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3THE 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 Civil Works, Inc. for a total expenditure not to exceed $77,705, and to expend $2,295 over the proposal amount for unknown factors for Twin Lakes Drainage Design. A traffic study was performed to assess the magnitude of cut-through traffic in the neighborhood bounded by the areas described below, and as depicted in Exhibit A: • SW 62nd Terrace and SW 63rd Terrace, from SW 64th Court to SW 63rd Court • SW 64th Court and SW 63rd Court, from SW 62nd Terrace to SW 64th Street • SW 63rd Avenue and SW 62nd Place, from SW 62nd Terrace to SW 64th Street • SW 62nd Court, from SW 62nd Terrace to SW 63rd Terrace In accordance with and pursuant to Florida Statute 287.055 for CCNA, Civil Works, 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 Civil Works, Inc. to perform engineering services for the City. Below is a table of the Civil Firms under the CCNA list. Firm Project Status EAC Consulting Dorn Avenue Design Completed SRS Engineering Police Fueling Station Improvements Design phase Civil Works Twin Lakes Traffic Calming Design proposal submitted Milian Swain & Pending Associates R J Behar & Pending Company Civil Works, Inc. submitted a proposal in the amount of $77,705 to perform the Twin Lakes Drainage Design. A contingency in the amount of $2,295 will be included over the proposal amount to address for unknown factors that may arise during the work. The total amount of the contract, including the contingency, will be $80,000. THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM AMOUNT: ACCOUNT: ATTACHMENTS: Amount not to exceed $80,000. The expenditure shall be charged to the Stormwater Drainage Trust Fund account number 111-1730-541-6490 which has a balance of $286,998.65, before this request was made. Resolution Proposal by Civil Works, Inc Agreement for Professional Services Exhibit A, Twin Lakes Drainage area 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 to negotiate and enter into a contract with Civil Works, Inc. for a total expenditure not to exceed $77,705, and to expend $2,295 over the proposal amount for unknown factors for Twin Lakes Drainage Design. WHEREAS, the Mayor and City Commission wish to provide drainage improvements to the area known as Twin Lakes, and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, Civil Works, 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 Civil Works, Inc. to perform engineering services for the City; and WHEREAS, after negotiating with Civil Works, Inc. on a cost to perform the design services for drainage improvements, they submitted a proposal of $77,705, and WHEREAS, the City desires to provide a contingency of $2,295 over the proposal amount for unknown factors that may arise during the work; and WHEREAS, the total expenditure is not to exceed $80,000; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Civil Works, Inc. for the Twin Lakes Drainage Design for a total amount not to exceed $80,000. 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 execute a contract with Civil Works, Inc. for the Twin Lakes Drainage Design for an amount not to exceed $77,705. A copy of contract is attached. The City Manager is authorized to expend an additional $2,295 over the proposal amount for unknown factors. Section 2: The expenditure shall be charged to the Stormwater Trust Fund account number 111-1730-541-6490 which has a balance of $286,998.65 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 of ______ , 2014. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Welsh Commissioner Liebman Commissioner Edmond CW I Civil Works, Inc. Miami -Ft. Lauderdale -Orlando _____ --'-A.:...;W:,.;.;B:;.:E:.;.,:/D:...;:B;.::E..;..:fi;,;,.:rm'--__ 3.:;..O:...;;5_-4.:...;4::-=S-:-:-'-5:...:9...:;.57-5 --.:..95.:..4.:..-3.:..4;....;4....;-6:...;:5...;:.6:"::S:-4-:-0~7--3::.:3:,.:9....;-O:...:O....:..:.40 www.civilworks.comcwi@civilworks.com August 25, 2014, Revised Sept 2,2014 City of South Miami, Public Works and Engineering Dept. 4795 SW 75 Avenue Miami, Florida 33155 Attn: Mr. Ricardo Ayala Engineering and Construction Division Re: Twin Lakes Drainage Improvements Project CWI Professional Service Agreement, Task No 1. CWI Project No. 14100.00 Dear Mr. Ayala: Email to: GMartinez@southmiami.gov Civil Works, Inc. (CWI) appreciates this opportunity to provide the City of South Miami (the Client) with this revised proposal for Engineering Services to prepare Drainage Improvement Plans for the area of Twin Lakes in the City of South Miami, Florida. This letter describing the services and fees in conjunction with our Professional Services Agreement (PSA) will serve as the scope of work for this project. Introduction We understand that this area has historically experienced flooding and is in need of drainage. According the City of South Miami Stormwater Master Plan, produced in 2012, the Twin Lakes area is identified as a priority area. The City has received complaints from residents in regards to flooding along these streets. The purpose of this project is to identify the cause of the drainage issues and determine solutions to address them. Area bounded by the streets below, as depicted in Exhibit A: • SW 62nd Terrace and SW 63rd Terrace, from SW 64th Court to SW 63rd Court • SW 64th COUli and SW 63rd Court, from SW 62nd Terrace to SW 64th Street • SW 63rd Avenue and SW 62nd Place, from SW 62nd Terrace to SW 64th Street • SW 62nd Court, from SW 62nd Terrace to SW 63rd Terrace. The photographs of the flooding is documented in Exhibit B. The requested scope of work is attached as Exhibit C. Task 1 -Data Collection and Review Under this Task, CWI will review the existing site conditions and obtain topographic survey provided by our Subconsultant Manuel Vera & Associates, Inc. (MVA) for the corridor. The survey will be prepared in AutoCAD format and used as a base plan for the roadway improvements. CWI will prepare existing roadway plans showing the existing conditions. Geotechnical Soil Borings (4) will be required to obtain the soil information in the area. This soil information will be included in the roadway base plan. Upon acceptance of the topographic survey and the soil borings by the City, the survey and geotechnical fees will be invoiced as part of the Phase I task. This task includes 4 meetings with the City for the research and discussion of the drainage information, drainage concepts and schemes. Civil Works, Inc. 8491 NW 17 Street, Suite 108, Doral, FL 33126 Ph: 305-591-4323 Fax: 305-591-4074 Twin Lakes Drainage Improvements Project Sept. 2, 2014, Page 2 Task 2 -50% Construction Documents Under this Task CWI will prepare 50% Construction Documents. The existing utility companies will be contacted and the available utility information will be included in the drainage improvement plans. Based on our information, no traffic signals will be impacted by this project. It is the intent for the existing drainage structures to remain where possible, and only add exfiltration trenches where needed. CWI will prepare the following plans: • Cover Sheet • Summary of Quantities • Plan Key sheet with Drainage Locations • Drainage Plans (8 sheets) The plans will be prepared on 11"x17 n sheets at a scale of 1 n= 40' in AutoCAD format. Drainage profiles will not be required. • Drainage Details (2 sheets) • Signing and Pavement Marking Detail Sheet showing the Typical Stop Bar and pavement marking detail for the intersections. (2 sheets with locations identified) • The City bid documents (the front end contract and general conditions will be provided by the City in Word or other electronic format). • CWI will prepare the specifications using City and Miami Dade County Standards. • The Drainage report including calculations This Task also includes: -1 site visit to verify survey. -2 meetings with Public Works during the design and for the 50% review of documents. -1 field visit to discuss existing conditions during the design. -Preliminary Cost Estimate. Task 3 -100% Construction Documents As stated in the PSA, the 50% plans will be submitted for review and approval, before proceeding to the 100% plans preparation. The documents listed above will be finalized and submitted for review and approval. This task will also include the permit processing through Miami Dade County (RERIDERM) for the drainage portion of the work. This Task also includes: -2 meetings with Public Works during the design and for 100% review of documents. -2 field visit during the final design. -Updated Probable Construction Cost Estimate. Task 4 -Phase IV -Bidding and Negotiations This Task will include one Pre-bid meeting and the responses to the bidders RFI's and questions. Task 5 -Phase V -General Construction Administration This Task will include Construction Administration as described in Exhibit C. The attendance at any coordination meetings would be included as additional services. lfthe construction work requires a longer time period than anticipated, then this task will be extended under an additional work order. Civil Works, Inc. 8491 NW 17 Street, Suite 108, Dorai, FL 33126 Ph: 305-591-4323 Fax: 305-591-4074 Twin Lakes Drainage Improvements Project Sept. 2, 2014, Page 3 Task 6 -Phase VI -Post Construction Administration This Task will include the review of the as-built documents, based on information submitted by the Contractor. CWI will prepare the Close-out Documents as described in Exhibit C. Note that the as-built Record Drawings will be prepared by the Contractor and approved by CWI. DELIVERABLES CWI will provide the following sets of document: + Two copies of the topographic survey + 2 sets of 50% construction documents, Drainage Report, Probable cost estimate and outline specifications. + After approval of the 50% documents, 2 sets of 100% plans, specs, bid documents and probable cost estimate. + Electronic copies of the final documents COMPENSATION Based on the task scopes listed above, the fees for the Tasks will be for the stipulated sums indicated below. TASK STIPULATED SUM Task 1 -Data Collection and Review $5,200 Task 2 -50% Construction Documents $21,900 Task 3 -100% Construction Documents $11,680 Task 4 -Phase IV -Bidding and Negotiations $1,810 Total Design Fees $40,590 Survey (by Hadonne a Sub consultant) $16,500 Geotechnical Soil Borings ( by Geosol, a Sub consultant) $3,175 Limiting Amount Services (to be invoices hourly) Task 5 -Phase V -General Construction Administration $13,090 Task 6 -Phase VI -Post Construction Administration $4,350 Civil Works, Inc. 8491 NW 17 Street, Suite 108, Doral, FL 33126 Ph: 305-591-4323 Fax: 305-591-4074 Twin Lakes Drainage Improvements Project Sept. 2,2014, Page 4 The lump sum services include up to $200.00 in direct expenses. If direct expenses exceed $200.00, we will furnish you with a cost break down, and you will reimburse us for the additional expenses. Invoices will be submitted monthly showing the amount of hours and percent completion of the lump sum items. All fees and reimbursable expenses for these services must be paid in full before any final products are released. CLIENT'S RESPONSIBILITIES You will furnish CWI with an executed agreement for this project and copies of the following: • Any existing surveys of the roadway project (in electronic format.) • Copies of the AutoCAD files for the existing roadway and signing and marking design. • All review and permit fees. • As-builts of existing roadway. SCHEDULE We understand that this project needs to be expedited. CWI is ready to begin the project as soon as the additional information is supplied to us. We will comply with any reasonable design schedule that you require. If this scope of services is acceptable, please sign and date a copy of this letter and return one complete copy to our office. We are prepared to begin our services as soon as a signed agreement and Notice to Proceed is received from your office. Please call me at (305) 591-4323 if you have any questions. Sincerely, Civil Works, Inc. ~ Linda Bell, P.E. ~ President Accepted by Signature Printed Name Date Attachments: City of South Miami PSA Exhibit A Exhibit B Exhibit C c36/projectisoMia-twin-lakesprp3.wpd Civil Works, Inc. 8491 NW 17 Street, Suite 108, Doral, FL 33126 Ph: 305-591-4323 Fax: 305-591-4074 TWIN LAKES DRAINGE IMPROVEMENTS EXHIBIT B TWIN LAKE DRAINAGE IMPROVEMENTS EXHIBIT C Twin Lakes Drainage Improvement Scope of Work This area has historically experienced flooding and Is in need of drainage. According the City of South Miami Stormwater Master Plan, produced in 2012, the Twin Lakes area is identified as a priority area. The City has received complaints from residents in regards to flooding along these streets. Please refer to the Exhibit B. The purpose of this project is to identify the cause of the drainage issues and determine solutions to address them. Area bounded by the streets below, as depicted in Exhibit A: • SW 62 nd Terrace and SW 63 rd Terrace, from SW 64th Court to SW 63 rd Court • SW 64th Court and SW 63 rd Court, from SW 62 nd Terrace to SW 64th Street • SW 63 rd Avenue and SW 62 nd Place, from SW 62 nd Terrace to SW 64th Street • SW 62 nd Court, from SW 62 nd Terrace to SW 63 rd Terrace. Pre Design Services • Surveying Services • Geotechnical Services (percolation test) Design Phase: • Prepare detailed construction drawings at an acceptable scale (including, but not limited to, drainage system layout, storm water pollution prevention plans and applicable construction details). • Prepare technical specifications required for the project. • Prepare and submit all permit applications required for this project. It is anticipated that approval will be required from Miami-Dade RER andM-D PWD}. A review by the City of South Miami Public Works Department will also be required. • Provide construction cost estimate. Bid Phase: • Attend pre-bid meeting • Respond to bidders RFls and questions. Construction Phase: • Attend preconstruction meeting • Prepare preconstruction meeting minutes. • Attend construction meetings as required. • Conduct inspections and provide written inspection reports with attached photos. • Review/approve shop drawings and RFls. • Perform project closeout in accordance with Professional Services Agreement for General Engineering Services. • Issue punch-list (with attached photos) and final completion. • Obtain and review As-built drawings. Submit certified Record drawings by the Engineer of record to the City. The proposed design will be done in accordance with the established guidelines and procedures utilized by the City of South Miami Public Works Department, the Miami Dade County Public Works Department (Traffic Division) and the Miami-Dade RER. HADONNE Tuesday, August26,2014 Submitted to: Ricardo A. Ayala, P.E. City of South Miami 4795 SW 75 Avenue Miami, FL 33155 In reference to: PROPOSAL/AGREEMENT Land Surveyors and Mappers 3D Laser Scanning Utility Coordination Subsurface Utility Engineering SENT VIA: RAya/a@soulhmiamifl.gov Surveying Services for the project known as "Twin Lakes" located in, City of South Miami, FL. see attached Exhibit "A". Dear Mr. Ayala: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (He) is pleased to submit the following proposal for your consideration: Scope of Services: See attached Scope of Service Deliverables: Five signed and sealed copies of the resulting Map of Boundary and Topographic Survey along with the resulting Cadd files (DWG format) and PDF. Time of Completion: We have estimated thirty calendar days to complete this project Prolect area. length, Size and location: See attached Exhibit "A" Schedule of Fees: Total fees to complete all phases of this project shall be lump sum of $16.500.00 Year 2014 hourly Rates (loaded hourly rates): Surveying Services Rates Two Person Survey Party Three Person Survey Party Office Computer Drafter Office Survey Technician Professional Surveyor in charge (Project Surveyor) Subsurface Utility Engineering Rates EM Locating Crew Two Man GPR and Locating Crew Vacuum Truck Crew (Test Holes I Soft Digs) $110.00 per Hour $130.00 per Hour $55.00 per Hour $60.00 per Hour $100.00 per Hour $170.00 per Hour $200.00 per Hour $320.00 per Test Hole HADONNE 11985 NW 88th Court· Suite 202· Dora/' FL. 331721 P; +1 (305) 266-1188· F: +1 (305) 207-68451 www.hadonne.comILB7097 Qualifications: PAGE20F2 TLSP.DOCX County and I or Municipality Fees are not inciuded in this Proposal and are the Client's responsibility. Rule of Law: All field and office efforts in connection with this project will be performed in strict accordance with the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J17-05 Florida Administrative Code. Requests for service not specifically enumerated in this Proposal will be addressed via separate response if so required and an additional charge will apply per HC's hourly rates for calendar year 2014, which are set forth in the "Estimate Fee" section of this Proposal. All survey work to be done in U.S. feet, elevations to be reference to National Geodetic Vertical Datum of 1929 (NGVD 1929) should a different Datum be required, the consultant must be notified in writing. Our ability to perform is and will be completely influenced by the Client's ability to make the site available and to eliminate any and all conditions that may interfere with HC's ability to furnish services, and weather conditions. HC will require a 24 hour, prior written notice before field work can be performed. This notice should be sent via facsimile or email to HC. This Proposal does not include any permit fee nor plans proceSSing fees assessed by the applicable government agency. This Proposal does not include construction inspections or certifications for construction completion. Horizontal control points shall be referenced to the Florida State Plane Coordinate System, North American Datum of 1983 adjusted 1990 (NAD83/90). All work to be performed in U.S. feet. Client shall be aware that GPR Technology is not 100% accurate. Depending on factors such as and not limited to: soil type, soil moisture, size of underground utility, type of underground utility, depth of underground utilities; some utilities may not be detected by GPR. GPR will detect the presence of the utility but not the type. The client will do its best to identify the type of utility but it may occur that some detected utility remain unidentified. Area to be located with GPR should be clean without mayor vegetation, debris or any structure that may prevent the use of the equipment. Cleaning, removing of debris or vegetation is not included in this proposal. Payments Terms: Payment is due for HC's completion of each task UPON RECEIPT of HC's Invoices. It is understood that this Proposal is entered into between HC and the Client. HC's failure to strictly enforce any provision in this Proposal shall NOT be construed as a modification or amendment of the Proposal's terms, specifically these payment terms, unless otherwise agreed to in writing by HC. HC's receipt of this Proposal, signed by Client, constitutes Client's acceptance of these terms, and HC's Standard Terms and Conditions (collectively the "Contract"), which is attached and incorporated by reference as if fully set forth here. The Client's signature shall also constitute a notice for HC to proceed with its Scope of Services. In the event HC is required to enforce any terms of the Contract, Client agrees to pay to HC all reasonable attorneys' fees and costs incurred, whether suit is filed or not, including attorneys' fees on appeal. IPast due payments under this Proposal are subject to a 1.5% interest per month. For special consideration, the Client agrees that HC's liability for this Project, irrespective of the cause, shall be limited to the amount of the Professional Fees Client actually pays to Client. Both HC and the Client may terminate this Proposal after ten (10) days written notice, and upon Client's payment to HC of all outstanding fees and expenses incurred by HC through the date of such written notice. By signing below I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Date: (Authorized Signature) Title: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything we can do to be of service in this or any other matter, please do not hesitate to call me directly at 305.266.1188. HADONNE 11985 NW 88th Court· Suite 202 • Doral. FL. 33172 I P: +1 (305) 266-1188 • F: +1 (305) 207-6845 I www.hadonne.comILB7097 SCOPE OF SERVICE Twin Lakes Survey Scope August 21,2014 All survey work will adhere to and in accordance with the STATE OF FLORIDA MINIMUM TECHNICAL STANDARDS, Chapter 427.027 Florida Statutes and Rule 5J-17 Florida Administrative Code. Scope Items numbers listed refer to FDOT, District 6, Survey scope descriptions. Project Limits: • Area bounded by the streets below, as depicted in Exhibit A attached here-to: • SW 62nd Terrace and SW 63rd Terrace, from SW 64th Court to SW 63rd Court • SW 64th Court and SW 63rd Court, from SW 62nd Terrace to SW 64th Street • SW 63rd Avenue and SW 62nd Place, from SW 62nd Terrace to SW 64th Street • SW 62nd Court, from SW 62nd Terrace to SW 63rd Terrace. 27.01 & 27.02 Horizontal and Vertical Control Primary control points will be set and established. Horizontal Control will be established on the Florida State Plane Coordinate System, East Zone, and North American Datum (NAD) of 1983 / 1990 Adjustment. Vertical Control will be established on NAVD 88 vertical datum. Notes: -Control will be shown on Topo file only. -All set control points will be shown with their horizontal and vertical values (X, Y & Z). -The Preparation of PNC sheets is NOT a part of this scope of services. 27.03 Survey Baseline A survey baseline will be established along the centerline of right of way when accessible. Survey baseline and right of way lines will be graphically established and shown on Topographic Cadd files. 27.06 Topographic Survey Topographic Survey will be performed from right of way to right of way, along the streets defined above. All above ground features and Improvements will be located including: existing lIghting, pavement markings, trees, pedestrian ramps, driveways, visible above ground utilities, sodded and paved areas, pedestrian ramps, drainage structures (including rim/gutter elevations), etc. 27.08 Cross Sections Cross sections at 50-ft. intervals will be performed. 27.12 Drainage Survey Drainage structures will be located. The survey will identify the type of structure, rim elevation, pipe invert elevation, pipe materials, direction, size and condition. Note: In oases were struoture is full of water and/or sediment, surveyor will visit said struotures a maximum of 2 visits; if structures is still un-aocessible, said struoture will be noted as such in survey. 27.20 Subdivision Locations for Survey Baseline & right of way Lines Perform field locations of section corners, 1/4-section corners, and fractional corners as well as block closures, monument lines, etc., in order to establish survey baseline and the right of way lines. Deliverables • 3 CDs containing the following: o Electronic Cad files in AutoCAD Format, drawings to follow FOOT CAD format (line styles) o Signed and Sealed PDF file o Point txt file using PNEZD format • 3 Signed and Sealed hard copies (17 x 11). Civil Works, Inc. EXHIBIT "A" ® I HADONNE TWIN LAKES DRAINGE IMPROVEMENTS EXHIBIT B 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 IICITY" where applicable; and Civil Works, Inc. with an office and principal place of business located at 7855 NW 12 Street, Doral, FL 33126 (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: • SW 62 nd Terrace and SW 63 rd Terrace, from SW 64th Court to SW 63 rd Court • SW 64th Court and SW 63 rd Court, from SW 62 nd Terrace to SW 64th Street • SW 63 rd Avenue and SW 62 nd Place, from SW 62 nd Terrace to SW 64th Street • SW 62 nd Court, from SW 62 nd Terrace to SW 63 rd Terrace. The elements of work shall include roadway analysis, topographic survey, signing and pavement markings, and drainage and geotechnical activities as required. All existing features, Le. 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 25, 2014 proposal for the project entitled "Twin Lakes Drainage 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. 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 ;¢J CONTRACTOR's proposal or quote Thomas F. Pepe 2014 7/1/14 Page -1-of 4 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 "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 x "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) ~ Scope of Services o Contractor's response to the City's Bid Documents t;i!( 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 -L(l=-.O=--__ 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 0~ ~t?-"\ 6) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 7) Compensation: The Contractor's compensation for the performance of this contract (hereinafter referred to as the Contract Price) shall be as set forth in Contractor's response to Thomas F. Pepe 2014 7/1/14 Page -2 -of 4 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 170 ):::,""'1 s until it expires xxxxxxxxxxxxxxxxxxxxx ~ unless earlier terminated according to any of the terms of this Agreement. Notwithstanding the foregoing, this Agreement may be extended by an additional?::,D 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 $ !l-....l/f\-dollars per day until the Work is completed. 14) Jury Trial Waiver: The parties waive their right to jury trial. 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 Thomas F. Pepc 2014 7/1/14 Page -3 -of 4 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. ATTESTED: 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 Civil Works, 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 August ,2013. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea 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!l·AmetleaClly '~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" RJ. 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. • RJ. 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 -CD Listed conSUltant hourly billing rates FDOT Consultant wage average report Resolution 120-13-13938 Sunbiz " I, PROFESSIONAL SERVICE AGREEMENT General UVk L Services THIS AGREEMENT made and entered into this &. day of ~ 2013 by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida and CIVIL WORKS, INC authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the CITY OF SOUTH IAMI, rough its City Manager, ag rees to employ the CONSULTANT for a period ending on V. () I~ and the CONSULTANT agrees to be available, continuing basis, to perform professional services in connection with project(s) where the basic estimated construction costs of each individual project does not exceed $2,000,000.00 or where 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 by other professional consultants or for other miscellaneous engineering services that may be required. 1.2 A Notice to Proceed will be issued on an as needed basis at the sole discretion of the City 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. Page 1 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 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. 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 2.1 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 . builciingandfacilities. 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, present reports and recommendations to stakeholders and preparation of final traffic engineering report. Page 2 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) F. Architectural Services to provide drawings and specifications for new constructions as well as additions and renovations; attend meetings with City staff and presentations to City Commission; provide plans developed on AutoCAD latest version and copies of reproducible 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 3 of 39 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 bYI 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 I in the CONSULTANT'S opinionl 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 othelWise), Schematic Design Studies (unless advised otherwise) as defined pel()l/Vc andtheStatE;ment ()fprobabl~Collstruction<:ost .. 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. A simple perspective sketch, rendering, model or photograph thereof may be provided to further show the design concept. Page 4 of 39 Professional SeNice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) iI; G. The CONSULTANT 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 CONSULTANT shall present the schematic design studies to all the appropriate utility companies (such as FPL, Southern Bell, Dynamic Cable, MDWASA, etc.) for any conflict with their utilities. I. 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 entire Project as to construction and finish materials and other items incidental thereto as may be appropriate and applicable. B. The Design Development Documents shall comprise the Proposed Project Timetable (updated), Outline Specifications, Updated Statement of Probable Construction Cost and Design Development Drawings, etc., as required to clearly delineate the Project. If the Updated Statement of Probable Construction Cost exceeds the allocated funds, feasible cost or scope reduction options shall be included. C. The CONSULTANT shall submit and present two (2) sets of all documents required under this Phase, without additional charge, for approval by the CITY and not proceed with the next Phase until directed by the CITY 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 Page 5 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 2.2.3 Phase ill -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 (liD" size), on the CITY's standard sheet format, unless approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: 1. 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 develqpment. of the . drawings h;:ts progressed to atle(3stSO%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. Aset 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 Page 6 of 39 Professional SeNice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) t, 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 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 CONSULTANT shall modify, at no additional cost to CITY, in order to acquire the necessary permits. Page 7 of 39 Professional Service AGREEMENT . Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 2.2.4 Phase N -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: 1. Approve the increase in Project Cost and award a construction contract or, 2. reject all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project,or 5. Exercise all options under the City Charter and State law. NOTE: Under item (2) 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. Page 8 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 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 AGREEMENT and defined by the Scope of WORK issued for the individual project. On the basis of the on-site observations, the CONSULTANT will advise the CITY as to the progress of and any observed defects and deficiencies in the WORK immediately in writing. F. The CONSULTANT shall furnish the CITY with a written report of all observations of the WORK made by him during each visit to the WORK. He shall also note the general status and progress of the WORK, and shall submit same in a timely manner. The CONSULTANT shall ascertain at least monthly that the Contractor is making timely, accurate, and complete notations on record drawings. G. Based on observations at the site and on the Contractor's Payment Certificate, the CONSULTANT shall determine the amount due the Contractor on account and he 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: 1. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page 9 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 2. The results of any subsequent tests required by the Contract Documents. 3. Minor deviations from the Contract Documents correctable prior to completion and acceptance of the project. H. The CONSULTANT shall have an affirmative duty to recommend rejection 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. 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 ContractoralLwarranties, 9uarantees,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, 1) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems, and, 3) final clean-up of the project. M. The CONSULTANT shall provide the contractor with three sets of drawings labeled "Construction Plans" for permit from Public Works. Page 10 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 the CITY. C. The CONSULTANT shall assist in the inspection of the WORK one month before the expiration of any guarantee period or the sixth month whichever is earlier and report any defective WORK in the Project under terms of the 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 (1/2 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • 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 Page 11 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 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. Page 12 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) .. A reasonable extension of time will be granted in the event there is a delay on the part of the cm 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 cm 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 cm 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 cm 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 cm and the CONSULTANT: Hourly rate fee: The cm agrees to pay, and the CONSULTANT agrees to accept, for the se.rvices rendered pursuant to this AGREEMENT, fees in accordance with the following: Category Hourly Rate Principal $160.00 Project Manager $160.00 Senior Engineer $130.00 Engineer Intern $115.00 Construction Manager $115.00 Construction Inspection $ 95.00 Senior Draftsman/Technical/CADD Operator $ 80.00 Draftsmen $ 70.00 Data Processing / Clerical $ 50.00 Hourly rates will include all wages, benefits, overhead and profit. See Exhibit 3 for Subconsultant Hourly Rates. Page 13 of 38 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 5.0 Payment and Partial Payments .The CITY will make monthly payments or partial payments 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 shalt 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 invokes submitted shall be the amount due for all WORK performed to date, as certified by the CONSULTANT. The request for payment shall include the following information: • Project Name and CONSULTANT's Name. • Total Contract amount (CONSULTANT's 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. • CONSULTANT's 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 AI! 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 Page 14 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) arbitraryor 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 15 of 39 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 receip~ of written authorization from the CIlY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITV 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 CIlY. 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 CIlY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one 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. Page 16 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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. 13.0 Termination of AGREEMENT It is expressly understood and agreed that the cm may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CnY'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 cm 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 (rev 6/27/13) This AGREEMENT is for a time period of three (3) years, commencing upon approval and execution of AGREEMENT. This AGREEMENT shall 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 (rev 6/27/13) This AGREEMENT may be renewed, at the sole discretion of the CITY, for an additional period not to exceed a total contract period, including renewals, of one (1) year. 16.0 Default In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify him in writing. In such event, the CONSULTANT will only be compensated 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. Page 17 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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. 18.0 AGREEMENT Not Exclusive 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) pursuant 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 Drug Free Workplace CONSULTANT shall comply with -the Drug Free Workplace policy set.forth-inattachrnent # two - which is made a part of this AGREEMENT 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 services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and Cityl which may be applicable to the service being provided. 24.0 Licenses and Certifications Page 18 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13 1 GM 6-18-13) 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 writing and signed by both parties hereto, and approved by the City Commissioner if required by municipal ordinance or charter. 26.0 Jury 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, Page 19 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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. 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 beeomeeffectiveand 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 Page 20 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 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 be in default of its failure to perform its obligations under this AGREEMENT if 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: ToCIlY: City Manager, S1-e"en ,4J~ANi>e"t1- 6130 Sunset Dr. South Miami, FL 33143 Fax: 3D(5'· lPb"3-G:sll-S- ". E-mail: 5N.e'A~oen.& SotTthrYIl.ArYl\ f 1 .. ·1oli' With copies by U.S. mail to: To CONSULTANT: Professional Service AGREEMENT City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Civil Works, Inc. 7855 NW 12 Street, Suite 202 Doral, FL 33126 Fax: 305-591-4074 E-mail: Ibell@civilworks.com Page 21 of 39 Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set forth herein. WITNESSES CON~ULTAN~T Ci:iIW;/0: Signature' _----____. ...._=:-_ Nam. inda Bell, P.E. ---" Title: President ~ . ___ OWNER: OTY ~TH MIAMI signat~ ~~~~~~~~~~~~~ even exander . Manager Page 22 of 39 Professional SeNice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Attachment A Insurance and Indemnification Page 23 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Insurance and Indemnification 1. 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 Contractt insurance of the types and in the minimum amounts stated below as will protect the proposing firm t 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 Auditst whether such execution by the firm or by any sub-consultantt 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 damagest €laims, liabilitYt and losses and causes of actions of any kind or nature arising out of a negligent errort omission, or act of the CONSULTANT t its agentst representativest employeest Sub-Contractort or assignst to the extent of any 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 CITyt s attorneyts fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent errort omission, or act of the CONSULTANTt its agents, representatives, employeest Sub- Contractor, or assignst 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 CONSULTANTt its agents, representativest employees,Sub:-:Contractorstsub:-:contractors,or assIgns .. In reviewing t 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 amount of $l,OOOtOOO with deductible per claim if anYt 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, representativest 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 25t 2012 after completion of the construction and acceptance of any Project covered by this AGREEMENT. However, the CONSULTANT Page 24 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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; 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 shall contain waiver of SUbrogation against the CITY where applicable, shall 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-8 (A-VITI) 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"Bind~ 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, Page 25 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 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 26 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Exhibit 2 IIAffidavits and Forms" (Respondents must complete and submit with their proposal.) Page 27 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1. Respondent'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 might 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. S. 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 28 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, 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, Subcontractor, 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 PUBUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of South Miami by Linda M. Bell, P.E.! President [print individuaL's name and title] for Civil Works, Inc [print name of the public entity] [print name of entity submitting sworn statement] whose business address is 7855 N.W. 12 Street, Suite 202 Dora!' FL 33126 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0673629 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:::::-::"---'" ) ......... 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(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 Page 29 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 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 among 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-servicesledbyapublicentity;- 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.] L 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the Page 30 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 determined 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 PUBUC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY, AND THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC 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. ~~ .f/-1 I. [signature] Sworn to and subscribed before me this£ day of, f6-J'1 I("4' l 20(3 ~ersonally known or __ Produced identification (Type of identification) Notary Public -State of ___ _ tl (fW1..t-,?--- MY~0;Z;iss.on eX:Ei (Printed, typed or stamped commissioned name of notary p Ii c) Page 31 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ". 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: 1. 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 convictio·n ot 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 laterthanfive-(S} 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: Professional Service AGREEMENT Page 32 of 9 Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Print Name: Linda M. Bell. P.E. Date: 06/27/2013 Page 33 of 39 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 ~day of----=-J=un'-'-'e"---__ -',20~ 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: Linda M. Bell, P.E. , Miami, FL ! Civil Works, Inc. Vaughn Soares, P.E. , Miami. FL I Civil Works, Inc Jose Aldir, P.E. , Miami. FL I Civil Works, Inc. The CONSULTANT further certifies that this response/submission complies with section 4(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: Linda M. Bell P.E. Title: ---'P'-'r-"'e=si=d=en'-!..t"--___ _ Telephone: 305-591-4323 Company Name: Civil Works, Inc. Page 34 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade fL .~ The foregoing instrument was acknowledged before me this ~ day of \..1 Vt-L-i .2013 by _-=L!.!..in!-"d""a'-!M-,-,-,-o -"'B-"'-e!!.lll,'-'P....:..""E.~ ____ (name of person whose signature is being notarized) who is SEAL VAUGHN SOARES ",'1111'1, ","~p..~Y Pvtl" ~~o * ~~i""'l-Notary Public -State of Florida ~. : : .§ My Comm. Expires Sep 19. 2014 ~~> '-"-~""/ Commission # EE 27068 '"Il OF f\..U;'" "",",,,, Bonded Through National Notary Assn Page 35 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ~ersonally known or __ Personal identification -------Type of Identification Produced Did take an~a or .,.k)Di Not ake an atho 'l./ 67JA...:¥ (Name of otary Public: Print, Stamp or type as commissioned.) ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, Civil Works, Inc , (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): Manuel G. Vera & Associates, Inc. Geosol, Inc. to comply with such act or regulation. CONTRACTOR Civil Works I BY: Linda M. Bell, P.E. Name President Title Professional Service AGREEMENT Page 36 of 39 Tpepe©12~31-12 (Revised SK 4-3-13, GM 6-18-13) V43ar~ . Witness . ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" ~L=in,-"d=a,,---M,-,-,-,--. =Be=I,",-I...:...P.:.=.E=-. ____ -', individually and on behalf of Civil Works, Inc. ("Firm") [Name of Representative) [Company/Vendor/Entity) have read the City of South Miami (CITY)'s Code of Ethics, Section 8A-l 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: 1. Neither I nor the Firm have any conflict of interest (as defined in section 8A-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 8A-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 (i.e., 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: ____ ~ _____ ~ ____________ (use a separate sheet to supply additional information that will notfit 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). Page 37 of 39 Professional Service AGREEM ENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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. 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 has a financial interest greater than 5% in that Other Firm, nor any member of those persons' -immediate family-----. (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "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 greater 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, I and the Firm have an obligation to supplement this Verification Form with the name of all Page 38 of 39 Professional SeNice AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) 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 arid 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 kn dge, information and belief. Signature: Print Name & Title: Linda M. Bell, P.E. .... Date: 06/27/2013 ATTACHED: Sec. 8A-1-Conflict of interest and code of ethics ordinance. Page 39 of 39 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Exhibit 3 IIS ubconsultant Hourly Rates ll Geoso" Inc., Geotechnical Engineering Category Hourly Rate Principal $161.36 Project Manager $161.36 Senior Engineer $161.36 Engineer $121.21 Construction Manager n/a Construction Inspection $ 81.11 Senior Draftsman/Technical/CADD Operator $ 75.75 Draftsmen $ 75.75 Data Processing / Clerical $ 58.84 Hourly rates will include all wages, benefits, overhead and profit. Manuel G. Vera & Associates, Inc. Surveying and Mapping Category Principal SeniQrSurveyorand .. MappeI Surveyor and Mapper Survey Intern Cadd / Computer Technician Party Chief Survey Technician Instrument Man Rod Man/Chain Man Data Processing / Clerical Four Man Crew Three Man Crew Two Man Crew Hourly Rate $198.29 ...... $198.29. $144.70 $123.26 $ 87.09 $ 51.99 $46.89 $ 36.18 $ 30.71 $ 44.88 $1326.24 (per day) $1056.08 (per day) $785.92 (per day) Hourly rates will include a" wages, benefits, overhead and profit. Page 1 of 1 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13)