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2THE 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 with Marlin Engineering Inc. for a total expenditure not to exceed $59,880 for Engineering design to enable construction and to expend $5,120 over the proposal amount for unknown factors for West Pinecrest Villas Traffic Calming Design. A traffic study was performed to assess the magnitude of cut-through traffic in the neighborhood bounded by the areas described below: • South of US 1, 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. For location of neighborhoods see Exhibit 1 "South Miami Traffic Calming Neighborhood" map. Based on the results of the study, traffic calming measures such as speed tables and traffic circles are recommended. In accordance with and pursuant to Florida Statute 287.055 for CCNA, Marlin Engineering Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with Marlin Engineering Inc. to perform engineering services for the City. Below is a table of the Traffic & Transportation Firms under the CCNA. Firm Project Status Ty Lin International Mango/ Manor Lane Traffic Calming Design phase The Corradino Bird Estate & Twin Lakes Traffic Design phase Group Calming Marlin Engineering Pinecrest! Snapper Creek Traffic Design proposal Calming submitted C H Perez Cocoplum Traffic Calming Study phase Consulting URS Bus Shelters Pending THE CITY OF PLEASANT LlVINC CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM AMOUNT: ACCOUNT: ATTACHMENTS: Marlin Engineering Inc. submitted a proposal in the amount of $59,880 to perform the Traffic calming Design. A contingency amount of $5,120 will be included over the proposal amount to address for unknown factors, such as drainage issues, that may arise during the work. The total amount of the contract, including the contingency, will be $65,000 Amount not to exceed $65,000. The expenditure shall be charged to the People's Transportation Plan account number 124-1730-541-6490 which has a balance of $705,021.46, before this request was made. Resolution Proposal by Marlin Engineering, Inc Agreement for Professional Services Exhibit 1 "South Miami Traffic Calming Neighborhood" map. CCNA Resolution Professional Service Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 RESOLUTION NO.: _____ _ A Resolution authorizing the City Manager enter into a contract with the Marlin Engineering Inc. for a total expenditure not to exceed $59,880 and to expend $5,120 over the proposal amount for unknown factors for West Pinecrest Villas Traffic Calming Design WHEREAS, the Mayor and City Commission wish to provide traffic calming to the area known as Pinecrest Villas/ Snapper Creek! Seaview Park, and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, Marlin Engineering Inc. was one of the firms selected to provide professional engineering services; and WHEREAS, the City negotiated hourly rates with the firm and entered into a professional service agreement with The Marlin Engineering Inc. to perform engineering services for the City; and WHEREAS, after negotiating with Marlin Engineering Inc. on a cost to perform the design services for traffic calming, they submitted a proposal of$59,880, and WHEREAS, the City desires to provide a contingency of $5,120 over the proposal amount for unknown factors that may arise during the work; and WHEREAS, the total expenditure is not to exceed $65,000; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Marlin Engineering, Inc. for the Traffic Calming Design for a total amount not to exceed $65,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to negotiate and enter into a contract with Marlin Engineering Inc. for the Traffic Calming Design for an amount not to exceed $59,880 and to expend $5,120 over the proposal amount for unknown factors. A copy of the contract is attached. Section 2: The expenditure shall be charged to the People's Transportation Plan account number 124-1730-541- 6490 which has a balance of $705,021.46, before this request was made. Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day --- ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY ______ , 2014. APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond South Miami Traffic Calming Neighborhoods Prepared January 2013 Twin Lakes Study: RFP Cocoplum Construction: Complete Mango Terrace Study: Complete Design: RFP .ManorLane Study: Complete Design: RFP Pinecrest Villas Construction: Complete West&South Plr.~cr~st Villas Study: RFP CRA City Road County Road m State Road Exhibit 1 August 20, 2014 Grizel Martinez City of South Miami Public Works and Engineering Department 4795 SW 75th Avenue Miami, FL 33155 RE: PROPOSAL FOR WEST AND SOUTH PINECREST VILLAS TRAFFIC CALMING DESIGN Dear Ms. Martinez: Marlin Engineering, Inc. (MEl) is pleased to respond to your request for proposal on the above referenced project. 1. SCOPE OF WORK A. Phase 2 -Design of Final Construction Plans and Technical Specifications, including obtaining necessary permits from MDPWD. Post Design Services, including preparation of bid documents and construction inspection services will also be included. Following the procedures outlined in the Miami-Dade County Street Closure and Traffic Flow Modification Manual, MEl will develop final signed and sealed construction plans and technical specifications for the approved traffic calming measures within the Conceptual Improvement Plan. Traffic Calming Devices will be installed at the following locations; 1) Traffic Circle at SW 78th Street and SW 63rd Avenue 2) Traffic Circle at SW 82nd Street and SW 58th Avenue 3) Speed Table along SW 79th Street between SW 62nd Avenue and SW 63rd Avenue. 4) Speed Table along SW 81 5t Street between SW 60th Avenue and SW 62nd Avenue. 5) Speed Table along SW 81 5t Street between SW 59th Avenue and SW 60th Avenue. 6) Speed Table along SW 83rd Street between SW 57'h Avenue and SW 58th Avenue. 7) Speed Table along SW 83rd Street between SW 58th Avenue and SW 59th Avenue. 8) Speed Table along SW 84th Street between SW 60th Avenue and SW 62nd Avenue. 2191 NW 97 Avenue Miami, Florida 33172·2313 Tel. {305/ 477·7575 Fax {3051 477·7590 ENGINEERING 9) Speed Table along SW 84 th Street between SW 59 th Avenue and SW 60 th Avenue. A. Preparation of Engineering Drawings HorizontalNertical Geometry Design File -MEl will prepare roadway plans including the master design file for the horizontal and vertical geometry, drainage structure features if necessary, and utilities including conflict location identification and adjustments. Traffic Control Analysis -MEl will develop general notes and phasing details for Maintenance of Traffic Quantities -MEl will tabulate and calculate quantities of construction items. Quality Control -MEl will perform quality control and peer review of contract documents. Utility Coordination -MEl will coordinate with utility owners for facilities within project limits and certify clearance for construction. B. Preparation of Engineering Specifications MEl will prepare specifications and bid documents for the project as per the City of South Miami and Miami Dade County requirements. C. Miami-Dade County Public Works Department (MDPWD) Coordination and Permitting MEl will coordinate with Miami-Dade County Public Works Department (MDPWD) and DERM to obtain permitting approval of the traffic calming design. D. Meetings/Commission Presentation MEl will perform one (1) neighborhood public meeting and one (1) presentation to the City Commission to discuss the final design for this project. E. Post Design Services MEl will perform post design services including attendance at the pre-construction meeting, responses to requests for information, review of shop drawings, design revisions, and field meetings. 2191 NW 97 Avenue Miami, Florida 33172-2313 Tel. 1305) 477-7575 Fax 1305) 477-7590 ENGINEERING Special Notes: 1. Preliminary field review indicated that drainage impacts are not anticipated. 2. Survey is included in the fees. 3. The need for geotechnical task, such as soil borings is not anticipated. 3. CONTRACT SUM For the services performed under paragraph 2, the Client will pay the Engineer the lump sum fee of ($59,880.00) payable as follows. Any additional services will be negotiated as needed. 4. PAYMENTS Subsequent progress payments of the above lump sum fees shall apply and invoice monthly in proportion to the services performed. Should the client wish us to provide and/or negotiate with third parties, any of the aforementioned services or any other additional work not included in this proposal under the Scope of Work, we will provide it on a Time Charge plus Expenses basis, computed as the sum the following: • Approved Employee Category and Certified Wage Rates • Non-Salary expenses times a multiplier of 1.05 Non-Salary expenses include such typical expenses as cost of: transportation and subsistence; toll telephone calls and telegraph; printing and reproduction; computer time and programming costs; identifiable supplies; subcontract services such as: surveys, subsurface investigation and testing by commercial laboratories. 5. CLIENT RESPONSIBILITIES Provide access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this proposal. 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 33172-2313 Tel. (3051 477-7575 Fax {3051 477-7590 ENGINEERIN 6. SCHEDULE & DELIVERIES A "signed and sealed" set of contract plans shall be submitted as depicted in the schedule below. SCHEDULE OF DELIVERABLES Major Task, Sub-Task, Activity, or Deliverables Duration Delivery Date Initial Submittal (90% Plans 16 weeks +16 weeks Final Submittal (100% Plans 4 weeks +20 weeks The Engineer has neither jurisdiction nor control over the regulatory agencies and their plans review process, therefore the Engineer shall not be liable for the delays created by said agencies. 7. ACCEPTANCE The return of an executed copy of this proposal would constitute our authorization to proceed. Very truly yours MARLIN ENGINEERING, INC. J~mes E. Spinks III, PE, PTOE Vice President ACCEPTED BY: ______________________ _ DATE: __________ __ 2191 NW 97 Avenue Miami, Florida 33172-2313 Tel. 1305) 477-7575 Fax 1305) 477-7590 MARLIN ENGINEERING, INC. MARLIN ENGINEERING, INC. CONSULTANT SERVICES FOR CITY OF SOUTH MIAMI South Miami Trttffic Calming J)esigll, Permittillg alld COllstruction Support 812012014 FEE PROPOSAL Task Activity Principal Project Senior Engineering Engineering GIS Specialist Clerical TOTAL Manager Engineer Intern Tech Rates $ 165.00 $ 145.00 $ 135.00 $ 110.00 $ 80.00 $ 80.00 I $ 50.00 'A,< reparalion pf Engineering Drawings ",< .... .'.' " ;',,'.". ',' '., ", ,,' . " " .: ' Traffic Circles 8,0 20,0 120,0 4,0 152,0 : .. " 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 ;~. ~,. repllrlltionofEnj!irleeriDl! Specificanons ,.,,' ,'. ,<: . .' ; ...... :. .. ,.", ... , . .:', ." ... :', .. ,' .... ". ,':" ....... '. ',' "', .. ,<."':,,,: , .. ,>,.,' ",,',,' ,'.'::i: :'. MDPWD Specifications 4,0 16,0 8.0 28,0 - I:.i •. ":'. ,ub-total Hours -4.0 16.0 8.0 ---28.0 I,e' ub-total Salary Cost $ -$ 580.00 $ 2,160.00 $ 880,00 $ -$ -$ -$ 3,620.00 ermitting/Coordination~ MDPWD ',':':".S:>" .'" :/,/,:<,.,',; .,. ','.'" '.,' Y;, .. ).' ,\ ·s., >,;,':"';';').'';';'" ; " ':', '.',.' .:":",". '<"::e:: ". btain pennit from MDPWD-Traffic Engineering 8,0 16.0 16.0 - I> i" :'. ,ub-total Hours -8.0 16.0 16.0 ---40.0 .. ,ub-total Salary Cost $ -$ 1,160.00 $ 2,160.00 $ 1,760.00 $ -$ $ -$ 5,080.00 • Meetings/Cominission Presentation" '''. :':'." .. .. '" ::: , ..' : .... ,;:'.< :'.' <, v1eetings I 2 8.0 8,0 8.0 26.0 ,,:,: - .. ,},: Sub-total Hours I 2.0 8.0 8.0 8.0 ---26.0 Sub-total Salary Cost 1$ 330,00 $ 1,160.00 $ 1,080,00 $ 880,00 $ -$ -$ $ 3,450.00 > .. P<)sfDesii!n SerVices ' .' '" ',:'." ,::,.'" ",.', ..: ":,e,: ::.; ". '> ,:Y",:> ',:, ":' .:,." :'" , ',Y": ,;;0>,:,;<, ,: Periodic Inspection I 2.0 40,0 42.0 .... -. Sub-total Hours -2.0 40.0 ----42.0 Sub-total Salary Cost $ -$ 290,00 $ 5,400.00 $ -$ -$ -$ -$ 5,690.00 . ng Total Hours 2.0 42.0 124.0 332.0 --4.0 436.0 Cost $ 330.00 $ 6090.00 $ 16740,00 $ 36520.00 $ $ -$ 200,00 $ 59880.00 ,; Sublolal $ 59,880,00 < .. MARLIN ENGINEERING COST FEE $ 59,880.00 SUBCONSULTANTS COST FEE ',' ' ,: .. '" . , . '. .' .. ',,' :,,' , , TFEE $ 59880.00 Page 1 of 1 CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into this __ day of , 20-, by the CITY OF SOUTH MIAMI through its City Manager, both of whom shall hereinafter be referred to as the "CITY" where applicable; and Marlin Engineering, Inc. with an office and principal place of business located at 2191 NW 97th Ave, Doral, FL 33172 (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in 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 SW 62 Avenue and SW 63 Avenue. • Speed Table along SW 81 Street between SW 60 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 of work shall include roadway analysis, topographic survey, signing and pavement markings, and drainage and geotechnical activities as required. All existing features, i.e. sidewalks, driveways, etc., requiring repair or replacement, shall also be addressed accordingly; and WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR's representations that it is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, the CONTRACTOR has agreed to provide the services identified in its August 26, 2014 proposal for the project entitled "Pinecrest Traffic Calming Design", pursuant to its Professional Service Agreement with the City of South Miami for Civil Engineering services for Roadway Projects, dated June 28, 2013. A copy of the Proposal and the Professional Service Agreement is attached. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) The recitals set forth above are true and correct representations of the parties and they are hereby made a part of this agreement by reference. Thomas F. Pepe 2014 7/1/14 Page -1-of4 2) ENGAGEMENT OF CONTRACTOR: Based on the representations of the CONTRACTOR as set forth above and as set out in the following "checked" documents (check the box preceding the document to indicate that such document is part of this contract): o CONTRACTOR's response to the City's written solicitation; or )ti CONTRACTOR's proposal or quote The CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents (hereinafter referred to as the Work"). 3) Contract Documents: The Contract Documents shall include this Contract and the following II checked documents" (check the box preceding the document to indicate that such document is part of this contract) o General Conditions to Contract o Supplementary Conditions Xl "Other documents" referring to this contract and signed by the parties o Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, proposal or similar request) o Scope of Services o Contractor's response to the City's Bid Documents ~ Contractor's proposal or quote o City's Insurance Requirements o City's Indemnification Requirements o Payment Bond o 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 )ZO days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. Time is 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 ~'vV'Q..-5. S~ \'A~-;:' Thomas F. Pepe 2014 7/1/14 Page -2 -of 4 6) Scope of Services: The goods and/or services to be provided are as set forth in the "checked docu ments". 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, if any, 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, it is 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 on days 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 Commencement Date and shall continue for 120 ba'1~ until it expires ~ xxxxxxxxxxxxxxxxxxxx I, unless earlier terminated according to any of the terms of this Agreement. Notwithstanding the foregoing, this Agreement may be extended by an additional ~ period if the extension is in 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: This contract may be terminated without cause by the City with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 11) Applicable law and Venue: Florida law shall apply to the interpretation and enforcement of this contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 12) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. Any provision in any contract document that provides for indemnification by the City is subject to the City's right to sovereign immunity and the protection provided by Florida Statutes, including Section 768.28. Furthermore, nothing contained in any contract documents shall waive or limit such immunity or protection. 13) liquidated Damages: In the event that the Contractor shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $ ~/A dollars per day until the Work is completed. 14) Jury Trial Waiver: The parties waive their right to jury trial. Thomas F. Pepe 2014 7/1/14 Page -3 -of 4 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the 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 not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any 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 on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. IN WITNESS WHEREOF, the parties, have executed this Contract on or prior to the date first above written with full knowledge of its content and significance and intending to be legally bound by the terms hereof. ATIESTED: By: _______________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: ___________ __ Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 2014 7/1/14 Marlin Engineering, Inc. By: _________ _ (Print name and title above) CITY OF SOUTH MIAMI By: ______________ _ Page -4 -of4 Steven Alexander City Manager RESOLUTION NO.: 151 -1 3-1 3969 A Resolution authorizing the City Manager 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, Inc" R.J. Behar and Company, Inc, T.Y.Lin International, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Works, Inc., C.H. Perez & Associates Consulting Engineers, Inc., for the following professional services: Architecture, Civil/Environmental Engineering, Structural, and Traffic & Transportation Engineering. WHEREAS, the Mayor and City Commission desire to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural, Traffic and Transportation Engineering; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City solicited qualification from interested firms and the City's review committee conducted a thorough review of the qualifications of the firms that responded to the solicitation, and upon evaluation the firms were ranked; and WHEREAS, the City met with the firms and reviewed the proposed hourly billing rates and the following firms have agreed upon the hourly billing rates disclosed in the Professional Service Agreement request for qualifications; 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., C.H. Perez & Associates Consulting Engineers, Inc.; and WHEREAS, the Mayor and City Commission desires to authorize the City Manager to execute the 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 Manager is hereby authorized to execute the form of the professional service agreement that is attached, for the negotiated hourly rates in accordance with the procedure set 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., C.H. Perez & Associates Consulting Engineers, Inc Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of_...::A.=..u~gd...::..u.=..s...::t __ , 2013. COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea TO: FROM: DATE: City of South Miami PUBLIC WORKS & ENGINEERING DEPARTMENT 4795 SW 75th Avenue Miami, FL 33155 Tel. (305) 663-6350 Fax (305) 668-7208 Steven Alexander, City Manager Jorge L. Vera, Capital Improvement Project Manager August 6,2013 South Miami bOd A!I·Ametl1:aClly "IIP 2001 /5 Resolution: A Resolution authorizing the City Manager 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, Inc" R.J. Behar and Company, Inc, T.Y. Lin International, Stanley Consultants, Inc., Sol-Arch, Inc., Civil Works, Inc., C.H: Perez & Associates Consulting Engineers, Inc., for the following professional services: Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Background: On June 4, 2013.,. the City Commission approved a resolution (#120-13-13938) authorizing the City Manager to negotiate hourly billing rates and to execute a Professional Service Agreement with the firms that were selected from our request for qualifications RFQ # PW-S2013-04 for Architecture, Landscape Architecture, Civil/Environmental Engineering, Structural and Traffic & Transportation Engineering. Of the 24 firms selected, City staff has met with and reviewed the proposed hourly billing rates for the above referenced firms. After negotiating an acceptable hourly billing rate with the firms, the firms entered into a Professional Service Agreement in order to provide professional engineering services to the City at the agreed hourly billing rate for future projects. In an effort to provide transparency and accountability, the hourly billing rate per job classification is based on FOOT's Consultant Wage Average Report for the period of May 2012 to May 2013 is attached. The report is based on an FOOT yearly data collection and analysis of the prevailing hourly wage rate by job classification within different geographical areas in the State. Our geographical area is within District 6 which encompasses Miami-Dade and Monroe Counties. The rates in the report are negotiated unloaded rates which provide personnel hourly billing rate per classification excluding company overhead and benefit. To the hourly negotiated unloaded rate, each firm adds a multiplier for the company's overhead and benefits. The multiplier in District 6 ranges from 2.5 to 3.1, depending on the size of the firm. Please find below the firms that have submitted a signed Professional Service Agreement, which includes their negotiated hourly billing rate plus the multiplier. Upon further future negotiations, additional firms will be presented to the City Commission for 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. C.H. Perez & Associates Consulting Engineers, Inc. Upon approval of the Professional Services Agreements by the City Commission, City staff will request quotes for City projects from individual firms on a rotating basis and in accordance with Florida Statutes 287.55 CCNA. The quotes will be negotiated based on the scope of a project, duration and the contractual hourly billing rate. Upon the City staff negotiating a final cost to perform the required project, a resolution will be presented to the City Commission for their approval. Please note that the execution of these Professional General Service agreements does not commit the City to any maximum amount of fees nor guarantee any work.' Attachments: Proposed Resolution Blank Professional Service Agreement Signed Professional Service Agreements -CO Listed consultant hourly billing rates FOOT Consultant wage average report Resolution 120-13-13938 Sun biz PROFESSIONAL SERVICE AGREEMENT General '\(u:rtc:\(.. ~fl ,,"c:~e~ices THIS AGREEMENT made and entered into this Z1 day of JutJ\! .20 I? by and between the CITY OF SOUTH MIAMI. a political subdivision of the State of Florida and MAR'-..\,J €:"'~'~f!:t..L\. ~!I lnG. authorized to do business in the State of Florida. hereinafter referred to as the "CONS" LTANT". In consideration of the premises and the 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 ~3 (q I 1. () I it' . and the CONSULTANT agrees to be available. continuing basis. to perform profes ional services in connection with project(s) where the basic estimated construction costs of each individual project does not exceed $2.000,000.00 or wh¢re the individual study does not exceed $200,000.00, herein after called the "SERVICES". 1.0 General Provisions 1.1 The CONSULTANT may be awarded work and issued a Notice to Proceed to provide professional services for a project, for a portion of a project, or for discrete tasks on a project. Additional Professional Services, for the purpose of reviewing work performed qy other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the City Manager, or his designee. hereinafter referred to as "CITY". The City of South Miami reserves, at all times. the right to perform any and all engineering work in-house or with other engineers. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the City of South Miami, nor does it obligate the City of South Miami in any manner to guarantee" work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the City of South .Miami outside of this AGREEMENT. " 1.3 The CITY will confer with the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the work; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which the CONSULTANT'S presence is required. Page I of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) 1.7 The CITY may 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. 2.0 Professional Services 2. I General Services The professional services to be provided by the consultant may be one or more of the following. and include but not limited to: A. Roadway Engineering to include streets, sidewalk, curb, gutter, drainage, associated traffic control devices, stripping, lighting, irrigation, speed reduction devices and residential 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 Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, including, site investigation and design needed to prepare remediation plans to mitigate underground storage tanks, hazardous waste materials and asbestos materials. E. Traffic Engineering Services will include daily volume counts, data analysis, preparation of conceptual improvements plan, pres.ent reports and recommendations to stakeholders and preparation of final traffic engineering report. F. Jl."l;.I1i~~c:t':lf'.<lI.S~~ice~.t<?pr<?xic!edraVv'il1gs.~l1cl.~P~~ifi.~<l:tion~forrlE?V\' .C:()I1~ttllcti()ns. 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 hard copy and diskette of plans in the requested format. G. Landscape Architecture including providing drawings and specifications for landscape projects; site master 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 of plans in the requested format. H. Registered Surveying and Mapping Other incidental services associated to the above items. Page 2 of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) ·. 2.2 Design & Construction -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 services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project, 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. 2.2.1 Phase I-Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user to determine the full scope of the Project that will meet the program requirements, and shall advise the .CITY if, in the CONSULTANT'S 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. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. . C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project Timetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (uniess advised otherwise) as defined below, and the Statement of Probable Construction Cost. . D. . The Proposed Project Timetable shall consist of a schedule showing the proposed completion date on each Phase of the Project through design, bidding, construction, and proposed date of completion. E. The Planning Summary (unless advised otherwise) shall consist of a vicinity plan and blow- up of the Site (if applicable) showing Project orientation, and a brief summary of all pertinent planning criteria used for the Project. F. The Schematic Design Studies (unless advised otherwise) shall consist of all plans, elevations, sections, etc. as required to show the scale and relationship of the parts and the design concept of the whole. Asimple perspective sketch. rendering, model or photograph thereof may be provided to further show the design concept. G. The CONSU L T ANT shall present the Schematic design studies to the appropriate commission, committee, agency or board (hereinafter collectively referred to as "Boards") for their approval when the project requires such approval. The Consultant shall make copies necessary for presentation to the Board at no additional cost to City. H. The CONSU L T ANT shall pr.esent 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. Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Page 3 of 31 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 CONSULTANT'S opinions of probable Total Project Costs and Construction Cost are to be made on the basis of the CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional, familiar with the local construction industry and prices. J. The CONSULTANT shall submit and present two (2) copies of all documents required under this Phase, without additional charge, for approval by the CITY and it shall not proceed with the next Phase until directed by the CITY in writing. 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 eritire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost, and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY in writing. 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 III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase III -Final Design I Construction Documents Development A. From 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. The 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 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 of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work, 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 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) Page 4 of 31 •. 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: I. Non-drawing submittals in Microsoft Office Word format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also submit at this time an updated Statement of Probable Construction 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 documents is received from the CITY in writing. The CONSULTANT shall make all changes to documents required by the CITY. before proceeding further. A set of the revised documents shall be returned to the CITY after incorporating all of the changes, if any. F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of . Probable Construction Cost exceeds the total allocated funds, unless the CITY increases the total allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget. 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 the final draft of all 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 which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H) if the changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish to the CITY a minimum of 30 sets of drawings and specifications, without additional charge 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. The CONSULTANT shall respond to all technical questions from regulatory agencies. The CONSULTANTshall modify, at no additional cost to CITY, in order to acquire the necessary permits. Page 5 of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (ReVised SK 4-3-13, GM 6-18-13) 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 CITY in obtaining bids as well as awarding and preparing" construction contracts. The CONSULTANT shall attend all pre-bid conferences. The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriate to clarify, correct or change Bid Documents. C. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, the CONSULTANT shall assist City in developing qualification criteria,· review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: I. Approve the increase in Project Cost and award a construction contract. or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct· the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project, or 5. Exercise all options under the City Charter and State Law. NOTE: U,nder item (2) and (3) above, the CONSULTANT shall, without additional compensation, assist the CITY in obtaining re-bids, and awarding the re-bid of the project. Under item (3) above, the CONSULTANT shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bid is over 15% of the CONSULTANT estimate. All construction contracts ... must be approved by the City Commission after the City awards the contract for commission approval. E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V -General Administration of the Construction Contract: A. The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY Page 6 ofJl 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 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 if the WORK is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the CONSULTANT will use reasonable and customary care to guard the CITY against defects and deficiencies in the WORK. The CONSULTANT may be required to provide continuous daily on-site observations to check the quality or quantity of the WORK as set forth in this AGRI;EMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSU L T ANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval of the Certificate in such amounts. The-recommendation of approval of a Payment Certificate shall constitute a representation by the CONSULTANT to the CITY that, the CONSULTANT certifies to the CITY that the WORK has progressed to the point indicated, and the quality of the WORK is in accordance with the Contract Documents subject to: I. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. 2. The results of any subsequent tests required by the Contract Documerrts. 3. Minor deviations from the Contract Documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection of WORK, which does not conform to the Contract Documents. Whenever, in its reasonable opinion, the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents, it will have authority (with the City's prior approval) to recommend special inspections or testing of any WORK deemed not to be in accordance with the Contract Documents whether or not such WORK has been fabricated and delivered to the Project, or installed and completed. I. The CONSULTANT shall promptly review and approve shop drawings, samples, and other submissions of the Contractor for conformance with the design concept of the Project and for compliance With the Contract Documents. Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. Page 7 ofll Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) J. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by. others. and initiate proposed change orders as required by its own 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. 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 CITY and satisfactory performance obtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor. He shall obtain from the Contractor all warranties. guarantees. operating and maintenance manuals for equipment. releases of lien and such other documents and certificates as may be required by applicable codes. laws. policy regulations. the specifications and .the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to. I) initial instruction of CITY personnel in the operation and maintenance of any equipment or system. 2) initial start-up and testing. adjusting and balancing of equipment and systems. and. 3) final clean-up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. 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 the CITY. outlining the implementation plan of all the required maintenance necessary to keep the proposed WORK operational in a safe and effective manner. B. The CONSULTANT shall furnish to the CITY, reproducible record (as-built) drawings updated based on information furnished by the Contractor; such drawings shall become the property of theelTY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction. The CONSULTANT shall assist the CITY with the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. D. The CONSULTANT shall furnish the City with a 3-ring binder labeled "Close-out Documents" that will include. as a minimum. a copy of: • Certificates of completion • As-Builts (112 size) • Test Results • Daily construction inspection reports Q Progress meeting minutes • Approved shop drawings Page 8 of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13. GM 6-18-13) • Warranty manuals as applicable • Final release of liens • Final payment to contractor . 2.3 Additional Professional Services Additional Services as listed· below are normally considered to be beyond the scope of the Basic Services for design and construction, as defined in this AGREEMENT, but which are additional services which may be authorized within the Scope of Work given the CONSULTANT. A. Special analysis of the CITY'S needs, and special programming requirements for a project. B. Financial feasibility, life cycle costing or other special studies. C. Planning surveys, site evaluations, or comparative studies of prospective sites. D. Design services relative to future facilities; systems and equipment, which are not intended to be constructed as part of a 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 by the 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 CITY to be other than by fault of the CONSULTANT. H. Professional services made necessary by the default of the Contractor or by major defects in . the WORK under the Construction Contract, providing the cause is found by the CITY to be other than by fault of the CONSULTANT. I. Making major revisions changing the Scope of a project, to drawings and specifications when such revisions are inconsistent with written approvals or instruction previously given by the CITY and are due to causes beyond the control of the CONSULTANT. (Major revisions are defined as those changing the Scope and arrangement of spaces and/or scheme or any portion). J. The services of one 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 CITY or the Contractor's Requisition for Final Payment. except as otherwise required under Basic Services. M. Preparing supporting data, drawings. and specifications as may be required for Change Orders Page 9 of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13. GM 6-18-13) affecting the scope of a Project provided the Changes are due to causes found by the CITY to be beyond the control of the CONSULTANT. 3.0 Time for Completion The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination; stated in the said Notice to 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. 4.0 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 of a 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 as possible. For reproduction of plans and specifications, beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or, a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a 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, for the services rendered pursuant to this AGREEMENT, fees in accordance with the following: Category Principal Project Manager Senior Engineer Engineer Construction Manager Construction Inspection Senior DraftsmanIT echnicalfCADD Operator Draftsmen Data Processing I 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) Hourly Rate 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not specified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: • 15% upon completion and approval of Phase I. • 35% upon completion and approval of Phase 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 of the Project and approval of all WORK Phase V). • 100% upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by t~e CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANTs Name. • Total Contract amount (CONSULTANTs lump sum negotiated), if applicable. • Percent of work completed. • . Amount earned. • Amount previously billed. • Due this invoice. • Balance remaining. • Summary of work done this billing period. • Invoice number and date. • CONSULTANTs W-9 Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and hourly rates. 6.0 Right of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature 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 judgment 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 appropriate Arbitration Rules of the American Arbitration Association. Page II of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) 7.0 Ownership of Documents All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances, Conferences and Hearings Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time 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. 9.0 Notices Any notices, reports or other ·written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CITY. Any notices, reports or other communications· from the CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or its authorized representative. . 10.0 Audit Rights The CITY reserves the right to auditth~ records of theCONSULTANT related to this AGR.EEMENT at any time during the execution of the WORK and for a period of or)e year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 11.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the 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 bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. Page 12 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 13.0 Termination of AGREEMENT It is expressly understood a·nd agreed that the CITY may terminiite this AGREEEMENT without penalty by declining to issue Notice to Proceed authodzing YVORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. . 14.0 Duration of AGREEMENT This AGREEMENT is for a time period of three (3) years, commencing upon approval and eXecution of AGREE.MENT. This AGREEMENT sball remain in force until the actual completion of performance of a given project awarded to the CONSULTANT, or unless otherwise terminated by the CITY. 15.0 Renewal Option This AGREEMENT maY be. renewed, at the sole discretion of the CITY, for an additio~al period not to exceed a total cOntract period, including reneWals, of one (I) year. 16.0 . Default In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party ·may ded.are 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 any litigation between the parties·arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. . .'. :. . 17.0 . Insurance and Indemnification The CONSULTANT shall maintain during the term of this AGREEMENT the insurance as set forth in "Attachment A, Insurance and Indemnification" to this AGREEMENT. Page 13 of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) 18.0' AGREEMENT Not Exclusive / I \ Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to 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. regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project.-The CONSULTANT is required to complete and sign all affidavits. including Public Entity Crimes Affidavit form (attached) pursu<\nt to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state; and/or local taxes related to the Operations, inclusive of sales tax if applicable. 21.0 prug Free Workplace CONSULTANT shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this AGREEi1ENT by reference. 22.0 Independent Contractor CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 23.0 Duties and Responsibilities CONSULTANT agrees to provide its -setyices during the term of this AGREEMENT in accordance with all applicabie laws, rules, regulations, and health and' safety standards of the federal, state, and City, which may be applicable to the 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 _ Entirety of AGREEMENT This writing embOdies the entire AGREEMENT and understanding between the parties hereto, and there are no other AGREEMENTs and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change,. or modification of the terms of this AGREEMENT shall be valid unless made in Page 14 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (ReVised SK 4-3-13, GM 6-18-13) writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 lury Trial CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 28.0 Rules 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 or the application thereof to any person or circumstance shall. to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the 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 of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this 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 No action shall be taken by the CONSULTANT which would discriminate against any person on the basis of race, creed. color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 Equal Employment In accordance with Federal, State and Local law, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation. national origin or handicap. The CONSULTANT shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. Page 15 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) . 33.0 Governing Laws This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 34.0 Effective Date This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third Party Beneficiary It is specifically understood and. agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 36.0 Further .Assurances The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force Majeure Neither party hereto shall beindefaultoLitsfailure toperformits obligations under thisAGREEMENTiL caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 40.0 Notices Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail, facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, ~ te.reu A-ie)lA-t-Jf;l~ 6130 Sunset Dr. South Miami, FL 33143 Fax: $DS' "34:1 -O~/?J <-} Page 16 of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) With copies by U.S. mail to: To CONSULTANT: SEe '6E.~ City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33 r 43 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov CONTRACTOR Signature: _-.::::=~~~~~~~~~=-__ Name: ---""~-'" ~~~~~1::4--.---Signature: *~==~--::;~==---_____ _ Iv\. " \l.\... ,,!'oS eN i i ,., e e~.,\A1 ~ ::Cllh,!C)(.rt> ~ C-o\-,ei) ~ ,..ME$ E" Self" \.4~ ~J"?e \ '?ToE Vl~ ?QE;stge,J,. _ 'jJ....,.,1II '"J MA'I'I,~;)I' ~tfTrt ,c~.rJk '2\ q \ ~~ eti J.-\J~Io1"~ 1> oA..fwf-, . p:-<-~"') ,1. ""2- t' : t.~o'S) "\11--'1 ':i' 5 ,: ~ (:~tI:;) "\"'11'" 1 IS tt b Page 17 ofll Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONSULTANT'S 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's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error:, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise . out of actions or omissions of the CONSULTANT, its agents, representatives, employees, Sub- Contractors. sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS, Sub-Contractors, their agents or assigns. The CONSULTANT shall maintain during the term of this AGREEMENT the following insurance: A. Professional Liability Insurance on a Florida approved form in the amOUr.lt of $\,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of . the services or work performed by the CONSULTANT its agents, representatives, Sub- Contractors or assigns, or by any person employed or retained by him in connection with this AGREEMENT. This insurance shall be maintained for four years Insurance and Indemnification July 25, 2012 after completion of the construction and acceptance of any Project covered by this 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, on a 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 $25,000 per person; Page 19 of31 Professional Service AGREEMENT Tpepe© 12-31-12 (ReVised SK 4-3-13, GM 6-18-13) c. Property Damage: $500,000 each occurrence; d. Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim. The CITY must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. The CITY must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CITY. The CONSULTANT must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies shali contain waiver of subrogation against the CITY where appiicable, shaH expressly provide that such policy or policies are primary over any other collective insurance that the CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. F. All of the above insurance required to be provided by the CONSULTANT is to be placed with BEST rated A-a (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONSULTANT shall furnish certified copies of all "Binders" or certificates of insurance to the CITY prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior,written notice to the CITY. ' ' Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this AGREEMENT. CONSULTANT agrees to supply copies of certificates of insurance to the CITY verifying the above-mentioned insurance coverage. CONSULTANT agrees to list the CITY as an Additional Insured of the CONSULTANT's General liability insurance and shall provide the CITY quarterly reports concerning any and all claims. Page 20 of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposal.) 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 I. Respondent's Sworn Statement under Section 287. I 33(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITY, and shall agree not to undertake any other private representation which mOight create a conflict of interest with the CITY. The CONSULTANT may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The CONSULTANT selected will be required to enter into a formal AGREEMENT with the CITY in a form satisfactory to the CITY, prior to the execution of which the CITY shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 22 of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the 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 on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcdntractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". . The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. The CONSULTANT must disclose the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. . SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE 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 C. '-r ':>\)"1''''''' \ ~ \ A ... , ? print name of the public entity] by Se~\1) '-~.,,rha .... V\c.£ L~I'f;"'T [print individual's name and title] fur ____ ~bA~b~2~.~~~L-~~~~~'ul.~EuG~U~\~~~~~~\~~~~.--------~-------------- [print name of entity submItting sworn sf'iftement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is G>S,.Oc. 1qG'<>o 1 <If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: (. ~... 01"..1 oil fo (;) \. ) . 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by Page 23 of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) indictment or information after July I. 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of gUilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a). Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income amcing persons when not for fair market value under an arm's length AGREEMENT. shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a pUblic entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I )( e). Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives. partners. shareholders, employees, members"and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ./ Neither the entity submitting this sworn statement. nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a pUblic entity crime subsequent'to July I, 1989. __ The entity submitting this sworn statement, or one or more of !ts officers, directors, executives, partners, shareholders, employees, members"or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted 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, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determi'ned that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE Page 24 of 31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13. GM 6-18-13) PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. <-~ .. ~'&? O¥-&---. F= [signatur~ ~ Sworn to and subscribed before me this "1..Jh day of. 20-.:[:.-"3 __ /Personally known or ............. Produced identification Notary Public -State of __ k __ _ My commission expires 2/\'j20[l (Type of identification) (Printed. typed or stamped commissioned name of notary public) Page 2S of 31 Professional Service AGREEMENT Tpepe© 12-31-12 (ReVised SK 4-3-13, GM 6-18-13) EUZABETH GUZMm MY COMMlSSION # EE 675311 EXPIRES: Februaty 17, 2017 Bondad TIw Notary Pubtic Ui1OelWlltel1 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such Prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will. notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation. of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: 5~(l.,,-A.1w.<;~ ~ .... (, \ "2."\ \. \""3 Page 26 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this ..1;:Lday of_ ..... )"..."_~---'t."--___ ,20iL, The undersigned, as CONSULTANT, declares that the only persons interested in this AGREEMENT are named herein; that no other person has any interest in this AGREEMENT; That this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good 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 as follows: V. "", .. ,J s-.V"Io -V M.' (pe,J-r I The CONSULTANT further certifies that this response/submission complies with section4( c) of the Charter of the City of South Miami. Florida. That. to the best of its knowledge and belief, no commissioner, Mayor or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Title: Telephone: Company Name: NOTARY PUBLIC: STATE OF COUNTY OF . """ ~ ~€.'S \.l? A'-"Yb~':,b.k Page 27 of 31 Professional Servic"e AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13. GM 6-18-13) The foregoing instrument was acknowledged before me this it; day of Jv~t. J 21>\') -a6 by $c-tt.Cj'. A,-t~~.se:., J.t. (name of person whose signature is being notarized) who is ..7 Personally known or SEAL Page 28 of 31 Professiomi.1 Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ---;;;:r Personal identification --\J, ice: e{csidam Type of Identification Produced V Did take an oath, or Did Not take an oath. £\ \?Q ~ t\1 6..i'2(\t)Y1 (Name of Notary Public: Print, Stamp or type as commissioned.) EUlABETH GUZMAN MY COMMISSION' EE 875311 EXPIRES: FebrualY 17,2017 Bonded Thru NQIa1)' Pubroc UndelWlftEll! ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We. ~,~ (i;" $,,,(':4 II!) \~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 any and all liability. claims. damages. losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR ~.,~~~ BY: St:.4...~\ .. ~c:.~,.,» ~(. \1 us .. ~~>\J)c",-(' Title Page 29 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13. GM 6-18-13) £ j4 Witness ATTACHMENT #S "RELATED PARTY TRANSACTION VERIFICATION FORM" 5 c iL';)'b At.-H-IlSb 1 (. , individually and on behalf of MA ... '-'. '" &S~~/1..tJIf ("Firm") [Name of Representative] [CompanylVendorIEntity] have read the City of South Miami (ClTY)'s Code of Ethics, Section SA-I of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: I. Neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to 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 any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the CITY or who is(are) an appointed or elected official of the CITY, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the CITY, and 3. Neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the CITY or has a financial interest, direct or indirect, in any business being transacted with the CITY, or with any person or agency acting for the CITY, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be Signed under oath). 4. No elected and/or appointed official or employee of the City of Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financially interest, directly or indirectly, in the contract between you and/or your Firm and the CITY other than the following individuals whose interest is set forth following their names: ________________________________________________________ ~------(usea separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all CITY employees and that of all elected and/or appointed CITY officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: ___________________________ (use a,separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 5. I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CITY, to secure a special privilege, benefit, or 'exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. Page 30 of 31 ProfeSSional Service AGREEMENT Tpepe© 12-31-12 (Revised SK 4-3-13, GM 6-18-13) 6. I and the Firm hereby acknowledge that we 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 of the CITY 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 to the additional sheet which must be signed under oath). Neither i nor any employees. officers. or directors of the Firm. nor any of their immediate family (i.e .• as a spouse. son. daughter, parent. brother or Sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: ________________ (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). " 7. No other Firm. nor any officers or directors of that Other Firm or anyone who ha,s a financial interest greater than 5% in that Other Firm, nor any member of thos~ persons' immediate family (i.e., spouse, parents. children. brothers and sisters) nor any of my immediate family members (hereinafter referred toas "Related Parties") has responded to a solicitation by the CITY in which I or the Firm that I represent or anyone who has a financial interest great~r than 5% in the Firm. or any member of those persons' immediate family (Le. spouse. parents. children, brothers and sisters) have also responded, other than the follOWing: _________________ , (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). 8. I and the Firm agree that we are obligated to supplement this Verification Form and inform the CITY of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, °1 and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. 9. A violation of the CITY's Ethics Code. the giving of any false information or the failure to supplement this Verification Form, may subject me or the" Firm to immediate termination of any AGREEMENT with the CITY. and the imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge. information and belief. Signature: c:::;;;;;;. • "IS~ SJ,.5l..R~ t= Print Name & Title: S~7'O A~ .. .:."b'" \J'c..E.:¥.(.$""s-r Date: (., ( '].. '\ ll":> ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Page 31 of 31 Professional Service AGREEMENT T pepe© 12-3 1-12 (Revised SK 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 2013 PROPOSED CONTRACT HOURLY RATE ($) PROFESSIONAL CATEGORY BURDENED Principal $165.00 Project Manager $145.00 Senior Engineer $135.00 Enginef!f $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 Ci'ew: 4-Person $1,200.96 Utility Locator $60.00 Utility Technician $55.00 SUE: 2-Person $890.00 SUE: 3-Person $950.00 Data Processing/Clerical $50.00 I CERTIFY THAT THE ABOVE RATES ARE THOSE THAT WILL BE CHARGED UNDER THIS CONTRACT. SUBMITTED BY MARLIN ENGINEERING, INC. SERGIO ALFONSO, P.E. VICE PRESIDENT