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Res No 145-15-14484RESOLUTION NO.:145-15-14484 A Resolution authorizing the City Manager to pay SRS Engineering,Inc.to complete engineering documents fora Citywide Sanitary Sewer Master Plan. WHEREAS,the Mayor and City Commission wish to continue to provide bus shelters at bus stops throughout the City and WHEREAS,the City desires to hire a consultant to complete professional engineering documents for the City;and WHEREAS,in accordance with and pursuant to Florida Statute 287.055 for CCNA,the City Manager has negotiated an agreement with SRS Engineering,Inc.who was one of five(5) consultants previously selected to perform professional services for the City and who was next in the rotation for selection. WHEREAS,the City Manager has negotiated the price for the services to be rendered which does not exceed the sum of $98,845. WHEREAS,the City desires to providea contingency of $15,000 over the proposal amount for unknown factors that may arise during the work and for permitting fees;and WHEREAS,the total expenditure is not to exceed $113,845;and NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY COMMISSION OFTHE CITYOF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized pay SRS Engineering,Inc.,for an amount not to exceed $98,845 in accordance with the form of Professional Service Agreement that was approved by the City Commission by resolution 151-13-13969 to complete engineering documents for a Citywide Sanitary Sewer Master.TheCity Manager is authorized to expend an additional $15,000 over the proposal amount for unknown factors. Section 2:The expenditure shall be charged to the General Obligation Bond account number 114-4010-541-3450,which has a balance of $261,274 before this request was made. Section 3:If any section clause,sentence,or phrase of this resolution is for any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this resolution. Pg.2 of Res.No.145-15-14484 Section 4:This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 15th dayof September 2015. CITYCLER READ AND LANGUA *MtsH#&r, iVED AS TO FORM CUTION APPROVED mJ4j MAYi COMMISSION VOTE:5-0 Mayor Stoddard yea Vice Mayor Harris Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Welsh Yea WMi<South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: From: Date: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager September 15,2015 Agenda Item No. Subject:A Resolution authorizing the City Manager to paySRSEngineering,Inc.to complete engineering documents foraCitywideSanitary Sewer MasterPlan. Background:Aproposalwas requested for the preparation of asanitary sewer master planfor the City of SouthMiami.Thepurposeof the Master Plan isto identify areas within the City that are currently not serviced by apublic sanitary sewer system, to gather information on existing sewer systems,and to develop a conceptual master planincludinga 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,whichwillalso establish apriorityfor projects witharational of environmental considerations including raising water tables. SRS Engineering,Inc.hassubmittedaproposalinthe amount of$98,845to develop site development plans. A contingency in the amount of $15,000 willbe included over the proposal amount to address for unknown factors that may arise during the work andfor 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.TheCity negotiated hourly rates with the firmand entered into a professional service agreement with SRS Engineering,Inc.to perform engineering services for the City. Amount:Amount not to exceed $113,845 Account:The expenditure shallbecharged $113,845 to the GeneralObligationBond account number 114-4010-541-3450,which hasa balance of $261,274 before this request was made. Attachments:Resolution Proposal Professional Service Agreement CCNA Consultant Project List RESOLUTION NO.:1-86-13-1 4004 AResolutionauthorizingthe City Manager to execute aProfessionalService Agreement provided under Florida Statute 287.055 Consultant'sCompetitive Negotiation Act "CCNA",wlthrMfflan,Swain and (Associates,Inc),Indigo Service Corporation,O'Leary Richards Design Associates,Inc.,Rosenberg Design Group,inc.,Curtisand Rogers DesignStudio,Inc.,REE Consulting,LLC.dbaG.Batista and Associates forthe following professionalservices:Architecture,Civil/Environmental Engineering, Structural,andTraffic&TransportationEngineering. WHEREAS,theMayorand City Commission desiretoenterintoservice agreements forprofessional servicesforthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering, Structural,Traffic andTransportation Engineering;and WHEREAS,pursuant toFloridaStatute287.055for CCNA,theCity solicited qualification from interested firms andthe City's reviewcommitteeconductedathoroughreviewofthe qualifications ofthe firms that responded tothesolicitation,anduponevaluationthefirmswereranked;and WHEREAS,theCitymet with the firms and reviewed theproposed hourly billing ratesandthe following firms have agreed upon the hourly bifling rates disclosed inthe Professional Service Agreement request for qualifications;Miiian,Swain and Associates,inc.,Indigo Service Corporation,O'Leary Richards Design Associates,Inc.,Rosenberg Design Group,Inc.,CurtisandRogersDesign Studio,Inc.,REE Consulting,LLC. dba G.Batista and Associates;and WHEREAS,the MayorandCityCommission desires to authorize the City Manager to execute the professional service agreements. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTHMIAMI,FLORIDA THAT: Section 1:The City Manager ishereby authorized to execute the form ofthe professional service agreement that is attached,for the negotiated hourly cates in accordance withthe procedure set forthinFlorida Statute287.055(Consultants Competitive Negotiation Act)Miiian,Swainand Associates,Inc.,Indigo Service Corporation,O'LearyRichardsDesignAssociates,Inc.,RosenbergDesignGroup,Inc.,Curtisand Rogers Design Studio,Inc.,REEConsulting,LLC.dba G.Batista and Associates.Aresolutionshallbe presented tothe Commissionforapprovalof each projecttobeawardedinthefuturetoa selected firms. Section 2:If any section clause,sentence,or phrase ofthisresolutionisfor any reason held invalid or unconstitutionalbya court of competent jurisdiction,theholdingshallnotaffectthe validity oftheremaining portions of this resolution. Section 3.Thisresolutionshall take effectimmediatelyuponadoption. PASSED ANDADOPTED this 3rd dayof September .2013. APPROVED: 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 appreciatethisopportunitytoprepare this Proposal for Professional Services for thereferenced project.In accordancewith our Agreement forGeneral Engineering Services,wearesubmittingour understandingofthe Scope ofWorkandFee Proposal toprovideProfessional Consulting Engineering Services inconnectionwiththereferencedproject. The Scope of Work as we understand itatthe present time will consist of the preparationofa sanitary sewer master planfor the Cityof South Miami.TheproposeoftheMasterPlantoidentify areas currentlynot serviced byapublicsanitary sewer system,gather informationonexisting sewer systems,and develop conceptual master plan including layoutofproposed sewer systems,costof projects,and estimated costs toCity'spropertyowners.TheMasterPlanshallconsistofawritten reportwith exhibits includingdrawings showing CityMap,Subarea Sewer Systems,and cost breakdown tables.The Master Planshall also establish apriorityfor projects witharationaleof environmental considerations includingraisingground water tables. This work will include the following: •GeneralProject management includingattending meetings withCity of South Miami staff to establish project guidelines and requirements,attending meetings withMDWASDto discuss project and obtain information. •Gather allavailabledata concerning the projectareaand associated design requirements.This task includes conductingasitevisitsandreviewingexistingavailable utility recordstoidentify existing systems and conditions.Request updatedMDWASD sewer atlasand as-build drawings. •Prepare base city plan/map showing city map withpropertiesand existing sewer systems. •Prepare phased conceptual master planincluding: •Assume 12 subarea master plans •Design conceptual layoutplans(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 withCityto submit andreviewMasterPlanlayoutplansand conceptual designs. •Incorporate City's comments &finalize Master Plan conceptual layout plans. September 9,2015 Page 2 Prepare project cost estimates; •Calculate quantities •Prepare project construction cost estimates •Prepareestimatesof typical costsper property owner (MDWASD connection charges, permits,newprivateplumbing,and abandoning of septic tanks). •Prepare total cost estimates spreadsheets •Schedule and attend meeting withCityto submit andreview Master Plan cost estimates •Incorporate City's comments and finalize Master Plan cost estimates and tables. Followup meetings withCityand MDWASD to present currentMasterPlanLayout,points of connections,fees and cost,MDWASD agreement,etc. Prepare written Master Plan Report including: Introduction,brief summary ofproject. Briefdescriptionof each subarea including typeofsystem,costandpropertiesserved 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 withCityto submit and review Master Plan Report Incorporate City's comments andfinalize Master PlanReport Schedule The following is our estimated project schedule based onobtainingaNoticeto Proceed (NTP)onor about September 28th,2015. Estimated Project Schedule Task Duration Begin End Issuance of Notice to Proceed (NTP)6 weeks 8/17/15 9/28/15 PreparationofMasterPlan(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 1/4/16 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 bealumpsum 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 willbe based onmonthlyinvoicing as a percentage of completion ofwork. We would expect to commence our services promptly after receipt ofyour acceptance ofthis proposal and approval of the purchase order. September 9,2015 Page 3 ThisProposalandour Standard Agreement withtheCity represents the entire understanding between theCity of SouthMiamiand SRS Engineering,Inc.in respect totheProjectand may only bemodifiedinwriting when signed bybothofus.If the foregoingis agreeable toyou,please execute the original of this Agreement where indicatedbelow and returntoouroffice. Very truly v6urs, ignacio tferralta,P.E. President I have read the foregoingLetterof Agreement and agree toall terms and conditions stated therein. Accepted this day of ,2015 Cityof South Miami By:_ Title: MEETINGS WTTH CfTY (3) MEETBMGS WITH MDWASD(2) REQUEST ATLAS AND AS-BUILTS PREPARE BASE CITY PLAN CONDUCT SITEVISITS(12) mm? ASSUME 12 SUBAREA MASTER PLANS DESIGNCONCEPTUAL LAYOUT {LAYOUT, LIMITS,SIZING) PREPARE MPPLAN,SUBAREA PLANS, DRAWINGS DETERMINE IF PS &FM IS NEEDED & DESIGN MEETING WITH CITY TO SUBMIT &REVIEW MP LAYOUT &CONCEPTUAL DESIGN INCORPORATE CrTY COMMENTS FINALIZE MP CONCEPTUAL LAYOUTS CALCULATE QUANTITIES PREPARE COST ESTIMATES PREPARE EST.COSTS PER PROPERTY OWNER PREPARE TOTAL COST SPREADSHEETS MEETING WITH CITY TO SUBMIT &REVIEW MP COST ESTIMATES INCORPORATE CITY COMMENTS & FINALIZE MP COST ESTIMATES FOLLOW UP MEETINGS WITH CrTY & MDWASD INTRODUCTION ACTIVITIES BY SRS (Salaries) ACTIVITIES BY OTHERS $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 ENGINEERING COST BREAKDOWN City of South Miami Sanitary Sewer Master Plan $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 6.00 $125.00 $120.00 12 $95.00 12 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 80 $95.00 $125.00 $120.00 $95.00 $125.00 5.00 $125.00 $120.00 $125.00 $120.00 48 5.00 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 36 $95.00 $125.00 $120.00 5.00 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 $125.00 $120.00 $95.00 SUMMARY 40 192 8,745 x BjSJ88il $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 $62.00 $48.00 Estimated OUT OF POCKET EXPENSES including reproduction costs,etc. TOTALTHIS PROPOSAL =I DATE: 48 24 348 182 128 85 88 17 8/17/2015 $1,416.00 $1,320.00 $570.00 $3,240.00 $2,640.00 $0.00 $2,640.00 $27,084.00 $14,302.00 $11,080.00 $1,005.00 $753.00 $0.00 $6,917.00 $8,600.00 $1.249.00 $3.670.00 $785.00 $505.00 $990.00 $0.00 $1,265.00 $98,745.00 $0.00 $100.00 \ PROFESSIONAL SERVICE AGREEMENT General Civil and Structural Engineering Services THIS AGREEMENT made and entered into this Zl day of JoMtS ,2013 by and between the CITY OFSOUTH MIAMI,a political subdivision oftheStateofFloridaand SRS Engineering,Inc authorizedtodo business in the State of Florida,hereinafter referred to as the "CONSULTANT". In consideration ofthepremisesandthe mutual covenants contained inthis AGREEMENT,the CITY OF SOUTH MIAMI,throughits City Manager,agreestoemploy the CONSULTANTforaperiodendingon M-U^i ijt 2#I{fr ,and the CONSULTANT agrees to be available,continuing basis,to perform professionalservicesinconnectionwith projects)wherethebasicestimatedconstructioncostsofeach individual projectdoesnotexceed $2,000,000.00 or wherethe individual studydoesnotexceed $200,000.00,herein after called the "SERVICES". 1.0 General Provisions I.I The CONSULTANT maybeawardedworkand issued aNoticetoProceedtoprovide professional services fora project,foraportionofa project,orfordiscretetasksona project Additional Professional Services,forthepurposeof reviewing workperformedby other professional consultantsor for other miscellaneous engineering servicesthat may berequired. 1.2 ANotice to Proceed will beissuedonanasneededbasisat the solediscretionoftheCity Manager,or hisdesignee,hereinafter referred toas "CITY".TheCityofSouth Miami reserves,atall times,therighttoperformanyand all engineering work in-houseorwith other engineers.This AGREEMENT doesnotconferonthe CONSULTANT any exclusive rightstoperformworkon behalf oftheCityofSouth Miami,nordoesit obligate theCityofSouth Miami inanymanner to guarantee workforthe CONSULTANT.The CONSULTANT may submit proposals forany professional services for which proposals fraybe publicly solicited bytheCityofSouth Miami outsideofthis AGREEMENT. 1.3 The CITY will confer with.the CONSULTANT before any Notice to Proceed is issued to discuss thescopeofthework;thetimeneededtocompletetheWORKandthefeefortheservicestobe rendered in connection with the WORK. 1.4 The CONSULTANT will submit a proposal upon the CITY'S request prior tothe issuance ofa NoticetoProceed.Nopaymentwill bemadeforthe CONSULTANT'S timeandservicesin connection withthepreparationofanyproposal. 1.5 The CITY agreesthatit will furnish tothe CONSULTANT plans andotherdata available in the CITY files pertaining tothe WORK tobe 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 CONSULTANTS presenceis required. Page I of3l Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK4-3-13,GM 6-18-13) 1.7 The CITY may designates representative who,on behalf oftheCity Manager shall examine the documents submitted bythe CONSULTANT and shall render decisions promptiy,to avoid unreasonable delay intheprogressofthe CONSULTANT'S services.The CONSULTANT shall keepthe CITY'S representative advisedonthe project statusat all times. 1.8 The CITY agreesto Issue all directives and approval In writing. 2.0 Professional Services 2.1 General Services The professional services tobe provided bythe consultant may beoneormoreofthe following, and include but hot 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 neededto implement proposed drainage improvements,preparationof paving and drainage plan for municipal building and facilities. C Civil Engineering,to include Distribution Systems Improvement /Analysis and design and Sanitary Sewer System Evaluation and design. D.Environmental Engineering,including,site investigation anddesignneededto prepare remediationplanstomitigate underground storagetanks,hazardouswastematerialsand asbestos materials. E.Traffic Engineering Services will include daily volumecounts,data analysis,preparation ofconceptual improvements pfan,presentreportsandrecommendationstostakeholders andpreparationof final traffic engineering report.• T\'Srchitecfural Services to provfdelffa^^as~ wellasadditionsand renovations;attend meetings withCitystaffandpresentationstoCity Commission;provideplansdevelopedonAutoCADlatestversionand copiesof reproducible hardcopyanddisketteof plans intherequestedformat G.Landscape Architecture including providing drawings and specifications for landscape projects;sitemaster planning,analysis and design,urban design plans/concept diagrams, openspace planning,analysis and design;community planning,analysis and design;natural resource planning analysisand design;Parks design;renderings/modeling;provide plans developedonAutoCADlatestversionandcopiesofreproduciblehardcopyanddiskette ofplansin the requested format. R Registered Surveying and Mapping Other incidental services associated to the above items. Page2of3I Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) 2.2 Design&Construction -Basic Services The Basic Services,for design and construction,consistof she (6)phases described in Paragraph 2.21 through 2.2.6.Thescopeoutlinedbelowis applicable initsentiretytoprojectsforwhichcompleted Basic Services are authorized. Upon authorization to proceedfromtheCITY,the CONSULTANT agreesto provide complete professional servicesforanyportionor all of thesix Phases outlinedbelow applicable toits profession.The CONSULTANT agrees to co-ordinateits effort with that of anyotherprovidersofprofessionalservices to assureacoordinatedand complete WORK.In a multi-professionaliy consulted project,the lead CONSULTANT,asdesignatedbytheCITY,shall prepare the final bidpackage including bid documents and specifications,whichshadbepreparedby,andbetheresponsibility of the respective disciplines. 2.2.1 Phase l-Preliminary andSchematic Design: A.The CONSULTANT shall conferwithrepresentatives of the CITYand the enduser to determine the full scope of theProjectthatwillmeet the program requirements,and shall advise the CITYif,in the CONSULTANTS opinion,theallocatedfundsareadequate to accomplishthe program requirements,asdefinedbyan individual purchaseorderfor the specific work to beperformed. B.The CONSULTANT shall useproperand adequate design controltoassuretheCITYthat theprogramrequirementswillbemet. 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)asdefinedbelow,andtheStatement of Probable Construction Cost! D.The Proposed Project Timetable shall consist.of a schedule showing the proposed completion dateon each Phase ofthe Project through design,bidding,construction,and proposeddate of completion. E.The Planning Summary (unless advised otherwise)shall consist ofa vicinity plan and blow upofthe Site (if applicable)showing Project orientation,and a brief summary of all pertinent planning criteria usedforthe Project. F..The Schematic Design Studies (unless advised otherwise)shall consist of all plans, elevations,sections,etc.as required toshowthe scale and relationship ofthe parts and the design concept ofthe whole.A simple perspective sketch,rendering,model or photograph thereofmaybe provided to further showthe design concept G.The CONSULTANT shall present the Schematic design studies tothe appropriate commission,committee,agency or board (hereinafter collectively referred to as "Boards") for their approval whenthe project requires such approval.The Consultant shall make copies necessary for presentation tothe Board atno additional costto 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. Page 3 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) I.The Statement of Probable Construction Cost shall include estimated costofthe Project including fixed equipment,professional fees,contingencies (if any),escalation factors adjusted tothe estimated bid date,movable estimate (if any),and utility service extensions (ifapplicable).The CONSULTANTS opinions of probable Total Project Costs and Construction Costaretobe made onthe basis ofthe CONSULTANT'S experience and qualifications and represent CONSULTANTSbest judgment as an experienced and qualified professional,familiar withthe local construction industry and prices. j.TheCONSULTANT shaH submit and present two (2)copies of all documents required underthis Phase,without additional charge,for approval bytheCITYandit shall not proceedwith the next Phase until directedbytheCITYin writing. 2.2.2 Phase II -Studyand Design Development: A From the approved Schematic Design documents,theCONSULTANT shall prepare Design DevelopmentDocuments,comprising the drawings,outline specifications andotherdocuments to fixanddescribe the sizeand character oftheentireProjectastoconstructionand finish materials andotheritems incidental thereto asmaybeappropriate and applicable. B.The Design DevelopmentDocuments shall comprise the ProposedProjectTimetable (updated),Outline Specifications,Updated Statement of Probable ConstructionCost,and Design Development Drawings,etc,as required to dearly delineate theProjectIfthe Updated Statement of ProbableConstruction Cost exceeds the allocatedfunds,feasfble cost or scopereductionoptions shall be included. C.The CONSULTANT shall submitandpresent two (2)setsof all documentsrequiredunderthis Phase,without additional charge,for approval bytheCITYandnotproceedwith the next Phaseuntildirectedby the CITYinwriting. D.The CONSULTANT shall at all times monitor the Probable Construction Costs to make certain they remain within the totalallocated budget A Notice to Proceed to Phase 111 will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated funds. 223 Phase HI -Final Design /ConstructionDocumentsDevelopment: A From the approved Design Development Documents,theCONSULTANT shall prepare Final ConstructionDocumentssettingforth in detail therequirementsfortheconstructionofthe Project including the Proposal (Bid)Form and other-necessary information for bidders, ConditionsoftheContract,andComplete Drawings and Specifications.TheCONSULTANT shall use Construction Specifications Institute (CSI)Standards and theCityofSouth Miami Standard formsforthe preparation ofthe proposal (bid)forms,Instructions to Bidders, conditionsofContractand Specifications.The CONSULTANT shall review all existingCity Specifications,for completeness priortouse and shall supply all needed additional specifications.The final draft ofthe construction documents shall meetthe requirements of and beapprovedby the City Attorney. B.TheConstructionDocuments shall be prepared ina manner that will assure clarity of line work,notes,anddimensionswhenthedocumentsarereduced to 50%of theirsize.Ail drawings shall beon 24"x 36n paper ("D"size),onthe ClTYs standard sheet format,unless Page 4 of 31 Professional Service AGREEMENT Tpepe©l2-3I~I2 (Revised SK 4-3-13,-GM 6-18-13) approvedotherwise. CAll construction documents shallbesubmittedinboth "hard copy"andelectronicmediaina mutually agreed upon electronic format,but generally as follows: 1.Nonr-drawing submittals inMicrosoftOffice Word format 2.Drawings in AutoCAD format 3.GIS files should be in ArcView format Version 3.2. D.Whenthedevelopmentofthe drawings has progressed to atleast 50%completion in Phase III,the CONSULTANT shall submit two (2)copies to the CITY for approval,without additional charge,alongwithupdatedoutline specifications.The CONSULTANT shall also submitatthis time anupdated Statement of Probable Construction cost as indicated bytime factor,changes inrequirements,or general marketconditionsandan updated Project Schedule. E.The CONSULTANT shall not proceedwith the further development until approval of the documentsisreceivedfrom the CITYin writing.The CONSULTANT shall make all changes to documents requiredby the CITY beforeproceedingfurther.Asetoftherevised documents shall bereturned to the CITYafterincorporating all of the changes,ifany. F.ANotice to Proceedforthecompletionof Phase HI willnotbeissuedifthelatestStatementof Probable Construction Cost exceeds the total allocated funds,unless the CITY increases the totalallocatedfundsor the CONSULTANT and the CITY agreesonmethods of cost reductionssufficienttoenableconstructionwithin the project budget G.Upon 100%completionoftheConstructionDocuments,the CONSULTANT shall submitto theCITYa final,updated Statementof Probable Construction Cost along withtwo (2)copies eachof the final draftof all drawings,specifications,reports,programs,etc,without additional charge,fora final reviewand comments or approvals. H.The CONSULTANT shall make all thenecessarypresentations to the appropriate CITY Boardswhichwouldbenormallyrequiredofanyconstructionproject(suchas Environmental Review Board,Historical Preservation Board etc)forthe final approval. I.The CONSULTANT atnoextracosttotheCITY shall make all required changes or additions and resolve all questions resulting from Board review (see paragraph H)if the*changes or additions donotalterthescopeoftheprojectasdeterminedunder paragraph 22.1 AThe 100%complete final Construction Documents shall bereturnedtothe CITY for final approval. Upon final approval bytheCITY,theCONSULTANT shall furnish,totheCITY drawings and specifications,without additional charge totheCITYfor bidding purposes,unless instructed otherwise. j.The CONSULTANT shall arrange for "dry runs"and/or make final submissions to appropriate authorities (regulatory agencies to include and not limited to City,County,State or Federal)as necessary,to ascertain thatthe Construction Documents meet the necessary requirements to obtain all the necessary permits for construction.The CONSULTANT shall respond to all technical questionsfrom regulatory agencies.The CONSULTANT shall modify,atno additional cost to CITY,inorder to acquirethe necessary permits. Page 5 of 31 Professional Service AGREEMENT Tpepe©I2-3l-I2 (Revised SK4-3-13,GM 6-18-13) 2.2.4 Phase IV -Bidding and Negotiation Phase: A Upon obtaining all necessary approvals ofthe Construction Documents,and approval by the CITYof the latest Statement of Probable Construction Cost,the CONSULTANT shall furnish the drawings and specifications as indicated abovefor bidding,and assist theCITYin 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 tothe CITY will tally,evaluate and issue a recommendation tothe CITY after verifying bond,insurance documents,questionnaire andreference submitted bytheconstructor. B.The CONSULTANT shall issue Addenda tothe Construction Documents through the CITYas appropriate to darify,corrector change Bid Documents. C.If Pre-Qualification of bidders is required assetforthintheRequestfor Qualification,the CONSULTANT shall assist Cityin developing qualification criteria,review qualifications of prospective bidders,and recommend acceptance or rejection ofthe prospective bidders. .D.If thelowestresponsible Base Bid receivedexceedstheTotalAllocated Funds the CITY may; 1.Approve the increasein Project Cost and awardaconstructioncontractor, 2.rejectal!bidsand rebid the Project within a reasonable timewithno change inthe Project,or 3.Direct theCONSULTANTto revise the Project scopeor quality,orboth,as approvedbytheCITY and rebid the Project,or 4.Suspendorabandonthe Project,or 5.Exercisealloptionsunder the City CharterandState Law. NOTE:Underitem (2)and(3)above,theCONSULTANT shall,without additional compensation, assisttheCITYin obtaining re-bids,and awarding the re-bid oftheprojectUnderitem(3)above, the CONSULTANT shall,vyithout additional compensation,modifytheConstructionDocuments as jiecessary to bringthe Probable Construction.C^the.TotalAllocated Funds,whenthe "fewest resj^estimate.Allconstructioncontracts mustbe approved bytheCity Commission aftertheCity awards thecontractfor commission approval. E.ForthepurposeofpaymenttotheCONSULTANT,the Bidding Phase willterminateand the services of the CONSULTANT will beconsidered complete upon signing of an AGREEMENTwithaContractor.Rejection of bidsby the CITYdoes not constitute cancellation of the project. 2.2.5 Phase V-General Administration of the Construction Contract A.The Construction Phase will begin withtheCity Commission approval ofthe award ofthe Construction Contractand will endwhenthe Contractor's final Payment Certificate is approvedandpaidby the CITY. B.The CONSULTANT,astherepresentativeof the CITYduringtheConstruction Phase, shall adviseandconsultwiththeCITYand shall haveauthority to actonbehalfoftheCITY Page 6of31 Professional Service AGREEMENT Tpepe©l2-3I-12 (Revised SK 4-3-13,GM 6-18-13) to the extent providedin the Genera!ConditionsandasmodifiedintheSupplementary Conditions of the Construction Contract. C.The CONSULTANT shall attendpre-constructionmeetings.^ D.The CONSULTANT shall at all times haveaccess to the project wherever itisin preparation or progress. E.The CONSULTANT shall visit the siteatleast weekly andat all keyconstruction events to ascertain the progress of the Projectand to determinein general if the WORK is proceedingin accordance with the ContractDocuments.On the.basis ofon-site observations,the CONSULTANT willusereasonableand customary care to guard the CITY against defectsanddeficienciesin the WORK The CONSULTANT mayberequired to providecontinuous daily on-siteobservationstocheckthequalityorquantity of the WORK as set forthinthisAGREEMENTanddefinedby the Scope of WORK issuedfor the individual project.On the basis of theon-siteobservations,the CONSULTANT will advisetheCITYastotheprogressofandanyobserveddefectsand deficiencies inthe WORK immediatelyinwriting. F.The CONSULTANT shall furnish theCITYwithawritten report of all observationsofthe WORK madebyhim during each Visit totheWORK.He shall alsonotethe general status and progress ofthe WORK,and shall submitsameinatimelymanner.The CONSULTANT shall ascertain at least monthlythatthe Contractor is making timely, accurate,andcompletenotationsonrecord drawings. G.Based onobservationsat the siteandontheContractor'sPayment Certificate,the CONSULTANT shall determine the amount due the Contractor on account and he shall recommend approval ofthe Certificate insuch amounts.The recommendation of approval ofa Payment Certificate shall constitutea representation by the CONSULTANT tothe CITYthat,the .CONSULTANT certifies to the CITYthatthe WORK has progressed to thepoint indicated,and the quality of the WORK isinaccordancewith the Contract Documentssubjectto: 1.An evaluation oftheWORKfor conformance withtheContract Documents upon substantialcompletion. 2.Theresultsofanysubsequenttests required bytheContractDocuments. 3.Minor deviations from theContractDocuments correctable priorto completion and acceptanceof the project H.TheCONSULTANT shall havean affirmative dutyto recommend rejection ofWORK, which does not conform to the Contract Documents.Whenever,in its reasonable opinion,theCONSULTANT 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 ortestingofany WORK deemednottobein accordance with the Contract Docunrients whether or not such WORK hasbeenfabricatedand deliveredto the Project,or installed andcompleted. I.The CONSULTANT shall promptly review and approve shop drawings,samples,and other submissions ofthe Contractor for conformance with the design concept ofthe Project and for compliance withtheContract Documents.Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. Page7 of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) J.The CONSULTANT shall review and recommend action on proposed Change Orders initiated by others,and initiate proposed change orders as required by its own observations orthe requirement ofthe CITY. K.The CONSULTANT shall examine theWORK upon receipt ofthe Contractor's Certificate of Substantial Completion ofthe Project.A Punch List of any defects and discrepancies intheWORK required,tobe corrected bythe Contractor shall be prepared bytheCONSULTANT in conjunction,with representatives ofthe CITY and satisfactoryperformanceobtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final paymenttothe Contractor.He shall obtain, fromtheContractor all warranties,guarantees,operatingand maintenance manuals for equipment,releases of lien and such otherdocumentsand certificates asmaybe required by applicable codes,laws,policy regulations,the specifications and the other Contract Documents anddeliver them to the CITY.. L.The CONSULTANT shall provide assistance in obtaining Contractor's compliance withthe ContractDocuments relative to,I)initial instruction ofCITY personnel intheoperation 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 ofthe project. M.The CONSULTANT shall provide thecontractorwiththreesetsof drawings labeled "Construction Plans"forpermitfrom Public Works. 2.2.6 Phase VI -Post Construction Administration v A.The CONSULTANT shall prepare and provide the CITYwith a written manual,tobe used bytheCITY,outlining the Implementation'plan of all the required maintenance necessary tokeeptheproposedWORK operational inasafeand effective manner- B.The CONSULTANT shall furnish tothe CITY,reproducible record fas-built)drawings updatedbasedon information furnished bythe Contractor:such drawings shall become the property ofthe CITY... C.The CONSULTANT shall assistintheinspection of the WORK onemonth before*the expiration ofany guarantee period orthesixthmonthwhicheveris earlier andreportany defective WORK intheProjectunderterms of the guarantee/warranties forcorrection. The CONSULTANT shall assist the CITYwith the administration of guarantee/warranties forcorrection of defective WORK thatmaybediscoveredduringthe said period. D.The CONSULTANT shall furnish theCitywitha 3-ring binder labeled "Close-out Documents"that will indude,asa minimum,acopyof: •Certificates of completion •As-Builts (1/2 size) •Test Results •Daily construction inspection reports •Progressmeetingminutes •Approved shop drawings •Warranty manuals as applicable fcige 8of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) to bebeyond the controlofthe CONSULTANT. 3.0 Time for Completion The services toberenderedbythe CONSULTANT foranyWORK shall be commenced uponwritten NoticetoProceed from the CITY subsequentto the executionofthis AGREEMENT and shall be completed within thetimebasedon reasonable determination,statedinthe said NoticetoProceed. Areasonableextensionoftime will begrantedintheevent there isadelayonthepartofthe CITY in fulfilling itspartofthe AGREEMENT,change of scope ofworkor should anyother events beyond the controloftheCONSULTANTrenderperformanceofhisduties impossible. 4.0 Basis of Compensation The CONSULTANT agreestonegotiatea "not toexceed"fee or a fixed sumfeeforeachoftheWORK assigned tohimbasedon the ScopeofsuchWORK.Upon AGREEMENT ofafee,the CITY will issuea written authorization to proceedtothe CONSULTANT.In caseof emergency,the CITY reservesthe righttoissueoralauthorizationtothe CONSULTANT,withthe understanding thatwritten confirmation will follow immediately thereafter as possible.Forreproductionofplansand specifications,beyondthe requirementsas identified under this AGREEMENT theCITY will pay the direct costs. Thefeesfor Professional ServicesforeachProject shall be determined by one ofthe following methods or acombinationthereof,asmutuallyagreeduponbytheCITYand the CONSULTANT. A fixed sum:Thefeeforatask or ascopeofworkmaybeafixedsumasmutuallyagreeduponby the CITY and the CONSULTANT: Hourlyratefee:TheCITYagreestopay,andtheCONSULTANTagrees to accept,fortheservices renderedpursuanttothis AGREEMENT,feesinaccordancewiththe following: Category Hourly Rate Principal $205.00 SeniorProjectManager $150.00 ProjectManager $125.00 SeniorStructuralEngineer $125.00 Senior Civil Engineer $120.00 Engineer $95.00 Construction Manager $95.00 Construction Inspection $72.00 Designer/Technician $77.00 SeniorCADD Operator $70.00 CADD Operator $62.00 DataProcessing/Clerical $48.00 Hourlyrates will include all wages,benefits,overheadandprofit Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) Page 10 of 31 5.0Paymentand Partial Payments The CITY will makemonthly payments or partial payments totheCONSULTANTfor all authorized WORK performed during the previous calendar month.For design and construction projects wherefee for each phase isnot specified,such payment shall,in the aggregate,notexceedthe percentage ofthe estimatedtotal Basic Compensation indicated belowfor 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 andoutline specifications of Phase 111. •75%<upon 100%completion and approval of Phases III and IV. •90%uponcompletionofthe Project and approval of all WORK Phase V). •100%upon final completion and approval ofWORKelementsA and Bof Phase VL TheCONSULTANT shall submit an original invoice totheCity's project representative foreach payment certifying the percentage ofthe WORK completedbytheCONSULTANT. Theamountofthe invoices submitted shall betheamountduefor all WORK performedto date,as certifiedbythe CONSULTANT, Therequestforpayment shall include the following information: Project Name and CONSULTANTS Name. Total Contract amount (CONSULTANTS lump sumnegotiated),if applicable. Percent of work completed. Amount earned. Amount previously billed. Due this invoice. Balance remaining. Summaryof work donethis billing period. Invoice number and date. CONSULTANTs.W-9 „"._....... UponrequestbytheCITYthe CONSULTANT shall providetheCITY with certified payroll dataforthe WORK reflecting salaries andhourlyrates. 6.0Right of Decisions Allservices shall beperformedbythe CONSULTANT to the satisfaction of the CITfs representative,who shall decide all questions,difficulties anddisputes of whatevernaturewhichmayariseunderorby reason of this AGREEMENT,the prosecutionand fulfillment ofthe services,and the character,quality,amountand valueandthe representative's decisionsupon all claims,questions,anddisputes shall be final,conclusive and binding uponthe parties unless such determination isdearly arbitrary or unreasonable.In the eventthat the CONSULTANT doesnotconcurinthe judgment ofthe representative astoany decisions madeby him,he shall present his written objections totheCity Manager and shall abide bythe decision oftheCity Manager. Nothing inthis section shall mean todenythe right to arbitrate,byeither party,in accordance with the appropriateArbitrationRules of the AmericanArbitration Association. Page 11 of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2(Revised SK4-3-13,GM 6-18-13) 7.0Ownership of Documents Allreportsand reproducible plans,andother data developedby the CONSULTANTforthepurposeof this AGREEMENT shall become the propertyoftheCITY without restrictionor limitation inconnection with the owner's useandoccupancyof the project Reuseof these documents without written AGREEMENTfromthe CONSULTANT shall bethe CITYS soleriskandwithout liability and legal exposure tothe CONSULTANT. When each individual sectionofthe WORK underthisAGREEMENTiscomplete all of the above applicable data shall be delivered to the CITY. 8.0 Court Appearances,Conferences and Hearings Nothinginthiscontract shall obligate theCONSULTANT to prepareforor appear in litigation onbehalfof the CITY without additional compensation except foranydispute arising out ofthiscontractunlessthe CONSULTANT oritsemployeeis subpoenaed to testifyasafactwitness.Theamount of such compensationfor expert preparation andtestimonyorconsultation shall be mutually agreeduponandbe subject to a supplemental AGREEMENT approved bytheCity Commissioners and uponreceiptofwritten authorization fromthe CITY prior to performance ofacourt appearance and conference. TheCONSULTANT shall conferwiththeCITYatanytime during construction oftheimprovement contemplatedasto interpretation of plans,correction oferrorsand omissions and preparation of any necessary plan thereoftocorrectsucherrors and omissions or clarify without added compensation. 9.0 Notices Any notices,reports or other written communicationsfrom the CONSULTANT to the CITYshallbe considereddeliveredwhenreceivedbytheCITY.Anynotices,reportsorother communications fromthe CITY to theCONSULTANT shall be considered delivered whenreceivedbytheCONSULTANTorits authorized representative 10.0 Audit Rights The CITY reserves the right to audit the records of the CONSULTANT related to thisAGREEMENTat anytime during theexecutionofthe WORK and for a period ofoneyearafter final payment is made.This provisionis applicable only to projectsthatareonatimeandcost basis. 11.0 Subletting TheCONSULTANT shall not sublet,assign,or transfer any WORK underthis AGREEMENT withoutthe prior written consent of the CITY. 12.0 Warranty The CONSULTANT warrants thatit has not employed or retained any company or person,other than a bona fide employeeworking solely fortheCONSULTANT,to solicit orsecurethiscontract and thathe has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee,commission,percentage fee,gifts or any other considerations contingent upon or resulting from the award or making of this contract For breach or violation of this warranty,the CITY shall have the right to annul thiscontractwithout liability,. Page !2of31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK4-3-13,GM 6-18-13) 13.0 Termination of AGREEMENT It \s expressly understood and agreed thatthe CITY may terminate this AGREEEMENT without penalty by declining to issue Notice to Proceed authorizing WORK,in which eventthe CITY'S sole obligation tothe CONSULTANT shall be payment forthe WORK previously authorized and performed in accordance with the provisions ofthis AGREEMENT,such payment tobe determined onthe basis ofthe WORK performed bytheCONSULTANTupto the timeoftermination. Upon termination,the CITY shall be entitled toa refund of any monies paid forany period oftime subsequent todateof termination for which ho work was performed. 14.0 Duration ofAGREEMENT . This AGREEMENT is foratime period ofthree (3)years,commencing upon approval and execution of AGREEMENT,This AGREEMENT .shall remain in force until the actual completion of performance ofa given projectawarded tothe CONSULTANT,/or unless otherwise terminated bythe CITY. 15.0 Renewal Option This.AGREEMENT may be renewed,at.the sole discretionofthe CITY,foran additional period not to exceedatotal contract period,including renewals,ofone (I)year. 16.0 Default ' In theeventeitherparty fails to comply with the provisions ofthis AGREEMENT,the aggrieved party may declaretheotherpartyin default and notify him in writing.In such event,the CONSULTANT will onlybe compensatedforanycompleted professional services.In theeventpartialpaymenthasbeenmadeforsuch professionalservices not completed,the CONSULTANT shall return such sums,to the CITYwithinten (10)days afternoticethat said sumsaredue.In theeventofany litigation between the parties arising out of or relating inanywayto this AGREEMENT ora breach thereof,eachparty shall bearitsowncostsand legal 17.0 Insurance and Indemnification, The CONSULTANT shall maintain duringthetermofthis AGREEMENT theinsuranceas set forthin "Attachment A,Insurance and Indemnification"to thisAGREEMENT. 18.0 AGREEMENT Not Exclusive Nothing inthis AGREEMENT shall preventthe CITY from employing other CONSULTANTS toperform the same or similar services. 19.0 Codes;Ordinances and Laws The CONSULTANT agrees to abideandbegovernedby all dulypromulgatedand published municipal, County,stateandfederalcodes,ordinances,rules,regulations andlawsineffectat the timeofdesignwhich haveadirectbearingontheWORK involved onthis project TheCONSULTANTisrequiredtocomplete and sign all affidavits,including Public Entity Crimes Affidavit form (attached)pursuant to FS 287.133(3)(a), asrequiredbytheRequestfor Qualifications applicable tothis AGREEMENT. Page 13 of 31 Professional Service AGREEMENT •Tpepe©l2-3U2 (Revised SK 4-3-13,GM 6-18-13) 20.0 Taxes CONSULTANT shall be responsible for all payments of federal,state,and/or local taxes related to the Operations,inclusive of sales taxif applicable. 21.0.DrugFree Workplace CONSULTANT shall complywiththeDrug Free Workplace policy setforthinattachment#two whichis madeapartofthis AGREEMENT byreference. 22.0Independent Contractor CONSULTANT isanindependententityunderthisAGREEMENTandnothingherein shall beconstruedto createapartnership,joint venture,oragency relationship between theparties. 23.0 Duties andResponsibilities CONSULTANT agrees to provideitsservicesduringthe term of thisAGREEMENTinaccordancewith all applicable laws,rules,regulations,andhealthandsafety standards ofthe federal,state,andCity,whichmay be applicable to the servicebeing provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses atitssoleexpensepriorto executing the AGREEMENT.- 25.0EntiretyofAGREEMENT Thiswritingembodies the entire AGREEMENT and understanding betweenthepartieshereto,andthere areno other AGREEMENTS and understandings,oral orwritten,withreferencetothesubjectmatter hereofthatarenotmergedherein and superseded hereby. Noalteration,change,ormodificationof the terms of thisAGREEMENT shall be valid unlessmadein writing and signed byboth parties hereto,and approved bytheCity Commissioner if required by municipal ordinance or charter. 26.0Jury Trial CITY and CONSULTANT knowingly,irrevocably voluntarily and intentionally waive any right either may have toa trial by jury inStateor Federal Court proceedings inrespecttoany action,proceeding,lawsuit or counterclaim arising out oftheContractDocumentsorthe performance ofthe Work thereunder. 27.0 Validity of ExecutedCopies This AGREEMENT may beexecuted in several counterparts,each of which maybe construed as an original; 28.0Rulesof 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 14 of 31 Professional Service AGREEM ENT tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) 29.0 Severability if any termor provision ofthis AGREEMENT orthe application thereofto any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder ofthis AGREEMENT,orthe application of such term or provision to personsor circumstances other than those to whichitisheld invalid or unenforceable,shall notbeaffectedtherebyand each term and provision ofthis AGREEMENT shall be valid and enforceable tothe fullest extent permittedby law. 30.0 Non-Waiver CITY and CONSULTANT agree thatno failure to exercise and no delay in exercising any right,poweror privilege underthis AGREEMENT onthepartofeither party shall operateasawaiverofany right,power, or privilege underthis AGREEMENT.No waiver ofthis AGREEMENT,inwholeorpart including the provisions ofthis paragraph,maybe implied byanyactoromissionandwillonlybe valid andenforceableif inwritinganddulyexecutedbyeach of the parties tothis AGREEMENT.Any waiverofanyterm,condition or provision ofthis AGREEMENT will notconstitutea waiver ofanyotherterm,condition or provision hereof,nor will awaiverofany breach of anyterm,condition or provisionconstituteawaiver of any subsequent or succeedingbreach. 31.0 No Discrimination Noaction shall betakenby the CONSULTANT whichwoulddiscriminateagainstanypersonon the basis of race,creed,color,national origin,religion,sex,familial status,ethnicity,sexualorientationor disability. The CONSULTANT shall complywith the Americanswith Disabilities Act 32.0 Equal Employment In accordancewith Federal,State andLocal law,the CONSULTANT shall not discriminate againstany employeeor applicant for employment becauseof race,color,ethnicity,religion,sex,sexualorientation, national origin or handicap.The CONSULTANT shall complywith all aspects of theAmericanswith Disabilities Act (ADA)during the performance of this contract 33.0 Governing Laws ...„_..__„..._...... This AGREEMENT and the performance of services hereunder will be governed bythe laws oftheStateof Florida,with exclusive venuefortheresolutionof any disputebeingacourt of competent jurisdiction in Miami-Dade County,Florida. 34.0 Effective Date This AGREEMENT shall notbecomeeffectiveand binding until ithasbeenexecutedbyboth parties hereto and the effectivedate shall be the date of itsexecutionbythelastpartyso executing it 35.0ThirdParty Beneficiary It is specifically understood and agreed thatnoother person orentity shall bea third party beneficiary hereunder,and thatnoneof provisions ofthis AGREEMENT shall beforthebenefitoforbe enforceable by anyone other than the parties hereto,and thatonlythe parties hereto shall haveany rights hereunder. Page 15 of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) 36.0 Further Assurances Theparties heoeto agree to executeanyand all otherandfurtherdocumentsasmightbe reasonably necessaryinorderto ratify,confirm,andeffectuate the intent andpurposesof the AGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation ThisAGREEMENT shall hot beconstrued more stronglyagainsteitherparty hereto,regardless of who was more responsibleforits preparation. 39.0ForceMajeure Neitherparty hereto shall bein default ofits failure toperformits obligations underthisAGREEMENTif causedbyactsofGod,civil commotion,strikes,labor disputes,or governmental demands or requirements that could notbe reasonably anticipated andthe effects avoided or mitigated.Each party shall notifythe other of anysuch occurrence. 40.0 Notices Whenevernotice shall be required orpermitted herein,it shall be delivered by hand delivery,e-mail, facsimile transmission or certified mail,withreturnreceiptrequestedand shall bedeemeddeliveredonthe date shownonthe delivery confirmation orifby certified mail,the date onthe return receipt orthe date shownasthedatesamewas refused or unclaimed.Notices shall be delivered tothe following individuals or entitiesatthe addresses (including e-mail)or facsimile transmission numberssetforth below: r,^rfcgvfc^A-ky/ty*Pgyi~To CITY: With copiesby U.S.mailto: To CONSULTANT: Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-18-13) CityManager, 6130 Sunset Drf South Miami,FL 33143 Fax:^VS-bte'j-(*%<}& E-mail:Sfl/^>!>UiPeiZ~<g.Sooj-j^rYMAmif^^osr City Attorney,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax (305)341-0584 E-mail:tpepe@southmiamifl.gov SRS Engineering,Inc. 500)SW 74*Court,Suite 201 Miami,FL 33155 Fax:305-662-8858 ignacio@srs-corp.com Page 16 of 31 IN WITNESS WHEREOF,this AGREEMENT is accepted on the date first above written subject to.the terms and conditions sg^orth herein.CCONTRACTORftif tj f * Signature:<^\"S<Xa^^A'^^ Name:/Ignacio Serralta Title:^ OWNER:CITY OF S< lage,Legality and Execute Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) Page 17 of 31 Presigift Attachment A Insurance and Indemnification Page 18 of 31 Professional Service AGREEMENT Tpepe©12-31 -12 (Revised SK 4-3-13,GM 6-18-13) Insurance and Indemnification !.Insurance and Indemnification Without limiting its liability,the proposing firm shall be required to procure and maintain atitsown expense during the life ofthe Contract,insurance ofthetypes and inthe minimum amounts stated belowas will protectthe proposing firm,from claims which may arise outoforresultfromthe proposing firm's executionofacontractwiththeCityofSouth Miami for Performance Based Audits, whether such executionbythe firm orby any sub-consultant,orbyanyone directly or indirectly employedbyany of them orbyanyoneforwhoseactsanyofthemmaybe liable. The CONSULTANT shall not commence work on this AGREEMENT untilhehas obtained all insurance required bythe CITY.The CONSULTANT shall indemnify and save theCITY harmless from any and all damages,daims,liability,losses and causes of actions of any kind or nature arising out of a negligent error,omission,oractoftheCONSULTANT,its agents,representatives,employees, Sub-Contractor,or assigns,incident to arising out of or resultingfrom the performance of the CONSULTANT'S professional services under this AGREEMENT.TheCONSULTANT shall pay all claims and lossesofany kind ornature whatsoever,inconnectiontherewith,including theCITY'S attorney's fees andexpensesinthe defense of any action in law orequity brought against the CITY arising from the negligent error,omission,oractofthe CONSULTANT,its agents,representatives, employees,Sub-Contractor,or assigns,incident to,arising outofor resulting fromtheperformanceof the CONSULTANT'S professionalservicesunderthis AGREEMENT. TheCONSULTANT agrees and recognizes thattheCITY shall notbeheld liable or responsible for any claims,including the costsandexpensesofdefendingsuch claims whichmayresultfromorarise out of actions or omissions of the CONSULTANT,itsagents,representatives,employees,Sub- Contractors,sub-contractors,or assigns.In reviewing,approving orrejectinganysubmissionsoracts of the CONSULTANT,the CITYinnowayassumesorsharesresponsibilityor liability of the CONSULTANTS,Sub-Contractors,theiragents or assigns. The CONSULTANT shall maintain during the term of thisAGREEMENTthe following insurance: A.Professional Liability Insuranceona Florida approvedformin the amount of $1,000,000 with deductibleperclaimif any,not to exceed5%of the limit of liability providing for all sumswhich the CONSULTANT shall become legally obligated to payas damages forclaims arising out of theservices or work performed bythe CONSULTANT itsagents,representatives,Sub- Contractors or assigns,orbyanypersonemployedorretainedbyhiminconnectionwiththis AGREEMENT.This insurance shall be maintained forfouryears Insurance and Indemnification July 25,2012 aftercompletionoftheconstructionandacceptanceofanyProjectcoveredbythis AGREEMENT,However,the CONSULTANT may purchase Specific Project Professional Liability Insurance,intheamountandundertheterms specified above,whichisalso acceptable. B.Comprehensive general liability insurancewithbroadform endorsement,ona Florida approved form including automobile liability,completedoperationsandproducts liability,contractual liability,severability of interest withcross liability provision,andpersonalinjuryandproperty damage liability withlimits of $1,000,000 combined single limitperoccurrenceand $2,000,000 aggregate,including: a.Personal Injury:$1,000,000; b,Medical Insurance $25,000perperson; Page 19 of 31 Professional Service AGREEMENT Tpepe©12-3I-I2 (Revised SK 4-3-13,GM 6-18-13)* c.Property Damage:$500,000eachoccurrence; d.Automobile Liability:$1,000,000 eachaccident/occurrence. C.Umbrella Commercial General Liability insurance ona Florida approved formwiththesame coverage as the primary insurance policy but in.theamountof$1,000,000 per claim. The CITY must be named asadditional "named"insuredforall except Workers'Compensation, andreflect the indemnification and hold harmless provision containedherein.Policy mustspecify whetheritis primary or excess/umbrella coverage.TheCITYmustreceive 10 days advance writtennoticeofany policy modification and30 days advance writtennoticeof cancellation, including cancellation for non-payment of premiums.All insurance must remain in full forceand effect for the duration of thecontractperiodwiththeCITY.The CONSULTANT mustprovide notonlya "certified copy"ofthe Binder but also the Policy itselfwiththe name,address and phone number of the agentandagencyprocuringtheinsurance. D.Workman's Compensation insurance in compliance withChapter 440,Florida Statutes,as presently-writtenorhereafteramended. E.The policies shall contain waiver of subrogation against theCITYwhere applicable,shall expresslyprovidethatsuch policy or policies are primary overanyother collective insurance thattheCITYmayhave.The CITY reservestherightatanytime to requestacopyofthe required policies forreview.All policies shall contain a "severability ofinterest"or"cross liability"clausewithout obligation for premium paymentof the CITY. F.All of theabove insurance requiredtobe provided by the CONSULTANT istobe placed with BESTrated A-8 (A-VIII)or better insurancecompanies,qualified to dobusinessunder the laws of the State of Florida onapproved Florida forms. The CONSULTANT shall furnish certifiedcopiesof all "Binders"orcertificatesof insurance to the CITY priortothe commencement ofoperations,which "Binders"or certificates shall clearly indicate that the CONSULTANT hasobtainedinsurancein the type,amount,and classification asrequiredforstrictcompliancewiththisSectionand that noreductioninlimitsby endorsement during the policyterm,or cancellation of this insurance shall beeffective without thirty (30)daysprior written noticeto the CITY. Compliancewith the foregoingrequirements shall not relieve the CONSULTANT of his liability andobligationsunderthisSectionorunderany other portion of thisAGREEMENT. CONSULTANT agrees to supplycopies of certificates of insurance to the CITY verifying the above-mentioned insurance coverage CONSULTANT agrees to list theCITYasanAdditional Insured of the CONSULTANTS General liability insurance and shall providetheCITY quarterly reports concerninganyand all claims. Page 20of 31 Professional Service AGREEMENT Tpepe©!2-3U2 (Revised SK 4-3-13,GM 6-18-13) Exhibit 2 <<'Affidavits and Forms" (Respondents must complete and submit with their proposal.) Page2lof31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (Revised SK4-3-13,GM 6-18-13) EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement under Seaion 287.1 33(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"shallbe completed and provided with the proposal submittal. 2.Neither the CONSULTANT,noranyofhis/her/its employees shallbe permitted to represent anyclient before the Commission or any Committee,department or agencyof the CITY,and shall agree not to undertake any other private representation whichmight create aconflictof interest with the CITY.The CONSULTANT may not represent any Commission member, individually,or,any member oftheir family or anybusinessinwhichtheCommissionmemberof their family hasan interest. 3.All proposals receivedwillbe considered public records.TheCITYwill consider all quotations using suchcriteriaasthe Commission or City Manager mayadoptateitheroftheirsole discretion.The CONSULTANT selected willbe required to enter intoaformal AGREEMENT with the CITYinaformsatisfactory to the CITY,prior to the execution ofwhichtheCITYshall reserve allrights,including the right to changeits selection. 4.Respondent's Attachment #2 "Drug Free Workplace"form shall becompletedand providedwith the proposal submittal. 5.Respondent's Attachment #3 "No Conflict of Interest Non Collusion Affidavit,"shall be completed andprovidedwith the.proposal submittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards/'shall becompletedandprovidedwith the proposalsubmittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shallbe completedandprovidedwiththeproposalsubmittal. Page22of 31 Professional Service AGREEMENT Tpepe©12-31-12 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENTS PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuanttotheprovisionsof Paragraph (2)(a)ofSection 287.133,Florida StateStatutes -"A person or affiliate whohasbeen placed onthe convicted vendorlist following a conviction fora public entitycrime maynotsubmita Bid ona Contract to provideanygoodsorservicestoapublicentity,maynotsubmit aBidona Contract with a publicentityfor the constructionorrepairofapublic building orpublic work,maynotsubmit bids on leases ofrealpropertytoa public entity,maynotbeawardedtoperform work asa Contractor,supplier,Subcontractor,or Consultantundera Contract withany public entity, andmay not transact businesswithanypublicentityinexcessofthethreshold amount CategoryTwoof Section 287.017,FloridaStatutes,forthirtysix(36)months from the dateofbeingplacedon the convicted vendor list". The awardofany contract hereunder issubject to the provisionsof Chapter I 12,Florida StateStatutes. TheCONSULTANTmustdisclosethenameofany officer,director,partner,associateoragentwhois alsoanofficer or employee of theCityofSouth Miami orits 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 issubmitted to CityofSouth Miami (print name ofthe public entity] By.Ignacio Serralta.President For SRSEngineering.Inc. whose business address is:5001 SW 74th.Ct..Suite 201 Miami.FL33ISS :and(if applicable)its-Federal Employer Identification Number (FEIN)is:65-0607552 (If the entityhasno FEIN,include the SocialSecurityNumberofthe individual signing this sworn statement:\) 2.I understandthata "public entitycrime"as defined inParagraph 287.133 (I)(g),Florida Statutes,meansaviolationofany state or federallawbya person with respect to anddirectly related to the transaction ofbusinesswithanypublic entity or withanagency or political subdivision of any other state or of the UnitedStates,including,but not limited to,anybid or •contract forgoods or services to beprovidedtoanypublicentity or anagency or political subdivisionofany other state or of the United Statesand involving antitrust,fraud,theft, bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understandthat "convicted"or "conviction"asdefinedin Paragraph 287.133 (l)(b),Florida Statutes,meansa finding ofguilt or aconvictionofapublicentitycrime,withor without an adjudication of guilt,inany federal orstate trial courtofrecord relating to charges broughtby Page 23 of 31 j Professional Service AGREEMENT j Tpepe©l2-3I-I2 (Revised SK4-3-13,GM 6-18-13)| j i i i i I indictmentorinformationafter July I,1989,asaresult of ajury verdict,non-jury trial,orentry ofaplea of guilty or nolocontender. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133 (I )(a),Florida Statutes, means: (a)A predecessor orsuccessor of apersonconvictedofa public entity crime;or (b)An entity under the control of any natural personwhoisactivein the management of theentityandwhohasbeenconvictedofa public entitycrime.The term "affiliate"includes those officers,directors,executives,partners,shareholders,employees,members,andagents Whoareactivein the management of an affiliate.The ownership by one person of shares constituting acontrolling interest inanyperson,orapooling of equipment orincomeamong persons when not for fair market value under anarm'slengthAGREEMENT,shall beaprima facie casethatonepersoncontrolsanotherperson.Apersonwhoknowinglyentersintoajoint venture withaperson who hasbeen convicted ofapublic entity crimein Florida during the preceding36 months shallbe considered anaffiliate. 5.I understand that a"person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany naturalpersonor entity organizedunder the laws of anystateorof the UnitedStateswiththe legal power to enter intoabinding contract andwhichbids or applies to bidon contracts for the provision of goodsorservicesledbyapublicentity,orwhich otherwise transacts or applies to transactbusinesswitha public entity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,andagents who areactivein managementofan entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entity submittingthissworn statement.[Indicate whichstatement applies.] X Neither theentitysubmittingthisswornstatement,noranyofitsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementof the entity,norany affiliate of the entityhasbeenchargedwithandconvictedof a public entity crime subsequent to July I,1989. _,,__The entitysubmitting this swornstatement,oroneormoreofitsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementof the entity,or an affiliate of the entity hasbeenchargedwithandconvictedofa public entitycrime subsequent to July I,1989. The entity submittingthissworn statement,or one or more ofitsofficers,directors, executives,partners,shareholders,employees,members,oragents who areactivein the managementoftheentity,oran affiliate of theentityhasbeen charged withandconvictedofa public entitycrimesubsequentof July I,1989.However,therehasbeenasubsequent proceeding beforea Hearing Officer oftheStateof Florida,Division of Administrative Hearings and the Final Orderenteredbythe Hearing Officer determined thatitwasnot in the public interest to placetheentitysubmittingthissworn statement ontheconvictedvendorlist. [Attachacopy of die 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 AMREQUIRED TO INFORMTHE Page24 of 31 Professional Service AGREEMENT Tpepe©12-3 M 2 (Revised SK 4-3-13,GM 6-18-13) PUBUCENTITYPRIOR TO ENTERINGINTOA CONTRACT IN EXCESS OFTHETHRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES,FOR CATEGORYTWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.r .Jfc: Sworntoand subscribed beforemethis27dayof,June 2013 XPersonallyknown or Produced identification (Type of identification) (Printed,typed or stamped commissioned name of notary public) Page25of 31 Professional Service AGREEMENT Tpepe©l2-3L12 (RevisedSK 4-3-13,GM 6-18-13) Notary Public-State ofFlorida Mycommission expiries July23,2016 RALPHA.PEREDA MYCOMM»S8tON#E6ie8830 DCRRE8 July 23,2Q16 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bidswhichareequalwith respect to price,qualityandservicearereceivedby the State or byany political subdivisions forthe procurement ofcommoditiesorcontractualservices,a Bidreceivedfromabusiness that certifies that ithas implemented a drug-free workplace program shall begiven preference in the awardprocess.Established procedures forprocessingtie Bids will be followedifnoneof the tied vendors haveadrug-free workplace program.In order tohavea drug-free workplace program,abusinessshall: 1.Publish a statement notifyingemployees that the unlawfulmanufacture,distribution,dispensing, possession,or useofacontrolledsubstanceis prohibited in the workplaceand specifying the actions that willbetakenagainstemployeesforviolationsofsuchProhibition. 2.Inform employeesaboutthe dangers ofdrugabusein the workplace,the business'policy of maintaining adrug-free workplace,any available drug counseling,rehabilitation,andemployee assistance programs,andthe penalties that may beimposeduponemployeesfordrugabuse violations. 3.Giveeachemployeeengagedinprovidingthe commodities or contractual services that are under Bid acopyof the statement specified inSubsection (I). 4.In the statement specified in Subsection (I),notifythe employees,that,asaconditionofworking on the commodities or contractualservices that are under Bid,the employee will abidebythe termsof the statement and will notifytheemployerofany conviction of,orpleaof guilty or nolo contender to,any violation of Chapter 893 or ofanycontrolledsubstancelawof the United States or anystate,fora violation occurringin the workplacenolaterthan five (5)days after such conviction. 5.Imposeasanctionon,orrequirethesatisfactoryparticipation in adrugabuseassistanceor rehabilitationprogram,ifsuchis available intheemployee'scommunity,byanyemployeewhois so convicted. 6.Makeagoodfaith effort to continueto maintain adrug-freeworkplacethroughimplementation of this section. Asthepersonauthorized to sign the statement,I certify that thisfirmcomplies fully withtheabove requirements. ^4;.Noa^<proposer's aV Jl—» Signature:C3*K YU^a-**<—n Print Name:Ignacio Serralta Date:June27.2013 Page26of3l Professional Service AGREEMENT Tpepe©!2-31-12 (RevisedSK 4-3-13.GM 6-18-13) ATTACHMENT #3 "NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this27dayofJune,2013, The undersigned,as CONSULTANT,declaresthattheonlypersonsinterestedinthis AGREEMENT are namedherein;that no other personhasany interest inthis AGREEMENT; Thatthisresponseismadewithoutconnection or arrangementwithany other person;and that this response is inevery respect fairandmadein good faith,without collusion or fraud. TheCONSULTANTagreesifthisresponse/submissionisaccepted,to execute an appropriate CITY documentforthepurposeof establishing aformal contractual relationship betweenthe CONSULTANT and the CITY,for the performanceofall requirements to which the response/submissionpertains. The full-names andresidencesofpersonsandfirmsinterestedinthe foregoing bid/proposal,as principals,are asfollows: Ignacio Serraka,President 8401 SW94St..Miami.FL 33156 The CONSULTANT furthercertifiesthatthis response/submission complies withsection4(c)ofthe Charter of the CityofSouth Miami,Florida.That,to the bestofitsknowledgeand belief,no commissioner.Mayoror other officer or employeeofthe CITY hasan interest directly or indirectly in theprofitsor emoluments ofthe Contractjob,workorserviceto which the response/submission pertains.A C */. Signature:wr«\i£/w^*J*U*—^ Printed Name:Ignacio Serralta Title:President Telephone:(305^662-8887 CompanyName:SRS Engineering.Inc. NOTARY PUBLIC: STATE OF Florida COUNTY OF Miami-Dade Page 27 of 31 Professional Service AGREEMENT Tpepe©l2-3I-I2 (RevisedSK4-3-13,GM 6-18-13) The foregoing instrument was acknowledged beforemethis27dayof June,2013 by Ignacio Serralta(nameofpersonwhosesignatureisbeingnotarized)whois XPersonallyknownor .Personal identification SEAL Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK 4-3-13,GM 6-!8-13) Page 28 of 31 TypeofIdentification Produced Did take an oath,or Did Not take an oath. RalphAPereda (Name of Notary Public:Print,Stamp ortypeas commissioned.) RALPH A,PEREDA MYOOMMSS»NffeE166830 EXPtRE8Ju*y23,20ie ATTACHMENTS "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THECITYOF SOUTH MIAMI We,SRS Chl<aidegg|»J&M&.(Name of Contractor),hereby acknowledge and agree that as CONSULTANT,as specified fiave the sole responsibility for compliance with alt the requirements of the Federal Occupational Safety and Health Actof 1970,and all State and local safety and health regulations,and agree to Indemnify and hold harmless theQtyof South Miami against any and all liability, daims,damages,losses and expenses theymay Incur duetothe failure of (subcontractor's names): to comply with such actor regulation. by:/teiiftfeto QetiAAcrA- Name"TWName1fffeCr»tl Title Page30of32 Professional Service AGREEMENT Tpepe®l2-3M2 (Revised SK 4-3-13,GM 6-18-13) ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Ignacio Serralta.individually andonbehalfof SRS Engineering.Inc.("Firm") [ComponylVendorlEnihy] haveread die CityofSouth Miami (CITY)'s Code of Ethics.Section 8A-1 of the CITYs Codeof Ordinances and I herebycertify,underpenaltyofperjury that to thebestofmyknowledge,information and belief: 1.Neither I nor theFirmhaveanyconflictof interest (asdefinedinsection 8A-1)withregard to the contract or business that I,and/or the Firm,am(are)about to perform for,or to transact with,the CITY,and 2.Neither I nor anyemployees,officers,directors oftheFirm,noranyonewhohasa financial interest greater than 5%in the Firm,hasanyrebtive{s),asdefinedin section 8A-I,whoisan employee of theCITY or whois(are)anappointed or elected official of the CITY,or who ls(are)a member ofanypublicbody created bytheCityCommission,i.e.,aboard or committee of the CITY,and 3.Neither I northeFirm,noranyonewhohasa financial interest greater than 5%intheFirm,nor anymemberof those persons'immediate family (i.e.,spouse,parents,children,brothers and sisters)has transacted or entered intoany contracts)withthe CITY or hasa financial interest, direct or indirect,inanybusinessbeing transacted with the CITY,or withanyperson or agency actingfor the CITY,other thanas follows:(usea separate sheet to supply additional information that will not fitonthisline but make reference to the additional sheet whichmustbeSigned under oath). 4.Noelectedand/orappointed official or employeeof the Cityof Miami,or anyoftheir immediate family members (Le.,spouse,parents,children,brothers andsisters)hasa financially interest,directly or indirectly,in the contract between you and/or your Firmandthe CITY other than the following individuals whose interest is set forthfollowing their names:^ N/A .(usea separate sheet to supplyadditionalinformation that will not fitonthislinebutmake reference to the additional sheet which mustbe signed underoath).Thenamesof all CITY employees and that of all elected and/or appointedCITY officials orboardmembers,whoown,directlyor indirecdy,an interest of five percent (5%)or moreof the totalassetsofcapitalstockinthefirm are as follows: N/A (usea separate sheet to supplyadditionalinformation *that will notfitonthislinebutmakereference to theadditional sheet whichmustbesigned under oath). 5.I andthefirmfurtheragreenottouse or attempt to useany knowledge,propertyorresource whichmaycome to usthrough our positionof trust,or through our performanceof our duties underthetermsof the contractwiththe CITY,tosecurea special privilege,benefit,or exemptionforourselves,or others.We agreethatwemaynot disclose or use information,not available to members ofthe general public,forour personal gain or benefit orforthe personal gain or benefitofany other person or business entity,outsideofthenormal gain or benefit anticipated through the performance of the contract. Page30of 31 Professional Service AGREEMENT Tpepe©!2-31-12 (Revised SK4-3-13,GM 6-18-13) 6.I and the Firm hereby acknowledge thatwe have not contracted or transacted any business with the CITY or any person or agency acting for the CITY,and thatwe have not appeared in representation ofanythird party beforeany board,commission or agency oftheCITYwithin the past two years otherthanas follows:(use a separate sheetto supply additional information that will not fitonthislinebutmakereferencetothe additional sheetwhichmustbesigned under oath).Neither I norany employees,officers,ordirectorsofthe Firm,norany of their immediate family (i.e.,asaspouse,son,daughter,parent,brotherorSister)is related byblood or marriage to: (i)any member oftheCity Commission; (ii)anyCITYemployee;or (iii)any member ofanyboardor agency oftheCITY other thanas follows: N/A (useaseparate sheet tosupply additional information that will notfitonthislinebutmakereference to the additional sheet whichmustbesigned underoath). 7.Noother Firm,noranyofficersordirectorsofthatOther Firm oranyonewhohasa financial interestgreaterthan 5%inthat Other firm,norany member of those persons'immediate family (i.e„spouse,parents,children,brothers and sisters)noranyofmyimmediate family members (hereinafter referredtoas "Related Parties")has respondedtoa solicitation bytheCITYin which I orthe Firm that I representoranyonewhohasa financial interest greater thari 5%in the Firm,or any member of those persons'immediate family (Le.spouse,parents,children, brothersandsisters)havealsoresponded,otherthan the following: N/A •,(useaseparate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must besigned under oath). 8.I andthe Firm agreethatweare obligated tosupplement this Verification Formandinform the CITY of anychangeincircumstancesthatwouldchangeouranswers to.this document. Specifically,after the openingofanyresponsestoa solicitation,I and the Firm havean obligation to supplement this Verification Form with the name of ail Related Parties who havealso responded to the samesolicitationand to disclose the relationship of those parties to me and the Firm. 9.A violation of the CITYs Ethics Code,the giving ofany false informationorthe failure to supplement thisVerificationForm,maysubjectmeor the Firm to immediatetermination of any AGREEMENTwith the CITY,and the impositionof the maximumfineand/oranypenalties allowedbylaw.Additionally,violationsmaybeconsideredbyandsubject to actionby the Miami-Dade County Commission on Ethics. Underpenaltyofperjury,I declare that I havemadeadiligent effort to investigate the matters to which I amattestinghereinaboveandthat the statements madehereinaboveare true and correct to the best of my knowledge,information ftnd^bf lief,fj j Signature: tion ftndfcb4lief.ft /. PrintName&Title:Ignactor Serralta.President Date:Jung 27,2013 ATTACHED:Sec 8A-1 -Conflict of interest and code of ethics ordinance. Page3lof3l Professional Service AGREEMENT Tpepe©12-31-12 (RevisedSK 4-3-13,GM 6-18-13) RESOLUTION NO.:120-13-13938 A Resolution authorizing the CityManagerto 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,Trafficand Transportation Engineering. WHEREAS,theMayorandCityCommission desires to enter into service agreements forprofessional services forthe following categories:Architecture,Landscape Architecture,Civil/Environmental Engineering,Traffic and Transportation Engineering;and WHEREAS,onApril 26,2013 a request forqualificationRFQ #PW-S2013-04 was released by the Cityfor these services;and WHEREAS,theCity received solicitationfromthirty-three(33)firms;and WHEREAS,pursuant toFlorida Statute 287.055 forCCNA,the City review committee conducted thorough reviews of the firm's qualifications,and upon evaluation the firms were ranked;and WHEREAS,the City selected afive(5)qualifiedfirmsfor each category to provide the professional services to the City as follows;and Civil 1. 2. 3. 4. 5. EAC CONSULTING,INC CIVIL WORKS JNC ADA ENGINEERING,INC SRS ENGINEERING,INC RJ BEHAR &COMPANY INC ENGINEERS,PLANNERS Traffic &Transportation 1.TY UN INTERNATIONAL/HJ ROSS 2.THE CORRADINO GROUP 3.MARUN ENGINEERING 4.CH PEREZ CONSULTING ENGINEERS,INC. 5.URS 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL &PARTNERS 3 SOL-ARCH,INC 4R.E.CHISHOLM ARCHITECTS,INC 5 INDIGO SERVICE CORPORATION Environmental 1.RJ BEHAR &COMPANY INC ENGINEERS,PLANNERS 2.MiLlAN SWAIN AND ASSOCIATES 3.STANLEY CONSULTANTS,INC 4.BALJET ENVIRONMENTAL,INC. 5.LANGAN ENGINEERING Structural 1.SRS ENGINEERING,INC 2.G BATISTA &ASSOCIATES 3.STANLEY CONSULTANTS,INC Landscape i.._.d:leary_righards.desi.gn.A—: r 'A§§0EKTE§"" 2.BERMELLO AJAMIL &PARTNERS 3.ROSENBERG GARDNER DESIGN 4.CURTIS +ROGERS DESIGN STUDIO.INC 5.KIMLEY HORN &ASSOCIATES WHEREAS,theMayorandCityCommission desires toauthorizetheCity Manager to negotiate hourly rates and execute a service agreement with the highest ranked firm. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCityManagerisherebyauthorizedtonegotiatehourly rates and execute aprofessional service agreement inthe same formaspublishedinRFQ #PW-S2013-04 in accordance withtheprocedure set forthinFlorida Statute 287,055 (Consultant'sCompetitive Negotiation Act). Pg.2 of Res.No*120-13-13938 Section2:The agreements shall be approved by resolution prior to being signed bythe City Manager. Section 3;Ifanysectionclause,sentence,orphraseofthis resolution is for anyreasonheld invalid or unconstitutional bya court ofcompetentjurisdiction,the holding shall notaffectthe validity ofthe remaining portions of this resolution. Section 4,This resolution shalltakeeffect immediately upon adoption. PASSED AND ADOPTED this 4th day of June 2013. READ AND>5^PROVEa^TfTBORM LANGJ^^EGALIT/>4lli£XECUTI0 N THE COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea City of South Wia.m't Sputh Miami PUBLIC WORKS&ENGINEERING DEPARTMENT (hf^M 4795^W75m Avenue 'AfiSffip- Miami,FL 33155 SIIiTt TeL (365^663^350Fax;(M5):6$fi^7208:'f l§i: TOr Steven Alexander,City Manager FROM*Jorge L Vera,Capital Improvement Project Manager DATE:,June 4,2012 »'>&v\.:<'Mjj-.^Pj1'?1^. Resolution:.A Resolution.:of the City of:South M^M:-.^ hourly rates-and to execute a professional service a^lreeitient prodded under the Fforida Statute.281&55 (Consultant's^tor Architecture; Landscape Architecture;.GIvil^yJfp&jrflQftfet EhgfhWrffl,,TrjErtfe ahd Transportation Engineering professional sgrvicSs. Background:On April 26,3013*the City^received-^3.soli$itetic^s.jn response.Tor therequest Tor qM59lifioa.tk>ns RFQ^PW-SZOIS-D/I ..:for A^bfetore,,Landscape Ajchitecture, CMJ/^vironmerrta!Engineenngr Tr&ftfc:i.a.rjd;jransj^irta^^professional services; The.intent.Of the CCNA is to select^£prQfessjonal.seJvfces.based on :th^qiJtsilificatipns of the firm,wilfcotf considering thepriceof those.se^rvice^;until after%eVfirtas,:ha^be^o ranked; Ranking,is.based "on qualifications and rteybtiatio^.have beguolwiib the-tpp ranked firm. Professional design services are defln.^.un<3ej^surveying & mapping,Jandscape architecture,and.architecture.."Numerous studieshaveshownthat selection basedon qualifications provides,theownerwith optimum -seryices;:whereas selection based on low price onlyassures-theowneroftheleastexpensive initial design or study cost, hot necessarily thebestor mostcost-effectiye overthe life ofthe project.Public agenciesthat use.qualifications based selection.under thaCCNA to procure.engineering services are betterableto control construction costsand achieve .a consistently high degreeof project satisfactionthanthoseusing other procurement methods.Therefore,the selecflgn of firms for fees will occur Further,theintentof the CCNAlegislationhasalways been to preclude "price consideration*1 from entering into the selection process*The Florida Legislature clarified the statute in 1988 to state thatan "agency may request,accept,and consider proposals forthe compensation tobe paidunderthecontractonlyduringthe competitive negotiation." In accordance with Florida Statute 287.055 (Consultant's CompetitiveNegotiationAct) "CCNA",thereview committee rankedthe firms withinthe categories ofArchitecture, Landscape Architecture,Civil/Environmental Engineering,TrafficaridTransportation Engineering.The top5 firms for each category are listedbelowin order oftheirranking. civil '%EAQCQNSOLT|NGt]MC %ClIViLWORKSlllsfie a,.A.DAENG|£!gEglN;G,:iKte A:SRSENQIKEERjN^INCv «i fp $uHw$coiiiwmi incenginjeers,planners. Trafffc &Trailsj30rtat(Qrr ""1,'TY U|MN1£«mTtO^^ ?.TBB:qQRRADI.N.O-Gg01iJP $MABW^ENGINEERiNQ *k Cft&REREZ CONSULTING ENGINEERS,1N&, Architecture; a Bpi^M^^iL:cwt^ei?s: •3.§®L^R$frf |$j£ 4 &&£8\^m ARCHITECTS,ll>IG 5 iN&jgcffs^Viefe^ ^Environmental, 1-R;J:BHHA^i QOMPANYil^C ENGINEERS,PLANNERS %^ANLfirr|0^ucrr?(Nm-w^' 41 E^J^lE^VfRdNliCHTAtr;iN[C. &LAWANENGINEERING' JSt^bftira.t ~€'§RSENGI^EPRI^G;JN6- 2;.&BAtiSTA&:ASSCf&JATES Landscape: 1,O'L 2,BtRWEaOAJAWlL*PARTNERS 3:ROSENBERG GARDNERDESIGN 4.QURf|S+ROGERS PESIGN'STUDIO,INC 5.KlMi:EYHOR.a&A§s6.giATES City staff will besubmitting,atafutureregularCommissionmeeting,the completed Professional General Services Agreements for Commission approval}for each ranked firm, Which will include negotiated hourly Yates.. Theexecutionofthese Professional General Service agreementsdoes hot committhe City toanymaximumamount of fees norguaranteeanywork.ITpon selection of the firms,the City will negotiate,hourly rates that are acceptable tothe City and within industry sferKfards* Upon theCity .arid firm negotiating a costto perform the required scopeof a project,a resolutiofi willbebroughtbeforetheCityCommissionforapprovalof the;service agreement Attachments:Proposed Resolution Evaluation selection sheet Standard professional service agreement RFQ#PW-P2013-04 Rank|Bidder Points Civil Engineering JV SK GM Total TY LIN INTERNATIONAL/HJ ROSS 89 97 91 277 1 EAC CONSULTING,INC 90 97 89 276 2 CIVIL WORKS INC.86 91 85 262 BERMELLO AJAMIL&PARTNERS (NP)85 88 81 254 IHECORRADINO GROUP 74 96 81 251 3 A.DA 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 85 79 80 244 STANLEY CONSULTANTS,INC,71 90 71 232 CPH ENGINEERS 72 94 65 231 8AUET ENVIRONMENTAL,INC.71 85 71 227 LANGAN ENGINEERING 63 91 72 226 RODRIGUEZ &QUIROGA (NP)70 82 73 225 FLORIDA TRANSPORTATION ENGINEERING FTE 68 92 61 221 BUILDING TECHNOLOGY ASSOCIATES,INC.50 84 53 187 Traffic &Transportation Engineering Services JV SK GM Total 1 TYUN INTERNATIONAL/HJ ROSS 89 97 91 277 2 THE CORRAD1NO GROUP 87 96 83 266 CIVIL WORKS INC (NP)86 91 85 262 3 MARLIN ENGINEERING 83 98 77 258 RJ BEHAR&COMPANY INC ENGINEERS,PLANNERS 79 98 71 248 4 CHPEREZ CONSULTING ENGINEERS,INC.75 99 73 247 5 URS 75 94 78 247 MC MAHON TRANSP.ENGINEERS &PLANNERS 79 88 79 246 FLORIDA TRANSPORTATION ENGINEERING FTE 72 94 77 243 STANLEYCONSULTANTS,INC.71 90 71 232 HBC ENGINEERING COMPANY 66 89 72 227 CALTRAN ENGINEERING 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 &QUIROGA 70 82 73 225 CHALGUB,INC,61 84 69 214 Environmental Engineering JV SK GM Total TYLIN INTERNATIONAL/HJ ROSS-All services 89 97 91 277 CIVIL WORKS INC (NP)86 91 85 262 THE CORRADINO GROUP (NP)74 96 81 251 A.D.A.ENGINEERING,INC 81 91 78 250 1 RJBEHAR &COMPANY INC ENGINEERS,PLANNERS 79 92 77 248 SRS ENGINEERING,INC 69 98 81 248 2 MILIAN SWAIN AND ASSOCIATES 85 79 80 244 3 STANLEY CONSULTANTS,INC.71 90 71 232 4 BAUET ENVIRONMENTAL,INC (NP)71 85 71 227 5 LANGANENGINEERING(NP)63 91 72 226 Structural Engineering JV GM SK Total TY LIN INTERNATIONAL/HJ ROSS-All services 89 97 91 277 EACCONSULTING,INC (NP)90 97 89 276 A.D.A.ENGINEERING,INC 81 91 78 250 1 SRS ENGINEERING,INC 69 98 81 248 2 6 BATISTA &ASSOCIATES 78 85 70 237 3 STANLEY CONSULTANTS,INC 71 9C1 71 232 BAUET ENVIRONMENTAL,INC 71.85•71 227 Landscape Architecture JV SK GM Total 1 O'LEARY RICHARDS DESIGN &ASSOCIATES 85>87 '86>258 2 BERMELLOAJAMIL&PARTNERS(NP)8S>8£\81 254 3 ROSENBERG GARDNER DESIGN 76 \97 '81 I 254 4 CURTIS+ROGERS DESIGN STUDIO,INC 76i87 '84I 247 5 KIMLEY HORN &ASSOCIATES 75 >97 '6S 1 240 DREDGING &MARINE CONSULTANTS 6<)87'6C)216 Key: Not a prime service