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Res No 146-15-14485
and RESOLUTION NO.:146-15-14485 A Resolution authorizing the City Manager to pay Bermello Ajamil &Partners,Inc to complete engineering documents forCity Welcome Signs. WHEREAS,the MayorandCityCommissionwishto provide City entry welcome signs; WHEREAS,the City desires to hirea 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 Bermello Ajamil&Partners,Inc.who was one of five(5)consultants previously selected to perform professional services for the City. WHEREAS,the City Manager has negotiated the price for the services to be rendered which does not exceed the sum of $40,225. WHEREAS,the City desires to provide a contingency of $4,000 over the proposal amount for unknown factors that may arise during the workandfor permitting fees;and WHEREAS,the total expenditure is not to exceed $44,225;and NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITYOF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager is authorized topayBermello Ajamil &Partners,Inc.,for an amount not to exceed $40,225 in accordance with the form of Professional Service Agreement that wasapprovedby the City Commission byresolution151-13-13969tocomplete engineering documents for City Welcome Signs.The City Managerisauthorizedtoexpendan additional$4,000over the proposal amount forunknownfactors. Section2:The expenditure shallbechargedto the Capital Improvements ProgramFund accountnumber301-1790-519-6450whichhasabalanceof$200,994beforethis request was made. Section3:Ifanysectionclause,sentence,orphraseofthisresolutionisforanyreason held invalid or unconstitutional byacourtofcompetent jurisdiction,the holding shall notaffect the validityof the remaining portions ofthis resolution. Pg.2 of Res.No.146-15-14485 Section 4:This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 15th day of September 2015. ERK QfiQltfatfdb 7 READ AND APPROVED ASTO FORM language^gaJjty AND EXECUTION THEREC APPROVED: COMMISSION VOTE:5-0 Mayor Stoddard Yea Vice Mayor Harris Yea Commissioner Edmond Yea Commissioner Liebman Yea Commissioner Welsh Yea Soutlr 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 pay Bermello Ajamil&Partners,Inc to complete engineering documents forCity Welcome Signs. Background:This project isfor the designand development of construction documents forCity of South Miami Welcome Signs to be installed at the entryways for the City.The design will include a gateway monument signtobe placed atFuchsParkanda prototypical gateway/entry signtobe implemented atvariousCity entry sites. Bermello Ajamil&Partners,Inc.has submitted aproposalin the amount of $40,225 to develop construction documents for the entry signsfor the City. A contingency in the amount of $4,000willbeincludedover the proposal amount to address for unknown factors that mayariseduring the workandfor permitting fees. In accordance with and pursuant to Florida Statute 287.055 for CCNA,Bermello Ajamil&Partners,Inc.was one of the firms selected to provide professional engineering services.The City negotiated hourly rates with the firmand entered into aprofessionalservice agreement withBermelloAjamil&Partners,Inc.to perform engineering services for the City. Amount:Amount not to exceed $44,225 Account:Theexpenditure shall be charged $44,225 tothe Capital Improvements Program Fund account number 301-1790-519-6450 whichhasabalance of $200,994 before this request was made. Attachments:Resolution Proposal Professional Service Agreement CCNA Consultant ProjectList BefnleUdi.Ajamil &jF^ftih$e£r Jhfe August 14,2015 Ricardo A.Ayala,P.E. Capital Improvement Project Manager CityofSouthMiamiPublic Works and Engineering Department 4795 Southwest 75^Avenue Miami,Florida 33155 RE:City of South Miami C'rtywide Gateway/Entry Signage Design Professional Architectural and Engineering (A/E)Services Proposal Archilectu re Engineering Planning Interior Design Landscape Architecture Mr.Ayala: B&A is pleased to submit this proposal for Professional A/E Services necessary for the design of one (1) vehicular-scale,gateway monument sign to be placed at FuchsPark and one (1)smaller,prototypical gateway/entry sign to be implemented at one identified site and various yet to be determined (future) sites citywide. We have detailed below for your review and approval our Professional Services Fee Proposal consisting of our understanding of the Project Description,the Scope of Services required,as well as the requested proposed cost for professional services. At our,August 3,2015,meeting,the City Manager and staff identified Fuchs Park as the preferred location for the City's principal gateway monument sign.We understand that the signwill be situated at the approximate intersection ofSW80th Street,SW 65*h Avenue and US1 and replace the existing wooden sign present at this location.This proposal includes the A/E services necessary to:design the sign and its immediate context (schematic design and design development phases);detail the sign and site improvements for construction and permitting (construction documents phase);solicitbidsfor the construction of the sign (bidding and award phase);and provide oversight during the construction of the sign (construction administration phase). Atthis same meeting,it was also determined that asmaller,vehicular-scale gateway/entry sign would be placed at the intersection of US1 and SW 57^Avenue;this sign willlikely be placed on the swale at the edge of the road (notin the median)and be limitedto 4-6 feet in width.This proposal includes the A/E services necessary to:design the sign and its immediate context (schematic design and design development phases);detail the sign and site improvements for construction and permitting (construction documents phase);solicitbidsfor the construction of the sign (bidding and award phase); and provide oversight during the construction of the sign (construction administration phase). 2601 South Bayshore Drive•10*Floor•Miami •Florida -33133-Main 3058592050•Fax3058603768 J^www.bermelloajaffniivCom City of South Miami Citywide Gateway/Entry Signage Design Professional (A/E)Services Proposal August 14,2015 page 2 of 5 It was also expressed tous that the gateway/entry sign designed for the intersection of US1 and SW 571h Avenue shall serve as the City's prototype entry sign design and will be implemented citywide at future sites to be determined by the City.The design concept developed as part ofour proposed services will establish the standard to be incorporated into future entry signsite designs throughout the Cityof South Miami. This proposal also includes a separately itemized "repeat fee"for the A/E services necessary to adapt the prototype sign design to future sites,including:adapt the context/site design at each specific future site (schematic design and design development phases);detail the site improvements for construction and permitting (construction documents phase);solicit bids for the construction of the sign (bidding and award phase);and provide oversight during the construction of the sign (construction administration phase). Design Objectives We will comprehensively assess the City of South Miami's identified sites for opportunities to adequately place each gateway and/or entry site.Our proposed services include:Architecture;Landscape Architecture and Planning;Environmental Signage and Graphic Design;and Project Management services.We will address each of the following enhancements as they relate to the placement and design of the proposed sign(s): I.Aesthetics image a.Establisha citywide precedent fora prototype sign design solution that is creative and cost effective. b.Define a distinctive image and design that expresses the Cityof South Miami's historic, environmental and cultural context. li.Sustainable Design Issues a.Determine opportunities for environmental enhancements with native plant materials, Xeriscape landscape improvements and habitat. b.Consider solar-powered lighting fixtures where practical III.Community Benefits a.Define enhancement opportunities that visually integrate and respond positivelyto neighboring communities. 2601 South Bayshore Drive •10*Floor -Miami •Florida •33133 •Main 305 859 2050 •Fax 305 860 3768 J^WWW»bermellOBJamiLcbm City of South Miami Citywide Gateway/Entry Signage Design Professional(A/E)Services Proposal August 14,2015 page 3 of 5 b.Definesuitablelocations that will mitigatepotential visual and noise impacts withboth hardscape and landscape solutions. Scope of Work B&A's proposed scope ofwork addresses the following key project requirements and functions: •Provide an innovative gateway and entrysign design concept that creatively responds to the identified locations and which can be easily adapted tofuture proposed siteswithin the City. •Develop practical and cost-effective methods for implementation of the design in future sites/locations and considering future maintenance,security and safety standards. •Develop a design that respects and preserves the communities and surroundings where future signs will be placed The specific tasks to be performed inthis scope ofwork are divided into two parts: Part1 -Data Gathering and Analysis I.Kick-off meeting -Kick-off meeting between design consultant team s and appropriate City staff to review,confirm and revalidate the sites proposed at our August 3,2015 meeting. II.Collection of data -Existing plans and surveys will be obtained and,with the City's assistance,a cursory due-diligence investigation with regards to underground utilities,easements,aerial restrictions,etc.undertaken at each site.TheCityshall provide,if available,record drawings, site surveys and CAD filesof the proposed sites.In addition,B&A will collect available information from other sources/agencies such as FDOT and coordinate pertinent City standards for security,maintenance or other applicable operational goals and standards. B&A willvisit each proposed site to perform avisual assessment of each site's conditions and constraints. a.Visit the selected sites to perform a photographic inventory of the existing conditions. b.Understand the existing abutting land uses and opportunities that existfor enhancements at each site. c.Each site will be studied and photographed independently as a basis for developing the opportunities and constraints plans in the next phase. d.Coordination meetings will be organized with the City's staff to jointly evaluate and determine the existing conditions. e.Collected as-built information and surveys provided by the City,FDOT or other will be used for the preparation of the enhancement plan for each site. 2601 South Bayshore Drive-10*Floor•Miami •Florida•33133 •Main 305 859 2050•Fax 305 860 3768 J^WWWvbermellDaJBTniLcom City of South Miami Citywide Gateway/Entry Signage Design Professional (A/E)Services Proposal August 14,2015 page 4 of 5 III.Regulations -B&A will performa review ofexisting land use and any appropriate zoning documents with the various authorities and permitting agencies that may have jurisdiction over each proposed site.We understand (as described at our August 3,2015 meeting)that the -proposed gateway and entry sign design will be exempt from compliance with the City'ssign code/ordinance requirements. Deliverables in the Data Gathering and Analysis phase will include: •Overall Vicinity/Location plan showing the locations ofall sites included under this scope of services •Photographic documentation of existing sites. •Summary of gathered land use,zoning and permitting (code-compliance)information. Part2 -Design Phase I.In this phase,B&A will develop the prototype gateway and entry sign design to be implemented at the identified and future sites. II.B&A will also design the site context for the two (2)specific identified sites.The plans will address the proposed enhancements for each site.Detailed plans,conceptual sections or elevations will be developed to show all of the proposed improvements in each of the sites. III.B&A willassist the City during the solicitation for construction bids and awarding of the construction contract IV.Construction oversight and administration Deliverables for the Design Phase for each of the identified sites will include: •Overall vicinity/location plan showing all sites in project scope •Site Plan for each site •Elevations/Sections showing improvements on each site •Technical information on each of the proposed improvements •Construction drawings sufficiently detailed and specifications (as applicable/necessary) to obtain a building permit and solicitbidsfor the construction of the proposed signs and site enhancements Compensation Basedon the understanding of the above mentioned Scope ofSen/ices and the time required to carry out the taskswhich are part of this Project;we have estimated an Architectural and EngineeringBasic ServicesFeeof Forty Thousand,Two Hundred TwentyRve Dollars ($40,225.00). 2601 South Bayshore Drive •10th Roor •Miami •Florida •33133 •Main 305 859 2050 •Fax 305 860 3768 ^WWW.berrnelloaji3nniil.CDm City of South Miami Citywide Gateway/Entry Signage Design Professional (A/E)Services Proposal August 14,2015 page 5 of 5 This proposed A/EBasic Services have been computed on alumpsumbasis and includes: 1.Designof one (1)vehicular-scale;principal gateway (monument sign)at Fuchs Park,including Site Context Design 2.Designof one (1)smaller (±4-6 foot wide),vehicular-scale,prototype entrysign design at to be placed on the swale located at the intersection of US1 and SW 57*h Avenue,including Site Context Design. In addition,this proposal includes a "Repeat Fee"in the amount ofFourThousand Dollars ($4,000.00)to provide,at the City's discretion,Site Context Design services for future sitesto be determined.These services will take the prototype entry site design developed within the Basic Services ofthis proposal and adapt the design to the requirements of each future specific site.The fee provided herein shall apply to each specific additional site. The compensation above is based on the following: •Does not include presentations to outside agencies (other than Citystaff)such as FDOT,Miami- Dade County,any other cities,municipalities,agencies,etc. •Does not include any 3-D renderings or visualizations •Does not include any site surveys.A Cad fileof the survey to each siteshall be provided byCity. Alternately,surveys can be commissioned by B&A as a reimbursable expense or additional service. We look forward to collaborating with the Cityof South Miami and being of service on this prominent project.As always,please feefl free to contact usifyou have any questions. Bermello Ajamil &Partners,lj Raul Carreras Partner 2601 South Bayshore Drive <10*Floor •Miami •Florida •33133 -Main 305 859 2050 •Fax 305 860 3768 p WWWvbermellD^jamiUom PROFESSIONAL SERVICE AGREEMENT General Architectural and Engineering Services THIS AGREEMENT madeandentered Into this vN dayof July,2015 byandbetweenthe CITY OF SOUTH MIAMI,a political subdivision of tie Stateof Florida and Bermello,Ajamfl &Partners,inc., authorizedtodo business inthe State of Florida,hereinafterreferredto as the "CONSULTANT. In consideration of ttte premises andthe mutual covenants contained in this AGREEMENT,the CITY OF SOUTH MIAMI,through its City Manager,agrees toadd the CONSULTANT tothe City's roster of professional service providers fora period ending on fjiuwArl*{?016 andthe CONSULTANT agreestobe available,continuing basis,td^perform professional servicesin connection with projects)wherethe bask estimated construction costsofeach individual project doesnotexceed $2,000,000.00 orwherethe Individual studydoesnotexceed$200,000.00,hereinaftercalledthe "SERVICES". 1.0 QyierflPrpyistops 1.1TheCONSULTANT may be awarded work and issued aNoticeto Proceed to provide professionalservices fora project,fora portion ofa project,orfordiscrete tasks ona project Additional Professional Services,forthe purpose of reviewing workperformedby other professional consultants or for other miscellaneous engineering services thatmayberequired. 1.2 ANotice to Proceed will be issued onan as needed basis at the sole discretion of the City Manager,orhis designee,hereinafter referredto as "CITY*.TheCityof South Miami reserves,at all times,the righttoperform anyand all engineering work in-house orwith other engineers.This AGREEMENT does not confer onthe CONSULTANT anyexclusiverightstoperformworkonbehalfof the Cityof South Miami,nor does it obligate theCityofSouthMiami In any manner to guarantee workfor the CONSULTANT.The CONSULTANTmaysubmit proposals for any professional services forwhich proposals may be publiclysolicitedbytheCityofSouth Miami outside ofthisAGREEMENT. 1.3TheCITY wfll confer with the CONSULTANT beforeanyNoticeto Proceed is issued to discuss toe scope of toe work;the time needed to compete theWO in connection with the WORK 1A The CONSULTANT willsubmitaproposalupontheCITY'S request priorto the issuance ofa Noticeto Proceed.No payment will be made for the CONSULTANT'S time and services in connection with the preparation of any proposal. 1.5TheCITYagrees thatit will furnishtothe CONSULTANT plans and other data availableinthe CITY files pertaining tothe WORK tobe performed undermis AGREEMENT promptly altareach Notice to Proceed. 1.6The CONSULTANT agrees toproduceand distribute minutes,promptlyafter each meeting convened and/or conductedbythe CONSULTANT concerning the WORK. 1.7 The CITY may designate arepresentativewho,onbehalfoftheCityManagershallexaminethe documentssubmittedbythe CONSULTANT andshallrenderdecisions promptly,toavoid Page 1 of 21 Professional Service AGREEMENT Tpepe®09-06-13 unreasonable delay inthe progress oftheCONSULTANTS services.The CONSULTANT shall keep the CITY'S representative advised on the project styus atan times. 1.S The CITY agrees to Issue all directives and approval In writing. ZO Professional Saivta* 2,1 General Sendees The professional services tobe provided bytheconsultant may be one ormore ofthe following,and include but not Hmfted to: A.Roadway Engineering to include streets,sidewalk,curb,gutter,drainage,associated traffic control devices,stripping,lighting,Irrigation,speed reduction devicesand residentiallandscaping. 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 designand Sanitary SewerSystem Evaluation and design. D.Environmental Engineering,Including,siteInvestigation and design neededto prepareremediationplanstomitigate underground storagetanks,hazardouswaste materials end asbestos materials. E.Traffic Engineering Services will include dally volume counts,data analysis, preparation of conceptualImprovements (ten,present reports and recommendations to stakeholdersand preparation of Anal traffic engineering report F.Architectural Services to provide drawings and specifications for new constructions as wellas additions and renovations;attendmeetingswithCitystaff end presentationsto CityCommission;provide plansdevelopedonAutoCADlatestversionandcopiesof reproducible hardcopyand dlBkette ofplans In therequestedformat G.LandscapeArchitecture including providing drawings and specifications for landscape projects;sitemaster planning,analysisanddesign,urbandesign plans/ooncept diagrams,openspace planning,analysisand design;communityplanning,analysisand design;natural resourceplanning analysisand design;Parksdesign; renderings/modeling;provideplansdevelopedonAutoCADlatest version andcopiesof .reproducible herdcopyanddisketteofplans In tfte requestedformat H.Registered Surveying andMappingOtherincidental servicesassociatedtotheabove Items. The Baste Services,fordesignand construction,consistof six (6)phases deserbed in Paragraph 2.2.1 through 2.2.6.Thescope outlined belowIs appBcabte In its entirety to projects for whichcompleted BasteServicesare authorized.Upon authorization to proceed from the CITY,the CONSULTANT agreestoprovidecomplete professional services for any portion orallofthesix Phases outlined below applicableto its profession.TheCONSULTANTagreesto co-ordinate Its effortwith ttiat ofanyother providers ef professional services toassureacoordinatedamicomplete WORK.In a multi- professlonaityconsultedprojecttheleadCONSULTANT,as designatedbytheCITY,shallpreparethe final bid package Including bid documents andspecifications,whichshallbepreparedby,andbe the responsibility of the respective disciplines. df- Professional Service AGREEMENT Tpepe®09-0e-13 Page2of21 2.2.1 Phase l-Preliminarv and Schematic Design: A.The CONSULTANT shall confer with representatives of the CITYand the end user to determine the full scope oftheProjectthatwill 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 byanindividual purchase order forthe specific worktobe performed. B.The CONSULTANT shall use properand adequate designcontrolto assure the CITY that the program requirements will be met C.TheCONSULTANTshallprepareaDesignConceptand Schematic Report,comprisingof the Project Timetable (Master Schedule),Planning Summary (unless advised otherwise), Schematic Design Studies (unless advisedotherwise)as defined below,and the Statement of Probable Construction Cost. D.The Proposed ProjectTimetableshallconsistofascheduleshowingtheproposed completion date on each Phase oftheProjectthrough design,bidding,construction, and proposed date of completion. E.The Planning Summary(unlessadvisedotherwise)shallconsistofa vicinity planand blowup of tile Site (ifapplicable)showingProjectorientation,anda brief summary of an pertinentplanning criteria used fortheProject. F.TheSchematic Design Studies(unlessadvised otherwise)shall consistof all plans, elevations,sections,etc.as required toshowthescaleandrelationshipofthepartsand thedesign concept ofthewhole.Asimpleperspective sketch,rendering,modelor photograph thereof may beprovidedtofurther show the design concept. G.The CONSULTANT shall presenttheSchematicdesignstudiestothe appropriate commission,committee,agency orboard(hereinaftercollectivelyreferredto as "Boards*)fortheirapprovalwhentheprojectrequiressuchapproval.TheConsultant shall make copies necessary forpresentationtotheBoardatno additional cost toCity. H.The CONSULTANT shall presentthe schematic designstudiesto ail the appropriate utility companies (such as FPL,SouthernBell,DynamicCable,MDWASA,etc.)forany conflict with their utilities. I.TheStatementof Probable Construction Cost shall include estimatedcostofthe Project including fixedequipment,professional fees,contingencies(ifany),escalationfactors adjustedtotheestimatedbiddate,movableestimate(ifany),and utility service extensions (ifapplicable).TheCONSULTANTSopinions of probableTotalProject Costs and Construction Cost are to be made on the basis of the CONSULTANTS experienceand qualifications andrepresentCONSULTANTSbestjudgmentasan experiencedand qualified professional,familiar withthelocalconstructionindustryand prices. J.The CONSULTANT shall submit and present two(2)copiesof all documents required underthisPhase,without additional charge,for approval bytheCITYanditshallnot proceedwiththenextPhase until directed bytheCITYin writing. 2.2.2 Phase 11 -Study and Design Development: A From the approved Schematic Design documents,the CONSULTANT shall prepare Design Development Documents,comprising the drawings,outline specifications andother Professional Service AGREEMENT Tpepe©09-06-13 Page 3of21 A- <3h documentsto fix anddescribethesizeand character oftheentire Project asto construction and finish materials andotheritems incidental thereto asmaybe appropriate and applicable. B.The Design Development Documents shall comprise the Proposed Project Timetable (updated),OutlineSpecifications,Updated Statement ofProbableConstructionCost,and Design Development Drawings,etc.,as required toclearlydelineatetheProjectIfthe Updated Statement ofProbableConstructionCost exceeds theallocated funds,feasible cost or scope reduction options shall be included. C.The CONSULTANT shall submit and present two (2)setsof all documents required underthis Phase,without additional charge,for approval bytheCITYandnotproceedwiththenext PhaseuntildirectedbytheCITYin writing. D.The CONSULTANT shallatalltimesmonitortheProbableConstruction Costs to make certaintheyremainwithinthe total allocated budget.ANoticetoProceedtoPhase III will not be issued if the latest statement of Probable Construction Cost exceeds the total allocated fends. 2.2.3 Phase III -Final Design /Construction Documents Development: A.From the approved Design Development Documents,the CONSULTANT shall prepare Final Construction Documentssetting forth in detail therequirements for the construction ofthe Project including the Proposal (Bid)Form andothernecessary information for bidders, Conditions ofthe Contract,and Complete Drawings and Specifications.The CONSULTANT shall use ConstructionSpecifications Institute (CSI)StandardsandtheCityofSouth Miami Standardformsforthe preparation ofthe proposal (bid)forms.Instructions toBidders, conditionsofContractandSpecificationsTheCONSULTANTshallreview all existingCity Specifications,for completeness prior touseandshallsupplyall needed additional specifications.The final draftofthe construction documentsshall meet therequirementsofand beapprovedbythe City Attorney. B.The Construction Documents shall be prepared inamannerthat will assure clarity of line work, notes,and dimensions when the documents arereducedto50%oftheir size.Alldrawingsshall be on 24"x 36°paper ("D"size),onthe CITY'S standard sheet format,unlessapproved otherwise. C.Allconstruction documents shallbesubmittedinboth "hard copy"andelectronicmediain a mutuallyagreeduponelectronic format,butgenerallyas fbRows: 1.Non-drawing submittalsin Microsoft OfficeWord format. 2.Drawings in AutoCAD format. 3.GIS files should be in ArcView format Version 3.2. D.When the development ofthedrawingshasprogressedtoatleast 50%completionin Phase III,the CONSULTANTshallsubmittwo(2)copiestotheCITYforapproval,withoutadditional charge,alongwith updated outline specifications.The CONSULTANT shall also submit atthis timean updated Statement ofProbableConstruction cost as indicatedby time factor, changes in requirements,orgeneralmarketconditionsandanupdatedProject Schedule. E.The CONSULTANT shallnotproceedwiththefurther development untilapprovalof the documents isreceivedfromtheCITYin writing.The CONSULTANT shall make all changes to documents required by the CITY before proceeding further.A set of the revised documents shall be returnedto the CITYafterincorporatingallofthe changes,ifany. F.ANoticetoProceedforthecompletionofPhase 111 will notbe issued ifthelatest Statement of Probable Construction Cost exceeds the total allocated funds,unless the CITY increases the Professional Service AGREEMENT Tpepe®0g-06-13 Page 4 of 21 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%completionoftheConstmctionDocuments,theCONSULTANTshallsubmitto the CITYa final,updated Statement ofProbable Construction Cost alongwithtwo(2)copies each ofthe final draftofalldrawings,specifications,reports,programs,etc.,withoutadditional charge,forafinal review and comments orapprovals. H.The CONSULTANT shall make all the necessary presentations to the appropriateCITY Boards whichwould be normallyrequiredofanyconstructionproject (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 andresolve all questions resultingfromBoardreview (see paragraphH)ifthe changes or additionsdonotalter the scope oftheprojectasdeterminedunderparagraph2.2.1A.The 100% complete final Construction Documents shallbereturnedtotheCITYforfinalapproval.Uponfinal approval by the CITY,the CONSULTANT shallfurnishto the CITY drawings and specificationsr withoutadditional charge totheCITYforbidding purposes,unless instructed otherwise,andbe reimbursed for costs associated withthereproductionandtransmittalof same. J.The CONSULTANT shall arrange for "dry runs"and/or make final submissions to appropriate authorities (regulatory agenciestoincludeandnot limited toCity,County,StateorFederal)as necessary,to ascertain that the Construction Documents meet the necessary requirements to obtain all the necessary permitsforconstruction.The CONSULTANT shall respond toall technical questions fromregulatory agencies.The CONSULTANT shallmodify,atno additional cost to CITY,inordertoacquirethe necessary permits. 2.2.4 Phase IV -Bidding and Negotiation Phase: A.Uponobtainingall necessary approvalsof the Construction Documents,andapprovalby the CITY of the latest Statement of Probable Construction Cost,the CONSULTANT shall furnish the drawingsandspecificationsasindicated above forbidding,and assist the CITYinobtainingbidsaswellas awarding and preparing constructioncontracts.The CONSULTANT shallattend all pre-bid conferences.The CONSULTANT shall be present duringthebid opening and as partofits assistance totheCITYwilltally,evaluate and issue a recommendation to the CITYafterverifyingbond,insurance documents, questionnaireandreferencesubmittedbythe constructor. B.The CONSULTANT shall issue Addenda to the Construction Documents through the CITY as appropriateto clarify,corrector change Bid Documents. C.If Pre-Qualification ofbiddersisrequiredas set forth inthe Request for Qualification,the CONSULTANTshall assist Cityindeveloping qualification criteria,review qualifications of prospectivebidders,andrecommendacceptanceorrejectionoftheprospectivebidders. D.If the lowest responsible Base Bid received exceeds the Total Allocated Funds the CITY may: 1.Approve the increase in Project Costand award a construction contract or, 2.reject all bids and rebid the Project within a reasonable time with no change inthe Project,or 3.Direct the CONSULTANT to revise the Project scopeor quality,or both,as approved by the CITY andrebid the Project,or 4.Suspendor abandon the Project,or Page 5of21 Professional Service AGREEMENT Tpepe©09-06-13 (jr 5.Exercise all options under the City Charter andState Law. NOTE:Underitem(2)and(3)above,the CONSULTANT shall,without additional compensation, assisttheCITYin obtaining re-bids,and awarding the re-bid ofthe project.Under Hem (3)above, the CONSULTANT shall,without additional compensation,modify tiie Construction Documents as necessary to bring the Probable Construction Cost within the Total Allocated Funds when the lowest responsible bidis over 15%of the CONSULTANT estimate.All construction contracts must beapprovedbytheCity Commission aftertheCityawardsthecontractforcommission approval. E.For the purposeofpaymenttothe CONSULTANT,the Bidding Phase will terminate and the services ofthe CONSULTANT vvill be considered complete upon signing ofan AGREEMENT witha Contractor.Rejection ofbidsbythe CITY doesnot constitute cancellation ofthe project. 2.2.5 Phase V-General Administration of the Construction Contract: A.The Construction Phase will begin with the City Commission approval ofthe award ofthe ConstructionContractand will endwhen tiie Contractor's final PaymentCertificateis approved and paid by the CITY. B.The CONSULTANT,asthe representative ofthe CITY during the Construction Phase, shalladviseandconsultwiththeCITYand shall have authority toactonbehalfofthe CITYtothe extent provided inthe General Conditions andasmodifiedintheSupplementary Conditions of the Construction Contract C.TheCONSULTANTshallattend pre-construction meetings. D.The CONSULTANT shallatalltimes have access to the project wherever itisin preparation or progress. E.The CONSULTANT shallvisitthesiteatleastweeklyandat all key construction eventsto ascertaintheprogressoftheProjectandtodetermineingeneraliftheWORKisproceeding in accordance with tiie Contract Documents.On the basis of on-site observations,the CONSULTANTwillusereasonableandcustomarycaretoguardtheCITYagainstdefects anddeficienciesintheWORK.TheCONSULTANTmay berequiredtoprovidecontinuous daily on-site observationstocheckthequalityorquantityofthe WORK as set forth inthis AGREEMENT anddefinedbytheScopeof WORK issued for the individual project Onthe basis of the on-site observations,theCONSULTANTwill advise the CITY as to the progress ofand any observed defects anddeficienciesinthe WORK immediately inwriting. F.The CONSULTANT shallfurnishtheCITYwithawrittenreportofall observations of the WORK made byhim during eachvisittothe WORK Heshallalsonotethegeneralstatus and progress of the WORK,andshallsubmit same ina timely manner.The CONSULTANT shallascertainatleastmonthlythattheContractorismakingtimely,accurate,and complete notations onrecorddrawings. 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 Certificatein such amounts.The recommendation of approval of a Payment Certificateshallconstitutea representation by the CONSULTANT to the CITY that,the CONSULTANT certifies totheCITY that the WORK has progressed to the point indicated,and the quality of the WORK isin accordance with the Contract Documents subject to: 1 An evaluation of the WORK for conformance with the Contract Documents upon substantial completion. Page 6of21 Professional Service AGREEMENT Tpepe©09-06-13 2.Theresultsofany subsequent tests requiredbytheContract Documents. 3.MinordeviationsfromtheContract Documents correctablepriortocompletionand 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,inits reasonable opinion,the CONSULTANT considers it necessary or advisable to insure compliance with the Contract Documents,itwill have authority(with the City'sprior approval)to recommend special inspections or testing of any WORK deemed notto 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 tiie Contract Documents.Changes or substitutions to the Contract Documents shall not be authorized without concurrence with the CITY. J.The CONSULTANT shallreviewand recommend actionon proposed Change Orders initiated by others,andinitiate proposed change orders as required by its own observations or the requirement of the CITY. K.TheCONSULTANTshallexaminetheWORKuponreceiptofthe Contractor's Certificate of Substantial Completion of the Project APunchList of any defects and discrepancies in the WORK requiredto be corrected bytheContractorshall be prepared by the CONSULTANT in conjunction with representatives oftheCITYand satisfactory performanceobtained before the CONSULTANT recommends execution of Certificate of Final Acceptance and final payment to the Contractor.Heshallobtainfrom the Contractor all warranties,guarantees, operating and maintenance manuals for equipment,releases oflienand such other documents and certificates asmay be requiredby applicable codes,laws,policy regulations, the specifications andtheotherContract Documents anddeliverthemtotheCITY. L.TheCONSULTANTshall provide assistanceinobtainingContractor'scompliancewiththe Contract Documents relativeto,1)initial instruction of CITY personnel in the operation and maintenance of any equipment or system,2)initial start-up and testing,adjusting and balancing of equipment and systems,and,3)final clean-up of the project M.TheCONSULTANTshall provide thecontractorwiththree sets ofdrawingslabeled "Construction Plans"forpermitfromPublic Works. 2.2.6 Phase VI -Post Construction Administration A.TheCONSULTANTshall prepare andprovidetheCITYwitha written manual,tobe used by the CITY,outlining the implementationplanofall the required maintenance necessary to keep the proposed WORK operationalina safe and effective manner. B.TheCONSULTANTshall furnish totheCITY,reproducible record (as-built)drawings updated based oninformationfurnishedbytheContractorandsuchdrawingsshall become the property of the CITY. C.The CONSULTANT shallassistintheinspectionoftheWORK one monthbeforethe expiration of any guarantee periodor the sixth month whichever isearlier and report any defective WORK in the Project under terms of the guarantee/warranties for correction.The CONSULTANT shall assist the CITYwith the administration of guarantee/warranties for correction of defective WORK that may be discovered during the said period. Professional Service AGREEMENT Tpepe©09-06-13 Page 7of21 &- D.TheCONSULTANTshall furnish theCitywith a 3-ring binderlabeled "Close-out Documents" that willinclude,asaminimum,a copy of: •Certificates of completion •As-Builts (1/2 size) •Test Results •Dailyconstructioninspectionreports •Progress meeting minutes •Approved shopdrawings •Warranty manuals as applicable •Final release of liens •Final payment to contractor 2.3 Additional Professional Services Additional Servicesaslistedbeloware normally considered tobebeyondthescopeoftheBasicServices for design andconstruction,as definedinthisAGREEMENT,butwhichareadditional services which may be authorized withinthe Scope ofWorkgiventheCONSULTANT. A.Specialanalysisofthe CITY'S needs,andspecial programming requirements foraproject B.Financial feasibility,lifecyclecostingorotherspecialstudies. C.Planning surveys,site evaluations,or comparative studiesofprospectivesites. D.Design services relative to future facilities,systemsandequipment,whicharenotintended tobeconstructedaspartofaspecific Project. E.Servicestoinvestigateexisting conditions (excluding utilities)or facilities ortomake measured drawingsthereof,ortoverify the accuracy ofdrawingsorotherinformation furnished by the CITY. F.Professional detailed Estimatesof Construction Cost consisting of quantity surveys itemizingall material,equipmentand labor requiredforaProject G.Consultation concerning replacement ofanyWORK damaged by fire or other cause during construction,andfurnishingprofessional services of the type set forthinBasic Services as may berequiredrelativeto replacement ofsuchWORK,providingthe cause isfoundbythe CITYtobe other thanbyfaultof the CONSULTANT. H.Professional servicesmadenecessarybythe default ofthe Contractor orbymajordefects in the WORKundertheConstruction Contract,providing the cause isfoundby the CITYto be other than by faultof the CONSULTANT. I.Making major revisions changingtheScopeofa project,to drawings and specifications when such revisions are inconsistent withwrittenapprovalsorinstructionpreviouslygiven by the CITY andare due to causes beyond the controlof the CONSULTANT. (Major revisionsaredefinedasthosechangingthe Scope andarrangement of spaces and/or scheme or any portion). J.Theservicesofoneormore full-time Project Representatives. K.Preparing toserveor serving asanexpertwitnessin connection withany arbitration Page 8 of 21 c^ Professional Service AGREEMENT Tpepe©09-06-13 proceeding or legal proceeding in connection witha Project L.Professional services requiredafterapprovalbythe CITY or the Contractor's Requisitionfor Final Payment,except as otherwise required under Basic Services. M.Preparing supporting data,drawings,and specifications as maybe required for Change Orders affecting the scope ofa Project provided the Changes are due to causes found by the CITYto be beyond the controloftheCONSULTANT. 3.0 Time for Completion The services tobe rendered bythe CONSULTANT foranyWORK shatl be commenced uponwritten Noticeto Proceed from the CITY subsequent to the execution ofthis AGREEMENT and shall be completed within the time based on reasonable determination,stated in the said Notice to Proceed. A reasonable extension oftime will be granted inthe event there isa delay on the part oftheCITYin fulfilling its part of the AGREEMENT,change of scope ofworkor should any other events beyond the controlof the CONSULTANT render performance ofhis duties impossible. 4.0 Basis of Compensation The CONSULTANT agrees tonegotiatea "not to exceed"feeora fixed sum fee for each of the WORK assigned tohim based on the Scope of such WORK.UponAGREEMENTofa fee,the CITYwill issue a written authorization to proceed tothe CONSULTANT.In case of emergency,the CITY reserves the right to issue oral authorization to the CONSULTANT,with the understanding that written confirmation will followimmediately thereafter as possible.Forreproductionofplans and specifications,beyondthe requirements as identified under this AGREEMENT the CITY will pay the direct costs. The fees for Professional Services for each Projectshallbe determined by one ofthefollowing methods oracombination thereof,as mutually agreed uponbytheCITYandtheCONSULTANT. Afixed sum:The fee fora task or a scope ofworkmaybeafixed sum as mutually agreed upon bythe CITY and the CONSULTANT: Hourly ratefee:TheCITY agrees topay,andthe CONSULTANT agrees to accept,forthe services rendered pursuant to this AGREEMENT,fees in accordance withthefollowing: Category Hourly Rate Principal $350.00 Project Manager $200.00 Senior Architect $200.00 Senior Planner $175.00 Senior Engineer $175.00 Senior Interior Designer $125.00 Architect $125.00 Engineer $115.00 Landscape Architect $115.00 Construction Manager $125.00 Construction Inspection $125,00 Planner $95.00 Interior Designer $95.00 Senior DraftemanTTechnical/CADD Operator $100.00 Specifications Writer/Draftsmen $75.00 Data Processing /Clerical $60.00 Page 9of21 Professional Service AGREEMENT Tpepe©09-06-13 A- Hourly rates will includeall wages,benefits,overheadand profit. 5.0 Payment and Partial Payments The CITY will make monthly payments or partial paymentstotheCONSULTANTusingthe following percentage-of-completion basisfor calculating theamountofpaymentfor all authorizedWORK performed during thepreviouscalendarmonth.For design and construction projects wherefeeforeachphaseisnot specified,suchpaymentshall,intheaggregate,notexceedthepercentageoftheestimatedtotalBasic Compensation indicated below foreachphase: •15%uponcompletionand approval ofPhase I. •35%uponcompletionandapprovalofPhase II. •55%uponsubmittaland approval of50%complete drawings andoutlinespecifications of Phase III. •75%upon 100%completionandapprovalof Phases Hi andIV. •90%uponcompletionoftheProjectandapprovalofallWORKPhaseV). •100%upon final completionand approval ofWORKelementsAandBofPhaseVI. The CONSULTANT shall submitan original invoice tothe City's project representative for eachpayment certifying thepercentageoftheWORKcompletedbythe CONSULTANT. Theamountof the invoicessubmittedshallbetheamountdueforallWORKperformedandreimbursable expenses incurredforthe WORK todate,ascertifiedbytheCONSULTANT. Therequest for payment shall include the following information: Project Name and CONSULTANTS Name. TotalContractamount (CONSULTANTS lumpsum negotiated),if applicable. Percentofworkcompleted. Amount earned. Amount previously billed. Due this invoice. Balance remaining. Summary of workdonethis billing period. Invoice number and date. CONSULTANTS W-9 Upon request by the CITY the CONSULTANTshallprovide tiie CITYwithcertifiedpayrolldataforthe WORK reflectingsalariesandhourlyrates. 6.0 Right of Decisions All services shallbeperformedbytheCONSULTANTtothesatisfactionofthe CITYs representative,who shall decide all questions,difficultiesand disputes ofwhatevernaturewhich may arise under or by reason ofthisAGREEMENT,theprosecutionand fulfillment oftheservices,andthecharacter,quality,amount andvalueandtherepresentative'sdecisionsuponallclaims,questions,and disputes shallbe final, conclusive andbindingupon the parties unless suchdeterminationisclearlyarbitraryor unreasonable.In the event that the CONSULTANT does notconcurinthe judgment ofthe representative as toany decisions made by him,he shall present hiswritten objections to the City Manager and shall abide by the decisionof the CityManager.Nothinginthissectionshall mean todenytherighttoarbitrate,by either party,in accordance withtheappropriate Arbitration Rules oftheAmericanArbitration Association. c3k Professional Service AGREEMENT Tpepe©09-06-13 Page 10 of 21 7.0 Ownership of Documents All reports and reproducible plans,andotherdata developed bythe CONSULTANT forthe purpose ofthis AGREEMENT shallbecomethe property oftheCITY without restriction or limitation in connection withthe owner's useandoccupancyofthe project.Reuse ofthesedocuments without written AGREEMENT from the CONSULTANT shallbe the CITY'S soleriskandwithout liability andlegal exposure to the CONSULTANT.When each individual section of the WORK under this AGREEMENT is complete allof the above applicable datashall be delivered to the CITY. 8.0 Court Appearances.Conferences and Hearings Nothing inthiscontractshallobligatethe CONSULTANT to prepare for orappearin litigation onbehalfof theCITYwithoutadditional compensation except foranydisputearisingoutofthiscontract unless the CONSULTANTorits employee is subpoenaed totestifyasafact witness.Theamount of such compensation for expert preparationand testimony orconsultationshall be mutuallyagreeduponandbe subject toa supplemental AGREEMENT approved bytheCity Commissioners and uponreceipt of written authorization from the CITYpriorto performance ofacourt appearance and conference. The CONSULTANT shall confer withtheCITYatanytimeduring construction ofthe improvement contemplated astointerpretationofplans,correctionoferrorsand omissions and preparation of any necessary plan thereof tocorrect such errorsandomissionsorclarifywithout added compensation. 9.0 Notices Any notices,reports or other written communications from the CONSULTANT to the CITY shall be considered delivered when received bytheCITY.Anynotices,reportsor other communications from the CITY to the CONSULTANT shall be considered delivered when received by the CONSULTANT orits authorized representative. 10.0 Audit Rights The CITY reserves the righttoauditthe records ofthe CONSULTANT relatedto this AGREEMENT at any time during the execution of the WORK andforaperiodof one year after final payment is made.This provision is applicable only to projects that areona time and cost basis. 11.0 Subletting The CONSULTANT shallnotsublet,assign,ortransferany WORK underthis AGREEMENT withoutthe prior written consent of tiie CITY. 12.0 Warranty The CONSULTANT warrants that it has not employed orretained any company or person,other than a bonafide employee working solely forthe CONSULTANT,tosolicitor secure this contract andthat he has notpaidor agreed topayany company orpersonotherthanabonafide employee workingsolelyforthe CONSULTANT anyfee,commission,percentage fee,giftsoranyother considerations contingentuponor resulting from the awardormakingofthiscontract.For breachor violation ofthis warranty,theCITYshall have the rightto annul this contract without liability. 13.0 Termination of AGREEMENT It is expressly understoodandagreedthattheCITYmayterminatethisAGREEEMENTwithoutpenalty by declining toissue Notice toProceed authorizing WORK,inwhich event the CITYS sole obligation to theCONSULTANTshallbepaymentfortheWORK previously authorizedandperformedinaccordance Professional Service AGREEMENT Tpepe©09-Q6-13 Page 11of21 <3t with tiie provisions ofthis AGREEMENT,suchpaymenttobe determined onthebasisofthe WORK performedby tiie CONSULTANT uptothetimeof termination. Upon termination,the CITY shall be entitled toa refund ofany monies paid forany period of time subsequenttodateof termination for which no work was performed. 14.0 Duration of AGREEMENT This AGREEMENT shallremaininforce until theendoftheterm,which includesallauthorizedrenewals, or unless otherwise terminated by the CITY. 15.0 Renewal Potion This AGREEMENT maybe renewed,atthesole diccrotion of tho CITY,foran additional period,including renewals of one (1)year;however,the agreement torenewmustbe in writing signed bvboth parties and innoeventshallthetotalterm,including any additional periods and renewals,exceed five (5)years. 16.0 Default In theeventeitherparty fails to comply with the provisions ofthis AGREEMENT,the aggrieved partymay declaretheotherpartyindefaultand notify him in writing.In such event,the CONSULTANT win onlybe compensatedforany completed professional services.In theevent partial paymenthasbeenmadefor suchprofessional services notcompleted,the CONSULTANT shallreturnsuch sums tothe CITY within ten (10)daysafternoticethatsaidsumsaredue.in theeventofany litigation betweentheparties arising outofor relating in anywaytothis AGREEMENT orabreach thereof,eachpartyshallbearitsowncosts and legal fees. 17.0 Insurance and Indemnification The CONSULTANT shallmaintainduringthetermofthis AGREEMENT the insurance as set forthIn "Attachment A,Insurance and Indemnification"tothis AGREEMENT. 18.0 AGREEMENT Not Exclusive Nothinginthis AGREEMENT shallpreventthe CITY from employing other CONSULTANTS toperform the same or similar services. 19.0 Codes.Ordinances and Laws The CONSULTANT agrees toabideandbegovernedbyalldulypromulgatedandpublished municipal. County,state andfederal codes,ordinances,rules,regulationsandlawsineffectatthetimeof design whichhaveadirectbearingonthe WORK involved onthisproject.The CONSULTANT isrequiredto complete andsignallaffidavits,including PublicEntityCrimes Affidavit form (attached)pursuant toFS 287.133(3)(a),as required bythe Request forQualifications applicable tothisAGREEMENT. 20.0 Taxes CONSULTANT shallbe responsible forall payments offederal,state,and/or local taxes related to the Operations,inclusiveof sales taxifapplicable. 21.0 Drug Free Workplace CONSULTANTshallcomplywiththeDrugFreeWorkplacepolicy set forthin attachment #twowhichis made a part ofthisAGREEMENTby reference. 22.0 Independent Contractor CONSULTANT isan independent entityunderthis AGREEMENT andnothinghereinshall be construed to create a partnership,joint venture,or agency relationship between the parties. Page 12of21 Professional Service AGREEMENT Tpepe©09-06-13 23.0 Duties and Responsibilities CONSULTANTagreestoprovideitsservices during thetermofthisAGREEMENTinaccordancewith all applicable laws,rules,regulations,andhealthandsafetystandardsofthe federal,state,and City,which may be applicableto the service being provided. 24.0 Licenses and Certifications CONSULTANT shall secure all necessary business and professional licenses atits sole expense priorto executing the AGREEMENT. 25.0 Entirety of AGREEMENT Thiswriting embodies the entireAGREEMENTandunderstanding between theparties hereto,andthere areno other AGREEMENTS and understandings,oralorwritten,with reference to the subject matter hereofthatarenot merged hereinand superseded hereby.No alteration,change,ormodificationofthe terms of this AGREEMENT shall be valid unless made inwritingand signed bybothparties hereto,and approved by tiie City Commissioner if required bymunicipal ordinance or charter. 26.0 Jury Trial CITYand CONSULTANT knowingly,irrevocablyvoluntarilyandintentionally waive anyright either may have toatrialbyjuryin State orFederalCourt proceedings in respect to any action,proceeding,lawsuit orcounterclaimarisingoutof the Contract Documents orthe performance oftheWork thereunder. 27.0 Validity of Executed Copies This AGREEMENT may be executed in several counterparts,each ofwhich may be construed as an original. 28.0 Rules of Interpretation Throughout this AGREEMENT themalepronoun may be substituted forfemaleand neuter andthe singularwords substituted for plural and plural words substituted forsingular wherever applicable. 29.0 Severability Ifanytermor provision ofthis AGREEMENT orthe application thereoftoanypersonorcircumstance shall,toanyextent,be invalid orunenforceable,theremainderofthisAGREEMENT,orthe application of such termorprovisionto persons or circumstances otherthan those towhich It isheldinvalidor unenforceable,shallnotbeaffectedtherebyandeachtermand provision ofthisAGREEMENT shad be validandenforceabletothefullest extent permittedbylaw. 30.0 Non-Waiver CITYand CONSULTANT agreethatno failure toexerciseandnodelayin exercising any right,power or privilege underthis AGREEMENT onthe part ofeither party shall operateasawaiverofanyright power, or privilege underthis AGREEMENT.No waiver of this AGREEMENT,inwholeor part,including tiie provisions ofthis paragraph,maybe implied byanyactoromissionand will onlybe valid andenforceable ifin writing anddulyexecutedbyeachofthe parties tothis AGREEMENT.Anywaiverofanyterm, condition or provision ofthis AGREEMENT will not constitute awaiverofanyotherterm,condition or provision hereof,nor will awaiverofany breach ofanyterm,condition or provision constitute a waiver of any subsequent or succeeding breach. Professional Service AGREEMENT Tpepe©09-06-13 Page 13 of 21 ^ 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 shallcomplywiththe Americans with Disabilities Act 32.0 Eoual Employment In accordance with Federal,State and Local law,tiie 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 aspectsofthe Americans with Disabilities Act(ADA)during theperformanceofthis contract. 33.0 Governing Laws This AGREEMENT andthe perfonnance of services hereunder will be govemed bythe laws of tiie Stete of Florida,with exclusive venue for the resolution ofany dispute being a court of competent jurisdiction in Miami-DadeCounty,Florida. 34.0 Effective Date This AGREEMENT shall notbecome effective and binding until ithasbeen executed by both parties hereto andthe effective date shall bethe date of its execution bythelast party so executing it. 35.0 Third Party Beneficiary itis specifically understood and agreed that no other person or entity shall bea third party beneficiary hereunder,andthat none ofprovisionsofthisAGREEMENTshallbeforthebenefitofor be enforceable by anyone other thanthe parties hereto,andthatonly the parties hereto shall haveany rights hereunder. 36.0 Further Assurances The parties hereto agreeto execute any and alt other and further documents as might be reasonably necessary inorderto ratify,confirm,andeffectuatetheintentand purposes oftheAGREEMENT. 37.0 Time of Essence Time is of the essence of this AGREEMENT. 38.0 Interpretation This AGREEMENT shallnotbeconstruedmore strongly againsteitherpartyhereto,regardlessofwho was more responsible forits preparation. 39.0 Force Majeure Neitherpartyheretoshall be indefaultofits failure toperform Its obligationsunderthis AGREEMENT if caused by acts of God,civil commotion,strikes,labor disputes,or governmental demands or requirements thatcouldnotbe reasonably anticipatedandthe effects avoided ormitigated.Eachparty shallnotify the other of any such occurrence. 40.0 Notices Page 14 of21 Professional Service AGREEMENT Tpepe©09-06-13 Whenever notice shall be requiredorpermittedherein,itshallbedeliveredbyhand delivery,e-mail, facsimile transmission orcertifiedmail,withreturnreceipt requested andshallbe deemed deliveredon thedate shown on the deliveryconfirmationorifbycertifiedmail,the date onthereturn receipt or the date shown as the date same was refused or unclaimed.Notices shall be delivered to the following individuals orentitiesatthe addresses (including e-mail)orfacsimiletransmission numbers set forthbelow: To CITY: Professional Service AGREEMENT Tpepe©09-06-13 CityManager, 6130 Sunset Dr. South Miami,FL 33143 Fax: E-mail: Page15of21 & <&- With copies by U.S.mailto: To CONSULTANT: City Attomey,Thomas Pepe,Esquire 6130 Sunset Dr. South Miami,FL 33143 Fax:(305)341-0584 E-mail:toeoe@southmiamifi.QOv Jorge Ferrer Bermello,Ajamil&Partners,Inc. 2601 South Bayshore Drive Suite 1000 Miami,Florida 33133 IN WITNESS WHEREOF,this AGREEMENT is accepted onthe date first abovej to the terms and conditions set forth herein. COh n subject ATTESTED: Professional Service AGREEMENT Tpepe©09-06-13 CITY OF SOUTH Page 16 of 21 Alexander CityManager » and $2,000,000 Annual Aggregate.Coverage must beaffordedonaformno more restrictivethan the latest editionofthe Comprehensive General Liability policy,withoutrestrictive endorsements,asfiledby the Insurance Services Office,and must include: (a)Premises and Operation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadForm Property Damage (f)BroadForm Contractual Coverage applicable tothis specific Contract,including any hold harmless and/or indemnification agreement. (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal to those requiredforBodilyInjuryLiabilityand Property Damage Liability. Business Automobile LiabilitywithminimumlimitsofOne Million Dollars ($1,000,000.00)plusan additional One Million Dollar ($1,000,000.00)umbrellaper occurrence combinedsingle limit forBodily Injury LiabilityandProperty Damage Liability.Umbrella coverage must be afforded onaformno more restrictivethan the latesteditionofthe Business Automobile Liability policy,withoutrestrictive endorsements,as filed by with the state of Florida,and must include: (a)Owned Vehicles. (b)Hired and Non-Owned Vehicles (c)Employers*Non-Ownership SUBCONTRACTS:The FIRM agrees thatif any partofthe Work under the Contract is sublet,the subcontract shall contain the same insurance provision as set forthin section 5.1 above and 5.4 below andsubstitutingthewordSubcontractorfor the word FIRM andsubstituting the word FIRM forCITY where applicable. Firo and Extended Coverage Insuranco (Buildore'Rick),IF APPLICABLE: In tho ovont thatthic contract involves tho construction ofaotruoturo,tho CONTRACTOR ohollmaintain, with on Insuranco Company or Incuronoo Componioc aoooptablo totho CITY,"Broad"form/All Risk Insuranco on buildings and structures,including Vandalism &Malicious Mischief coverage,whileinthe courseof oonctruotion,including foundations,additiono,attachmentsandall pormanont fixturoo belongingtoandconstitutingapartof caid buildings orstructures.Thopolicyor policies shallalsocover machinery,ifthecostofmachineryis included intho Contract,orifthomachineryic locatedina building thatisbeingrenovatedby roason ofthis contract.The amount ofinsurance must,atalltimes,beat leastequaltothe roplacomont and actual cash valuo ofthoinsured proporty.Tho policy shall beintho nameoftheCITYandtheCONTRACTOR,ac thoir intoroot mayappear,andshallalsooovorthe interestsofall Subcontractors porformlngWork. Allofthe provisions set forth inSection5.4 herein belowshallapplytothiscoverageunlessitwouldbe clearlynotapplicable. Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued bythe insurance company or should any insurance havean expiration datethat will occur during the period ofthis contract,the FIRM shall be responsible for securing other acceptable insurance prior tosuch cancellation,change,or expiration soasto provide continuous coverage as specified inthis section andsoasto maintain coverage during the life of this Contract All deductibles mustbe declared bythe FIRM andmustbe approved bytheCITYinthe CITY'S soleand absolute discretion.AtthooptionofthoCITY,oithorthoFIRM ohall eliminateor roduoo such doductibio orthe FIRfrhshall procure a Bond,in a form catisfactory totho CITY covering tho camo.If the CITY does Professional Sen/ice AGREEMENT Tpepe®09-06-13 Page 18of21 Insurance Requirements Attachment A Insurance and Indemnification Without limiting its liability,the contractor,consultant or consulting firm (hereinafter referred toas "FIRM" with regardto Insurance and Indemnification requirements)shallbe required to procure and maintain at its own expense during the life ofthe Contract,insurance ofthetypesandinthe minimum amounts stated below as will protectthe FIRM,from claims which mayariseoutoforresult from thecontractor the performance ofthecontractwith the City of South Miami,whether such claim Isagainstthe FIRM or any sub-contractor,orbyanyone directly or indirectly employed byanyofthemorbyanyoneforwhose acts any of them may be liable. Noinsurance required bythe CITY shallbeissuedor written bya surplus linescarrierunless authorized inwritingby the CITY and such authorization shall beat the CITY'S sole and absolute discretion.The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized tosell insurance intheStateof Florida,on forms approved bytheStateof Florida,as will protectthe FIRM,ata minimum,from allclaims asset forth below which mayariseoutoforresult from the FIRM'S operations underthe Contract andfor which the FIRM may be legally liable,whether such operations bebythe FIRM orbya Subcontractor orbyanyone directly or indirectly employed by anyofthem,orbyanyoneforwhoseactsanyofthemmaybe liable:(a)claimsunder workers' compensation,disability benefitandothersimilaremployeebenefitactswhich are applicabletothe Work tobe performed;(b)claimsfordamagesbecauseof bodily injury,occupational sicknessor disease,ordeathofthe FIRM'S employees;(c)claimsfor damages because ofbodilyinjury,sickness or disease,ordeatiiofany person otherthanthe FIRM'S employees;(d)claimsfor damages insuredby usualpersonalinjury liability coverage;(e)claimsfor damages,otherthantotheWorkitself,because of injury toordestructionoftangible property,including lossofuse resulting there from;(f)claimsfor damages because of bodily injury,deathofapersonorpropertydamagearisingoutofownership, maintenance or use ofamotorvehicle;(g)claimsfor bodily injuryorproperty damage arisingoutof , completed operations;and (h)claims involving contractual liability insurance applicableto the FIRM'S obligations under the Contract. Firm's Insurance Generally.The FIRM shallprovideandmaintaininforce and effectuntilall the Workto beperformed under this Contract has been completedand accepted byCITY(orforsuchduration as is otherwise specified hereinafter),the insurance coverage writtenonFlorida approved forms and as set forth below. Workers'Compensation Insurance atthestatutoryamount as toall employees in compliance with the "Workers'Compensation Law"ofthe State of Florida including Chapter 440,Florida Statutes,as presently writtenor hereafter amended,andallapplicable federal laws.Inaddition,the policy (ies)must include:Employers'Liability at the statutory coverage amount The FIRMshallfurther insure that allof its Subcontractors maintain appropriate levelsofWorker's Compensation Insurance. Commercial Comprehensive General Liability insurance withbroadform endorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,andpersonalinjuryandproperty damage liability withlimitsof $1,000,000 combined single limit per occurrence and $2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical insurance:$5,000 per person; •Property Damage:$500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be writtenona Florida approved formwiththe same coverage as the primary insurancepolicybutintheamountof$1,000,000perclaim Page 17of21 Professional Service AGREEMENT Tpepe©09-06-13 &~ not approve ofthe deductible andifthe FIRM does not eliminate or reduce such deductible tothe satisfaction ofthe CITY or fails to procure a Bond,ina form satisfactory tothe CITY,to covering the deductible,the CITY may rejectthe FIRM and awarding thecontracttoanother FIRM. The policies shallcontainwaiverof subrogation against CITY where applicable,shallexpresslyprovide thatsuch policy or policies are primary overanyother collectible insurance that CITY mayhave.The CITY reservestherightatanytimetorequestacopyofthe required policies for review.Ail policiesshall containa "severability of interesf or"cross liability"clause without obligation for premium paymentofthe CITY aswellascontractual liability provisioncoveringtheContractorsdutyto indemnify theCity as provided inthis Agreement BeforestartingtheWork,the FIRM shalldelivertothe CITY and CONSULTANT,ifany,certificatesof such insurance,acceptable tothe CITY,as well as the insurance binder,if one is issued,the insurance policy,including thedeclarationpageand all applicable endorsements andprovidethename,address and telephone numberofthe insurance agent orbrokerthroughwhomthepolicywasobtained.The insurershallberated A.VII orbetterper A.M.Best's Key RatingGuide,latesteditionandauthorizedto issue insurance inthe State ofFlorida.All insurance policiesmustbewrittenonforms approved bythe Stateof Florida andtheymustremainin full forceandeffectfor tiie durationofthecontractperiod with the CITY.The FIRM mayberequiredbythe CITY,atitssole discretion,toprovidea "certified copy"of tiie Policy (as definedinArticle1ofthis document)whichshallincludethe declaration page andall required endorsements.In addition,theFIRMshalldeliver,atthetimeofdeliveryof the insurance certificate,the following endorsements: apolicy provision or an endorsement with substantially similar provisions as follows: The Cityof South Miamiisanadditionalinsured.The insurershall pay all sums that the City of SouthMiami becomes legallyobligatedtopay as damages because of 'bodily injury9,'property damage',or "personal and advertising injuryandit will provideto the Cityallof the coverage that istypically provided under the standard Florida approved formsforcommercial general liability coverage A and coverage B"; a policy provision or an endorsement with substantially similar provisions as follows: "Thispolicyshallnot be cancelled (including cancellation for non-payment ofpremium), terminated or materially modifiedwithoutfirstgiving the Cityof South Miami ten (10)days advanced writtennoticeof the intenttomateriallymodify the policyorto cancel or terminate the policyfor any reason.Thenotification shad bedeliveredtotheCitybycertifiedmail,withproofof delivery to the City." Professional Liability Insurance onaFlorida approved formin the amount of $1,000,000 with deductible perclaimifany,notto exceed 5%of the limitof liability providingforall sums which the FIRMshall become legallyobligatedtopay as damages forclaimsarisingoutofthe services orworkperformedby the FIRM its agents,representatives,SubContractorsor assigns,orbyany person employedor retained byhimin connection withthis Agreement This insurance shallbe maintained forfour years aftercompletionof the construction and acceptance ofany Project covered bythis Agreement.However, the FIRM may purchase SpecificProjectProfessional Liability Insurance,intheamountandunderthe termsspecifiedabove,whichisalsoacceptable.Noinsuranceshallbe issued byasurpluslinescarrier unlessauthorizedin writing bythecityatthecity'ssole,absoluteandunfettereddiscretion. Contractor's Responsibility Prior to Receiving a Notice to Proceed PriortotheCityissuingaNoticeto Proceed,thecontractorshalldeliveracopy(eitherhardcopyor, preferably,electronically)ofthe policy,including the declaration pageofthe policy andallendorsements tothepolicyandprovidetheCitywiththename,address,includingemail address,and phone number ofthe contractor's insurance agent Professional Service AGREEMENT Tpepe©0g-06-13 Page 19of21 &r The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida,that the form ofthe policy being issued has been approved bythe State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy asa surplus lines carrier.The agent shall also provide a citation tothe page number ofthe policy, or the form number oftiie endorsement,and highlight tiie relevant language ofthe portion ofthe policy and/or the endorsements that,in his orherestimation,meets the following City insurance requirements. a)thecityisanadditionalinsured; b)coverage includes contractual liability; c)the City will be provided at least 10 days advanced notice of any cancellation ofthe policy, including cancelation for non-payment of premium,and at least 30 days'advanced notice ofany material changes tothe policy orof cancellation for any reason other than non-payment;and d)either a policy provision oran endorsement providing that the policy is primary andnon- contributory,suchasan endorsement tiiat provides thatthe vendor's policy is primary over all ofthe city's applicable insurance andthat treats the city's policies asexcess coverage. It maybe that someofthese provisions are combined into one endorsement orcontained in tiie policy itself. Ifthe policy doesnothavea provision or endorsement that provides the City with advanced notice of cancellation as required bythe City,the contractor maystill comply with the City's insurance requirement ifthe contractor provides the City with proof that the policy premium hasbeen paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm,monthly, thatthe policy isin full force and effect.In addition,the Contractor must either paytheCitya monthly monitoringfee,currently set at$25permonth,orhavethe amount deductedfromtheContractor's draws/payments. Indemnification Requirement A.The Contractor acceptsand voluntarily incurs all risksofany injuries,damages,orharm which mightarise during theworkor event tiiatis occurring onthe CITY'S property duetothenegligenceor otherfaultoftheContractororanyoneactingthroughoronbehalfoftheContractor. B.The Contractor shall indemnify,defend,saveandholdCITY,itsofficers,affiliates,employees, successors and assigns,harmless from anyandalldamages,claims,liability,losses,claims,demands, suits,fines,judgmentsorcostand expenses,including reasonableattorney'sfees,paralegal feesand investigativecosts incidental theretoand incurred prior to,during or following any litigation,mediation, arbitration andatallappellatelevels,whichmaybesufferedby,oraccruedagainst,chargedtoor recoverablefrom the City of South Miami,its officers,affiliates,employees,successors and assigns,by reason ofany causes ofactionsorclaimofanykindornature,includingclaimsforinjuryto,ordeathof any person or persons andforthelossor damage toanypropertyarisingoutofa negligent error, omission,misconduct,oranygrossnegligence,intentionalactorharmful conduct oftheContractor,its contractor/subcontractororanyoftheirofficers,directors,agents,representatives,employees,or assigns,or anyone actingthroughoronbehalf of anyof them,arisingout of this Agreement,incident to it,orresultingfrom the performance ornon-performance of theContractor'sobligations under this AGREEMENT. C.The Contractor shall pay all claims,losses and expenses ofanykindor nature whatsoever,in connection therewith,including the expense or loss of the CITY and/or its affected officers,affiliates, employees,successors and assigns,including theirattorney'sfees,inthe defense ofanyactioninlaw or equity brought against them andarisingfrom the negligent error,omission,or act of the Contractor,its Sub-Contractor or any of their agents,representatives,employees,or assigns,and/or arising out of,or incidentto,this Agreement,orincidenttoorresulting from theperformanceor non-performance ofthe Contractor'sobligations under this AGREEMENT. Professional Service AGREEMENT Tpepe©0g-06-13 Page 20of21 D.The Contractor agrees and recognizes thatneithertheCITYnoritsofficers,affiliates, employees,successors and assigns shallbeheld liable orresponsible for anyclaims,including the costsand expenses ofdefendingsuchclaimswhichmayresult from orariseoutofactionsor omissions oftheContractor,its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,or anyone actingthroughoronbehalfofthethem,andarisingoutoforconcerning the workor event thatisoccurringonthe CITY'S property.In reviewing,approvingorrejectingany submissions or acts oftheContractor,CITY inno way assumes or shares responsibility orliabilityfor the acts or omissions of the Contractor,its contractor/subcontractor or any of their agents,representatives, employees,or assigns,or anyone acting through oron behalf of them. E.The Contractor has the dutytoprovidea defense withan attomey orlawfirm approved by the Cityof South Miami,which approval will not be unreasonably withheld. F.However,as to design professional contracts,and pursuant to Section 725.08 (1),Florida Statutes,none of the provisions set forth herein above thatarein conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification.Thus,the design professional's obligations as to the City and its agencies,as well as to its officers and employees,isto indemnify andhold them harmless fromliabilities,damages,losses,and costs,including,butnotlimitedto,reasonable attorneys'fees,to the extent caused by the negligence, recklessness,or intentionally wrongful conduct ofthedesign professional and other persons employed or utilized by the design professional in the perfonnance of the contract. Professional Service AGREEMENT Tpepe®0g-06-13 Page 21 of 21 RESOLUTION NO.:120-1 3-13938 A Resolution authorizing the CityManagerto negotiate hourlyratesandto 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,theMayorand City Commission desirestoenter into serviceagreementsfor professional services forthe following categories:Architecture,Landscape Architecture,Civii/Environmental Engineering,Traffic and Transportation Engineering;and WHEREAS,on April 26,2013arequestfor qualification RFQ #PW-S2013-04 wasreleasedbythe City for these services;and WHEREAS,theCity received solicitationfromthirty-three(33)firms;and WHEREAS,pursuant toFlorida Statute 287.055for CCNA,theCityreviewcommittee conducted thorough reviewsofthefirm'squalifications,and uponevaluationthefirmswereranked;and WHEREAS,theCity selected afive (5)qualified firmsfor each categorytoprovidetheprofessional services to the City as follows;and Civil 1.EAC CONSULTING.INC 2.CIVIL WORKS INC 3.ADA ENGINEERING,INC 4.SRS ENGINEERING,INC 5.R.J BEHAR &COMPANY INC ENGINEERS,PLANNERS Traffic &Transportation 1.TY LIN INTERNATIONAL/HJ ROSS 2.THE CORRADINO GROUP 3.MARLIN ENGINEERING 4.CH PEREZ CONSULTING ENGINEERS,INC. 5.URS Architecture 1 MCHARRY ASSOCIATES 2 BERMELLO AJAMIL &PARTNERS 3 SOL-ARCH,INC 4R.E.CHISHOLM ARCHITECTS,INC 5 INDIGO SERVICE CORPORATION 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.G BATISTA &ASSOCIATES 3.STANLEY CONSULTANTS,INC Landscape 1.O'LEARY RICHARDS DESIGN & ASSOC IATES 2.BERMELLO AJAMIL &PARTNERS 3.ROSENBERG GARDNER DESIGN 4.CURTIS +ROGERS DESIGN STUDIO,INC 5.KIMLEY HORN &ASSOCIATES WHEREAS,theMayor and City Commission desires to authorize theCity 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 OFTHE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1:TheCity Manager isherebyauthorizedtonegotiatehourlyratesand execute aprofessional service agreement in the same form as publishedinRFQ #PW-S2013-04 in accordance withthe procedure set forthin Florida Statute 287.055 (Consultant's Competitive Negotiation Act). Pg.2 of Res.No.120-13-13938 Section 2:The agreements shallbeapprovedbyresolutionpriortobeingsignedbytheCity Manager. Section 3:If any section clause,sentence,or phrase ofthisresolutionisforany reason held invalid or unconstitutionalbyacourtof competent jurisdiction,the holding shallnotaffectthe validity oftheremaining portions ofthis resolution. Section 4.This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of June ,2013. ORM ECUTION COMMISSION VOTE: Mayor Stoddard: ViceMayor Liebman Commissioner Newman: Commissioner Harris: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea FROM? DATE.' City of South Miami PUBLIC WORKS*ENGINEERING DEPARTMENT 4795 SW75,h AvenUe- Miami,FL 33155 Tel.(305)663-635Q Fa*(3Q5)$68-7208: Steven:Alexander,City Manager Jorge JL Vera,Capital Improvement Project Manager June 4,2012 South Miami 2001 Resolutfbn:A Resolution of the City.of South Mfemi,;^ hourty rates and toexecutea professional Seiw under-ihfc Florida Statute.287.6.55:(Consultants Cornpetiti^Negpti<»for Architecture, UndscSfte Architecture*,Clvil/En^rphtfifehfeii Hh^itte^jrfiiSl;,Trnflfio;ahd transportation Engineering professional services. round:On April 26,2013*the Cityreceived.'*$$•^Qlioitafibjis In response for the request for qualifications RFQ#PW-S20i3*^04 ..for ArchiteGWre,L^nd^cape Architecture, CivB/Environmental Engineering,Traffic and;MnspPrtatibii;Engineering professional services. The intent <rf the CCNA is to selept professiphal serviqes;based?on the ejftat^tipns of thefirm,wtftputconsidering the price of t^se s^rvicesuntilraftertte^fes ha^e besn ranked; Ranking;is based rpn qualifications and neg<)tiaiipn$.have begun #h the top.ranked firm: Professional design services are defined under thfcla^sun/eying & mapping,landscape architecture,,and.arc^itectura Numerousstudieshaveshownthat selectfonbasedon qualifications providestheownerwith optimum.services*whereas selection based on tow price only assures the ©Wrier of the least expensive initial design or study cost, not necessarily thebestor most cost-effective oyer the life ofthe project Public agencies that use.qualifications based selection,under the.CCNA to procure engineering servicesare better ableto control construction costs and achieve a consistently high degreeof project satisfaction than thpse using other procurement methgds.Therefpre,the selection of firms vvill bebasedon qualifications andonce firms areselected,then competitive negotiations for fees will occur Further,theintentof the CCNA legislationhas always been topreclude "price consideration" from enteringintotheselectionprocess.The Florida Legislature clarified the statute in 1988 to statethatan"agency may request,accept,andconsiderproposals for thecompensationtobe paid underthe contract only during the competitive negotiation." In accordance with Florida Statute 287.055 (Consultant's Competitive NegotiationAct) "CCNA",thereview committee rankedthefirmswithinthe categories ofArchitecture, Landscape Architecture,Civil/Environmental Engineering,Traffic arid Transportation Engineering.The top5firmsforeachcategoryarelistedbelowInorderoftheirranking. Civil %EAC CONSULTING,INC 2,CIVIL WORKS INC 4 AftA ENGINEERING,INC 4=SRS ENGINEERING^JNCi 5:RvJ BEHARMOM^Nt INC ENGINEERS,PLANNERS. Traffic&Transportation lt TVUNjWTeRNATI0NALyH4BOSS 2.THECOReADINOGBQUP 3,MARLIN ENGINEERING 4 ©I*PEREZ eONSliLTING ENGINEERS,INC., 5.URS, Architectu.i'e. 2.BgR^lEtto;AJAWl &KMTBERfe 3 SOLSARCHlRG 4 REv.QiiSiiQiL^AROHfTEm.IRC 5 I^DI&QiSBWiCE dORPORAflO^N Environmental. 1.R.J BEHAR &eOMPANYINC ENGINEERS,PLANNERS .%WrLlA^SV^lNPp.XSSQljiATEJis %s:TANLEV OON^CjLtANTS,INjCS 4.BAtJETE^ 5,LANGAN ENGINEERING SMictdral t:'SRSE^GiNEERl.NjS;:lN^ 2:GiBATTSlTAAASaOCfAT-ES Si STANLiV CONSULTANTS,INC 1,O0£ARY RICHARDS DESIGN*ASSOCIATES 2,BERWELLO AJAMIL &.PARTNERS^ 3:ROSENBERG GARDNER DESIGN 4,CURTIS••-ROGERS DESIGNSTUDIO,INC 5.K1MLEY HORN &ASSOCIATES City staff will:be submitting,at a future regular Commission meeting,the completed Professional General Services Agreements for Commission approval for each ranked firm,| which will includenegotiated hourly rates.j The execution ofthese Professional General Service agreementsdoes riot commit the City i toany maximum amount of fees nor guarantee any work.Upon selection of the firms,the i City will negotiate,hourly rates that are acceptable tothe City and within industry.Standards, Upon the City and firm negotiating a cost to perform the required scope of £project,a \ resolution will be brought before the City Commission for approval of the;service I | agreement I Attachments:ProposedResolution Evaluation selection sheet Standardprofessionalservice agreement RFQ#PW-P2013-04 Rank|Bidder Points Civil Engineering JV SK GM Total TYLIN INTERNATIONAL/HJ ROSS 89 97 91 277 1 EACCONSULTING,INC 90 97 89 276 2 CIVIL WORKS INC 86 91 85 262 BERMELLO AJAMIL &PARTNERS (NP)85 88 81 254 THE CORRADIMO GROUP 74 96 81 251 3 A.D.A:ENGINEERING,INC.81 91 78 250 4 SRSENGINEERING,INC 69 98 81 248 5 RJBEHAR&COMPANYINCENGINEERS,PLANNERS 79 98 71 248 MILIAN SWAIN AND ASSOCIATES 85 79 80 244 STANLEYCONSULTANTS,INC.71 90 71 232 CPH ENGINEERS 72 94 65 231 BAUET 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 EngineeringServices JV SK GM Total 1 TYLIN INTERNATIONAL/HJ ROSS 89 97 91 277 2 THE CORRADINO 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 CH PEREZCONSULTINGENGINEERS,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 STANLEY CONSULTANTS,IMC.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 TY LIN INTERNATIONAL/HJ ROSS-Ail services 89 97 91 277 CIVIL WORKS INC (NP)86 91 85 262 THECORRADINOGROUP(NP)74 96 81 251 A.DAENGINEERING,INC.81 91 78 250 1 RJBEHAR&COMPANY INC ENGINEERS,PLANNERS 79 92 77 248 SRSENGINEERING,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 LANGAN ENGINEERING (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 G BATISTA &ASSOCIATES 78 89 70 237 3 STANLEY CONSULTANTS,INC 71 90 71 232 BAUETENVIRONMENTAL,INC 71 85 71 227 Landscape Architecture JV SK GM Total 1 O'LEARY RICHARDS DESIGN &ASSOCIATES 85 87 86 258 2 BERMELLO AJAMIL&PARTNERS(NP)85 88 81 254 3 ROSENBERG GARDNER DESIGN 76 97 81 254 4 CURTIS+ROGERS DESIGNSTUDIO,INC 76 8784 247 5 KIMLEY HORN &ASSOCIATES 75 9768 240 DREDGING &MARINE CONSULTANTS 63 87 6C 216 Key: Not a prime service