Res. No. 080-06-12221RESOLUTION NO.80-06-12221
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO ISSUE A
SERVICE WORK ORDER TO TY LIN/H.J.ROSS FOR PROFESSIONAL
ENGINEERING SERVICES FOR CONSTRUCTION PHASE SERVICES FOR
THE CHURCH STREET IMPROVEMENTS -PHASE 3,IN AN AMOUNT OF
$21,270.00 TO BE CHARGED TO THE MIAMI-DADE COUNTY OFFICE OF
COMMUNITY &ECONOMIC DEVELOPMENT (OCED)GRANT ACCOUNT
NUMBER 106-1724-541-3454;PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City Commission oftheCityof South Miami,Florida,wishes toprovide
infrastructure improvements alongChurch Street;and
WHEREAS the City Commission oftheCityof South Miami,Florida,wishes to use the
professional servicesof TY Lin/H.J.Rossfor construction phaseservicesforChurchStreet
Improvements -Phase 3 from SW 66th Street to SW 68th Street
WHEREAS,this Church Street Improvements -Phase 3 professional services will be
funded from theMiami-DadeCounty Office ofCommunity&Economic Development Block
Grant for Fiscal Year 2006 grant.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1:TheMayorand City CommissionauthorizetheCity Manager to execute a
professional service work order with TY Lin/H.J.Ross for Church Street Improvement Phase3
for an amount of $21,270.00.
Section 2:Thattheproject's construction costshallbechargedtoaccountnumber 106-
1724-541-3454,with an account balance of $200,000.00.
Section 3.The attached agreement ismadeapartoftheresolution.
PASSED AND ADOPTED this L-tl day of y$lWU^,2006.
CITY CLERK
READ AND APPROVED AS TO FORM:COMMISSION VOTE:5-0
Mayor Feliu:Yea
Vice Mayor Wiscombe:Yea
Commissioner Palmer:Yea
Commissioner Birts:Yea
Commissioner Beckman:Yea
4*
To:
Via:
From:
Date:
South Miami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S.McKinley,ActingCity Manager
W.Ajibola Balogun,REM,CFEA,Director
Public Works &Engineering Department
June 6,2006 Agenda Item No.:
2001
Subject:Construction Phase Professional Service with TY Lin/HJ Ross for Church
Street Improvements -Phase 3 (SW 66th Street to SW 68th Street).
Resolution:A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO ISSUE A SERVICE WORK ORDER TO TY LIN/H.J.
ROSS FOR PROFESSIONAL ENGINEERING SERVICES FOR
CONSTRUCTION PHASE SERVICES FOR THE CHURCH STREET
IMPROVEMENTS -PHASE 3,INAN AMOUNT OF $21,270.00 TO BE
CHARGED TO THE MIAMI-DADE COUNTY OFFICE OF COMMUNITY &
ECONOMIC DEVELOPMENT (OCED)GRANT ACCOUNT NUMBER
106-1724-541-3454;PROVIDINGFORAN EFFECTIVE DATE
Request:Authorizing the City Manager toexecutea professional service work order
withTY Lin/H.J.Ross for Church Street Improvements -Phase 3.
Reason/Need:To provide muchneeded infrastructure improvementsalongChurch
Street corridor,from SW 66th StreettoSW 68th Street.TY Lin/H.J.
Ross is one ofourengineering consultants with current General
Engineering Services Agreement.
Cost:$21,270.00
FundingSource:Miami-Dade County OCED Grant Account No.106-1724-541-3454.
Backup Documentation:
•Proposed Resolution
•TY Lin/HJ Ross'Service Work Order
•Current General Engineering Service Agreement with TY Lin/HJ
Ross
•Letter from Miami-Dade County OCED approving the expense
•Map of Project Area
TYLIN INTERNATIONAL I HJ ROSS
engineers |planners |scientists
February 24,h,2006
Mr.W.Ajibola Balogun,REM
Public Works Director
City of SouthMiami
Public Works Department
4795S.W.75th Avenue
Re:Construction Administrative Phase Proposal
Church Street (SW 59,h Place)Improvements -Phase 3
Dear Mr.Balogun:
Wearepleasedtosubmitthisproposaltoprovidebiddingassistanceand construction administration
servicesforthe above-referenced project,as described intheattachedExhibit "A".The estimated costfor
these services isalumpsumfee of $21,270.00
Wetrustyouwillfindthis proposal acceptable and await your authorization to proceed.If in agreement,
pleaseinitialtheattachedsheets,signonpage4andreturnoneoriginalforourrecords.
Sincerely,
T.Y LIN INJTERNXTIONAL/IJ.J.ROSS
JoseM/Nessi
icTtoaSJrvlces Coordinator
201 Alhambra Ciicle,Suite 900|Coral Gables.Florida 33134 |T305 567.1 888|F305 567.1771 |www.iylin.com
EXHIBIT "A"
CHURCH STREET (S.W.59th PLACE)IMPROVEMENTS -PHASE 3
S.W.68th STREET TO S.W.66™STREET
PROPOSAL FOR GENERAL ENGINEERING SERVICES
I.DESCRIPTION OF THE PROJECT
The project consist of the reconstruction of portions of S.W.59th Place,all within the City of
SouthMiami (CITY)Project elements include drainage,water main,sidewalks,paving,
landscaping,electrical,and irrigation.
TYLIN INTERNATIONAL/HJROSS (CONSULTANT)will provide construction
administrative services forthe above-referenced project.This work willbe performed in
accordancewiththe Professional ServiceAgreement for General EngineeringServices
(AGREEMENT)dated December 2004 as amended herewith.
II.SCOPE OF SERVICES
Thespecificworkscopetaskstobeperformedby CONSULTANT andits sub-consultant are:
1)PHASE V:CONSTRUCTION ADMINISTRATION PHASE
CONSULTANT agrees to provide the Phase V-General Administration of the Construction
Contract services in accordance with Paragraph 2.2.5 of the AGREEMENT with the following
modifications:
1.1 CONSULTANT bases fee for this task on a construction time of 140 calendar
days (20 weeks)from award of Construction Contract to approval,by the
CONSULTANT,of Contractor's final Payment Certificate.
1.2 CONSULTANT bases feeforthistaskon conducting weekly site visits andpart-
timeon-site observations atan average of twelve (12)hours perweek,threehours
per week of construction management andoneanda half hour/week of project
management.Inthe event that continuous daily on-site observations are required
asstatedin Paragraph 2.2.5.E.of the AGREEMENT,CONSULTANT reserves
therightto negotiate additional feeswiththe CITY atthe hourly rates foundin
Section 4 of the AGREEMENT.
1.3 CONSULTANT basesfeeforthistaskon participating ontwo(2)Public
Involvement Meetings and one Meeting with the CITY's Community
Redevelopment Agency (CRA)atfourhourseach of project and construction
management.
III.SUBCONSULTANTS
The below listed Sub-Consultants will assist inthe performance of the project:
Sub-Consultant Name Specialty or Expertise
Palm Engineering Group,Inc.Construction Inspection Services
IV.SCHEDULE OF DELIVERABLES
V.
CONSULTANT will submit the following deliverables to the CITY:
Task
No.
1
SCHEDULE OF DELIVERABLES
Description of Deliverable
Copies of Pre-constructionagendaandminutes,shopdrawings,changeorders,payment
certificates,construction observation reports,test results,and correspondence.
SCHEDULE OF SERVICES
CONSULTANT shallperformtheWorkasdepictedinthetable below followingreceipt
of a written Notice-to-Proceed from the CITY.
SCHEDULE OF WORK (*)
Task
No.Task Name and/or Activity Description
Duration
Work
days
Projected
Start Date
Projected
Finish Date
2 PHASE V:CONSTRUCTION ADMINISTRATION PHASE 140 04-01-06 07-10-06
*The above schedule assumes CITY will issue a Written Notice to Proceed on April 31,2006
VI.COMPENSATION
CONSULTANT shall perform the Work detailed in this Proposal foraLumpSum,
Fixed fee of $21,270.00
SUMMARY OF COMPENSATION
Task
No.Task Name and/or Activity Description Fee Amount Fee Basis
2 PHASE III CONSTRUCTION ADMINISTRATION PHASE $21,270.00 Lump Sum,Fixed
VII.SERVICES NOT INCLUDED
The following services arenot included intheScope of Workfor this project:
1.Roadway Engineering services identified in Paragraph 2.1 .A of the AGREEMENT.
2.Drainage Design services identified in Paragraph 2.1 .B of the AGREEMENT.
3.Civil Engineeringservices for Sanitary Sewer System Evaluation and design identified in
Paragraph 2.1.C of the AGREEMENT.
4.Traffic Engineering services identified in Paragraph 2.1 .D of the AGREEMENT.
5.Environmental Engineering services identified in Paragraph 2.1 .E of the AGREEMENT.
6.Phase I services identified in Paragraph 2.2.1 of the AGREEMENT.
7.Phase II services identified in Paragraph 2.2.2 of the AGREEMENT.
8.Additional Professional Services identified in Paragraph 2.3 of the AGREEMENT.
9.Geotechnical Engineering Services including subsurface explorations and/or testing.
10.Permitting Services
VIII.PROJECT MANAGER
CONSULTANT'S Project Manager forthis Work Order assignment willbe Jose Nessi.
Prepared by:
Jose M.Nessi Date
Approved by:
W.Ajibola Balogun,REM Date
Public Works Director
Construction Administration Phase 111
Category Rate Hours Total
Project Manager 101 30 $3,030.00
Construction Manager 92 60 $5,520.00
Construction Inspection 53 240 $12,720.00
TOTAL $21,270.00
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PROFESSIONAL SERVICE AGREEMENT
General Engineering Services
^otrSSr7 ""^"f e^red.mt0 «*-S2.day offa^fr;20tf£by and between the CITY
SSSS^J?"^h?^?,0n °f ^^°f ""^wtod to "*»WT and HJ.ROSSa^uciaies,INC.,authorized to do business in the State of Florida,referred to as the "CONSULTANT".
In consideration of the premises and the mutual covenants contained in this agreement,the OTYZ£?em£°y thellCON^ULTAOT for aperiod ending on December 1,2007,and !he OCTANTagreestoperformallprofessionalservicesinconnectionwiththeWORK,as described herein,on a
continuing basis mconnection with projects where the basic construction costs does not exceed $500 000 00orstudieswhichdonotexceed$25,000.00,herein after called the "SERVICES".wwwxmx)
SECTION 1 -GENERAL PROVTCTOMfi.
1.1 The CONSULTANT may be issued aNotice to Proceed to encompass the entire Basic Services as
defined in paragraph 2.2 for a project,for a portion of the Basic Services,or for discrete tasks'as
specified in paragraphs 2.3 Additional Professional Services,for the purpose of reviewing work
te 'dred professional ^^ultants or for other miscellaneous engineering services that may
1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the CITY The
CITY reserves,at all times,the right to perform any and all engineering work in-house or with
^"SSS^ThiSJ A^eaDBat does not confer on the CONSULTANT any exclusive rights to
^Jot^™1101,doeS il 0bligate **CITY m my manner t0 guarantee WORK for theCONSULTANT.TTie CONSULTANT may submit proposals for any professional services for
which proposals may be publicly solicited by the OTY outside ofthis agreement.
1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the
scope of the WORK;the time needed to complete the WORK and the fee for the services to be
rendered in connection withthe WORK
1.4 TheCONSULTANT will submit aproposal upon the CITY'S request prior to the issuance of aNotice
to Proceed.No payment will be made for the CONSULTANT'S time and services in connection with
the preparation of any proposal.
1.5 ??ff?Y agreCS **!t WiU fandsh to ±G CONSULTANT plans and other data available in theOTYfilespertainingtotheWORKtobeperformedunderthisagreementpromptlyaftereachNotice
to Proceed.
1.6 The CONSULTANT agrees to produce and distribute minutes,promptly after each meeting at which
then*presence is required.5
1.7 The CITY agrees to designate a representative who,on behalf of the City Manager shall examine the
documents submitted by the CONSULTANT and shall render decisions promptly,to avoid
unreasonable delay in the progress of the CONSULTANT'S services.The CONSULTANT shall
keep the CITY'S representative advised on the project status at all times.
1.8 The CITY agrees to issue all directives and approval in writing.
SECTION 2 •PROFESSIONAL SERVICES!
2.1 General Engineering Services
The professional services tobe provided bytheconsultant are as follows:
A.Roadway engineering to include streets,sidewalk,curb,gutter,drainage,associated traffic
control devices,striping,lighting,speed reduction devices and incidental landscaping.
B.Drainage Design includes the necessary analysis needed to implement proposed drainage
improvements,preparation of paving and drainage plan for municipal building and facilities.
C.Civil Engineering,to include Water Distribution Systems Improvement /Analysis and design
and Sanitary Sewer System Evaluation and design.
D.Traffic engineering services will include daily volume counts,data analysis,preparation of
conceptual improvements plan,present reports and recommendation to stakeholders and
preparation of final traffic engineering report.
E.Environmental Engineering,to including,site investigation and design needed to prepare
remediation plans to mitigate underground storage tanks,hazardous waste materials and
asbestos materials.
F.Otherincidentalservicesassociatedtotheaboveitems.
2.2 Basic Services
The Basic Services,for design and construction,consist of six (6)phases described in Paragraph 2.2.1 through
2.2.6.The scope outlined below is applicable in its entirety to projects for which completed Basic Services
are authorized.
Upon authorization to proceed from the CITY,the CONSULTANT agrees to provide complete professional
engineering services for any portion or all of the six Phases outlined below.The CONSULTANT agrees to
co-ordinate his effort with that of any other engineering;landscape architectural or architectural
CONSULTANTS to assure a coordinated and complete WORK.The lead CONSULTANT as designated by
the CITY shall prepare the final bid package including bid documents and specifications,which shall be
prepared by,and be the responsibility of the respective disciplines.
•Professional Services Agreement
GeneralEngineering Services
December 2004
Page2 of 16
2-2.1 Phase I-Preliminarv anri Schematic Dwipn-
A.The CONSULTANT shall confer with representatives of the OTY and the using agency to
determine the full scope of the Project that will meet the program requirements and shalladv.se fce CITY if,in the CONSULTANT'S opinion,the'allLed fS^X^
accomplish the program requirements.4
The CONSULTANT shall use proper and adequate design control to assure the CITY that the
program requirements will be met
?e^?NSl^TANT ^prepare aDQsi^tt"1^md Schematic Report,comprising of*l^J™t*le<Mzstzr Schedule),Planning Summary (unless Im^S^S
Schematic Design Studies (unless advised otherwise)as defined below,and the Statement of
Probable Construction Cost "uraurauor
The Proposed Project Timetable shall consist of aschedule showing the proposed completion
Stion °f *******"******Wddin&C0M,racto-and Proposed Le of
The Planning Summary (unless advised otherwise)shall consist of avicinity plan and blow
up of the Site (if applicable)showing Project orientation,and abrief summary of all pertinentplanningcriteriausedfortheProjectpwirara
The Schematic Design Studies (unless advised otherwise)shall consist of all plans,elevations
sections eto.as required to show the scale and relationship of the parts and the design concept
of the whole.A simple perspective sketch,model or photograph thereof may be provided to
iurtner show the design concept
G.The CONSULTANT shall present the Schematic design studies to the appropriate Boards for
their approval when the project requires such approval.
The CONSULTANT shall present the schematic design studies to all the appropriate utility
companies (such as FPL,Southern Bell,Dynamic Cable,MDWASA,etc.)for any conflict
with their utilities.
B.
C.
D.
E.
F.
H.
I.The Statement of Probable Construction Cost shall include estimated cost of the Project
including fixed equipment,professional fees,contingencies (if any),escalation factors
adjusted to the estimated bid date,movable estimate (if any),and utility service extensions (if
applicable).The CONSULTANTS opinions of probable Total Project Costs and
Construction Cost are to be made on the basis of CONSULTANT'S experience and
qudifications and represent CONSULTANT'S best judgement as an experienced and
ftofessiona,sJS£££°*""****"**•^^with ^l0Cal «»*"**»^ustry and prices.
General Engineering Services
December 2004
Page3 of 16
J-^CONSULTANT shall submit and present two (2)copies of all documents required under
this Phase,without additional charge,for approval by the CITY and he shall not proceed with
the next Phase until directed by the CITY.
2.2.2 Phase II-Study and Design Development!
A.From the approved Schematic Design documents,the CONSULTANT shall prepare Design
Development Documents,comprising the drawings,outline specifications and other
documents to fix and describe the size and character of the entire Project as to construction
and finish materials and other items incidental thereto as may be appropriate and applicable.
B.The Design Development Documents shall comprise the Proposed Project Timetable
(updated),Outline Specifications,Updated Statement of Probable Construction Cost,and
Design Development Drawings,etc.,as required to clearly delineate the Project.If the
Updated Statement of Probable Construction Cost exceeds the allocated funds,feasible cost
orscopereductionoptions shall beincluded.
C.The CONSULTANT shall submit and present two (2)sets of all documents required under
this Phase,without additional charge,for approval by the CITY and not proceed with the next
Phase until directed bythe OTY.
D.The CONSULTANT shall at all times monitor the Probable Construction Costs to make
certain they remain within the total allocated budget A Notice to Proceed to Phase m will
not 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.fix>m the approved Design Development Documents,the CONSULTANT shall prepare Final
Construction Documents setting forth in detail the requirements for the construction of the
Project including the Proposal (Bid)Form and other necessary information for bidders,
Conditions of the Contract,and Complete Drawings and Specifications.CONSULTANT
shall use Construction Specifications Institute (CSI)Standards and the City of South Miami
Standard forms for the preparation of the proposal (bid)forms,Instructions to Bidders,
conditions ofContract and Specifications.The CONSULTANT shall review all existing City
Specifications,for completeness prior to use and shall supply all needed additional
specifications.
B.The Construction Documents shall be prepared in a manner that will assure clarity of
linework,notes,and dimensions,when the documents are reduced to 50%of their size All
drawings shall be on 24"x 36"paper ("D"size),on the City's standard sheet format,unless
approved otherwise.
C.All construction documents shall be submitted in both "hard copy"and electronic media in a
mutually agreed upon electronic format,but generally as follows:
Professional Services Agreement
General Engineering Services
December 2004
Page4 of 16
1.Non-drawing submittals in Microsoft Office format.
2.Drawings inAutoCAD format.
3.GIS filesshouldbeinArcViewformatVersion3.2.
D.When the development of the drawings has progressed to at least 50%completion in Phase
IH,the CONSULTANT shall submit two (2)copies to the CITY for approval,without
additional charge,along with updated outline specifications.The CONSULTANT shall also
submit at this time an updated Statement of Probable Construction cost as indicated by time
factor,changes in requirements,or general market conditions and an updated Project
Schedule.
E-The CONSULTANT shall not proceed with the further development until approval of the
50%documents is received from the CITY.The CONSULTANT shall make all changes to
documents.The 50%complete Check set shall be returned tothe OTY.
F.A Notice to Proceed for the completion of Phase m will not be issued if the latest Statement
of Probable Construction Cost exceeds the total allocated funds,unless the CITY increases
the total allocated funds or the CONSULTANT and the OTY agrees on methods of cost
reductions sufficient to enable construction withinthe funds available.
G.Upon 100%completion of the Construction Documents,the CONSULTANT shall submit to
the CITY a final,updated Statement of Probable Construction Cost along with two (2)copies
each of Check Set of drawings,specifications,reports,programs,etc.,without additional
charge,for a final review and comments or approvals.
H.The CONSULTANT shall make all the necessary presentations to the appropriate CITY
Boards (such as Environmental Review Board,Historical Preservation Board etc)for the
finalapproval.
I.The CONSULTANT at no extra cost to the OTY shall make all required changes or additions
and resolve all questions resulting from paragraph Hif the changes or additions do not alter
the scope of the project as determined under paragraph 2.2.1 A.The 100%complete Check
set shall be returned to the CITY.Upon final approval by the CITY,the CONSULTANT
shall furnish to the CITY a minimum of 24 sets of drawings and specifications,at no
additional cost to the CITY,for bidding purposes,unless instructed otherwise.
J.The CONSULTANT shall arrange for "dry runs"and/or make final submissions to
appropriate authorities (regulatory agencies to include and not limited to City,County,State
or Federal)as necessary,to ascertain that the construction documents meet the necessary
requirements to obtain all the necessary permits for construction.CONSULTANT shall
respond to all technical questions from regulatory agencies.CONSULTANT shall modify,at
no additional cost to CITY,inorder to acquire the necessary permits.
Professional Services Agreement
General Engineering Services
December 2004
Page5 of 16
2.2.4 Phase IV -Bidding and Negotiation Phase:
A.Upon obtaining all necessary approvals of the Construction Documents,and approval by the
CITY of the latest Statement of Probable Construction Cost,the CONSULTANT shall furnish
the drawings and specifications as indicated above for bidding,and assist the CITYin
obtaining bids and awarding and preparing construction contracts.TheCONSULTANT shall
attend all pre-bid conferences.The CONSULTANT shall be present during the bid opening
and as part ofhis assistance totheCITY will tally,evaluate and issue a recommendation to
theCITY after verifying bond,insurance documents,questionnaire and reference submitted
by theconstructor.
B.The CONSULTANT shall issue Addenda through the CITY as appropriate to clarify,correct
orchange Bid Documents.
C.If Pre-Qualification of bidders is required as set forth in the Request for Qualification,
CONSULTANT shall assist City in developing qualification criteria,review qualifications of
prospective bidders,and recommend acceptance orrejection of the prospective bidders.
D.If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may:
1.approve the increase in Project Cost and award a construction contract or,
2.reject all bids and rebid the Project within a reasonable time with no change in the
Project,or
3.direct the CONSULTANT to revise the Project scope or quality,or both,as approved
bythe CITY andrebidthe Project,or
4.suspend or abandon the Project,or
5.exercise all options under theCity Charter and State Law.
NOTE:Under item (2)above,the CONSULTANT shall,without additional compensation,assist the
CTTY in obtaining re-bids,and awarding the re-bid of the project Under item (3)above,the
CONSULTANT shall,without additional compensation,modify the Construction Documents as
necessary tobringthe Probable Construction Costwithinthe Total Allocated Funds.Whenthelowest
responsible bid is over 15%of the CONSULTANT estimate.
E.For the purpose of payment to the CONSULTANT,the Bidding Phase will terminate and the
services of the CONSULTANT will be considered complete upon signing of an Agreement
witha Contractor.Rejection of bidsbytheCITY does not constitute cancellation ofthe
project
2.2.5PhaseV-General Administration of the Construction Contract
A.The Construction Phase will begin withthe award ofthe Construction Contract and will end
when the Contractor's final Payment Certificate is approved and paid by the CITY.
B.The CONSULTANT,as the representative of the CITY during the Construction Phase,shall
advise and consult with theCITY and shall have authority to act on behalf of the CITYtothe
•Professional ServicesAgreement
General Engineering Services
December 2004
Page6 of 16
extent provided in the General Conditions and as modified in the Supplementary Conditions
ofthe Construction Contract
C.The CONSULTANT shall attend pre-construction meetings.
D.The CONSULTANT shall at all times have access to the project wherever it is in preparation
or progress.
E.The CONSULTANT shall visit the site at least weekly and at all key construction events to
ascertain the progress of the Project and to determine in general ifthe WORK is proceeding in
accordance with the Contract Documents.On the basis of on-site observations,the
CONSULTANT will use reasonable and customary care to guard the CITY against defects
and deficiencies in the WORK The CONSULTANT may be required to provide continuous
daily on-site observations to check the quality or quantity of the WORK as set forth in this
Agreement and defined by the Scope of WORK issued for the individual project On the
basis of the on-site observations,the CONSULTANT will advise the CITY as to the progress
ofand any observed defects and deficiencies in the WORK immediately in writing.
F.The CONSULTANT shall furnish the CTTY with a written report of all observations of the
WORK made by him during each visit to the WORK.He shall also note the general status
and progress of the WORK,and shall submit same ina timely manner.The CONSULTANT
shall ascertain at least monthly that the Contractor is making timely,accurate,and complete
notations on record drawings.
G.Based on observations at the site and on the Contractor's Payment Certificate,the
CONSULTANT shall determine the amount due the Contractor on account and he shall
recommend approval of the Certificate in such amounts.The recommendation of approval of
a Payment Certificate shall constitute a representation bytheCONSULTANTtothe CTTY
that,he certifies to the CTTY that the WORK has progressed to the point indicated,and the
quality of the WORK isin accordance with the Contract Documents subject to:
1.an evaluation of the WORK for conformance with the contract documents upon
substantialcompletion.
2.the results of any subsequent tests required bythe contract documents.
3.minor deviations from the contract documents correctable prior to completion and
acceptance of theproject.
H.The CONSULTANT shall have an affirmative duty to recommend rejection of WORK,which
does not conform,to the Contract Documents.Whenever,in his reasonable opinion,he
considers it necessary or advisable to insure compliance withthe Contract Documents,hewill
have authority (with the City's prior approval)to recommend special inspections or testing of
any WORK deemed nottobein accordance with the Contract whether ornot such WORK
has been fabricated and delivered to the Project,or installed and completed.
Professional Services Agreement
General Engineering Services
December 2004
Page7 of 16
I.The CONSULTANT shall promptly review and approve shop drawings,samples,and other
submissions of the Contractor for conformance with the design concept ofthe Project and for
compliance with the Contract Documents.Changes or substitutions to the Contract
Documents shall notbe authorized without concurrence withtheCITY.
J.The CONSULTANT shall review and recommend action on proposed Change Orders within
the scope ofthe Project initiated by others,and initiate proposed change orders as required by
his own observations.
K The CONSULTANT shall examine the WORK upon receipt of the Contractor's Certificate of
Substantial Completion of the Project A Punch list of any defects and discrepancies in the
WORK required to be corrected by the Contractor shall be prepared by the CONSULTANT
in conjunction with representatives of the CTTY and satisfactory performance obtained before
the CONSULTANT recommends execution of Certificate of Final Acceptance and final
payment to the Contractor.He shall obtain from the Contractor all warranties,guarantees,
operating and maintenance manuals for equipment,releases of lien and such other documents
and certificates as may be required by applicable codes,laws,policy regulations and the
specifications,and deliver them tothe CTTY.
L.The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the
Contract Documents relative to,1)initial instruction of CTTY personnel in the operation and
maintenance of any equipment or system,2)initial start-up and testing,adjusting and
balancing of equipment and systems,and,3)final clean-up of the project
2.2.6 Phase VI -Post Construction Administration
A.The CONSULTANT shall prepare and provide the CITY with a written manual,to be used by
theCITY,outlining the implementation plan of all the required maintenance necessary to
keepthe proposed WORK operational inasafeandeffective manner.
B.The CONSULTANT shall furnish tothe CITY,reproducible record drawings updated based
on information furnished bv the Contractor:such drawings shall become the property of the
CTTY.
C.The CONSULTANT shall assist inthe inspection of theWORKonemonthbeforethe
expiration of any guarantee period or the sixth month whichever is earlier and report any
defectiveWORKinthe Project under terms of the guarantee/warranties for correction.He
shall assist theCTTYwiththe administration of guarantee/warranties for correction of
defectiveWORKthatmaybe discovered during the said period.
2.3 Additional Professional Services
Additional Services as listed below are normally considered tobe beyond the scope ofthe Basic Services for
design and construction,as defined in this Agreement but which are additional services which may be
authorized withintheScope of WorkgiventheCONSULTANT.
•Professional ServicesAgreement
General Engineering Services
December 2004
Page8 of 16
A.Special analysis of the CITY'S needs,and special programming requirements for aproject
B.Financial feasibility,life cycle costing or other special studies.
C.Planning surveys,site evaluations,or comparative studies ofprospective sites.
D.Design services relative to future facilities,systems and equipment,which are not intended to
be constructed as part ofa specific Project
E.Services to investigate existing conditions (excluding utilities)or facilities or to make
measured drawings thereof,or to verify the accuracy of drawings or other information
furnished bythe CITY.
F.Professional detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material,equipment and labor required for a Project.
G.Consultation concerning replacement of any WORK damaged by fire or other cause during
construction,and furnishing professional services of the type set forth in Basic Services as
may be required relative to replacement of such WORK,providing the cause is found by the
CITYtobe other than by fault ofthe CONSULTANT.
H.Professional services made necessary by the default of the Contractor or by major defects in
the WORK under the Construction Contract,providing the cause is found by the CITY to be
otherthanbyfault of the CONSULTANT.
I.Making major revisions changing the Scope of aproject,to drawings and specifications when
such revisions are inconsistent with written approvals or instruction previously given by the
CTTY and are due to causes beyond the control ofthe CONSULTANT.(Major revisions are
defined as those changing the Scope and arrangement of spaces and/or scheme or any
portion).
J.The services of one or more full-time Project Representatives.
K.Preparing to serve or serving as an expert witness in connection with any arbitration
proceeding or legal proceeding in connection with a Project
L.Professional services required after approval by the CTTY or the Contractor's Requisition for
Final Payment,except as otherwise required under Basic Services.
M.Preparing supporting data,drawings,and specifications as may be required for Change Orders
affecting the scope ofaProject provided the Changes are due to causes found by the CTTY to
bebeyondthe control of theCONSULTANT.'
Professional Services Agreement
General Engineering Services
December 2004
Page9 of 16
SECTION 3•TIME FOR COMPLETION:
The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice
to Proceed from the CTTY subsequent to the execution of this Agreement and shall be completed within the
time based onreasonable determination,stated in the said Notice to Proceed.
A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in
fulfilling its part of the Agreement,change of scope of work or should any other events beyond the control of
the CONSULTANT render performance of his duties impossible.
SECTION 4-BASIS OF COMPENSATION
The CONSULTANT agrees to negotiate a "not to exceed"fee or a fixed sum fee for each of the WORK
assigned to him based on the Scope of such WORK Upon agreement ofa fee,the CITY will issue a written
authorization to proceed to the CONSULTANT.In case of emergency,the CITY reserves the right to issue
oral authorization to the CONSULTANT,with the understanding that written confirmation will follow
immediately thereafter.For reproduction of plans and specifications,beyond the requirements as identified
under Section 2-Professional Services the CTTY will pay the direct costs.
The fees for Professional Services for each of the WORK shall be determined by one of the following
methods or acombination thereof,as mutually agreed upon by the CTTY and the CONSULTANT.
A.A fixed sum:The fee for atask or ascope ofwork may be fixed sum as mutually agreed upon
by the CTTY andthe CONSULTANT:
B.Hourly rate fee:The CITY agrees to pay,and the CONSULTANT agrees to accept,for the
services rendered pursuant to this Agreement,fees in accordance with the following:
Category Hourly Rate
Principal $135
ProjectManager $101
Senior Engineer $92
Engineer $72
Construction Manager $92
Construction Inspection $53
Senior Draftsman/Technical/CADD Operator $63
Draftsmen $53
DataProcessing/Clerical $43
Hourly rates will include all wages,benefits,overhead and profit.
SECTION S •PAYMENT AND PARTIAL PAYMENTS
The OTY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK
performed during the previous calendar month.For design and construction projects where fee for each phase
"Professional Services Agreement "
General Engineering Services
December 2004
Page10 of 16
is not specified,such payment shall,in the aggregate,not exceed the percentage of the estimated total Basic
Compensation indicated below for each phase:
15%upon completion and approval ofPhase I.
35%upon completion and approval ofPhase n.
55%upon submittal and approval of 50%complete drawings and outline specifications of Phase
75%upon 100%completion and approval ofPhases m and IV.
90%upon completion ofthe Project and approval ofall WORK Phase V).
100%upon final completion and approval of WORK elements A and Bof Phase VI.
The CONSULTANT shall submit an original invoice to the City's project representative.
The invoice shall contain the following information:
1.The amount of the invoices submitted shall be the amount due for all WORK performed to
dateascertifiedbythe CONSULTANT.
2.The request for payment shall include the following information:
a.Project Name
b.Total Contract amount (CONSULTANT'S lump sum negotiated upset limit fees)
c.Percentofwork completed.
d.Amount earned.
e.Amountpreviouslybilled.
f.Due this invoice.
g.Balanceremaining
h.Summary of work done this billing period,
i.Invoice number and date.
3.Upon request by the CTTY the CONSULTANT shall provide the CTTY with certified payroll
data for the WORK reflecting salaries and hourly rates.
SECTION 6 -RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction ofthe CTTY's representative,who
shall decide all questions,difficulties and disputes of whatever nature which may arise under or by reason of
this Agreement,the prosecution and fulfillment of the services,and the character,quality,amount and value
and the representative's decisions upon all claims,questions,and disputes shall be final,conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable.In the event that the
CONSULTANT does not concur in the judgement of the representative as to any decisions made by him,he
shall present his written objections to the City Manager and shall abide by the decision of the City Manager.
Nothing in this section shall mean to deny the right to arbitrate,by either party,in accordance with the
IndustryArbitrationRules of theAmericanArbitration Association.
SECTION 7•OWNERSHIP OF DOCUMENIS
All reports and reproducible plans,and other data developed by the CONSULTANT for the purpose of this
Agreement shall become the property of the CTTY without restriction or limitation in connection with the
•Professional Services Agreement
General Engineering Services
December 2004
Page II of 16
^VFaot ^nTT ^oFTt,RCUSe °f **d0CUmentS without ^aswmrt from theCONSULTANTshallbetheCITY'S sole nsk and without liability and legal exposure to the CONSULTANT.
When each individual section of the WORK completed under this Agreement is complete;all of the above
datashall be delivered tothe CITY.
SECTION8•COURTAPPEARANCES.CONFERENCESAND HF APINGS
^°t5!rSJn m C°ntraCt ShaU °bligate ^CONSULTANT to prepare for or appear in Htigation on behalf oftheCTTYwithoutadditionalcompensationexceptforanydisputearisingoutofthiscontract.The amount of
such compensation shall be mutually agreed upon and be subject to asupplemental agreement approved by
the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a
court appearance and conference.
The CONSULTANT shall confer with the OTY at anytime during construction of the improvement
contemplated as to interpretation of plans,correction of errors and omissions and preparation of any necessary
plan thereof to correct such errors and omissions or clarify without added compensation.
SECTION 9•NOTICES
Any notices,reports or other written communications from the CONSULTANT to the CTTY shall be
considered delivered when delivered by courier or by mail to the CITY.Any notices,reports or other
communications from the CITY to the CONSULTANT shall be considered delivered when delivered by the
CONSULTANT in person or by mail to said CONSULTANT or his authorized representative
SECTION 10 -AUDIT RIGHTS
The CTTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time
during the execution of the WORK and for aperiod of one year after final payment is made.This provision is
applicable only to assignments that are onatime and cost basis.
SECTION 11 -SUBLETTING
The CONSULTANT shall not sublet,assign,or transfer any WORK under this Agreement without the prior
written consent of the CTTY.
SECTION 12-WARRANTY
The CONSULTANT warrants that he has not employed or retained any company or person,other than abona
fide employee working solely for the CONSULTANT,to solicit or secure this contract and that he has not
paid or agreed to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee,commission,percentage fee,gifts or any other considerations contingent upon or
resulting from the award or making of this contract For breach or violation of this warranty,the CTTY shall
have theright to annul this contract without liability.
SECTION 13 •TERMINATION OF AGKFFTVfFNT
It is expressly understood and agreed that the OTY may terminate this Agreement without penalty by
declining to issue Notice to Proceed authorizing WORK,in which event the CITY'S sole obligation to the
CONSULTANT shall be payment for those units or sections of the WORK previously authorized in
•Professional Services Agreement
General Engineering Services
December 2004
Page12 of 16
accordance with the provisions of Section 4,such payment to be determined on the basis of the WORK
performed by the CONSULTANT up to the time of termination.
SECTION 14-DURATION OF AGRFFMFNT
This Agreement,for the purpose of issuing new WORK shall remain in full force and effect for a period
ending December 1,2007,although the actual completion of performance may extend beyond such term or
until the depletion of funds allocated for the WORK,or unless otherwise terminated by mutual consent of'the
parties hereto.
SECTION 15 •RENEWAL OPTION
This agreement may be renewed,at the sole discretion of the CITY,for amaximum of one two year term at
theend of the initial period.
SECTION 16 •DEFAULT
In the event either party fails to comply with the provisions of this Agreement,the aggrieved party may
declare the other party in default and notify him in writing.In such event,the CONSULTANT will only be
compensated for any completed professional services.In the event partial payment has been made for such
professional services not completed,the CONSULTANT shall return such sums to the CITY within ten (10)
days after notice that said sums are due.In the event of htigation by the other party to enforce the provisions
of this contract,the prevailing party will be compensated for reasonable attorney's fees.In no event shall
attorney's fees awarded against the CITY exceed 25%of the award for damages.The CTTY does not waive
sovereign immunity from awards of prejudgment interest
SECTION 17 -INSURANCE AND INDEMNIFICATION
The CONSULTANT shall not commence WORK on this Agreement until he has obtained all insurance
required by the CITY.The CONSULTANT shall mdemnify and save the CTTY harmless from any and all
claims,liability,losses and causes of actions arising solely out ofa negligent error,omission,or act of the
CONSULTANT incident to the performance of the CONSULTANT'S professional services under this
Agreement The CONSULTANT shall pay all claims and losses of any nature whatsoever,in connection
therewith.
The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any
claims,which may result from actions or omissions of the CONSULTANT'S actions.In reviewing,
approving or rejecting any submissions or acts of the CONSULTANT,the CITY in no way assumes or shares
responsibihty or liability of the CONSULTANTS or Sub-consultants,the registered professionals under this
Agreement
The CONSULTANT shall maintain during the term of this Agreement the following insurance:
A.Professional Liability Insurance in the amount of$1,000,000 with deductible per claim if any,
nottoexceed5%of thelimitof liability providing for allsumswhichtheCONSULTANT
shall become legally obligated to pay as damages for claims arising out of the services
performed by the CONSULTANT or any person employed by him in connection with this
Agreement This insurance shall be maintained for three years after completion of the
•Professional ServicesAgreement
General Engineering Services
December 2004
Page13 of 16
construction and acceptance of any Project covered by this Agreement However,the
CONSULTANT may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B.Comprehensive general liability insurance with broad form endorsement,including
automobile liability,completed operations and products liability,contractual liability,
severability ofinterest with cross liability provision,and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence for bodily injury and
property damage.Said policy or policies shall name CITY as additional insured and shall
reflectthehold harmless provision contained herein.
C.Workman's Compensation Insurance in compUance with Chapter 440,Florida Statutes,as
presendy written or hereafter amended.
D.The policies except for Section 17 A shall contain waiver of subrogation against CITY where
applicable,shall expressly provide that such policy or policies are primary over any other
collective insurance that CTTY may have.The CTTY reserves the right to request a copy of
the required policies for review.All policies shall contain a "severability of interest"or
"cross liability"clause without obligation for premium payment ofthe CTTY.
E.All of the above insurance is to be placed with Best rated A-8 or better insurance companies,
qualifiedtodobusinessunderthelaws of theState of Florida.
The CONSULTANT shall furnish certificates of insurance to the CTTY prior to the commencement of
operations,whichcertificatesshallclearlyindicatethatthe CONSULTANT hasobtainedinsuranceinthe
type,amount,and classification asrequiredforstrict compliance withthisSectionandthatno reduction in
limits by endorsement during the policy term,or cancellation of this insurance shall be effective without thirty
(30)days prior written noticetotheCITY.
Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and
obligations underthis Section orunderanyotherportionofthis Agreement.
SECTION 18 -AGREEMENT NOT EXCLUSIVE
Nothing in this Agreement shall prevent the CITY from employing other CONSULTANTS to perform the
same or similar services.
SECTION 19 -CODES.ORDINANCES AND LAWS
The CONSULTANT agrees to abide and be governed by all duly promulgated and published CTTY,County,
State and Federal codes,ordinances and laws in effect at the time of design which have a direct bearing on the
ProfessionalServicesAgreement
General EngineeringServices
December 2004
Page14 of 16
WORK^involved on this project.Tlie CONSULTANT is required to complete Public Entity Crimes Affidavitform(attached)pursuant to FS 287.133(3)(a).^inoavii
SECTION 20-ENTIRETY OF AGRFFMFNTT
This writing embodies the entire Agreement and understanding between the parties hereto,and there are no
other Agreements and understandings,oral or written,with reference to the subject matter hereof that are not
merged herem and superseded hereby.
No alteration change,or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto,upon appropriate action by the City Commissioners.
IN WITNESS WHEREOF,this Agreement is accepted on the date first above written subject to the terms and
conditions set forth herein.
Authority of Resolution No.ft&'Cfy-WbX
duly passed and adopted by the City of South
Miami City Commission )0/)Jj^-\^^i/
ATTPCT*'i
(aria Menendez,CitytSerk
ATTEST:
Professional Services Agreement
General Engineering Services
December 2004
Page15 of 16
CTTY OF SOUTH MIAMI
Maria avis,City Manager
CONSULTANT:tf-^.fo^/tf&CCAf^JtJC.
STATE OF FLORIDA )y
ss:Acknowledgement of Cityof South Miami
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this )b day or/SU 2004 by
MARIA V.DAVIS and MARIA MENENDEZ,City Manager and City Clerk,respectively of the CTTY OF
SOUTH MIAMI,on behalf of the OTY,who are personally known to me.
Notary Public/^tate
p0&MARIA L<
>•<$<i COMMISSION NUMBER
MARIA LGAFICIA^pu&0
DD061&86?*%?<?my commission eawcs
OPf^-
r>CT.2.2005,
Print name:Mint ft Tf\^nrn^(
Commission No:3)jb 3 (q (q *]3i\
STATEOF FLORIDA )
COUNTYOFDADE)
ss:Acknowledgement of Consultant
7^%fH^r^ent T ^W b&f0TGte ^-M—-day flfQptfanhww bynimjtndl/fr-lle of H.T-KoSS Aswifrtes „„1^,1*nf fhft rnwQTrrtaxf/
He is personally known tomeorhas produced ;onbehalf of the CONSULTANT.
APPROVED AS TOFQRM &CONTENT
JityAttO]
Professional Services Agreement
General Engineering Services
December 2004
Page16 of 16
tnc as identification.
(U*~4~e*JL^
Notary Public.State of Florida)hc^§tate of Florida
Print name
Commission No:
ril^fe^kd^flb fSJmcALiNAG.MENOCAL
Notary PubBc-State of Florida
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Commission #OD 366721
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April 28,2006
Community &Economic Development
140 WestFlaglerStreet•Suite1000
Miami,Florida 33130
T 305-375-3422 F 305-375-3428
miamidade.gov
Mr.W.Ajibola Balogun,REM,CFEA
Public Works &Engineering Director
City of South Miami
4795 SW 75th Avenue
Miami,FL 33155
Re:FY2006 CDBG Contract
Cityof South Miami
TYLIN International/HJ Ross
Dear Mr.Balogun:
We have reviewed your proposed subcontract withTYLIN International/HJRoss
for engineering services for Phase 3of Church Street Reconstruction witha
maximum compensation of $21,270 and have found itto be acceptable.Itis
noted that there are sufficient funds available in the latest approved budget.
Sincerely,
Silvia M.Unzueta
Acting Director
SMU/RH
o
4L Eve.
City of South Miami
Church Street -Phase III
6461 6420 6481
6501
6571
6505 6500
6516
6532
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6551
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v END-OE
/PROJECT^
6591
SW 66TH ST
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