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2~ South rMiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: The Honorable Mayor & Members ofthe City Commission Steven Alexander, City Manager September 15, 2015 Agenda Item NO.:~ SUBJECT: A Resolution authorizing the City Manager to pay SRS Engineering, Inc. to complete engineering documents for a Citywide Sanitary Sewer Master Plan. BACKGROUND: A proposal was requested for the preparation of a sanitary sewer master plan for the City of South Miami. The purpose of the Master Plan is to identify areas within the City that are currently not serviced by a public sanitary sewer system, to gather information on existing sewer systems, and to develop a conceptual master plan including a layout of proposed sewer systems, the cost of recommended projects, and estimated costs to City's property owners. The Master Plan shall consist of a written report with exhibits, which will also establish a priority for projects with a rational of environmental considerations including raising water tables. AMOUNT: ACCOUNT: SRS Engineering, Inc. has submitted a proposal in the amount of $98,845 to develop site development plans. A contingency in the amount of $15,000 will be included over the proposal amount to address for unknown factors that may arise during the work and for permitting fees. In accordance with and pursuant to Florida Statute 287.055 for CCNA, SRS Engineering, Inc. was one of the firms selected to provide professional engineering services. The City negotiated hourly rates with the firm and entered into a professional service agreement with SRS Engineering, Inc. to perform engineering services for the City. Amount not to exceed $113,845 The expenditure shall be charged $113,845 to the General Obligation Bond account number 114-4010-541-3450, which has a balance of $261,274 before this request was made. AnACHMENTS: Resolution Proposal Professional Service Agreement CCNA Consultant Project List 1 RESOLUTION NO.: _____ _ 2 3 A Resolution authorizing the City Manager to pay SRS Engineering, Inc. to complete 4 engineering documents for a Citywide Sanitary Sewer Master Plan. 5 6 WHEREAS, the Mayor and City Commission wish to continue to provide bus shelters at 7 bus stops throughout the City and 8 9 WHEREAS, the City desires to hire a consultant to complete professional engineering 10 documents for the City; and 11 12 WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the 13 City Manager has negotiated an agreement with SRS Engineering, Inc. who was one of five (5) 14 consultants previously selected to perform professional services for the City and who was next 15 in the rotation for selection. 16 17 WHEREAS, the City Manager has negotiated the price for the services to be rendered 18 which does not exceed the sum of $98,845. 19 20 WHEREAS, the City desires to provide a contingency of $15,000 over the proposal 21 amount for unknown factors that may arise during the work and for permitting fees; and 22 23 WHEREAS, the total expenditure is not to exceed $113,845; and 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA THAT: 28 29 30 Section 1: The City Manager is authorized pay SRS Engineering, Inc., for an amount not 31 to exceed $98,845 in accordance with the form of Professional Service Agreement that was 32 approved by the City Commission by resolution 151·13·13969 to complete engineering 33 documents for a Citywide Sanitary Sewer Master. The City Manager is authorized to expend an 34 additional $15,000 over the proposal amount for unknown factors. 35 36 Section 2: The expenditure shall be charged to the General Obligation Bond account 37 number 114·4010·541·3450, which has a balance of $261,274 before this request was made. 38 39 Section 3: If any section clause, sentence, or phrase of this resolution is for any reason 40 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 41 the validity of the remaining portions of this resolution. 42 43 44 Section 4: This resolution shall become effective immediately upon adoption. 45 46 47 48 49 PASSED AND ADOPTED this ___ day of _____ ---J' 2015. 50 51 52 53 54 55 56 57 58 59 60 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF 61 CITY ATTORNEY 62 63 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Edmond Commissioner Liebman Commissioner Welsh RESOLUTION NO.: 186-13-14004 A Resolution authorizing the City Manager to execute a Professional Service Agreement (lrovidedl!l!der Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", wlth[Mliian, Swain .8Iiii) ~ssoc.lates,JiiC), Indigo Service Corporation, O'Leary Richards Design Associates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design Studio, Inc., REE Consulting, LLC. dba G. Batista and Associates 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 2B7.055 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; Milian, Swain and Associates. Inc.. Indigo Service Corporation, O'Leary Richards Design AssOCiates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design Studio, Inc., REE Consulting, LLC. dba G. Batista and AssOCiates; 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 r.ates in accordance with the procedure set forth in Florida Statute 287.055 (Consultanfs Competitive Negotiation Act) Milian, Swain and Associates, Inc., Indigo Service Corporation, O'Leary Richards Design Associates, Inc., Rosenberg Design Group, Inc., Curtis and Rogers Design StudiO, Inc., REE Consulting, LLC.dba G. Batista and Associates. A resolution shall be presented to the Commission for approval of each project to be awarded in the future to a selected firms. 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 3rd day of September , 2013. APPR. OVED .. : C I /./1'. . /1 . /lI);J?j~<>W-J MAydR COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman Yea' Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea September 9, 2015 (Revised) Mr. Ricardo A. Ayala, P.E. City of South Miami Capital Improvement Project Manager Public Works and Engineering Department 4795 SW 75 Avenue Miami, FL 33155 Re: City of South Miami Sanitary Sewer Master Plan Dear Mr. Ayala, We appreciate this opportunity to prepare this Proposal for Professional Services for the referenced project. In accordance with our Agreement for General Engineering Services, we are submitting our understanding of the Scope of Work and Fee Proposal to provide Professional Consulting Engineering Services in connection with the referenced project. The Scope of Work as we understand it at the present time will consist of the preparation of a sanitary sewer master plan for the City of South Miami. The propose of the Master Plan to identify areas currently not serviced by a public sanitary sewer system, gather information on existing sewer systems, and develop conceptual master plan including layout of proposed sewer systems, cost of projects, and estimated costs to City's property owners. The Master Plan shall consist of a written report with exhibits including drawings showing City Map, Subarea Sewer Systems, and cost breakdown tables. The Master Plan shall also establish a priority for projects with a rationale of environmental considerations including raising ground water tables. This work will include the following: • General Project management including attending meetings with City of South Miami staff to establish project guidelines and requirements, attending meetings with MDWASD to discuss project and obtain information. • Gather all available data concerning the project area and associated design requirements. This task includes conducting a site visits and reviewing existing available utility records to identify existing systems and conditions. Request updated MDWASD sewer atlas and as-build drawings. • Prepare base city plan/map showing city map with properties and existing sewer systems. • Prepare phased conceptual master plan including: • Assume 12 subarea master plans • Design conceptual layout plans (layout, limits, sizing) • Prepare Master Plan, subarea plans, and drawings • Determine if sewer pump stations and force mains are needed and design conceptual layouts. • Schedule and attend meeting with City to submit and review Master Plan layout plans and conceptual designs. • Incorporate City's comments & finalize Master Plan conceptual layout plans. • Prepare project cost estimates; • Calculate quantities • Prepare project construction cost estimates September 9, 2015 Page 2 • Prepare estimates of typical costs per property owner (MDWASD connection charges, permits, new private plumbing, and abandoning of septic tanks). • Prepare total cost estimates spreadsheets • Sched ule and attend meeting with City to submtt and review Master Plan cost estimates • Incorporate City's comments and finalize Master Plan cost estimates and tables. • Follow up meetings with City and MDWASD to present current Master Plan Layout, points of connections, fees and cost, MDWASD agreement, etc. • Prepare written Master Plan Report including: • Introduction, brief summary of project. • Brief description of each subarea including type of system, cost and properties served • Master plan over-all plan (1) • Enlarged subarea maps (12) • Typical sewer details • Typical roadway restoration details • Typical pump station details • Cost estimates breakdown tables • Schedule and attend meeting with City to submit and review Master Plan Report • Incorporate City's comments and finalize Master Plan Report Schedule The following is our estimated project schedule based on obtaining a Notice to Proceed (NTP) on or about September 28th , 2015. Estimated Pro'ect Schedule Task Duration Begin End Issuance of Notice to Proceed (NTP) 6 weeks 8/17/15 9/28/15 Preparation of Master Plan (Conceptual Layouts) 8 weeks 9/28/15 11/23/15 Review by City and Respond to Comments 1 week 11/23/15 11/30/15 Preparation of Cost Estimates 4 weeks 11/30/15 12/28/15 Review by City and Respond to Comments 1 week 12/28/15 114/16 Preparation of Written Master Plan Report 1 week 1/4/16 1/11/16 Review by City and Respond to Comments 1 week 1/11/16 1/18/16 Compensation Our Engineering Fees for the above described Basic Services will be a lump sum amount of NINETY·EIGHT THOUSAND EIGHT·HUNDRED and FORTY·FIVE DOLLARS ($98,845.00). Please see enclosed fee breakdown for additional information. It does not include plan review or permitting fees. Payment will be based on monthly invoicing as a percentage of completion of work. We would expect to commence our services promptly after receipt of your acceptance of this proposal and approval of the purchase order. September 9, 2015 Page 3 This Proposal and our Standard Agreement with the City represents the entire understanding between the City of South Miami and SRS Engineering, Inc. in respect to the Project and may only be modified in writing when signed by both of us. If the foregoing is agreeable to you, please execute the original of this Agreement where indicated below and return to our office. Very truly ~~ erralta,:!f~ Presid nt I have read the foregoing Letter of Agreement and agree to all terms and conditions stated therein. Accepted this ___ day of, ______ " 2015 City of South Miami By: __________ _ Title: __________ _ ACTIVITIES BY SRS (Salaries) ACTIVITIES BY OTHERS ENGINEERING COST BREAKDOWN City of South Miami Sanitary Sewer Master Plan SUMMARY $98,745 x~ Estimated OUT OF POCKET EXPENSES including reproduction costs, etc. DATE: 8117/2015 $98,745.00 $0.00 $100.00 TOTAL THIS PROPOSAL =tin'i·'~ijK:8l\l!:I1i:~; PROFESSIONAL SERVICE AGREEMENT General Civil and Structural Engineering Services THIS AGREEMENT made and entered into this ~ day of J (}tJ~ ,20 \?> by and between the CITY OF SOUTH MIAMI, a political subdivision of the State of Florida and SRS Engineering, 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 SO~ MIAMI, thrih its City Manager, agrees to employ the CONSULTANT for a period ending on <.t 20 I , and the CONSULTANT agrees to be available, continuing basis, to perform professibnal 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 \nay be publicly solicited by the City of South Miami outside of this AGREEMENT. 1.3 The CITY will confer with.the CONSULTANT before any Notice to Proceed is issued to discuss the scope of the work; the time needed to complete the WORK and the fee for the services to be rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior to the issuance of a Notice to Proceed. No payment will be made for the CONSULTANT'S time and services in connection . with the preparation of any proposal. 1.5 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after each Notice to Proceed. 1.6 The CONSULTANT agrees to produce and distribute minutes, promptly after each meeting at which the CONSULTANT'S presence is required. Page 1 of31 Professional Service AGREEMENT . Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 1.7 The CITY may designate.a representative who, on behalf of the City Manager shall examine the documents submitted by the CONSULTANT and shall render decisions promptly, to avoid unreasonable delay in the progress of the CONSULTANT'S services. The CONSULTANT shall keep the CITY'S representative advised on the project status at all times. 1.8 The CITY agrees to issue all directives and approval in writing. 2.0 Professional Services 2.1 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 building and facilities. c. . Civil Engineering, to include Distribution Systems Improvement / Analysis and design and Sanitary Sewer System Evaluation and design. D. Environmental Engineering, including, site investigation and design needed to prepare reme9iation 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. . ·-r .... ··Architectlii"arServici~t6pf"6tiif~ crrawings·aiiif$ecif,~'atloiis lor·newi::onstr~ctrons as-- well as additions and renovations; attend meetings with City staff and presentations to City Commission; provide plans develop6d onAutoCAD 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. Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ~age2of31 •. • • 2.2 Design & Construction -Basic Services The Basic Services, for design and construction, consist of six (6) phases described in Paragraph 2.2.1 through 2.2.6. The scope outlined below is applicable in its entirety to projects for which completed Basic Services are authorized. Upon authorization to proceed from the CITY, the CONSULTANT agrees to provide complete professional services for any portion or all of the six Phases outlined below applicable to its profession. The CONSULTANT agrees to co-ordinate its effort with that of any other providers of professional services to assure a coordinated and complete WORK. In a multi-professionally consulted project, the lead CONSULTANT, as designated by the CITY, shall prepare the final bid package including bid documents and specifications, which shall be prepared by, and be the responsibility of the respective disciplines. 2.2.1 Phase I-Preliminary and Schematic Design: A. The CONSULTANT shall confer with representatives of the CITY and the end user to cjetermine the full scope of the Project that will meet the program reqUirements, and shall advise the CITY if, in the CONSULTANTS opinion, the allocated funds are adequate to accomplish the program requirements, as defined by an individual purchase order for the specific work to be performed. B. The CONSULTANT shall use proper and adequate design control to assure the CITY that the program requirements will be met. C. The CONSULTANT shall prepare a Design Concept and Schematic Report, comprising of the Project TImetable (Master Schedule), Planning Summary (unless advised otherwise), Schematic Design Studies (unless advised otherwise) as defined below, and the Statement of Probable Construction Cost. D. The Proposed Project Timetable shall consist of a schedule sh'owing 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. 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. Professional Service AGREEMENT Tpepe©12-31-r2 (Revised SK 4-3-13, GM 6-18-13) Page 3 00 I 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 tM/O (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 tM/O (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'" will not be issued if the latest statement of Probable-Construction Cost exceeds the total allocated funds. 2.2.3 Phase III -Final Design I Construction Documents Development: A. From the approved Design Development Documents, the CONSULTANT shall prepare Final Construction Documents setting forth in detail the requirements for the construction of the Project including the Proposal (Bid) Form and other-necessary information for bidders, Conditions of the Contract, and Complete Drawings and Specifications. The CONSULTANT shall use Construction Specifications Institute (CSI) Standards and the City of South Miami Standard forms for the preparation of the proposal (bid) forms, Instructions to Bidders, conditions of Contract and Specifications. The CONSULTANT shall review all existing City Specifications, for completeness prior to use and shall supply all needed additional specifications. The final draft of the construction documents shall meet the requirements of and be approved by the City Attorney. B. The Construction Documents shall be prepared in a manner that will assure clarity of line work, notes, and dimensions when the documents are reduced to 50% of their size. All drawings shall be on 24" x 36" paper ("D" size), on the CITY's standard sheet format, unless Page4of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) • • • • approved otherwise. C. All construction documents shall be submitted in both "hard copy" and electronic media in a mutually agreed upon electronic format, but generally as follows: I. Non-drawing submittals in Microsoft Office Word format. 2. Drawings in AutoCAD format. 3. GIS files should be in ArcView format Version 3.2. D. When the development of the drawings has progressed to at least 50% completion in Phase III, the CONSULTANT shall submit two (2) copies to the CITY for approval, without additional charge, along with updated outline specifications. The CONSULTANT shall also' submit at this time an updated Statement of Probable Construction cost as indicated by time factor, changes in requirements, or general market conditions and an updated Project Schedule. E. The CONSULTANT shall not proceed with the further development until approval of the documents is received from the CITY in writing. The CONSULTANT shall make all changes to documents required by. the CITY before proceeding fu·rther. A set of the' revised documents shall be returned to the CITY after incorporating all of the changes, if any. ' F. A Notice to Proceed for the completion of Phase III will not be issued if the latest Statement of Probable' Construction Cost exceeds the total allocated funds, unless the CITY increases the total 'allocated funds or the CONSULTANT and the CITY agrees on methods of cost reductions sufficient to enable construction within the project budget. G. Upon 100% completion of the Construction Documents, the CONSULTANT shall submit to the CITY a final, updated Statement of Probable Construction Cost along with two (2) copies ' each of the final draft of all drawings, specifications, reports, programs, etc., without additional charge, for a final review and comments or approvals. H. The CONSULTANT shall make all the necessary presentations to the appropriate CITY Boards which would be normally required of any construction project (such as Environmental Review Board, Historical Preservation Board etc.) for the final approval. I. The CONSULTANT at no extra cost to the CITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H) if the' changes or additions do not alter the scope of the project as determined under paragraph 2.2.1 A. The 100% complete final Construction Documents shall be returned to the CITY for final approval. Upon final approval by the CITY, the CONSULTANT shall furnish, to the CITY drawings and specifications, without additional charge to the CITY for bidding purposes, unless instructed otherwise. J. The CONSULTANT shall arrange for "dry runs" andlor 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. Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) Page 5 of31 2.2.4 Phase IV -Bidding and Negotiation Phase: A. Upon obtaining all necessary approvals of the Construction Documents, and approval by the CITY of the latest Statement of Probable Construction Cost, the CONSULTANT shall furnish the draWings and specifications as indicated above for bidding. and assist the CITY in obtaining bids as well as awarding and preparing construction contracts. The CONSULTANT shall attend all pre-bid conferences: The CONSULTANT shall be present during the bid opening and as part of its assistance to the CITY will tally, evaluate and issue a recommendation to the CITY after verifying bond, insurance documents, questionnaire and reference submitted by the constructor. B. The CONSULTANT shall ·issue Addenda to the Construction Documents through the C·ITY as appropriate to clarify, correct or change Bid Documents. c.. If Pre-Qualification of bidders is required as set forth in the Request for Qualification, the CONSULTANT shall assist City in developing qualification criteria, review qualifications of prospective bidders, and recommend acceptance or rejection of the prospective bidders. D. If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: I . Approve the increase in Project Cost and award a construction contract or, 2. reject.all bids and rebid the Project within a reasonable time with no change in the Project, or 3. Direct the CONSULTANT to revise the Project scope or quality, or both, as approved by the CITY and rebid the Project, or 4. Suspend or abandon the Project, or S. 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 ProbableCQnstructionCost .within the Total Allocated Funds when the . ... lowest responsible·bid·TsoverIS~ror i:neCON!''-ULfANT· estimate ..... Altron-struction-contracts must be approved by the City Commission after the City awards the contract for commission approval. . E. For the purpose of payment to the CONSULTANT, the Bidding Phase will terminate and the services of the CONSULTANT will be considered complete upon signing of an AGREEMENT with a Contractor. Rejection of bids by the CITY does not constitute cancellation of the project. 2.2.5 Phase V -General Administration of the Construction Contract: A. The Construction Phase will begin with the City Commission approval of the award of the Construction Contract and will end when the Contractor's final Payment Certificate is approved and paid by the CITY. B. The CONSULTANT, as the representative of the CITY during the Construction Phase, shall advise and consult with the CITY and shall have authority to act on behalf of the CITY Page 6 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • c. • • • to the extent provided in the· General Conditions and as modified in the Supplementary Conditions of the Construction Contract. 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: I. An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. 2. The results of any subsequent tests required by the Contract 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. Page 70f31 Professional Servi.ce AGREEMENT Tpepe©12-31 -12 (Revised SK 4-3-13. GM 6-18-13) J. The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others, and initiate proposed change. orders as required bi 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 C6ntractor. He shall obtain. from the Contractor all warranties, guarantees, operating and maintenance manuals for equipment, releases of lien and such other documents and certificates as may be required by applicable codes, laws, policy regulations, the specifications and the other Contract Documents and deliver them to the CITY. L. The CONSULTANT shall provide assistance in obtaining Contractor's compliance with the Contract Documents relative to, I) initial instruction of CITY personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing. adjusting and balancing of equipment and systems. and. 3) final clean-up of the project. . M. The CONSULTANT shall provide the contractor with .three sets of drawings labeled "Construction Plans" for permit from Public Works. 2.2.6 Phase VI -Post Construction Administration . A. The CONSULTANT shall peepare 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 (112 size) • Test Results • Daily construction inspection reports • Progress meeting minutes • Approved shop drawings • Warranty manuals as applicable Page8of31 Professional Service AGREEMENT T pepe© 12·31·12 (ReVised SK 4-3-13. GM 6· 18· 13) • • • to be beyond the control of the CONSULTANT. 3.0 Time for Completion The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the. execution of this AGREEMENT and shall be completed within the time based on reasonable determination. stated in the said Notice to Proceed. A reasonable extension of time yvill be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation The CONSULTANT agrees to negotiate a "not to exceed" fee or a fixed sum fee for each of the WORK assigned to him based on the Scope of such WORK. Upon AGREEMENT of a fee. the CITY will issue a written authorization to proceed to the CONSULTANT. In case of emergency. the CITY reserves the right to issue oral authorization to the CONSULTANT. with the understanding that written· confirmation will follow immediately thereafter as possible. For reproduction of plans and specifications. beyond the requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Project shall be determined by one of the following methods or a combination thereof. as mutually agreed upon by the CITY and the CONSULTANT. A fixed sum: The fee for a task or a scope of work may be a fixed sumas mutually agreed upon by the CITY and the CONSULTANT: Hourly rate fee: The CITY agrees to pay. and the CONSULTANT agrees to accept. for the services rendered pursuant to this AGREEMENT. fees in accordance with the following: Category Principal Senior Project Manager Project Manager Senior Structural Engineer Senior Civil Engineer Engineer Construction Manager Construction Inspection Designerrr echnician Senior CADD Operator CADD Operator Data Processing I Clerical Hourly rates will include all wages. benefits. overhead and profit. Page IOof31 Professional Service AGR.EEMENT Tpepe©12-31-12 (R.evised SK4-3-13. GM 6-18-13) Hourly Rate $205.00 $150.00 $125.00 $125.00 $120.00 $95.00 $95.00 $72.00 $77.00 $70.00 $62.00 $48.00 5.0 Payment and Partial Payments The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month. For design and construction projects where fee for each phase is not speCified, such payment shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each phase: ° 15% upon completion and approval of Phase I. • 35% upon completion and approval of Phase II. • 55% upon submittal and approval of 50% complete drawings and outline specifications of Phase III. • 75% 90% 100% . upon 100% completion and approval of Phases III and IV. • upon completion of the Project and approval of all WORK Phase V). o upon final completion and approval of WORK elements A and B of Phase VI. The CONSULTANT shall submit an original invoice to the City's project representative for each payment certifying the percentage of the WORK completed by the CONSULTANT. The amount of the invoices submitted shall be the amoulit 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. .0 _ CONSULI~~:r:s,,-\fI/.9 _ _ __ Upon request by the CITY the CONSULTANT shall provide the CITY with certified payroll data for the WORK reflecting salaries and houri), rates. 6.0 Right of Decisions All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputE''' 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 represent<ttive's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is dearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the deCision of the City Manager. Nothing in this section shall mean to deny the right to arbitrate, by either party, in accordance with the appropriate Arbitration Rules of the American Arbitration Association. Page II ofll Professional Service AGREEMENT Tpepe©12·31·12 (Revised SK 4-3·13, GM 6·18-13) • • • 7.0 Ownership of Documents All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's -use and occupancy of the project. Reuse of these documents without written AGREEMENT from the CONSULTANT shall be the CITY'S sole risk and without liability and legal exposure to the CONSULTANT. When each individual section of the WORK under this AGREEMENT is complete all of the above applicable data shall be delivered to the CITY. - 8.0 Court Appearances. Conferences and Hearings Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CITY without additional compensation except for any dispute arising out of this contract unless the CONSULTANT or its employee is subpoenaed to testify as a fact witness. The amount of such compensation for expert preparation and testimony or consultation shall be mutually agreed upon and be subject to a supplemental AGREEMENT approved by the City Commissioners and upon receipt of written authorization from the CITY prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CITY at any time during construction of the improvement contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan therec,(to correct-such errors and omissions or clarify without added compensation. 9.0 Notices Any notices, reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received by the CITY. Any notices, reports or other communications from the _ CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT or its authorized representative. 10.0 Audit Rights The CITY reserves the right to audit the records of the CONSi.JLTANT 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. I 1.0 Subletting The CONSULTANT shall not sublet, assign, or transfer any WORK under this AGREEMENT without the prior written consent of the CITY. 12.0 Warrant;y 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 ohhis warranty, the CITY shalf have the right to annul this contract without liability. - Page 120131 Professional Service AGREEMENf Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 13.0 Termination of AGREEMENT It is expressly understood and agreed that the CITY may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK, in which event the CITY'S sole obligation to the CONSULTANT shall be payment for the WORK previously authorized and performed in accordance with the provisions of this AGREEMENT, such payment to be determined on the basis of the WORK performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which 'no work'was performed. 14.0 Duration of AGREEMENT ' This AGREEMENT is for a tiirle period of three (3) years, commencing upon approval and eli:e<:!1tion 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 temiinated by the CITY. 15.0 Renewal Option ThisAGREEMEI'H may be, renewed, at, the sole' discretion of the CIlY, for an additiomilperiod not to exceed a total cOntract period, including renewals, of one (I) year. 16.0 Default In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may 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, tihe CONSULTANT shall return such sums to 'the CITY within ten (10) days after notice that said sums are due. In th.e event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 17.0 Insurance and Indemnification, 1'11';-CONSlf(.TANT-;h~lfmai~in durin~th~"ter;;;-of'this7\GREEMENT tl1e'iii-;urance ';;' ~~t j;'rthin' ,., "Attachment A, Insurance and Indemnification" to this AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing in tihis 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 Quafifications applicable to this AGREEMENT. Page 13 of31 Professional Service AGREEMENT ,Tpepe©12-31_Ii (Revised SK 4-3-I 3, GM 6-18-13) • • • • 20.0 Taxes CONSULTANT shall be responsible for all payments of federal, state, andlor 10Gai 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 in attachment # fYoIo 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 befYoleen 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 City, which may be applicable to the service being provided. 24.0 Licenses and Certifications CONSULTANT ·shall secure all necessary business and professional licenses at its sole expense prior tb executing the AGREEMENT. 25.0 EntiretY of AGREEMENT This writing embodies the entire AGREEMENT and understanding befYoleen 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, o'r 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 lury Trial CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 27.0 ValiditY of Executed Copies This AGREEMENT may be executed in several counterparts, each of which may be construed as an original; 28.0 Rules of Interpretation Throughout this AGREEMENT the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. Page 140f31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • 29.0 Severability If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. . 30.0 Non-Waiver CITY and CONSULTANT agree that no failure to exercise and no delay in exerciSing any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. 31.0 No Discrimination No action shall be taken by. the CONSULTANT which would discriminate against any person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation or disability. The CONSULTANT shall comply with the Americans with Disabilities Act 32.0 Equal EmRloyment 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 DY the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. . 34.0 Effective Date This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. 35.0 Third Part;)! 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 oniy the parties hereto shall have any rights hereunder. Page 15 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • • • 36.0 Further Assurances The parties heceto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 39.0 Force Majeure Neither party hereto shall 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. Notites shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CI1Y: City Manager, ;teve.l' A-(e">!A t>I t:>e1I- 6130 Sunset Dr. With copies by U.S. mail to: To CONSULTANT: South Miami, FL 33143 Fax: 3oS-t;1<;> 1-',315" E-mail: 5 "i.eu-"JO ~ @. s.,diMYI 1A7'tA.1 FL, "I 0 \I City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. . . South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov SRS Engineering, Inc. ~OO I SW 74 m Court, Suite 20 I Miami, FL33155 Fax: 305-662-8858 ignacio@srs-corp.com Page 160f31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) IN WITNESS WHE EOF, this AGREEMENT is accepted on the date first above written subject to. the terms arid condif h herein. WITNESS CONT~~~~: --=::::)~-'i-~~~J~~/:;:t.-~,,--__ _ Name: Ignacio Serralta Title: ----T--"--,P'r-es-,~---;------ OWNER: CITY OF S A MIAMI Page 17 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • Attachment A Insurance and Indemnification Page 180f31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) • Insurance and Indemnification I. Insurance and Indemnification Without limiting its liability, the proposing firm shall be required i:o procure and maintain at its own expense during the life of the Comract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for Performance Based Audits, whether such execution by the firm or by any sub-consultant, or by anyone directly or indirectly . employed by any of them or by anyone for whose acts any of them may be liable. The CONSULTANT shall not commence work on this AGREEMENT until he has obtained all insurance required by the CITY. The CONSULTANT shall indemnify and save the CITY harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the CONSULTANT, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the CITY arising from the negligent error, omission, or act of the CONSULTANT, its agents, representatives, . employees, Sub,Contractor, or assigns, incident to, arising out of or resulting from the performance of the CONSULTANT'S professional services under this AGREEMENT. The CONSULTANT agrees and recognizes that the CITY shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONSULTANT, its agents, representatives, employees, Sub- Contractors, sub-contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the CONSULTANT, the CITY in no way assumes or shares responsibility or liability of the CONSULTANTS, Sub-Contractors, their agents or assigns. The CONSULTANT shall maintain during the term of this AGREEMENT the following insurance: _"... -• _"' __ " .. ____ ._, __ " ". "."." e_ A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the CONSULTANT shall become legally obligated to pay as damages for claims arising out of the services or work performed by the CONSULTANT its agents, representatives, Sub- Contractors or assigns, or by any person employed or retained by him in connection with this AGREEMENT. This insurance shall be maintained for four years Insurance and Indemnification July ~5, 2012 after completion of the construction and acceptance of any Project covered by this AGREEMENT. However, the CONSULTANT may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: a. Personal Injury: $1,000,000; b, Medical Insurance $25,000 p'er person; Page 190f31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • • c. Property Damage: $500,000 each occurrence; d. Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in. the amount of $1,000,000 per claim. The CITY must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. The CITY must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the CITY. The CONSULTANT must provide not only a "certified copy" of the Binder but also the Pcilicy 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-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The CONSULTANT shall furnish·certified copies of all "Binders" or certificates of insurance to the CITY prior to the commencement of operations, which"Binders" or certificates shall clearly indicate that the CONSULTANT has obtai.ned insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligations under this Section or under any other portion of this AGREEMENT. CONSULTANT agrees to supply copies of certificates of insurance to the CITY verifying the above-mentioned insurance coverage. CONSULTANT agrees to list the CITY as an Additional Insured of the CONSULTANT's General liability insurance and shall provide the CITY quarterly reports concerning any and all claims. Page 20 of 31 Professional Service AGREEMENT . Tpepe©12-31-12 (R~vised SK 4-3-13, GM 6-18-13) Exhibit 2 "Affidavits and Forms" (Respondents must complete and submit with their proposaJ.) Page 21 of31 Professional Service AGREEMENT T pepe© 12-31-12 (Revised SK 4-3-13. GM 6-18-13) • • EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement under Section 287. I 33(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the CONSULTANT, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the CITY, and shall agree not to undertake any other private representation which might create a conflict of interest with the CITY. The CONSULTANT may not represent any Commission member, indiviaually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The CITY will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The CONSULTANT selected will be required to enter into a formal AGREEMENT with the CITY in a form satisfactory to the CITY, prior to the execution of which the CITY shall reserve all rights, including the right to change its selection. . 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shan be completed and prOVided with the proposal submittal. Page 22 of 31 Professional Service AG REEM ENT Tpepe©12-31-12 (ReVised SK 4-3-13, GM 6-18-13) ATTACHMENT #1 PUBLIC EI'ITITY 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 PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to _.-:C"""ity¥-"o"-f"'So'-"u"'t"'huM.:illlia"'mll.i _______ _ By: Ignacio Serralta, President For: SRS Engineering, Inc . . whose business address is: [print name of the public entity] 500 I SW 74th. Ct., Suite 20 I Miami, FL 33155 (If the entity has no FEIN, include the Social Sec.urity Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to ,any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision· of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion .. racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by Page 23 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • • indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or . (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income 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 services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] --.2L 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 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 PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE Page 24 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 27 day of, June 2013 ~ Personally known or __ Produced identification (Type of identification) Notary Public -State of Florida My commission expires July 23, 2016 (Printed, typed or stamped commissioned name of notary public) cc'RALP .. H A. PEREDA Page 25 of 31 Professional Service.AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ~ MYCOIAMISSIONIIEE188830 EXPIRES JUly 23, 2010 Ir..n .... a ~::i:"'",.""",, .. • ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will betaken 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 coritractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: ./ IgnaCIO Serralta lune 27, 2013 Page 26 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this 27 day of June, 2013, 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 ifthis 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: Ignacio Serralta, President 840 I SW 94 St .. Miami. FL 33156 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 contrar.work or s.ervice to which the response/submission pertains. ~ II t- Signature: ~. .... _~l .......... Printed Name: -/------ Ignacio Serralta Title: Presjdent Telephone: (305) 662-8887 Company Name: _-"-SR.,S"-"E ... ng!;!illne"'e"'r.J.jin ... i:;... llln .. c~. ___ _ NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade Page 27 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • • The foregoing instrument was acknowledged before me this 27 day of June, 2013 by Ignacio Serralta (name of person whose signature is being notarized) who is SEAL Page 28 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) ~ Personally known or __ Personal identification Type of Identification Produced Did take an oath, or Did Not take an oath. Ralph A. Pereda (Name of Notary Public: Print, Stamp or type as commissioned.) RALPH A. PEREDA MY COMMISSION" &&188830 EXPIRES J,q 23, 2018 ATTACHMENT#'! "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, . tJtal tleeil N (Name of Contractor), hereby acknowledge and agree that as CONSULTANT, as speclfled ave the sole responsibility [or compliance with all the requirements of the Federal Occupatlonal 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 lI.blllty, claims, damag ... ·losses and expenses they may Incur due to the failure of (subcontractor's names): to comply wIth .uch act or regulation, Page 30 0131 Prof ... lonai Service AGREEMENT Tpepe@12.31-12(RevlsedSK4.3.i3,GM6.IB./l) • • ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Ignacio Serralta, individually and on behalf of SRS Engineering, Inc. ("Firm") [ CompanylVendorJEntfty] have read the City of South 'Miami (CITY)'s Code of Ethics, Section SA-I of the CITY's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: I. Neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, andlor the Firm, am (are) about to perform for, or to transact with, the CITY, and 2. Neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the CITY or who is (are) an appointed or elected official of the CITY, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the CITY, and 3, Neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) has transacted or entered into any contractCs) 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 andlor 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 andlor your Firm and the CITY other than the following individuals whose interest is set forth folloWing their names: . NIA (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). The names of all CITY employees and that of all elected andlor 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: NIA (use a separate sheet to supply additional information . that will not fit on this line but make reference to the additional sheet which must be signed under oath). 5. I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the CITY, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. Page 30 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13, GM 6-18-13) 6. I and the Firm hereby acknowledge that we have not contracted or transacted any business with the CITY or any person or agency acting for the CITY, and that we have not appeared in representation of any third party before any board, commission or agency of the CITY within the past two years other than as follows: (use a separate sheet to supply additional information that will not· fit on this line but make reference to the additional sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or Sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any CITY employee; or (iii) any member of any board or agency of the CITY other than as follows: NIA (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: NIA , (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 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 andlor any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that e statements made hereinabove are true and correct to the best of my knowledge, information nd b lief. n _ Signature: M Print Name & Title: Date: lune 27, 2013 ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Page 31 of31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13, GM 6-18-13) • • • RESOLiJTION NO.: 120-13-13938 A Resolution authorizing the City Manager to negotiate hourly rates and to execute a professional service agreement provided under the Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", for the following professional services: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering. WHEREAS, the Mayor and City Commission desires to enter into service agreements for professional services for the following categories: Architecture, Landscape Architecture, CivilfEnvironmental Engineering, Traffic and Transportation Engineering; and . . WHEREAS, on Aprt126, 2013 a request for qualification RFQ #PW-S2013-04 was released by the City for these services; and WHEREAS, the City received solicitation from thirty-three (33) firms; and WHEREAS, pursuant to Florida Statute 287.055 for CCNA, the City review committee conducted thorough reviews of the firm's qualifications, and upon evaluation the firms were ranked; and WHEREAS, the City selected a five (5) qual~led firms for each category to provide the professional services to the City as follows; and Civil 1, EAC CONSULTING, INC 2. CIVIL WORKS INC 3, A.DA ENGINEERING, INC 4, SRS ENGINEERING, INC 5, R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS Traffic & Transportation 1, TV LIN INTERNATIONAUHJ ROSS 2, THE CORRADINO GROUP 3. MARLIN ENGINEERING 4, C H PEREZ CONSULTING ENGINEERS, INC, 5, URS Environmental 1, R.J BEHAR & COMPANY INC ENGINEERS, PLANNERS 2. MILIAN SWAIN AND ASSOCIATES 3, STANLEY CONSULTANTS, INC 4. BALJET ENVIRONMENTAL, INC, 5, LANGAN ENGINEERING Structural 1. SRS ENGINEERING, INC 2. GBATISTA&ASSOCIATES 3, STANLEY CONSULTANTS, INC Landscape • _ ____ __~____ ________ ___.___._ ... ...... __ ....._______ ... _______ ... _ . _ __ .. _.1. . D'LEARY_RICHARDS. DESIGN .. &__ .. _ ... __ .. ____ _ -. AiC~iteCture AssoCiAT~S' 1 MCHARRY ASSOCIATES 2. BERMELLO AJAMIL & PARTNERS 2 BERMELLO AJAMIL & PARTNERS 3, ROSENBERG GARDNER DESIGN 3 SOL-ARCH, INC 4, CURTIS + ROGERS DESIGN 4 R.E, CHISHOLM ARCHITECTS, INC STUDIO, INC 5 INDIGO SERVICE CORPORATION 5. KIMLEY HORN & ASSOCIATES WHEREAS, the Mayor and City Cominission desires to authorize the City Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. 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 negotiate hourly rates and execute a professional service agreement in the same form as published in RFQ #PW·S2013-04 in accordance with the procedure set forth in Florida Statute 2B7.055 (Consultant's Competitive Negotiation Act), • • • • • • • • Pg. 2 of Res. No. 120-13-13938 Section 2: The agreements shall be approved by resolution prior to being signed by the City Manager. 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 effee! immediately upon adoption. PASSED AND ADOPTED this 4th day of_J_u_n_e ___ • 2013. ORM ECUTION COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea ro,' FI'lOM, DATE:. • • • Cily of so.utli Mi~rni PUBLlCWORKS:& EflGINEERING DEPARTMENT 47!i5$W 7.5'" AvenUe . MlalUi,FL 3:3155 Tel. (:lOS) ~63C6:i50Fali'($05) '668-'72(J8: Steven Alexander, City Manager Jorge L. Ver~, capitallmprovern,mt Prpj~ct Me~ciiier Ju.ne 4, ~Oj.2 ,/... ~ • Resolution:. A Resolution: of the city of Soulh Miainl"F)otji:la;aJ.iti1illiijh~the '¢iiy.Mafiage(ttl.O:egbtietf} houdy rates·aOd to execute a profes;;,oMai.$e.vice agt~eiii;intprj)(ii~edundenhe Florida StaMe. 287..0.55 (Consultant's, bomPetiti\!e:NI'9.ot1$.\I~.tt Mt) "'¢cJl)A\ lor Architecture; Lal'ldscapaAlchltectute;, Clvil/El'1yi(Qi1o:ial)la)E:[igI~~armg;· Tra!!r¢'af)d Transportation En'glheiltlng professlohill siirviq~~. . ,. On April 26, .2013; the CitY receive!l'3SsolJpi\atii:;psJn reliRoM~. fo,' the request for qu,,!ifioatiQn~ RFQ#PW-S2'01'3-0.4., Jil,' .:M:bllec\ure,LaW~caPe AJI'hitecture, Oiv\llElnvlronmElota! EngineerinQ, Till,lI/e :lIng· J:r~ii~pi:":ta!ioh. ,En~IM~rlng prQfe~sional .sBl1Ilqes; Th.e.inlen!.Qf lh .• CCNA Is to sEilec.\,prQfes~ioi1alserviCes'b"Sed, QnJ!l~<i~.lifjcations of the firm; "{ith!,>ut considering the priCe .of tho'; •. $<irvj~s'un«1 ,,,ftef,lhefi,ms'have been ranked; Ran.kin9. is, based -on qualificationsal\d n~g'6tiaticin$· haVe b~gun;Wjlb'the'tQp ranked firm: Professional deSign services afe defin,eg ,.uricje(this"law,ti>.rncl~~iI'engineering, surveying & mapping, landscape architecture, and: archlteoture .. 'Numerotisstudles have shown that selection based on qualifications proviqes. the owner with \ilptimulJl.seryi91?si,w~ereaS selection based on 'Iow price only assures' the oviner pf the least expensive initial design 'Qr' study cost, not nooessarily the best or inostc()st-effectiy~ over the·lifa of lhe ptoJem, Public agencies that use qualifications based selecticirt :under tha bcNA to procure . engineering services are beller able to control construction cosls and achieve .. a cOMistently high degree of project salisfadion than those using other pro.curemen!' methods. The,refore, the selection of fi,rms . CC:-'" c--c.:c,c:.-----,--,,--,--,,--,,--:wIJ.H,e_.p~sed-ol! c~IUl\Uf!!l.<i\tlon$;.<i\ndcflncll firms .are-,!ielecJlld;::lh~n:.c0mpeil.tiYe;ne9QtiatiQns-,.-- for fees will occur, Further .. ihe Intent of the CCNA legislation hes always been to preclude "price consideration" from entering into the selection process. The Florida Legisiature clarified the statute In 1988 to state that'an "agency may. requesl, accept, and consider proposals for the compensation to be paid under the contrt;lct only during the competit1ve negotiation," In accordance with Florida Statute 287,055 (Consultant's Competitive Negotiation Act) "CCNA'\ the review committee ranked the firms· within the categories of Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and Transportation Engineering, The top 5 firms for each category are listed below in order of their ranking, • • • tral!!!i 8. transbbtlalioii' " ',' , ,', " , 'j. ' TV LlNINr.~F.l~IAJtOJ'/AGIHJROSS 2. TfI!'tGO{WAOINO GBOWP' ,~, MAR,~IN' ENGINE~fljWG ' , "I. C'tl)~E;F.lEZGON$UI.TI!'IG ENGINEERS, INC',,, ii, URS ,Environmental, .. , .. " , " , f, R,J B,EHAR,,&i:;OMPANYI!>!GE;NGIN~ERS. PLANNERS 2. MI 'IAI'fSWA W'N'ASS6lAES ' " " '" , * ~NLE;Y tlJN~&ANts~t'Ig·" 4: BAlJETENVIRONMENTAllNC. :6. LANGAN~NGI,NEEF.lING'" ,Structuri,i , "t:' SRS ~N(MJilEERINiilN(): 2; Go BATISTA ,& Ass,obiATeS '<;i" ~'T"I\, ki[rtl'i,,) "';;'.,.(C.U'L""""'u",=·I;'"· ridC' .~. ~ .. I:,"f\I.". ~ I ~~1".9 }' I.an}.,,,>, I'~. " Lardscape, 1.. O'LEARY RICHARD.&DESIGN:& ASSOCIAtES ,;(, SERMELLO AJAMILiIOPARTNERS' ~. ~3~i~B;~g;tr.~~~tlg~~~~DIO; INC 5. K\M~EYHbRN&AssbciATES ' • City staff will be submitting, at a futtire regular Commission meeting, the completed profess!onal.General S~rvlbes Agreen'lents for Commiss"ion approval; for each ranked firm, which will .InClude negotiated hourly tales, The execution 'of these Professional General SeIVIC;' agreements does not commit the City' to any maximum 'amount Of fees nor guarantee any work. Upon "election o!'the iirms, the City will negotiate, hourly' iates that are acceptable to,the City and within indUstry slaMards, U'pon the City arid finn negotiating a cost to perform the required scope of a project, a resolution will be broUght before the. City Comm.ission for approi/al or the, ,sewice agreement. Attachments: Proposed Resolution Evaluation selection sheet Standard professional service agreement • • • • RFQ #PW-P2013-04 Rank I Bidder Points Key: Civil Engineering JV SK GM Total Not a prime service TV LlfJ INTER~IATI()~IAl(HJ ROSS 89 97 91 277 1 EAC CONSULTING, INC 90 97 89 276 2 CIVIL WORKS INC. 86 91 8S 262 BERMEI-LO AJAMIL 8< PARTNERS I~IPI 8'--, SS 81. 254 THE CORRADINO Cil10IJP 74 96 81 251 3 A.D.A. ENGINEERING, INC. 81 91 78 250 4 SRS ENGINEERING, INC 69 98 81 248 5 RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS 79 98 71 248 MILIAN SWAIN AND ASSOCIATES 3'--, 79 gO 244 STANLEY CONSULTANTS, II\J(, '11 90 71 231- (PH ENGINEERS 72 94 65 231 BAUET ENVIR.ONMENTAL, INC. 11 85 71 227 LANGAN ENGINEEHING 63 91 72 226 RODRIGUEZ 8< IJ.IJIROG/\ INP) 70 82 73 225 FLORIDA TRANSPORTATION ENGINEERING FTI'. 68 92 61 221 BUILDING TECHNOLOGY ASSOCIATES, INC. 50 84 53 187 Traffic & Transportation Engineering Services JV SK GM Total 1 TY LIN INTERNATIONAL/HJ ROSS 89 97 91 277 2 THE CORRADINO GROUP 87 96 83 266 CIVIL WORKS INC INPI 86 91 85 262 3 MARLIN ENGINEERING 83 98 77 258 R.J BEHAR & COMPAf\JY INC ENGINEERS, Pl.f\NNEHS 79 98 11 248 4 C H PEREZ CONSULTING ENGINEERS INC. 75 99 73 247 5 URS 75 94 78 247 Me lvlAH01'1 TRAi\lSP. ENGINEERS & PLANNEHS 79 88 79 246 FLORiDA TRANSPORTATION ENGINEEHING FTE 72 94 77 243 STANLEY CONSULTANTS, [['IJ(, -7l 90 7l 232 HBC ENGINEERING COMPANY 66 89 72 227 . CALTRAN ENGINl:Er~ING GROUP 71 86 69 226 Architecture JV SK GM Total 1 MCHARRY ASSOCIATES 78 98 83 259 2 BERMELLO AJAMIL & PARTNERS 85 88 81 254 3 SOL-ARCH, INC. 75 95 79 249 4 R.E. CHISHOLM ARCHITECTS, INC. 77 90 67 234 5 INDIGO SERVICE CORPORATION 67 97 66 230 RODRIGUEZ 8,. QUIHOGA 70 82 73 225 CHALGUB, INC, 61 84 69 214 Environmental Ene:ineerina: JV SK GM Total TV UN INTERNATIONAL/HJ ROSS-AU services 89 97 91 277 CIVIL WORKS INC. INPI 86 91 85 262 THE CORHADINO GROUP INPI 74 96 81 251 ADA ENGINEtRING, iNC. 31 91 78 250 1 RJ BEHAR & COMPANY INC ENGINEERS, PLANNERS 79 92 77 248 SH5 ENGINEEt1ING, INC 69 98 81 248 2 MILIAN SWAIN AND ASSOCIATES 85 79 80 244 3 STANLEY CONSULTANTS, INC. 7l 90 71 232 4 BAUET ENVIRONMENTAL, INC. INPI 71 85 71 227 5 LANGAN ENGINEERING (NP) 63 91 72 226 Structural Engineering JV GM SK Total TV LIN INTERNATIONAL/HJ ROSS-All services 89 97 91 277 EAC CONSULTING, INC INP) 90 97 89 276 A.D.A. ENGINEEHING, INC. 81 91 78 ).50 1 SRS ENGINEERING, INC 69 98 81 248 2 G BATISTA & ASSOCIATES 78 89 70 237 3 STANLEY CONSULTANTS, INC. 71 90 71 232 BAIJET ENVIRONMENTAL, INC. 71 85 71 227 landscaoe Architecture JV SK GM Total 1 O'LEARY RICHARDS DESIGN & ASSOCIATES 85 87 86 258 2 BERMELLO AJAMIL & PARTNERS INP) 85 88 81 254 3 ROSENBERG GARDNER DESIGN 76 97 81 254 4 CURTIS + ROGERS DESIGN STUDIO, INC 76 87 84 247 5 KIMLEY HORN & ASSOCIATES 75 97 68 240 DREDGING & MARINE CONSULTANTS 69 87 60 LtG