe form ofthe professional service agreementthatisattached,forthenegotiated hourly ratesinaccordance with theprocedureset forth in Florida Statute 287.055 (Consultant's Competitive Negotiation Act)with EAC Consulting,Inc,Marlin Engineering,Inc.,The Corradino Group,Inc.,SRS Engineering,Inc,,R.J.Behar and Company,Inc,T.Y.Lin International,Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,CH.Perez&Associates Consulting Engineers,Inc Section 2:Ifanysection clause,sentence,orphraseofthis resolution isforanyreasonheld invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity ofthe remaining portions of this resolution. Section 3.This resolution shalltakeeffect immediately upon adoption. PASSED AND ADOPTED this 6th dayof August 2013. ST:__APPROVED: COMMISSION VOTE: Mayor Stoddard: ViceMayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea City of South Miami PUBLIC WORKS &ENGINEERING DEPARTMENT 4795 SW75lh Avenue Miami,FL 33155 Tel.(305)663-6350Fax(305)668-7208 TO:Steven Alexander.CityManager FROM:JorgeL.Vera,Capital ImprovementProject Manager DATE:Augusts 2013 South Miami 1 Afl-AmertcaC 'till Resolution:A Resolution authorizing the City Managertoexecutea Professional Service Agreement provided under Florida Statute287.055Consultant's Competitive Negotiation Act "CCNA", with EAC Consulting,Inc,Martin Engineering.Inc..The Corradino Group,Inc..SRS Engineering.Inc..R.J.Behar and Company,Inc,T.Y.Lin International.Stanley Consultants,Inc.,Sol-Arch,Inc.,Civil Works,Inc.,OH:Perez&Associates Consulting Engineers,Inc.,forthe following professionalservices:Architecture,Civil/Environmental Engineering,Structuraland Traffic &Transportation Engineering. Background:OnJune 4,2013.,.,the City Commission approved a resolution (#120-13-13938) authorizing theCityManagertonegotiate hourly billing ratesandtoexecutea ProfessionalService Agreement with the firms thatwereselected from ourrequest for qualificationsRFQ#PW-S2Q13-04 for Architecture,Landscape Architecture, Civil/Environmental Engineering,Structural and Traffic &Transportation Engineering. Ofthe24 firms selected,City staffhasmet with and reviewed theproposed hourly billing ratesfortheabovereferenced firms.After negotiating anacceptable hourly billing rate with the firms,the firms entered into aProfessionalService Agreement inorderto provide professional engineering servicestothe City attheagreed hourly billing ratefor future projects. In anefforttoprovidetransparencyand accountability,the hourly billing rateperjob classificationis based on FDOT's ConsultantWageAverageReportfortheperiodof May 2012toMay2013isattached.ThereportisbasedonanFDOTyearlydata collection andanalysisofthe prevailing hourly wageratebyjob classification within different geographical areas inthe State.Our geographical area is within District6which encompasses Miami-DadeandMonroeCounties.Theratesinthereportarenegotiated unloaded rates whichprovidepersonnelhourly billing rateperclassificationexcluding company overhead and benefit.To the hourly negotiated unloaded rate,each firm adds a multiplierfor the company's overhead and benefits.The multiplierinDistrict6 ranges from 2.5 to 3.1,depending onthe size ofthefirm. Please findbelowthefirmsthathavesubmitteda signed Professional Service Agreement,which includes their negotiated hourly billing rate plusthe multiplier.Upon furtherfuturenegotiations,additionalfirms will be presented totheCityCommissionfor their approval. •EAC Consulting,Inc. •Marlin Engineering,Inc. •The Corradino Group,Inc. •SRS Engineering,Inc. •R.J.Behar and Company,Inc. •T.Y.Lin International •Stanley Consultants,Inc. •Sol-Arch,Inc. •Civil Works,Inc. •CH.Perez &Associates Consulting Engineers,Inc. Uponapproval of the Professional Services Agreements bytheCity Commission,City staff will request quotes forCity projects fromindividualfirmsonarotating basis andin accordance with Florida Statutes 287.55CCNA.The quotes will be negotiated based on the scope ofaproject,durationandthecontractualhourly billing rate.UpontheCity staff negotiating afinal cost toperformtherequiredproject,a resolution will be presented to the City Commission fortheirapproval. Please note that the execution of these Professional General Service agreements does not commit the Citytoany maximum amount of fees nor guarantee anywork.' Attachments:Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CD Listed consultant hourlybilling rates FDOT Consultant wage average report Resolution 120-13-13938 Sunbiz *)Qcccckk>" PROFESSIONAL SERVICE AGREEMENT General \(tP^tC £**^»*g«**CSefvices THIS AGREEMENT made and entered into this £l day of ^OM\£.20 P by and between the CITY OF SOUTH MIAMI,a political subdivision ofthe State ofFlorida and /viAaui/J &**itie&-<U*e\In*, authorizedtodo business intheStateof Florida,hereinafterreferred to asthe "CONSULTANT'. In consideration ofthe premises andthe mutual covenants contained in this AGREEMENT,the CITY OF SOUTH MIAMI,through its City Manager,agrees to employ the CONSULTANT for a period ending on r^Q Cg ,*2.G\l0 and the CONSULTANT agrees to be available,continuing basis,to perform professional services in connection with projects)where the basic estimated construction costsof each individual project does not exceed $2,000,000.00 or where the individual study does notexceed $200,000.00,herein after called the "SERVICES". 1.0 General Provisions I.I The CONSULTANT may be awarded work and issued a Notice to Proceed to provide professional services fora project,fora portion ofa project,orfor discrete tasks ona project.Additional Professional Services,forthe purpose of reviewing work performed by other professional consultants or forother miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued onanas needed basis atthe sole discretion ofthe City Manager,or his designee,hereinafter referredtoas "CITY".TheCityof South Miami reserves,at all times,therightto perform anyand all engineering work in-house or with other engineers.This AGREEMENT doesnotconferonthe CONSULTANT any exclusive rights to perform workon behalf oftheCityofSouth Miami,nordoesit obligate theCityof South Miami inanymannerto guarantee workforthe CONSULTANT.The CONSULTANT may submit proposals for any professional services forwhichproposalsmaybe publicly.solicited by the CityofSouth Miami outsideofthis AGREEMENT. 1.3 The CITY will conferwiththe CONSULTANT beforeanyNoticetoProceedis issued to discuss thescopeofthework;thetimeneededtocompletetheWORKandthefeeforthe services tobe rendered in connection with the WORK. 1.4 The CONSULTANT will submita proposal upon the CITY'S requestpriortothe issuance ofa Notice to Proceed.Nopayment will bemadefor the CONSULTANT'S timeandservicesinconnection with the preparationofanyproposal. 1.5 TheCITYagrees that it will furnishtothe CONSULTANT plans and other data available inthe CITY files pertaining totheWORKtobeperformedunderthis AGREEMENT promptly aftereachNotice to Proceed. 1.6 TheCONSULTANTagrees to produceanddistribute minutes,promptlyaftereachmeetingat whichthe CONSULTANT'S presenceisrequired. Page I of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK 4-3-13,GM 6-18-13) 1.7 TheCITYmaydesignatearepresentativewho,onbehalfoftheCityManager shall examinethe documentssubmittedbytheCONSULTANTand shall renderdecisionspromptly,toavoidunreasonable delayintheprogressof the CONSULTANTSservices.The CONSULTANT shall keepthe CITYS representative advisedonthe project statusatalltimes. 1.8 .The CITYagreestoissuealldirectivesandapprovalin writing. 2.0 Professional Services 2.1 General Services The professional services tobe provided bythe consultant may beoneormoreofthe following, and include but not limited to: A.Roadway Engineering to include streets,sidewalk,curb,gutter,drainage,associated trafficcontrol devices,stripping,lighting,irrigation,speedreductiondevicesandresidential landscaping. B.Drainage Design includes the necessary analysis needed to implement proposed drainage improvements,preparationof paving and drainage plan for municipal building and facilities. .C.Civil Engineering,,to include Distribution Systems improvement /Analysis and design andSanitarySewerSystem Evaluation and design. D.Environmental Engineering,including,site investigation and design needed to prepare remediation plans to mitigate undergroundstoragetanks,hazardous waste materials and asbestos materials. E.TrafficEngineeringServices will include daily volume counts,data analysis,preparation ofconceptual improvements plan,presentreportsand recommendations to stakeholders andpreparationof final traffic engineering report F.^rc^!^^sp>ecifications jfor new constructions as well as additions and renovations,*attend meetings with City staff and presentations to City Commission;provide plans developed on AutoCAD latest version and copies of reproducible hardcopyanddisketteof plans in the requested format. G.Landscape Architecture including providing drawings and specifications for landscape projects;sitemaster planning,analysis and design,urban design plans/concept diagrams, open space planning,analysis and design;community planning,analysis and design;natural resource planning analysis and design;Parks design;renderings/modeling;provide plans developed on AutoCAD latest version and copies of reproducible hard copy and diskette ofplansin the requestedformat. H.Registered Surveying andMapping Other incidental services associated to the above items. Page2of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) 2.2 Design &Construction -BasicServices 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 services for any portion or all .ofthe six Phases outlined below applicable to its profession.The CONSULTANT agrees to co-ordinate its effort with that ofany other providers of professional services to assure a coordinated and complete WORK.In a multi-professionally consulted project,the lead CONSULTANT,as designated bythe CITY,shall prepare the final bid package including bid documents and specifications,which shall be prepared by,and be the responsibility ofthe respective disciplines. 2.2.1 Phase l-Preliminary and Schematic Design: A.TheCONSULTANT shall conferwith representatives oftheCITY and theenduserto determine the full scope ofthe Project that will meetthe program requirements,and shall advise the.CITY if,in the CONSULTANTS opinion,the allocated funds are adequate to accomplish the program requirements,as defined by an individual purchase order for the specific work to be performed. B.TheCONSULTANT shall use proper and adequate design control to assure theCITYthat the programrequirementswillbe met C.The CONSULTANT shall prepare a Design Concept and Schematic Report,comprising of the Project Timetable (Master Schedule),Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise)as defined below,and the Statement of Probable Construction Cost. D.The Proposed Project Timetable shall consist ofa schedule showing the proposed completion dateon each Phase ofthe Project through design,bidding,construction,and proposed date of completion. E.The Planning Summary (unless advised otherwise)shall consist ofa vicinity plan and blow upoftheSite (if applicable)showing Project orientation,and abriefsummary of all pertinent planning criteriausedfor the Project. F.The Schematic Design Studies (unless advised otherwise)shall consistof all plans, elevations,sections,etc.as required toshowthe scale and relationship ofthe parts andthe design conceptofthewhole.A simple perspective sketch,rendering,model or photograph thereof maybeprovidedtofurthershowthe design concept. G.The CONSULTANT shall presentthe Schematic design studiestothe appropriate commission,committee,agency or board (hereinafter collectively referred toas "Boards") fortheir approval whentheproject requires such approval.TheConsultant shall make copiesnecessaryforpresentationtotheBoardatno additional cost toCity. H.The CONSULTANT shall presentthe schematic design studies to all the appropriate utility companies(suchas FPL,Southern Bell,Dynamic Cable,MDWASA,etc.)foranyconflict with their utilities. Page3of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) I.The Statement of Probable Construaion Cost shallinclude estimated cost of the Project including fixedequipment,professional fees,contingencies (ifany),escalation factors adjusted to the estimated biddate,movableestimate(ifany),andutility service extensions (if applicable).The CONSULTANTS opinionsof probable TotalProjectCostsand Construction Cost are to bemadeonthebasis of the CONSULTANTS experience and qualifications andrepresentCONSULTANT'Sbestjudgmentasanexperiencedand qualified professional,familiar withthe local constructionindustryandprices. J.The CONSULTANT shall submitandpresent two (2)copies of all documents required under thisPhase,without additional charge,forapprovalby the CITYandit shall not proceedwith the next PhaseuntildirectedbytheCITYinwriting. 2.2.2Phase 11 -Study andDesign Development: A.FromtheapprovedSchematic Design documents,the CONSULTANT shall prepare Design DevelopmentDocuments,comprising the drawings,outline specifications andotherdocuments to fixanddescribe the sizeand character oftheentireProjectas to constructionand finish materials and other items incidental theretoasmaybeappropriateand applicable. B.The Design Development Documents shall comprisethe Proposed Project Timetable (updated),Outline Specifications,Updated Statement of Probable ConstructionCost,and Design Development Drawings,etc.,asrequiredto clearly delineate the Project.Ifthe Updated Statement of ProbableConstruction Cost exceeds the allocated funds,feasible cost or scope reduction options shall be included. C.TheCONSULTANT shall submit and present two(2)setsof all documents required underthis Phase,without additional charge,for approval bytheCITY and not proceed withthenext Phaseuntil directed by the CITY inwriting. D.The CONSULTANT shallatall times monitor the Probable Construction Costs to make certain they remainwithinthetotal allocated budget.ANoticetoProceedto Phase III willnot be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase HI -Final Design /Construction Documents Development: A.From the approved Design Development Documents,the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements forthe construction ofthe Project including the Proposal (Bid)Form and other necessary information for bidders, Conditions oftheContract,and Complete Drawings and Specifications.TheCONSULTANT shall use Construction Specifications Institute (CSI)Standards and theCityof South Miami Standard forms forthe preparation ofthe 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.The final draft ofthe construction documents shall meetthe requirements of and beapprovedbytheCityAttorney. B.The Construaion Documents shall be prepared in a manner that will assure clarity of line work,notes,and dimensionswhenthedocumentsarereducedto 50%of theirsize.All drawings shall beon 24"x 36"paper f'D"size),onthe CITY's standard sheet format,unless Page4 of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK 4-3-13,GM 6-18-13) approved otherwise. C.All construaion documents shall be submitted in both "hard copy"and electronic media in a mutually agreed uponelearonic format,but generally as follows: 1.Non-drawing submittalsinMicrosoftOffice Word format. 2.Drawingsin AutoCAD format. 3.GIS files should be in ArcView format Version 3.2. D.Whenthe development ofthe drawings has progressed toat least 50%completion in Phase III,theCONSULTANT shall submit two (2)copies totheCITY for approval,without additional charge,along with updated outline specifications.The CONSULTANT shall also submitatthistimean updated Statement of Probable Construction cost as indicated bytime factor,changes in requirements,or general market conditions and an updated Projea Schedule. E.The CONSULTANT shall,not proceed withthe further development until approval ofthe documents is received from the CITY in writing.The CONSULTANT shall make all changes todocuments required bytheCITY.before proceeding further.Asetofthe revised documents shall be returned totheCITYafter incorporating all ofthe changes,if any. F.ANotice to Proceedfor the completionof Phase III will notbeissuedifthelatestStatementof Probable Construaion Cost exceeds the totalallocatedfunds,unless the CITY increases the total allocated funds ortheCONSULTANT and theCITY agrees onmethodsofcost reduaions sufficient to enable construaion within theprojeabudget G.Upon 100%completion of the Construction Documents,the CONSULTANT shall submitto theCITYa final,updated Statement of Probable Construaion Cost along withtwo (2)copies eachofthe final draftof all drawings;specifications,reports,programs,etc.,without additional charge,fora final review and comments or approvals. H.TheCONSULTANT shall make all the necessary presentations tothe appropriate CITY Boards whichwouldbe normally required ofanyconstruaion projea (such as Environmental Review Board,Historical Preservation Board etc.)forthe final approval. I.The CONSULTANT atnoextracosttotheCITY shall make all required changes or additions andresolve all questions resulting from Board review(see paragraph H)ifthe changes or additionsdonotalter the scopeofthe projea asdeterminedunder paragraph 2.2.1 A.The 100%complete final ConstructionDocuments shall bereturnedtotheCITYfor final approval. Upon final approvalby the CITY,the CONSULTANT shall furnish to theCITYaminimumof 30setsof drawings and specifications,without additional charge totheCITYfor bidding purposes,unless instruaed otherwise. J,TheCONSULTANT shall arrange for"dry runs"and/or make final submissions to appropriate authorities(regulatoryagencies to includeand not limitedtoCity,County,Stateor Federal)as necessary,to ascertain that the Construaion Documents meet thenecessary requirements to obtain all the necessarypermitsforconstruction.The CONSULTANT shall respondto all technical questionsfrom regulatory agencies.The CONSULTANT.shall modify,atno additional costtoCITY,inordertoacquirethe necessary permits. Page 5 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 2.2.4Phase IV -Biddingand Negotiation Phase* A.Uponobtainingallnecessaryapprovals of the Construction Documents,andapprovalby the CITY of the latest Statement of Probable Construaion Cost,the CONSULTANT shall furnish the drawingsand specifications asindicatedabovefor bidding,andassist the CITYin obtainingbidsaswellasawardingand preparing construaion contracts.The CONSULTANT shall attend all pre-bidconferences.The CONSULTANT shall bepresent during the bidopeningandaspartofits assistance to the CITYwill tally,evaluateandissue a recommendation to theCITYafterverifyingbond,insurancedocuments,questionnaire and reference submitted bytheconstructor. B.The CONSULTANT shall issueAddendato the Construction Documents throughthe CITY as appropriate to clarify,correct or changeBid Documents. C.If Pre-Qualification of biddersisrequiredassetforthin the Requestfor Qualification,the CONSULTANT shall assistCityin developing qualification criteria,review qualifications of prospeaive bidders,andrecommendacceptanceorrejectionoftheprospectivebidders. D.If the lowest responsible BaseBidreceived exceeds theTotalAllocatedFundsthe.CITY may: 1.Approve the increaseinProject Cost andawarda construaion contraa or, 2.rejea all bidsandrebidthe Project withina reasonable timewithno change inthe Project,or 3.Direa the CONSULTANT to revisetheProjeascopeor quality,orboth,as approvedby the CITYandrebidthe Project,or 4.Suspend or abandon the Project,or 5.Exercise all options under the CityCharterandStateLaw. NOTE:Underitem(2)and (3)above,theCONSULTANT shall,without additional compensation, .assist the ClTY in obtaining re-bids,and awarding the re-bid ofthe project.Under item (3)above, the CONSULTANT shall,without additional compensation,modifythe Construaion Documents as necessary to bring the Probable Construaion Cost within the TotalAllocatedFundswhen the lowest responsible bid is over 15%of the CONSULTANT estimate.All construaion.contracts... mustbeapprovedbytheCityCommissionaftertheCity awards the contraa for commission approval. E.For thepurposeof payment tothe CONSULTANT,the Bidding Phase will terminate and the services ofthe CONSULTANT will be considered complete upon signing of an AGREEMENT withaContraaor.RejeaionofbidsbytheCITYdoesnotconstitute cancellation of the projea. 2.2.5 Phase V -General Administration of the Construaion Contract: A.The Construaion Phase will begin with the City Commission approval ofthe award ofthe Construction Contract and will endwhenthe Contractor's final Payment Certificate is approved andpaidby the CITY. B.The CONSULTANT,as the representative ofthe CITY during the Construction Phase, shall advise andconsultwiththeCITY and shall have authority toaaon behalf oftheCITY Page6 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) to the extent provided in the General Conditions and as modified In the Supplementary Conditions of the Construaion Contract. C.The CONSULTANT shall attend pre-construaion meetings. D.The CONSULTANT shall at all times have access tothe project wherever it is in preparation or progress. E.The CONSULTANT shall visit the site at least weekly and at all key construaion events to ascertain the progress ofthe Projea and to determine in general iftheWORK is proceedinginaccordancewiththeContractDocuments.Onthe basis ofon-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 ofthe WORK as set forth in this AGREEMENT and defined bythe Scope of WORK issued for the individual project Onthe basis oftheon-site observations,theCONSULTANT will advise theCITYastothe progress of and any observed defects and deficiencies inthe WORK immediately in writing. F.The CONSULTANT shall furnish the CITY with a written report of all observations ofthe WORK made by him during each visit to.the WORK.He shall also notethe general status and progress of the WORK,and shall submit same in a timely manner.The CONSULTANT shall ascertain at least monthly that the Contraaor is making timely, accurate,andcomplete notations on record drawings. G.Based on observations atthe site and onthe Contraaor's Payment Certificate,the CONSULTANT shall determine the amount due the Contraaor onaccountandhe shall recommend approval ofthe Certificate in such amounts.The recommendation of approval ofa Payment Certificate shall constitute a representation bythe CONSULTANT tothe CITY that,the CONSULTANT certifies tothe CITY thattheWORK has progressed to thepoint indicated,andthe quality ofthe WORK isin accordance withtheContraa Documents subjea to: 1.An evaluation oftheWORK for conformance with the Contract Documents upon substantial completion. 2.The results ofany subsequent tests required bytheContraa Documents. 3.Minor deviations from theContraa Documents correctable prior to completion and acceptance of the project. H.TheCONSULTANT shall have an affirmative dutyto recommend rejeaionofWORK, which does not conform to the Contract Documents.Whenever,initsreasonable opinion,theCONSULTANT considers it necessary or advisable to insure compliance with theContraa Documents,it will have authority (with the City's prior approval)to recommend special inspections ortestingofany WORK deemednottobein accordance with the Contraa Documents whether or not such WORK has been fabricated and delivered tothe Project,or installed and completed. I.The CONSULTANT shall promptly review and approve shop drawings,samples,and othersubmissionsoftheContractorfor conformance withthe design conceptofthe ProjectandforcompliancewiththeContractDocuments.Changes orsubstitutionsto the Contract Documents shall not be authorized without concurrence with the CITY Page 7of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedSK 4-3-13,GM 6-18-13) J.The CONSULTANT shall reviewandrecommendactiononproposedChangeOrders initiatedby #others,andinitiateproposedchange orders asrequiredbyitsown observations or the requirement of the CITY. K.The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of Substantial Completion of the Project.APunchList of anydefectsand discrepanciesin the WORK required to be corrected by the Contractor shall be preparedby the CONSULTANT inconjunctionwith representatives of the CITYand satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contraaor.He shall obtain from the Contractor all warranties,guarantees,operatingandmaintenance manuals for equipment,releases of lienandsuch other documents andcertificatesasmaybe requiredbyapplicablecodes,laws,policyregulations,the specificationsand the other Contraa Documents and deliver them to the CITY. LThe CONSULTANT shall provide assistance in obtaining Contraaor's compliance withthe ContractDocuments relative to,I)initial instruaionofCITY personnel inthe operation and maintenance ofanyequipmentor system,2)initial start-up and testing,adjusting and balancing ofequipmentandsystems,and,3)final clean-up of the project M.TheCONSULTANT shall provide the contractor withthreesetsof drawings labeled "Construction Plans"forpermitfrom Public Works. 2.2.6 Phase VI -Post Construction Administration A.The CONSULTANT shall prepareandprovidetheCITYwithawritten manual,tobeused bythe CITY,outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational inasafeand effeaive manner. B.The CONSULTANT shall furnish tothe CITY,reproducible record (as-built)drawings updated based on information furnished bythe Contractor:such drawings shall become t^eprop^dyjoitimCITY ___..-..•...:..,.„•...... C.The CONSULTANT shall assistinthe ihspeaion ofthe WORK onemonthbeforethe expiration of any guarantee period orthe sixth month whichever is earlier and report any defective WORK intheProjeaundertermsofthe guarantee/warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correaionofdefeaiveWORKthat may be discovered during the said period. D.TheCONSULTANT shall furnish theCitywitha 3-ring binder labeled "Close-out Documents"that will include,asa minimum,acopy of: •Certificates of completion •As-Builts (1/2 size) •Test Results •Daily constructioninspeaionreports •Progressmeetingminutes •Approved shop drawings Page8 of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK 4-3-13,GM 6-18-13) •Warranty manuals as applicable •Final release of liens •Final paymentto contraaor 2.3 Additional Professional Services Additional Services as listed below are normally considered tobe beyond the scope ofthe Basic Services fordesignandconstruction,asdefinedinthis AGREEMENT,butwhichare additional services which maybeauthorizedwithintheScopeof Work given theCONSULTANT. A.Special analysis ofthe CITY'S needs,and special programming requirements for a project B.Financial feasibility,life cycle costing orother special studies. C.Planning surveys,site evaluations,or comparative studies of prospeaive sites. D.Design services relative to future facilities,systems and equipment,which arenot intended to be constructed aspart of a specific Projea. E.Services to investigate existing conditions (excluding utilities)or facilities ortomake measured drawings thereof,orto verify the accuracy of drawings orother information furnished by the CITY. F.Professional detailed Estimates of Construaion Cost consisting of quantity surveys itemizing all material,equipmentand labor required foraProjea. G.Consultation concerning replacement of any WORK damaged by fire orother cause during construaion,and furnishing professional services ofthetypeset forth in Basic Services as may be required relative to replacement of such WORK,providing the cause is found by the CITY to be other thanbyfaultofthe CONSULTANT. H.Professional servicesmadenecessarybythe default oftheContractororbymajordefectsin the WORK underthe Construction Contract,providing the cause is found bytheCITYto be other thanbyfault of the CONSULTANT. I.Making major revisions changing theScopeofaprojea,to drawings and specifications when such revisions areinconsistentwithwritten approvals orinstruaion previously given bythe CITY andaredue to causesbeyond the controlofthe CONSULTANT. (Major revisions aredefinedasthose changing theScopeand arrangement of spaces and/or scheme orany portion). J.Theservicesofoneormore full-time Projea Representatives. K.Preparing to serve or servingasan expert witnessin connection withanyarbitration proceedingor legal proceedingin conneaion withaProject. L.Professional servicesrequiredafter approval bytheCITYortheContractor's Requisition for Final Payment,except as otherwise requiredunder Basic Services. M.Preparing supportingdata,drawings,and specifications asmayberequiredforChangeOrders Page 9of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) affecting thescopeofaProjectprovidedtheChangesareduetocausesfoundbythe CITY tobebeyondthe control oftheCONSULTANT. 3.0Timefor Completion The sen/ices toberenderedbythe CONSULTANT foranyWORK shall becommenceduponwritten Notice to Proceed from the CITY subsequent to the executionofthis AGREEMENT andshallbe completed within the timebasedon reasonable determination,stated in the said Notice to Proceed. Areasonableextensionoftime will begrantedintheevent there isadelayon the partoftheCITYin fulfilling itspartofthe AGREEMENT,.change ofscopeofworkorshouldanyothereventsbeyondthe controloftheCONSULTANTrenderperformanceofhisduties impossible. 4.0 Basis of Compensation TheCONSULTANTagrees to negotiatea "not toexceed"fee or afixedsumfeeforeachof the WORK assignedtohimbasedontheScopeofsuchWORK.Upon AGREEMENT ofafee,theCITY will issuea writtenauthorizationtoproceedtothe CONSULTANT.Incaseof emergency,the CITY reservesthe right to issue oral authorization tothe CONSULTANT,with the understanding that written confirmation will follow immediately thereafter as possible.For reproduaion of plans and specifications,beyond the requirementsas identified underthis AGREEMENT the CITY will paythedirectcosts. The fees for Professional Services for each Projea shall be determined byoneofthe following methods or. acombinationthereof,as mutually agreeduponbythe CITY andthe CONSULTANT. A fixed sum:The fee fora task ora scope of work may bea fixed sum as mutually agreed upon by the CITY and the CONSULTANT: Hourly rate fee:The CITY agrees to pay,and the CONSULTANT agrees to accept,forthe services renderedpursuanttothis AGREEMENT,feesin accordance withthe following: Category HourlyRate PrincipaL "-•-,.-•:----•••-•—'•- Project Manager Senior Engineer Engineer Construction Manager Construction Inspeaion •^ Senior Draftsman/Technical/CADD Operator fi-C******> Draftsmen Data Processing /Clerical Hourly rates will include all wages,benefits,overhead and profit. Page 10 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments tothe CONSULTANT for all authorized WORK performed during the previous calendar month.For design and construaion 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%uponcompletion and approval of Phase II. •55%upon submittal and approval of 50%complete drawings and outline specifications of Phase III. •75%upon 100%completion and approval of Phases III and IV. •90%upon completion ofthe Projea and approval of all WORK Phase V). •100%upon final completion and approval of WORK elementsA and Bof Phase VI. The CONSULTANT shall submit an original invoice tothe Cit/s projea representative for each payment certifying the percentage oftheWORK completed bythe CONSULTANT. The amount ofthe invoices submitted shall bethe amount due for all WORK performed to date,as certifiedby the CONSULTANT. Therequestforpayment shall include the following information: Project Name and CONSULTANTS Name. Total Contractamount (CONSULTANT'S lump sum negotiated),if applicable. Percent of work completed. Amount earned. Amount previously billed. Due this invoice. Balance remaining. Summary of work donethis billing period. Invoice number and date. CONSULTANT'S W-9 Upon requestbytheCITYthe CONSULTANT shall provide theCITYwith certified payroll data forthe WORK refleaing salaries andhourlyrates. 6.0Right of Decisions All services shall beperformedbytheCONSULTANTtothe satisfaaion ofthe CITYs representative,who shall decide all questions,difficulties and disputes of whatever nature which may arise under orby reason of this AGREEMENT,theprosecutionand fulfillment ofthe services,andthe charaaer,quality,amountand valueandthe representative's decisions upon all claims,questions,and disputes shall be final,conclusive and bindingupon the partiesunlesssuchdeterminationis clearly arbitrary or unreasonable.In theeventthatthe CONSULTANT doesnotconcurinthe judgment ofthe representative astoany decisions madeby him,he shall presenthiswrittenobjections to theCity Manager and shall abidebythe decision oftheCity Manager. Nothinginthis seaion shall meantodenythe right to arbitrate,byeither party,in accordance withthe appropriateArbitrationRules of the AmericanArbitrationAssociation. Page II of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 7.0 Ownership of Documents All reports andreproducible plans,and other datadevelopedby the CONSULTANT forthepurpose of thisAGREEMENT shall become the propertyofthe CITY without restriaion or limitation in conneaion with the owner's useandoccupancy of the project Reuse of these documents without written AGREEMENTfrom the CONSULTANT shall betheCITY'Ssoleriskand without liability and legal exposure to the CONSULTANT. When each individual sectionofthe WORK underthisAGREEMENTis complete all oftheabove applicable data shall be delivered to the CITY. 8.0 Court Appearances.Conferences and Hearings Nothinginthis contraa shall obligate the CONSULTANT to prepare fororappearin litigation on behalf of theCITY without additional compensationexceptforanydispute arising out ofthis contraa unless the CONSULTANT orits employee issubpoenaedtotestifyasafactwitness.Theamountofsuch compensation for expert preparation and testimonyor consultation shall be mutually agreed upon and be subjea toa supplemental AGREEMENT approved bytheCity Commissioners anduponreceiptofwritten authorizationfromtheCITYprior to performanceofacourt appearance andconference. TheCONSULTANT shall conferwiththeCITYatanytime during construaionofthe improvement contemplated asto interpretation of plans,correction oferrorsand omissions and preparation ofany necessary plan thereofto correa such errors and omissions or clarify without added compensation. 9.0 Notices Any notices,reports or other written communications from the CONSULTANT to the CITY shallbe considered delivered when received bytheCITY.Any notices,reportsorother communications from the CITYtotheCONSULTANT shall be considered delivered when received bythe CONSULTANT orits authorized representative. 10.0 Audit Rights The QTY resej^es ^to this AGREEMENT at .anytime during the execution oftheWORK and fora period ofone year after final payment is made.This provisionisapplicableonly to projects thatareonatimeand cost basis. 11.0 Subletting TheCONSULTANT shall not sublet,assign,or transfer anyWORKunderthis AGREEMENT withoutthe prior written consent of the CITY... 12.0 Warranty The CONSULTANT warrants that it has not employed or retained any company or person,other than a bonafide employee workingsolelyfortheCONSULTANT,tosolicitorsecurethis contraa andthathe 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 thiscontraawithout liability. Page 12 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedI SK 4-3-13,GM 6-18-13) 13.0 Termination,of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT 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 theWORK previously authorized and performed in accordance with the provisions ofthis AGREEMENT,such payment to be determined on the basis ofthe WORK performed bytheCONSULTANTuptothetime of termination. Upon termination,the CITY shall be entitled toa refund of any monies paid for any period oftime subsequent to date of termination for which no work was performed. 14.0 Duration of AGREEMENT . This AGREEMENT is for atime period ofthree (3)years,commencing upon approval and execution of AGREEMENT.This AGREEMENT shall remain jn force until the aaual completion of performance ofa given projea awarded totheCONSULTANT,or unless otherwiseterminatedbytheCITY. 15.0 Renewal Option This AGREEMENT mayhe renewed,atthe sole discretion of the CITY,for an additional.period notto exceed atotal contraa period,including renewals,ofone (I)year. 16.0 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 forany completed professional services.In the event partial payment has been madefor such professional services not completed,theCONSULTANT shall returnsuchsumstotheCITY within ten (10).days after notice that said sums are due.In the event.of any litigation between the parties arising outof or relating in any way to this AGREEMENT ora breach thereof,each party shall bear its own costs and legal fees. 17.0 insuranceandIndemnification TheCONSULTANT shall maintain during thetermofthis AGREEMENT the insurance asset forth in "Attachment A,Insurance and Indemnification''to this AGREEMENT. Page 13 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) 18.0 •AGREEMENT Not Exclusive '( Nothinginthis AGREEMENT shall prevent the CITYfrom employing otherCONSULTANTSto perform the same or similar services. 19.0 Codes.Ordinances and Laws The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County,state and federal codes,ordinances,rules,regufations and laws in effea atthetimeof design which haveadirect bearing onthe WORK involved onthis project.*TheCONSULTANTis required tocomplete and sign all affidavits,including Public Entity Crimes Affidavit form (attached)pursuant to FS 287.133(3)(a), asrequiredby the Request for Qualifications applicable to thisAGREEMENT. 20.0 Taxes CONSULTANT shall beresponsiblefor all payments of federal,state,-and/or local taxesrelatedtothe Operations,inclusive of salestaxif applicable. 21.0 DrugFree Workplace CONSULTANT shall complywiththe Drug Free Workplace policy set forth in attachment #two which is madeapart of thisAGREEMENTbyreference. 22.0 Independent Contractor CONSULTANTisan independent entity under this AGREEMENT and nothing herein shall be construed to createa partnership,jointventure,or agency relationship betweenthe parties. 23.0 "Duties and"ResjxSnsibilities ~"'"""~ CONSULTANT agrees to provide its services during thetermofthis AGREEMENT in accordance with all applicable laws,rules,regulations,and health and safety standards ofthe federal,state,and City,which may be applicable tothe service being provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 25.0.EntiretyofAGREEMENT 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 subjea matter hereofthatarenot merged herein and superseded hereby. No alteration,change,or modification ofthetermsofthis AGREEMENT shall be valid unless madein Page 14 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) writing and signed by both parties hereto,and approved by the City Commissioner ifrequired by municipal ordinance or charter. 26.0Jury Trial CITY and CONSULTANT knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial by jury in State or Federal Court proceedings in respect to any action,proceeding,lawsuit or counterclaim arising outoftheContraa Documents orthe performance oftheWork thereunder. 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts,each of which may be construed as an original. 28.0Rules of Interpretation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 29.0 Severability If any term or provision of this AGREEMENT orthe application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this AGREEMENT,or the application of suchtermor provision to personsor circumstances otherthanthosetowhichitisheld invalid or unenforceable,shall notbe affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable tothe fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree thatno failure to exercise and no delay in exercising any right,power or privilege under this AGREEMENT onthe part of either party shall operate as a waiver of any right,power, or privilege under this AGREEMENT.No waiver of this AGREEMENT,in whole or part,including the provisions ofthis paragraph,maybe implied byany aa or omission and will onlybe valid and enforceable if in writing and duly executedby each ofthe parties tothis AGREEMENT.Any waiver ofanyterm,condition or provision ofthis AGREEMENT will not constitute a waiver of any other term,condition or provision hereof,nor will a waiver of any breach of any term,condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination Noaaion shall be taken bythe CONSULTANT which would discriminate against any person onthe basis of race,creed,color,national origin,religion,sex,familial status,ethnicity,sexual orientation or disability. The CONSULTANT shall complywiththe Americans with Disabilities Aa 32.0 Equal Employment In accordance with Federal,Stateand Local law,theCONSULTANT shall not discriminate against any employeeor applicant for employment because of race,color,ethnicity,religion,sex,sexual orientation, national origin or handicap.The CONSULTANT shall complywith all aspects ofthe Americans with Disabilities Act (ADA)during the performanceofthiscontraa. Page 15 of 31 Professional Service AGREEMENT Tpepe©12-3I-I2 (RevisedSK 4-3-13,GM 6-18-13)• 33.0GoverningLaws This AGREEMENT andthe performance of services hereunder will be governed bythe laws oftheStateof Florida,with exclusive venueforthe resolution of any dispute being acourtofcompetent jurisdiaion in Miami-Dade County,Florida. 34.0 Effective Date This AGREEMENT shall notbecome effeaive and binding until it has beenexecutedbyboth parties hereto andtheeffectivedate shall bethedateofitsexecutionbythelastpartyso executing it. 35.0ThirdPartyBeneficiary Itis specifically understoodandagreedthatnootherpersonorentity shall beathirdparty beneficiary hereunder,and thatnoneof provisions ofthis AGREEMENT shall beforthe benefit oforbe enforceable by anyone other thanthepartieshereto,andthatonlytheparties hereto shall haveany rights hereunder. 36.0 Further Assurances The parties heretoagreetoexecuteany and all otherand further documentsas might be reasonably necessaryin order to ratify,confirm,and effeauate theintentandpurposesof the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0Interpretation This AGREEMENT shall notbeconstruedmore strongly against eitherpartyhereto,regardless ofwhowas more responsible foritspreparation. 39.0ForceMajeure Neither.party hereto shall be.in.default ofJte..failureto„perform.Jts obligations underthis AGREEMENT.^ causedbyactsofGod,civil commotion,strikes,labor disputes,or governmental demands or requirements thatcouldnotbe reasonably anticipated andtheeffects avoided or mitigated.Each party shall notifythe other of anysuch occurrence. 40.0 Notices Whenevernotice shall be required or permitted herein,it shall be delivered by hand delivery,e-mail, facsimile transmissionorcertified mail,withreturnreceiptrequestedand shall bedeemeddeliveredonthe dateshownonthe delivery confirmation orifby certified mail,thedateonthe return receipt orthedate shownasthedatesamewas refused or unclaimed.Notices shall be delivered tothe following individuals or entities at the addresses(includinge-mail)or facsimile transmission numbers setforthbelow: To CITY:City Manager,^\^\t^K>^Uy^Mft^A- 6130 Sunset Dr. South Miami,FL 33143 Fax:gPvS>"34-l-C>S#4 Page 16 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) With copiesbyU.S.mailto: To CONSULTANT:£^e &e*J»A E-mail:£aW*>*>&&£<£.3a<AUrh(Am\\r-L><Z<*/ City Attorney,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami.FL 33143 Fax:(305)341-0584 E-mail:tpepe@southmiamifl.gov IN WITNESS WHEREOF,this AGREEMENT is accepted onthe date first above written subject to the terms and conditions set forth herein. WITNESSES ^^*7t "CONTRACTOR Signature: Name: AUTHENTICATION:*^^ Signatur tMenendez llerk as to Fori U 7 T,^,e:Vt cc YBJE.U OWNER:CITY OF SOU Signature: ageJ-egality andExecution T>&*.M-x pro **om~ Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Page 17 of 31 Attachment A Insurance and Indemnification Page 18 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Insurance and Indemnification I.Insurance and Indemnification Without limiting its liability,the proposing firm shall berequiredto procure and maintain atitsown expense during the life of theContract,insurance of the typesandin the minimumamountsstated belowas will protectthe proposing firm,from claims which may arise outofor result from the proposing firm's executionofacontractwiththeCityofSouth Miami for Performance Based Audits, whether such execution bythe firm orby any sub-consultant,orby anyone directly or indirectly employedbyanyofthemorby anyone forwhoseactsanyofthemmaybe liable. The CONSULTANT shall not commence work onthis AGREEMENT untilhehas obtained all insurance requiredbytheCITY.TheCONSULTANT shall indemnify andsavetheCITY harmless from any and all damages,claims,liability,losses and causes of actions of any kind or nature arising out ofa negligent error,omission,oraaofthe CONSULTANT,its agents,representatives,employees, Sub-Contractor,or assigns,incident to arising outofor resulting from the performance ofthe CONSULTANTS professional services under this AGREEMENT.The CONSULTANT shall pay all claims and losses of any kind or nature whatsoever,in connection therewith,including the CITY's attorney'sfeesandexpensesinthe defense ofany action in law orequity brought against theCITY arising from the negligent error,omission,oractofthe CONSULTANT,its agents,representatives, employees,Sub-Contractor,or assigns,incident to,arising outofor resulting from the performance of the CONSULTANT'S professionalservicesunderthis AGREEMENT. The CONSULTANT agrees and recognizes thatthe CITY shall notbe held liable or responsible for any claims,including thecosts and expenses of defending such claims which may result from or arise outof actions or omissions ofthe CONSULTANT,its agents,representatives,employees,Sub- Contractors,sub-contractors,or assigns.In reviewing,approving or rejecting any submissions or acts ofthe CONSULTANT,the CITY in no way assumes or shares responsibility or liability ofthe CONSULTANTS,Sub-Contractors,their agents or assigns. The CONSULTANT shall maintain during thetermofthis AGREEMENT the following insurance: A.Professional Liability Insurance ona Florida approved form inthe amount of$1,000,000 with deductible per claim if any,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 outof 'the services orwork performed bythe CONSULTANT its agents,representatives,Sub- Contractorsor assigns,orbyany person employed or retained by him in connection withthis AGREEMENT.This insurance shall be maintained for four years Insurance and Indemnification July 25,2012 after completion ofthe construction and acceptance of any Project covered bythis AGREEMENT.However,the CONSULTANT may purchase Specific Project Professional Liability Insurance,in the amount and under the terms specified above,which is also acceptable. B.Comprehensive general liability insurance with broad form endorsement,ona Florida approved form 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 and $2,000,000 aggregate,including: a.Personal Injury:$1,000,000; b.Medical Insurance$25,000perperson; Page 19 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) c.Property Damage:$500,000each occurrence; d.Automobile Liability:$1,000,000 each accident/occurrence. C.Umbrella Commercial General Liability insurance ona Florida approvedformwiththesame coverageasthe primary insurance policy butintheamountof$1,000,000per claim. TheCITYmustbe named as additional "named"insured for all except Workers'Compensation, and reflectthe indemnification and hold harmless provision contained herein.Policy must specify whether itisprimaryorexcess/umbrellacoverage.TheCITYmustreceive 10 daysadvance written notice of anypolicymodificationand30daysadvance written noticeofcancellation, including cancellationfornon-paymentofpremiums.Allinsurance must remainin full forceand effectforthe duration ofthecontract period withtheCITY.TheCONSULTANTmust provide not onlya"certifiedcopy"of theBinderbutalso the Policy itselfwith the name,addressand phone number of the agentandagencyprocuringtheinsurance. D.Workman'sCompensation Insurance in compliance withChapter440,Florida Statutes,as presently written or hereafter amended; E.The policies shall contain waiver of subrogation against theCITYwhere applicable,shall expresslyprovidethatsuch policy or policies are primary overany other collective insurance thattheCITYmay have.The CITY reserves the right atanytimetorequestacopyofthe required policies forreview.All policies shall contain a "severability ofinterest"or"cross liability"clause without obligationforpremiumpayment of theCITY. F.Alloftheabove insurance required tobe provided bytheCONSULTANTistobe placed with BESTratedA-8 (A-VIII)or better insurancecompanies,qualified to dobusinessunderthelaws of the State of Florida onapproved Florida forms. The CONSULTANT shall furnish certifiedcopiesof all "Binders"orcertificatesofinsuranceto the CITY prior tothe commencement of operations,which "Binders"or certificates shall clearly indicate thatthe CONSULTANT hasobtained insurance inthetype,amount,and classification as required forstrict compliance withthis Section and thatno reduction in limits by endorsement during the policyterm,orcancellation of thisinsurance shall beeffective without thirty (30)daysprior written notice to the CITY ~;--^„:-;„:.:_.,.._;„ Compliance withthe foregoing requirements shall not relieve the CONSULTANT of his liability and obligations underthisSectionorunderanyotherportionofthis AGREEMENT. CONSULTANT agrees to supply copies of certificates of insurance tothe CITY verifying the above-mentioned insurancecoverage.CONSULTANT agreestolisttheCITYasanAdditional Insured ofthe CONSULTANT'S General liability insurance and shall provide theCITY quarterly reports concerning anyandallclaims. Page20 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Exhibit 2 <<,'Affidavits and Forms" (Respondentsmustcompleteandsubmitwiththeirproposal.) Page 21 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent'sSworn Statement underSection 287.1 33(3)(A),FloridaStatutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"shallbe completed and provided with the proposal submittal. 2.Neither the CONSULTANT,nor anyof his/her/its employees shallbe permitted to represent any client before the Commission or any Committee,department or agencyof the CITY,and shall agree not to undertake any other private representation whichmight create aconflictof interest with the CITY.TheCONSULTANTmay not represent anyCommissionmember, .individually,or,any member oftheir family or anybusinessinwhich the Commissionmemberof their familyhasan interest. 3.All proposalsreceived will beconsidered public records.TheCITY will considerallquotations usingsuch criteria as the Commission or CityManagermay adopt at either of their sole discretion.TheCONSULTANTselected will berequired to enter intoaformal AGREEMENT with the CITYinaform satisfactory to the CITY,prior to the execution ofwhich the CITYshall reserve ailrights,including the right to changeits selection. 4.Respondent's Attachment #2 "Drug Free Workplace"form shall becompletedand providedwith the proposal submittal. 5.Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit,"shall be completed andprovidedwith the proposalsubmittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards,"shall becompletedandprovidedwiththeproposal submittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shall be completedandprovidedwiththeproposalsubmittal. Page22of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENTS PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid onaContractto provide any goods or services toa public entity,may not submit a Bid ona Contract with a public entity for the construction or repair ofa public building or public work,may not submit bids on leases of real property toa public entity,may notbe awarded to perform work as a Contractor,supplier,Subcontractor,or Consultant under aContraa with any public entity, and may not transact business with any public entity in excess ofthe threshold amount Category Two of Section 287.017,Florida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor list". The award of any contract hereunder is subject tothe provisions of Chapter I 12,Florida State Statutes. The CONSULTANT must disclose the name of any officer,director,partner,associate or agent who is alsoan officer or employee oftheCityof South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORMMUSTBE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to dlfjj o£S&0*T*4 M\A*M ^|At —"s lPrmt name ofthe public entity] [print individuafs name and title] for rint name of entitysubmittingsworn statement[print name of entity submitting sworn statement] whose business address is 2-1^[/AVa3 ^C\^^€40^ "TW.;Fu 33H2- and (if applicable)its Federal Employer Identification Number (FEIN)is (pS^'S.'l^feol (If the entityhasno FEIN,includethe Social Security Number of the individual signing this sworn statement:CS-OX?\*l\oO\•) 2.I understandthata "public entity crime"as defined in Paragraph 287.133 (I )(g),Florida Statutes,meansaviolationofany state orfederallawbyapersonwithrespecttoanddirectly related to the transaction ofbusinesswithanypublicentity or withanagencyor political subdivisionofany other state or of the UnitedStates,including,but not limitedto,anybid or contract for goods or services to be provided to anypublic entity or anagency or political subdivision of any other state or of the United States andinvolving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"asdefinedin Paragraph 287.133 (l)(b),Florida Statutes,meansafinding of guilt or aconvictionofapublicentitycrime,with or without an adjudicationofguilt,in anyfederal or state trial court of record relatingtocharges brought by Page23of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) indictment or informationafterJuly I,1989,asaresult of ajuryverdict,non-jurytrial,or entry of aplea of guilty or nolo contender. 4.I understand thatan "affiliate"asdefinedin Paragraph 287.133 (I )(a),Florida Statutes, means: (a)A predecessor orsuccessorofapersonconvicted of apublic entity crime;or (b)An entity underthecontrol of any natural personwhoisactiveinthemanagementof the entity andwhohasbeenconvictedofa public entitycrime.The term "affiliate"includes those officers,directors,executives,partners,shareholders,employees,members,andagents• who are active in the management of anaffiliate.The ownership by one person of shares constituting a controlling interest inany person,orapooling of equipment or income among personswhen not for fair marketvalueunderanarm'slength AGREEMENT,shall bea prima faciecase that one person controls another person.Aperson who knowingly enters intoajoint venture with a person who hasbeen convicted of apublic entity crime in Florida during the preceding36 months shallbe considered an affiliate. 5.I understandthata"person"asdefinedin Paragraph 287.133 (I )(e),Florida Statutes,meansany natural person or entity organized under the laws of any state or of the United Stateswith the legal power to enter intoabinding contract andwhichbids or applies to bidon contracts for the provisionofgoodsorservicesledbyapublicentity,orwhich otherwise transactsor applies to transact businesswithapublic entity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,.and agents who areactivein management of an entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entity submittingthissworn statement.[Indicate which statement applies.] *Neither theentitysubmittingthisswornstatement,norany of itsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementof the entity,norany affiliate oftheentityhasbeenchargedwithandconvictedof apublic entity crime subsequent to July I,1989. The entity submitting this sworn statement,or one or more of itsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactiveinthe managementof the entity,oran affiliate oftheentityhasbeenchargedwithandconvicted of a public entity crime subsequent to July I,1989. The entity submitting this sworn statement,or one or more of its officers,directors,' executives,partners,shareholders,employees,members,oragents who areactiveinthe managementof the entity,oran affiliate of theentityhasbeenchargedwithandconvicted of a public entitycrimesubsequentof July I,1989.However,there has beena subsequent proceeding beforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearings and the Final Order entered bythe Hearing Officer determined thatit was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attachacopy of the final order.] I UNDERSTAND THAT THE SUBMISSION OFTHISFORM TO THE CONTRACTING OFFICERFOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,AND THAT THISFORM IS VALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE Page24of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) PUBLIC ENTITYPRIORTOENTERINGINTOA CONTRACT IN EXCESS OFTHE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES,FOR CATEGORY TWO OF ANY CHANGE INTHE INFORMATION CONTAINED INTHISFORM. Sworn to and subscribed before me this 3>7 *H\day of,20 1*3 ignatur^}>[signatw v<Personally known or Produced identification \llce Qre*3\cte**\ (Type of identification) (Printed,typedor stamped commissioned nameof notary public) Page25 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) Notary Public -State of _Pu My commission expires .2-j 1^(201 "7 ELIZABETH GUZMAN MYCOMMISSION SEE 875311 EXPIRES:February 17,2017 8ondodTluu Notary PubfcUiKJewtere ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bidswhichareequalwith respect toprice,qualityandservice are receivedby the State or byanypoliticalsubdivisionsfor the procurement of commodities or contractual services,a Bidreceived from abusiness that certifies that ithas implemented a drug-free workplace program shall begiven preference in the award process.Established procedures for processing tieBidswillbe followedif none of the tied vendors haveadrug-free workplace program.In order to haveadrug-free workplace program,abusinessshall: 1.Publisha statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or useofa controlled substanceis prohibited inthe workplace and specifying the actions that willbe taken against employees forviolationsofsuch Prohibition. 2.Informemployees about the dangersofdrugabusein the workplace,the business'policyof maintaininga drug-free workplace,any available drugcounseling,rehabilitation,andemployee assistanceprograms,and the penalties that maybeimposeduponemployeesfordrugabuse violations. 3.Giveeach employee engagedinproviding the commodities or contractual services that are under Bidacopyof the statement specifiedinSubsection(I). 4.In the statement specified in Subsection (I),notifytheemployees,that,asaconditionofworking on the commodities or contractual services that areunder Bid,the employee will abidebythe terms ofthe statement and will,notifytheemployerofanyconvictionof,orpleaof guilty or nolo contender to,anyviolationof Chapter 893 or ofany controlled substance lawof the UnitedStates or anystate,fora violation occurringintheworkplacenolaterthan five (5)days after such conviction. 5.Imposeasanctionon,or requirethesatisfactoryparticipationinadrugabuseassistanceor rehabilitation program,if such is available in the employee's community,by any employee whois so convicted. 6.Makeagood faith efforttocontinueto maintain adrug-free workplace-through.implementation... of this section. Astheperson authorized to sign thestatement,I certify thatthis firm complies fully withtheabove requirements. PROPOSER'S Signature: Print Name:5kg»«M»A^&>/ASt>$* Date:kjanl V*3 Professional Service AGREEMENT Tpepe©12-31 -12 (Revised SK 4-3-13,GM 6-18-13) Page26of 31 ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this 7T\day of .V**fc>,20 \3 , The undersigned,as CONSULTANT,declares thatthe only persons interested in this AGREEMENT are named herein;thatnootherpersonhas any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person;and that this response isinevery respect fairandmadeingood faith,without collusion or fraud. The CONSULTANT agrees if this response/submission is accepted,to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the CONSULTANT and the CITY,for the performance of all requirements to which the response/submission pertains. The full-names and residences of persons and firms interested in the foregoing bid/proposal,as principals,are asfollows: ^\<?i Mu 3"V A^fe^u£ Ppi»w v Cu *s*Mn The CONSULTANT further certifies that this response/submission complies with section 4(c)ofthe Charterofthe City of South Miami,Florida.That,tothebestofits knowledge and belief,no commissioner,Mayor orother officer or employee ofthe CITY hasaninterest directly or indirectly in the profits or emoluments ofthe Contract,job,workor service to which the response/submission pertains.. Signature:^^»y^r<>agv>Q V Printed Name:S£ft»frv*>A>ul^^b $r Title:VJtcC Vfc&i il?£f*~** Telephone:>g-H"V?.lg1^ Company Name:AAhajulM ^rt^t^fc**/^Vvk. NOTARY PUBLIC:,— STATE OF r"U COUNTY OF Dadj^ Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Page27of 31 The foregoing instrument was acknowledged before me this *C\day of Ji>iAfc.i 2*»Q -30 by S£**-V»/\*-£*r3jEfe>(name of person whose signature is being notarized)who is v Personally known or ^Personalidentification SEAL Page28 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Type of IdentificationProduced V Did take an oath,or Did Not take an oath. (Name of Notary Public:Print,Stamp or type as commissioned.) jdWSk ELEABETHGUZMAN MYCOMMISSION SEE 875311 ttsSMtf EXPIRES:February 17,2017%'fjfj^BondedThniNotwyftibfe Undenritsn ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI w«,AWltri &il3^*^4.1*3 ^Name of Contractor),hereby acknowledge and agree that as CONSULTANT,as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,and all State and local safety and health regulations,and agree to indemnify and hold harmless the City of South Miami against anyand all liability, claims,damages,losses and expenses they may incur due tothe failure of (subcontractor's names): tocomplywithsuchact or regulation. CONTRACTOR BY:S*A4\—Wdr* Name Title Page 29 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I ^6/t*)U>Ati^S**to individually and on behalf of M&a»M»*En$W4*§("Firm") [Name ofRepresentative].[CompanyiVendorlEntity] haveread the CityofSouth Miami (CITY)'s Code ofEthics,Section 8A-1 of the CITY's Code of Ordinances and I hereby certify,under penaltyofperjury that to the best ofmyknowledge,information and belief: I..Neither I nor the Firmhaveanyconflictof interest (asdefinedinsection8A-I)withregardto the contract or business that I,and/or the Firm,am(are)about to perform for,or to transact with,the CITY,and 2.Neither I nor anyemployees,officers,directors of the Firm,nor anyonewhohasa financial interest greater than5%in the Firm,hasanyrelative(s),asdefinedin section 8A-I,who isan employee of the CITY or who is(are)an appointed or elected official of the CITY,or who is(are)a member ofanypublicbody created bytheCityCommission,i.e.,aboard or committee of the CITY,and 3.Neither I nor the Firm,noranyonewhohasa financial interest greater than5%inthe Firm,nor anymemberofthose persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)has transacted or entered intoanycontract(s)withtheCITY or hasa financial interest, direct or indirect,inany business beingtransactedwiththe CITY,or withanypersonor agency actingforthe CITY,other thanas follows:(useaseparate sheet tosupply additional information that will notfitonthislinebutmakereferencetothe additional sheet which mustbe Signed under oath). 4.Noelectedand/orappointed official or employee oftheCityof Miami,or any of.their immediate family members (Le.,spouse,parents,children,brothersandsisters)hasa financially interest,directly or indirectly,inthe contract betweenyouand/oryour Firm andtheCITY other thanthe following individuals whoseinterestissetforth following their names: .(usea separatesheetto-supply-additional information.that will not fiton thisline but make reference - tothe additional sheet which mustbe signed under oath).The names of all CITY employees and thatof all electedand/or appointed CITY officials or board members,who own,directly or indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthe firm are as follows: (usea.separatesheettosupply additional information that will not fit onthis line but make reference tothe additional sheet which must be signed, under oath). 5.I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometousthroughour position oftrust,or through our performance ofour duties under thetermsofthecontract with the CITY,to secure a special privilege,benefit,or exemptionforourselves,or others.We agreethatwemaynotdiscloseoruse information,not available to members ofthe general public,forour personal gain or benefit orforthe personal gain or benefit of any other person or business entity,outside ofthe normal gain or benefit anticipatedthrough the performance ofthe contract. Page30 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) I and the Firm hereby acknowledge thatwe have not contracted or transacted any business with the CITY or any person or agency acting for the CITY,and that we have not appeared in representation of any third party before any board,commission or agency oftheCITY within the past two years other than as follows:(use a separate sheet to supply additional information that will not fit on this line but make reference tothe additional sheet which must be signed under oath).Neither \nor any employees,officers,or directors ofthe Firm,nor any of their immediate family (i.e.,as a spouse,son,daughter,parent,brother or Sister)is related by blood or marriageto: (i)any member of the CityCommission; (ii)anyCITYemployee;or (iii)anymemberofany board or agency oftheCITYotherthanas follows: (useaseparatesheettosupply additional information that Will not fit on this line but make reference tothe additional sheet which mustbe signed under oath). 7.Noother Firm,norany officers or directors ofthatOther Firm oranyonewho has a financial interest greater than 5%inthatOther Firm,nor any memberofthose persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)nor any ofmy immediate family members (hereinafter referred to.as "Related Parties")has responded toa solicitation bythe CITY in which I orthe Firm that I representoranyonewhohasa financial interestgreaterthan 5%in the Firm,oranymemberofthose persons'immediate family (Le.spouse,parents,children, brothersandsisters)havealsoresponded,otherthanthe following: -,(useaseparate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must besignedunderoath). 8.I and the Firm agreethat we areobligatedtosupplementthisVerificationFormandinformthe CITYofanychangeincircumstancesthatwouldchangeouranswers to thisdocument. Specifically,aftertheopeningofanyresponsestoa solicitation,I andthe Firm have an obligation to supplement thisVerificationForm with the name of all RelatedParties who havealso respondedtothesame solicitation andtodisclosethe relationship of those parties tomeand the Firm. 9.Aviolation of the CITY's Ethics Code,the giving of anyfalseinformationor the failure to supplementthis Verification Form,maysubjectmeorthe Firm to immediateterminationofany AGREEMENT withtheCITY,and the impositionofthemaximumfineand/orany penalties allowedbylaw.Additionally,violationsmaybeconsideredbyandsubjecttoactionbythe Miami-Dade County Commission onEthics. Under penaltyofperjury,I declare that I havemadeadiligent effort to investigate the matterstowhich I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge,information and belief.^ Signature:cC^=^^ot^»Cuiftg^vq-ol— Print Name &Title:S<fc*LCyle»k*J+4&>«-VjlC&^fiuSft.W* Date:u[^»l[O ATTACHED:Sec.8A-I -Conflict of interest and code of ethics ordinance. Page 31 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedSK 4-3-13,GM 6-18-13) MARLIN ENGINEERING,INC. City of South Miami RFQ:TRAFFIC &TRANSPORTATION ENGINEERING CONSULTANT DATE PREPARED:June 27,2013 EMPLOYEE CATEGORY &CERTIFIED WAGE RATES PROFESSIONAL CATEGORY 2013 PROPOSED CONTRACT HOURLY RATE ($) BURDENED Principal $165.00 Project Manager $145.00 Senior Engineer $135.00 Engineer $125.00 Engineering Intern $110.00 Senior Planner $125.00 Planner $110.00 GIS Specialist $80.00 Engineering Technician $80.00 Senior Draftsman/Technical/CADD Operator $110.00 Draftsman $80.00 Construction Manager $135.00 Construction Engineering Inspector $100.00 Senior Surveyor $150.00 Survey Technician $80.00 CADD Operator $90.00 Survey Crew:3-Person $975.94 Survey CFew:4-Pefson ~::$i;2oo.96:-" Utility Locator $60.00 Utility Technician $55.00 SUE:2-Person $890.00 SUE:3-Person $950.00 Data Processing/Clerical $50.00 | I CERTIFYTHATTHEABOVERATESARETHOSETHAT WILL BECHARGEDUNDER THIS CONTRACT. SUBMITTED BY MARLIN ENGINEERING,INC. ^Ua.OjJj^-^Y— SERGIO ALFONSO,P.E. VICE PRESIDENT